Federal Accountability Act (S.C. 2006, c. 9)
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Assented to 2006-12-12
PART 1CONFLICTS OF INTEREST, ELECTION FINANCING, LOBBYING AND MINISTERS’ STAFF
Conflict of Interest Act
R.S., c. 15 (4th Supp.)Non-smokers’ Health Act
Marginal note:2004, c. 7, s. 25
19. Paragraph (c) of the definition “employer” in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:
(c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or
R.S., c. 31 (4th Supp.)Official Languages Act
Marginal note:2004, c. 7, s. 26
20. Paragraph (c.1) of the definition “federal institution” in subsection 3(1) of the Official Languages Act is replaced by the following:
(c.1) the office of the Senate Ethics Officer and the office of the Conflict of Interest and Ethics Commissioner,
Marginal note:2004, c. 7, s. 27
21. Section 33 of the Act is replaced by the following:
Marginal note:Regulations
33. The Governor in Council may make any regulations that the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner — in both official languages, if those communications and services are required under this Part to be provided in both official languages.
Marginal note:2004, c. 7, s. 28(1)
22. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Regulations
38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner,
Marginal note:2004, c. 7, s. 28(2)(E)
(2) Paragraph 38(2)(b) of the Act is replaced by the following:
(b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.
Marginal note:2005, c. 41, s. 1
23. Subsection 41(3) of the Act is replaced by the following:
Marginal note:Regulations
(3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, prescribing the manner in which any duties of those institutions under this Part are to be carried out.
Marginal note:2004, c. 7, s. 29
24. Subsection 46(1) of the Act is replaced by the following:
Marginal note:Responsibilities of Treasury Board
46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner.
Marginal note:2004, c. 7, s. 30
25. Section 93 of the Act is replaced by the following:
Marginal note:Regulations
93. The Governor in Council may make regulations
(a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner; and
(b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.
R.S., c. P-1Parliament of Canada Act
Marginal note:2004, c. 7, s. 2
26. Subsection 20.5(4) of the Parliament of Canada Act is replaced by the following:
Marginal note:Conflict of Interest Act
(4) For greater certainty, the administration of the Conflict of Interest Act in respect of public office holders who are ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.
Marginal note:2004, c. 7, s. 4
27. The heading before section 72.01 and sections 72.01 to 72.13 of the Act are repealed.
28. The Act is amended by adding the following after section 80:
Conflict of Interest and Ethics Commissioner
Marginal note:Appointment
81. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Conflict of Interest and Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and approval of the appointment by resolution of that House.
Marginal note:Qualifications
(2) In order to be appointed under subsection (1), a person must be
(a) a former judge of a superior court in Canada or of any other court whose members are appointed under an Act of the legislature of a province;
(b) a former member of a federal or provincial board, commission or tribunal who, in the opinion of the Governor in Council, has demonstrated expertise in one or more of the following:
(i) conflicts of interest,
(ii) financial arrangements,
(iii) professional regulation and discipline, or
(iv) ethics; or
(c) a former Senate Ethics Officer or former Ethics Commissioner.
Marginal note:Reappointment
(3) The Commissioner is eligible to be reappointed for one or more terms of up to seven years each.
Marginal note:Tenure
82. (1) The Commissioner holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the House of Commons.
Marginal note:Interim appointment
(2) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.
Marginal note:Remuneration
83. (1) The Commissioner shall be paid the remuneration and expenses set by the Governor in Council.
Marginal note:Carrying out functions
(2) The Commissioner shall engage exclusively in the duties and functions of the Commissioner and may not hold any office under Her Majesty or engage in any other employment for reward.
Marginal note:Deputy head
84. (1) The Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Commissioner.
Marginal note:Powers to contract
(2) The Commissioner may, in carrying out the work of the office of the Commissioner, enter into contracts, memoranda of understanding or other arrangements.
Marginal note:Staff
(3) The Commissioner may employ any officers and employees and may engage the services of any agents and mandataries, advisers and consultants that the Commissioner considers necessary for the proper conduct of the work of the office of the Commissioner.
Marginal note:Authorization
(4) The Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Commissioner that he or she may determine.
Marginal note:Salaries
(5) The salaries of the officers and employees of the office of the Commissioner shall be fixed according to the scale provided by law.
Marginal note:Payment
(6) The salaries of the officers and employees of the office of the Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.
Marginal note:Estimates to be prepared
(7) Prior to each fiscal year, the Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Commissioner during the fiscal year.
Marginal note:Inclusion in government estimates
(8) The estimate referred to in subsection (7) shall be considered by the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the Government for the fiscal year.
Marginal note:Mandate
85. The mandate of the Commissioner is to
(a) carry out the functions of the Commissioner referred to in sections 86 and 87; and
(b) provide confidential policy advice and support to the Prime Minister in respect of conflict of interest and ethical issues in general.
Marginal note:Functions: members of House of Commons
86. (1) The Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when they are carrying out the duties and functions of their office as members of that House.
Marginal note:Privileges and immunities
(2) The duties and functions of the Commissioner under subsection (1) are carried out within the institution of the House of Commons. The Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions.
Marginal note:General direction of committee
(3) The Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose.
Marginal note:Clarification — ethical principles, etc.
(4) For greater certainty, the general direction of the committee referred to in subsection (3) does not include the administration of the Conflict of Interest Act in respect of ministers of the Crown, ministers of state or parliamentary secretaries acting in their capacity as ministers of the Crown, ministers of state or parliamentary secretaries.
Marginal note:Clarification — powers, etc., of House of Commons
(5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members.
Marginal note:No summons
86.1 (1) The Commissioner, or any person acting on behalf or under the direction of the Commissioner, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Commissioner under this Act.
Marginal note:Protection
(2) No criminal or civil proceedings lie against the Commissioner, or any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commissioner under this Act.
Marginal note:Clarification
(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Commissioner may otherwise enjoy.
Marginal note:Functions: public office holders
87. The Commissioner shall, in relation to public office holders, perform the duties and functions assigned to the Commissioner under the Conflict of Interest Act.
Marginal note:Use of personal information
88. (1) Personal information collected by the Commissioner shall not, without the consent of the individual to whom it relates, be used by the Commissioner except for the purpose for which the information was obtained or for a use consistent with that purpose.
Marginal note:Clarification
(2) The purpose for which information referred to in subsection (1) was obtained is determined by the section of this Act under which the Commissioner was acting when he or she obtained the information.
Marginal note:Delegation
89. The Commissioner may authorize any person to exercise or perform, subject to any restrictions or limitations that the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act or the Conflict of Interest Act except the power to delegate under this section.
Marginal note:Annual reports
90. (1) Within three months after the end of each fiscal year, the Commissioner shall submit
(a) a report on his or her activities under section 86 for that year to the Speaker of the House of Commons, who shall table the report in that House; and
(b) a report on his or her activities under section 87 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides.
Marginal note:Confidentiality
(2) The Commissioner may not include in the annual reports any information that he or she is required to keep confidential, including confidences of the Queen’s Privy Council for Canada.
R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act
Marginal note:2004, c. 7, s. 31
29. The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:
Marginal note:2004, c. 7, s. 32
30. Paragraph 2(a) of the Act is replaced by the following:
(a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, and
Marginal note:2004, c. 7, s. 33
31. The definition “employer” in section 3 of the Act is amended by replacing paragraph (e) with the following:
(e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;
Marginal note:2004, c. 7, s. 34
32. Paragraph 85(c.2) of the Act is replaced by the following:
(c.2) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner; or
R.S., c. P-36Public Service Superannuation Act
Marginal note:2004, c. 7, ss. 36 and 41(3)(E)
33. The definition “public service” in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:
“public service”
« fonction publique »
“public service” means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;
R.S., c. R-2; 1989, c. 17, s. 2Radiocommunication Act
Marginal note:1989, c. 17, s. 4; 2004, c. 7, s. 37
34. Subsections 3(1) and (2) of the Radiocommunication Act are replaced by the following:
Marginal note:Application to Her Majesty and Parliament
3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner and on Her Majesty in right of a province.
Marginal note:Exemptions
(2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be
(a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;
(b) either absolute or qualified; and
(c) of either general or specific application.
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