• Marginal note:When Vice-Chair­person to act

  (2) In the event of the absence or incapacity of the Chairperson of an Authority, or if the office of Chairperson is vacant, the Vice-Chairperson, if any, of the Authority shall act as Chairperson.

Marginal note:Remuneration

• 14. (1) The Chairperson and Vice-Chairperson of an Authority shall be paid remuneration to be fixed by the Governor in Council.

• Marginal note:Members’ allowances

  (2) A member, other than the Chairperson or Vice-Chairperson, of an Authority shall be paid a daily allowance to be fixed by the Governor in Council for each day that the member is engaged on the business of the Authority.

• Marginal note:Financial Administration Act

  (6) Part X of the Financial Administration Act, except for sections 132 to 147 and 154.01, does not apply to the Board. For the purposes of those sections, any reference to section 131 of that Act shall be read as a reference to section 35 of this Act.

Marginal note:Appointment of directors

• 9. (1) Each director shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for a term, not exceeding four years, that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors.

• Marginal note:Restriction — audit committee

  (1.1) None of the members of the audit committee may be officers or employees of the Board or any of its affiliates, within the meaning of section 83 of the Financial Administration Act.

Marginal note:Appointment of directors

11. Each director, other than the Chairperson and the Master of the Mint, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the directors.

Marginal note:Appointment of members

• 6. (1) Each member of the Council, other than the persons referred to in paragraphs 3(b) and (c), shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.

POWERS AND DUTIES

Marginal note:Inquiry and report

• 7.1 (1) The Auditor General may, with respect to a recipient under any funding agreement, inquire into whether

  • (a) the recipient has failed to fulfil its obligations under any funding agreement;

  • (b) money the recipient has received under any funding agreement has been used without due regard to economy and efficiency;

  • (c) the recipient has failed to establish satisfactory procedures to measure and report on the effectiveness of its activities in relation to the objectives for which it received funding under any funding agreement;

  • (d) the recipient has failed to faithfully and properly maintain accounts and essential records in relation to any amount it has received under any funding agreement; or

  • (e) money the recipient has received under any funding agreement has been expended without due regard to the environmental effects of those expenditures in the context of sustainable development.

IMMUNITIES

Marginal note:Immunity as witness

18.1 The Auditor General, or any person acting on behalf or under the direction of the Auditor General, is not a competent or compellable witness — in respect of any matter coming to the knowledge of the Auditor General or that person as a result of performing audit powers, duties or functions under this or any other Act of Parliament during an examination or inquiry — in any proceedings other than a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act.

Marginal note:Protection from prosecution

• 18.2 (1) No criminal or civil proceedings lie against the Auditor General, or against any person acting on behalf or under the direction of the Auditor General, for anything done, reported or said in good faith in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament.

• Marginal note:Defamation

  (2) For the purposes of any law relating to defamation,

  • (a) anything said, any information supplied or any document or thing produced in good faith by or on behalf of the Auditor General, in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, is privileged; and

  • (b) any report made in good faith by the Auditor General in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast, is privileged.

PROCUREMENT OMBUDSMAN

Marginal note:Appointment

• 22.1 (1) The Governor in Council may appoint a Procurement Ombudsman for a term of not more than five years.

• Marginal note:Remuneration and expenses

  (2) The Procurement Ombudsman shall be paid the remuneration and expenses that may be fixed by the Governor in Council.

• Marginal note:General duties and functions

  (3) The Procurement Ombudsman shall, in accord­ance with the regulations,

  • (a) review the practices of departments for acquiring materiel and services to assess their fairness, openness and transparency and make any appropriate recommendations to the relevant department for the improvement of those practices;

  • (b) review any complaint respecting the compliance with any regulations made under the Financial Administration Act of the award of a contract for the acquisition of materiel or services by a department to which the Agreement, as defined in section 2 of the Agreement on Internal Trade Implementation Act, would apply if the value of the contract were not less than the amount referred to in article 502 of that Agreement;

  • (c) review any complaint respecting the administration of a contract for the acquisition of materiel or services by a department; and

  • (d) ensure that an alternative dispute resolution process is provided, on request of each party to such a contract.

• Marginal note:Other duties and functions

  (4) The Procurement Ombudsman shall also perform any other duty or function respecting the practices of departments for acquiring materiel and services that may be assigned to the Procurement Ombudsman by order of the Governor in Council or the Minister.

Marginal note:Person who may complain

• 22.2 (1) A person may only file a complaint referred to in paragraph 22.1(3)(b) or (c) if that person is a Canadian supplier within the meaning of article 518 of the agreement referred to in paragraph 22.1(3)(b) and meets any requirements prescribed by the regulations.

• Marginal note:Timing of complaint

  (2) The complaint may only be filed after the award of the contract to which the complaint relates.

• Marginal note:Findings and recommendations

  (3) The Procurement Ombudsman shall, within the period after the complaint is filed that may be established by the regulations, provide the complainant, the relevant minister and the Minister with the Procurement Ombudsman's fin­dings and any recommendations.

• Marginal note:Limitation

  (4) The Procurement Ombudsman may not recommend the cancellation of the contract to which the complaint relates.

Marginal note:Annual Report

• 22.3 (1) The Procurement Ombudsman shall, within four months after the end of each fiscal year, deliver a report respecting the activities of the Procurement Ombudsman in that year to the Minister.

• Marginal note:Annual report to be laid

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

Marginal note:Regulations

23.1 The Governor in Council may make regulations respecting

• (a) the performing of the duties and functions of the Procurement Ombudsman referred to in subsection 22.1(3), including the departments in respect of which those duties and functions shall not be performed;

• (b) the filing of complaints referred to in paragraphs 22.1(3)(b) and (c), including any conditions that must be met before a complaint may be filed and the manner in which it must be filed; and

• (c) the types of recommendations that the Procurement Ombudsman may make in response to the complaints and the time within which they must be made.

PART III.1CONTRACTS

Marginal note:Commitment

40.1 The Government of Canada is committed to taking appropriate measures to promote fairness, openness and transparency in the bidding process for contracts with Her Majesty for the performance of work, the supply of goods or the rendering of services.

Marginal note:Règlements sur les contrats

• 41. (1) Le gouverneur en conseil peut, par règlement, régir les conditions de passation des contrats. Il peut en outre, par dérogation aux autres lois fédérales :

  • a) ordonner l’interdiction ou l’invalidation des contrats prévoyant un paiement qui dépasse un plafond fixé par lui sans que lui-même ou le Conseil du Trésor ait approuvé leur passation;

  • b) prendre par règlement des mesures touchant les cautionnements à fournir à Sa Majesté et au nom de celle-ci en garantie de la bonne exécution des contrats.