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

Marginal note:2003, c. 10, s. 7(1)

• 70. (1) Subsections 7(2) and (2.1) of the Act are replaced by the following:

  • Marginal note:Time limit for filing return

    (2) The officer responsible for filing returns shall file a return not later than two months after the day on which the requirement to file a return first arises under subsection (1).

• Marginal note:2003, c. 10, s. 7(1)

  (2) Paragraphs 7(3)(f.1) to (h.3) of the Act are replaced by the following:

  • (f.1) if the employer is a corporation,

    • (i) a list including the name of each senior officer or employee a significant part of whose duties is as described in paragraph (1)(a), and

    • (ii) a second list including the name of each other senior officer any part of whose duties is as described in paragraph (1)(a) but without constituting a significant part;

  • (g) particulars to identify the subject-matter of any communication that any employee named in the return has made or is expected to make with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) and any other information respecting that subject-matter that is prescribed;

  • (h) if any employee named in the return is a former public office holder, a description of the offices held, which of those offices, if any, qualified the employee as a designated public office holder and the date on which the employee last ceased to hold such a designated public office;

• Marginal note:2003, c. 10, s. 7(1)

  (3) Paragraphs 7(3)(j) and (k) of the Act are replaced by the following:

  • (j) the name of any department or other governmental institution in which any public office holder with whom any employee named in the return communicates or is expected to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (v) is employed or serves;

  • (k) particulars to identify any communication technique, including grass-roots communication within the meaning of paragraph 5(2)(j), that any employee named in the return uses or is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v); and

• Marginal note:2003, c. 10, s. 7(1)

  (4) Subsection 7(4) of the Act is replaced by the following:

  • Marginal note:Requirement to file monthly return

    (4) The officer responsible for filing returns shall file a return, in the prescribed form and manner, not later than 15 days after the end of every month, beginning with the one in which the return is filed under subsection (1), that

    • (a) sets out, with respect to every communication referred to in paragraph (1)(a) that is of a prescribed type and that was made in that month involving a designated public office holder,

      • (i) the name of the designated public office holder who was the object of the communication,

      • (ii) the date of the communication,

      • (iii) particulars, including any prescribed particulars, to identify the subject-matter of the communication, and

      • (iv) any other information that is prescribed;

    • (b) if any information contained in the return filed under subsection (1) is no longer correct or additional information that the officer would have been required to provide under that subsection has come to the knowledge of the officer after the return was filed, provides the corrected or additional information; and

    • (c) if the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b), advises the Commissioner of that fact.

  • Marginal note:First monthly return

    (4.1) The first return filed under subsection (4) shall, despite paragraph (4)(a), set out the information required by that paragraph in respect of communications made between the day on which the requirement to file a return first arose under subsection (1) and the end of the month immediately before the filing of the return.

  • Marginal note:Exception

    (4.2) Subject to subsection (4.3), no return is required under subsection (4) if no communication referred to in paragraph (4)(a) was made during the period with respect to which the return is to set out information and if the circumstances referred to in paragraphs (4)(b) and (c) have not arisen.

  • Marginal note:Return — six-month period

    (4.3) In any case, no more than five months shall have elapsed since the end of the month in which a return was last filed without a return being filed under subsection (4), even if, since the last return, no communication was made as referred to in paragraph (4)(a) and the circumstances referred to in paragraphs (4)(b) and (c) have not arisen, in which case the report shall so state.

  • Marginal note:Termination of reporting obligation

    (4.4) The obligation to file a return under subsection (4) terminates when the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b) and a report has been filed under that subsection advising of that fact in accordance with paragraph (4)(c).

71. Section 8 of the Act is repealed.

Marginal note:1995, c. 12, s. 5

• 72. (1) Subsection 9(1) of the Act is replaced by the following:

  Marginal note:Registry

  • 9. (1) The Commissioner shall establish and maintain a registry in which shall be kept a record of all returns and other documents submitted to the Commissioner under this Act and of any information sent under subsection 9.1(1) and responses provided relative to that information.

  • (2) Section 9 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Clarifications and corrections

      (3.1) Every individual who is required to submit returns or other documents referred to in subsection (1), or to provide responses referred to in that subsection, shall provide in the prescribed time, manner and form any clarification or correction to them that the Commissioner requires.

73. The Act is amended by adding the following after section 9:

Marginal note:2004, c. 7, s. 20

74. Subsection 10(1) of the Act is replaced by the following:

75. The Act is amended by adding the following after section 10: