Federal Accountability Act (S.C. 2006, c. 9)

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.