Federal Accountability Act (S.C. 2006, c. 9)
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Assented to 2006-12-12
222. Section 56 of the Act is replaced by the following:
56. The schedule to the Canada Evidence Act is amended by adding the following after item 19:
20. The Public Sector Integrity Commissioner, for the purposes of sections 26 to 35 of the Public Servants Disclosure Protection Act.
Marginal note:R.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act
56.1 Subsection 28(1) of the Federal Courts Act is amended by striking out the word “and” at the end of paragraph (o), by adding the word “and” at the end of paragraph (p) and by adding the following after paragraph (p):
(q) the Public Servants Disclosure Protection Tribunal established by the Public Servants Disclosure Protection Act.
Marginal note:R.S., c. F-11
Financial Administration Act
56.2 Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I:
Office of the Public Sector Integrity Commissioner
Commissariat à l’intégrité du secteur public
and a corresponding reference in column II to the “President of the Treasury Board”.
56.3 Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:
Registry of the Public Servants Disclosure Protection Tribunal
Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
and a corresponding reference in column II to the “Minister of Canadian Heritage”.
56.4 Schedule IV to the Act is amended by adding the following in alphabetical order:
Office of the Public Sector Integrity Commissioner
Commissariat à l’intégrité du secteur public
Registry of the Public Servants Disclosure Protection Tribunal
Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
Marginal note:R.S., c. 31 (4th Supp.)
Official Languages Act
56.5 Subsection 24(3) of the Official Languages Act is amended by adding the following after paragraph (b):
(b.1) the Office of the Public Sector Integrity Commissioner;
223. Section 57 of the Act is replaced by the following:
57. Subsection 9(3) of the Personal Information Protection and Electronic Documents Act is amended by striking out the word “or” at the end of paragraph (c.1), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the information was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.
224. Sections 58 and 58.1 of the Act are replaced by the following:
58. The Privacy Act is amended by adding the following in numerical order:
Marginal note:Public Sector Integrity Commissioner
22.2 The Public Sector Integrity Commissioner shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act.
Marginal note:Public Servants Disclosure Protection Act
22.3 The head of a government institution shall refuse to disclose personal information requested under subsection 12(1) that was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.
58.1 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Office of the Public Sector Integrity Commissioner
Commissariat à l’intégrité du secteur public
Registry of the Public Servants Disclosure Protection Tribunal
Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
225. Subsection 59(1) of the Act is repealed.
Coordinating Amendment
226. On the later of the day on which section 45 of the Conflict of Interest Act comes into force and the day on which section 24 of the Public Servants Disclosure Protection Act comes into force ― or, if those days are the same day, then on that day ― section 24 of the Public Servants Disclosure Protection Act is amended by adding the following after subsection (2):
Marginal note:Jurisdiction of the Conflict of Interest and Ethics Commissioner
(2.1) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject-matter of the disclosure or the investigation is within the jurisdiction of the Conflict of Interest and Ethics Commissioner under the Conflict of Interest Act and must refer the matter to the Conflict of Interest and Ethics Commissioner.
R.S., c. S-3Salaries Act
227. The Salaries Act is amended by adding the following after section 1:
PUBLIC APPOINTMENTS COMMISSION
Marginal note:Functions of Commission
1.1 (1) The Governor in Council may establish a Public Appointments Commission, consisting of a chairperson and not more than four other members
(a) to oversee, monitor, review and report on the selection process for appointments and reappointments by the Governor in Council to agencies, boards, commissions and Crown corporations, and to ensure that every such process is widely made public and conducted in a fair, open and transparent manner and that the appointments are based on merit;
(b) to evaluate and approve the selection processes proposed by ministers to fill vacancies and determine reappointments within their portfolios, monitor and review those processes, and ensure that they are implemented as approved, giving special attention to any instances in which ministers make appointments that are inconsistent with the recommendations of appointment panels;
(c) to develop and establish a code of practice for appointments by the Governor in Council and ministers that sets out the steps that are necessary for a fair, open and transparent appointment process, including requirements for appointments and criteria for appointments to be made fully public;
(d) to audit appointment policies and practices in order to determine whether the code of practice is being observed;
(e) to report publicly on compliance with the code of practice, in particular by providing an annual report to the Prime Minister to be transmitted to the Speaker of each House of Parliament for tabling and referral to the appropriate committee of that House for study;
(f) to provide public education and training of public servants involved in appointment and reappointment processes regarding the code of practice; and
(g) to perform any other function specified by the Governor in Council.
Marginal note:Appointment
(2) Before making a recommendation to the Governor in Council that a person be appointed to the Commission, the Prime Minister shall consult with the leader of every recognized party in the House of Commons. An announcement of an appointment shall be transmitted to the Speaker of the House of Commons for tabling in that House.
Marginal note:Term of office
(3) Members of the Commission hold office during good behaviour for a term of five years and may be reappointed for a further term or terms, but are removable for cause by the Governor in Council.
Marginal note:Report to Parliament
(4) In its report, the Commission shall identify any material failure to comply with its code of practice by any department, Minister or official.
Marginal note:Remuneration and expenses
1.2 (1) Members of the Public Appointments Commission shall be paid the remuneration and expenses fixed by the Governor in Council.
Marginal note:Appointment of staff
(2) Any employees that are required by the Commission to enable it to carry out its functions shall be appointed in accordance with the Public Service Employment Act.
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