Federal Accountability Act
S.C. 2006, c. 9
Assented to 2006-12-12
An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Federal Accountability Act.
PART 1Conflicts of Interest, Election Financing, Lobbying and Ministers’ Staff
Conflict of Interest Act
Enactment of Act
2 The Conflict of Interest Act is enacted as follows:
[See Conflict of Interest Act]
Transitional Provisions
Marginal note:Positions
3 (1) An employee who occupies a position in the office of the Ethics Commissioner immediately before the day on which section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force continues in that position, except that from that day the employee occupies that position in the office of the Conflict of Interest and Ethics Commissioner.
Marginal note:Transfer of appropriation
(2) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the office of the Ethics Commissioner that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the office of the Conflict of Interest and Ethics Commissioner.
Marginal note:References
(3) Every reference to the Ethics Commissioner in any deed, contract, agreement, instrument or other document executed by that person is to be read as a reference to the Conflict of Interest and Ethics Commissioner, unless the context otherwise requires.
Marginal note:Continuation of proccedings
(4) Any action, suit or other legal or administrative proceeding to which the Ethics Commissioner is a party that is pending on the coming into force of this section may be continued by or against the Conflict of Interest and Ethics Commissioner in a similar manner and to the same extent as it would have been continued by or against the Ethics Commissioner.
Marginal note:Transfer of data
(5) All information that, on the day on which this section comes into force, is in the possession or control of the Ethics Commissioner relating to the exercise of his or her powers, duties and functions under the Parliament of Canada Act is, as of that day, under the control of the Conflict of Interest and Ethics Commissioner.
Marginal note:Jurisdiction of the Commissioner
(6) The Conflict of Interest and Ethics Commissioner has, with respect to persons subject to and obligations established by The Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from time to time, the same powers, duties and functions that the Ethics Counsellor or Ethics Commissioner had in relation to those persons and obligations. In addition, the Conflict of Interest and Ethics Commissioner has all the powers, duties and functions of the Commissioner under the Conflict of Interest Act in relation to those persons and obligations.
Marginal note:Exception
(7) Subsection (6) does not apply to any person or obligation in respect of which the Ethics Counsellor or Ethics Commissioner had reached a final decision.
Marginal note:Request from parliamentarian
(8) A member of the Senate or House of Commons may, with respect to persons subject to and obligations established by The Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from time to time, make a request to the Conflict of Interest and Ethics Commissioner in accordance with section 44 of the Conflict of Interest Act.
Marginal note:Reference to Act
3.1 (1) In this section, the other Act means, before the day on which section 66 of this Act comes into force, the Lobbyists Registration Act and, from that day, the Lobbying Act.
Marginal note:Five-year prohibition — lobbying
(2) If, on the day on which section 27 of this Act comes into force, section 10.11 of the other Act, as enacted by section 75 of this Act, is not yet in force, persons who would otherwise be bound by section 29 of the Conflict of Interest and Post-Employment Code for Public Office Holders by virtue of their office and who cease to hold that office on or after that day but before the day on which that section 10.11 comes into force, are subject to the obligations established by section 29 of that Code, despite the coming into force of section 27 of this Act.
Marginal note:Jurisdiction of registrar
(3) The registrar referred to in section 8 of the other Act has, with respect to the persons and obligations referred to in subsection (2), the same powers, duties and functions that the Ethics Commissioner would have in relation to those persons and obligations if section 27 of this Act were not in force.
Consequential Amendments
Canada Post Corporation Act
4 [Amendment]
Federal Courts Act
5 [Amendment]
6 [Amendment]
Financial Administration Act
7 [Amendments]
First Nations Fiscal and Statistical Management Act
8 [Amendment]
Garnishment, Attachment and Pension Diversion Act
9 [Amendment]
10 [Amendment]
11 [Amendment]
12 [Amendment]
13 [Amendment]
14 [Amendment]
15 [Amendment]
16 [Amendment]
17 [Amendment]
Government Employees Compensation Act
18 [Amendment]
Non-smokers’ Health Act
19 [Amendment]
Official Languages Act
20 [Amendment]
21 [Amendment]
22 [Amendments]
23 [Amendment]
24 [Amendment]
25 [Amendment]
Parliament of Canada Act
26 [Amendment]
27 [Amendment]
28 [Amendment]
Parliamentary Employment and Staff Relations Act
29 [Amendment]
30 [Amendment]
31 [Amendment]
32 [Amendment]
Public Service Superannuation Act
33 [Amendment]
Radiocommunication Act
34 [Amendment]
Coordinating Amendments
35 [Amendment]
36 [Amendment]
37 [Amendment]
38 [Amendment]
Canada Elections Act
Amendments to Act
39 [Amendment]
40 [Amendment]
41 [Amendments]
42 [Amendment]
43 [Amendment]
44 [Amendments]
45 [Amendments]
46 [Amendments]
47 [Amendments]
48 [Amendments]
49 [Amendment]
50 [Amendment]
51 [Amendment]
52 [Amendments]
53 [Amendment]
54 [Amendments]
55 [Amendment]
56 [Amendments]
57 [Amendments]
58 [Amendment]
59 [Amendment]
Transitional Provisions
60 [Transitional provision]
61 [Transitional provision]
62 [Transitional provision]
Consequential Amendments
Income Tax Act
63 [Amendment]
64 [Amendments]
Lobbyists Registration Act
Amendments to Act
65 [Amendment]
66 [Amendment]
67 [Amendments]
68 [Amendment]
69 [Amendments]
70 [Amendments]
71 [Amendment]
72 [Amendments]
73 [Amendment]
74 [Amendment]
75 [Amendment]
76 [Amendment]
77 [Amendments]
78 [Amendment]
79 [Amendment]
80 [Amendment]
81 [Amendment]
Terminology
82 [Amendment]
Transitional Provisions
83 [Transitional provision]
84 [Transitional provisions]
85 [Transitional provision]
86 [Transitional provision]
87 [Transitional provision]
88 [Transitional provisions]
88.1 [Transitional provisions]
88.11 [Transitional provisions]
88.2 [Transitional provision]
Consequential Amendments
Access to Information Act
89 [Amendment]
90 [Amendment]
91 [Amendment]
Financial Administration Act
92 [Amendment]
93 [Amendment]
94 [Amendment]
95 [Amendment]
Official Languages Act
96 [Amendment]
Privacy Act
97 [Amendment]
98 [Amendment]
Parliament of Canada Act
99 [Amendment]
Public Service Employment Act
Amendments to Act
100 [Amendment]
101 [Amendment]
102 [Amendment]
103 [Amendments]
104 [Amendment]
105 [Amendment]
106 [Amendment]
Transitional Provision
107 [Transitional provision]
Coming into Force
Marginal note:Order in council
108 Footnote *(1) The provisions of the Conflict of Interest Act, as enacted by section 2 of this Act, sections 3 to 34 of this Act and any provisions enacted or repeals effected by those sections come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Sections 35 to 38, 59, 83, 88.1 to 88.2 and 100 to 107 in force on assent December 12, 2006; the Conflict of Interest Act, as enacted by section 2, and sections 3 to 34 not in force.]
Marginal note:Order in council
(2) Notwithstanding subsection 114(4) of the Canada Pension Plan, the provisions of the Conflict of Interest Act, as enacted by section 2 of this Act, come into force as provided under subsection (1) but do not apply in respect of the Canada Pension Plan Investment Board unless the lieutenant governor in council of each of at least two thirds of the included provinces, within the meaning of subsection 114(1) of the Canada Pension Plan, having in the aggregate not less than two thirds of the population of all of the included provinces, has signified the consent of that province to those provisions.
Marginal note:Coming into force
Footnote *(3) Sections 39 and 40, subsections 44(1) and (2) and sections 56 and 58 come into force six months after the day on which this Act receives royal assent.
Return to footnote *[Note: Sections 39 and 40, subsections 44(1) and (2) and sections 56 and 58 in force June 12, 2007.]
Marginal note:Coming into force
(4) Sections 41 to 43, subsections 44(3) and (4) and sections 45 to 55, 57 and 60 to 64 come into force or are deemed to have come into force on January 1, 2007.
Marginal note:Coming into force
(4.1) Sections 63 and 64 come into force or are deemed to have come into force on January 1, 2007, but do not apply in respect of monetary contributions made before that day.
Marginal note:Order in council
Footnote *(5) Sections 65 to 82, 84 to 88 and 89 to 98 come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Sections 65 to 82, 84 to 88 and 89 to 98 not in force.]
Marginal note:Coming into force
(6) Section 99 of this Act comes into force on the day on which section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force.
PART 2Supporting Parliament
Access to Information Act
109 [Amendments]
Auditor General Act
110 [Amendments]
Official Languages Act
111 [Amendments]
Parliament of Canada Act
Amendments to Act
112 [Amendment]
113 [Amendment]
114 [Amendment]
115 [Amendment]
116 [Amendment]
Coordinating Amendments
117 [Amendments]
Privacy Act
118 [Amendments]
Public Servants Disclosure Protection Act
119 [Amendments]
Transitional Provision
120 [Transitional provision]
PART 3Office of the Director of Public Prosecutions, Administrative Transparency and Disclosure of Wrongdoing
Director of Public Prosecutions Act
Enactment of Act
121 The Director of Public Prosecutions Act is enacted as follows:
[See Director of Public Prosecutions Act]
Transitional Provisions
122 [Transitional provision]
123 [Transitional provisions]
124 [Transitional provisions]
125 [Transitional provision]
126 [Transitional provision]
127 [Transitional provisions]
128 [Transitional provision]
Consequential Amendments
Access to Information Act
129 [Amendment]
Canada Elections Act
130 [Amendment]
131 [Amendments]
132 [Amendment]
133 [Amendments]
134 [Amendment]
135 [Amendment]
136 [Amendment]
Department of Justice Act
137 [Amendment]
Financial Administration Act
138 [Amendment]
139 [Amendment]
Privacy Act
140 [Amendment]
Access to Information Act
Amendments to Act
141 [Amendments]
142 [Amendment]
143 [Amendment]
144 [Amendment]
145 [Amendment]
146 [Amendments]
147 [Amendment]
148 [Amendment]
149 [Amendments]
150 [Amendment]
151 [Amendment]
152 [Amendment]
153 [Amendment]
154 [Amendment]
155 [Amendment]
156 [Amendment]
157 [Amendment]
158 [Amendment]
159 [Amendment]
160 [Amendment]
161 [Amendments]
162 [Amendment]
163 [Amendments]
164 [Amendment]
165 [Amendment]
166 [Amendment]
167 [Amendment]
168 [Amendment]
169 [Amendment]
170 [Amendment]
171 [Amendment]
172 [Amendment]
172.01 [Amendment]
Consequential Amendment
Canadian Wheat Board Act
172.1 [Amendment]
Canada Elections Act
Amendments to Act
173 [Amendment]
174 [Amendments]
175 [Amendment]
176 [Amendment]
177 [Amendment]
Transitional Provisions
178 [Transitional provisions]
Export Development Act
179 [Amendment]
Library and Archives of Canada Act
179.1 [Amendment]
180 [Amendment]
Privacy Act
181 [Amendments]
182 [Amendment]
183 [Amendment]
184 [Amendment]
185 [Amendment]
186 [Amendment]
187 [Amendment]
188 [Amendment]
189 [Amendment]
190 [Amendment]
191 [Amendment]
192 [Amendment]
193 [Amendment]
Public Servants Disclosure Protection Act
Amendments to Act
194 [Amendments]
195 [Amendment]
196 [Amendment]
197 [Amendments]
198 [Amendment]
199 [Amendment]
200 [Amendment]
201 [Amendment]
202 [Amendments]
203 [Amendment]
204 [Amendment]
205 [Amendments]
206 [Amendment]
207 [Amendment]
208 [Amendment]
209 [Amendment]
210 [Amendments]
211 [Amendment]
212 [Amendment]
213 [Amendment]
214 [Amendment]
215 [Amendment]
216 [Amendment]
217 [Amendments]
218 [Amendment]
219 [Amendment]
220 [Amendment]
221 [Amendment]
222 [Amendment]
223 [Amendment]
224 [Amendment]
225 [Amendment]
Coordinating Amendment
226 [Amendment]
Salaries Act
227 [Amendment]
Coming into Force
Marginal note:Order in council
228 Footnote *(1) Sections 3.01 and 3.1 of the Access to Information Act, as enacted by section 142 of this Act, and section 3.01 of the Privacy Act, as enacted by section 182 of this Act, as well as subsection 141(2), sections 143 to 149, 154 and 157 to 160, subsection 163(1), sections 164 to 179, subsection 181(2) and sections 183, 184 and 186 to 193 of this Act and any provisions enacted by those provisions come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Section 3.1 of the Access to Information Act, as enacted by section 142, subsection 141(2), sections 143 to 148, 159, subsection 163(1), sections 164 to 171, subsection 181(2) and sections 183, 188, 190 to 193 not in force; sections 173 to 178 in force February 10, 2007, see SI/2007-17; section 3.01 of the Access to Information Act, as enacted by section 142, section 3.01 of the Privacy Act, as enacted by section 182 and sections 149, 154, 157, 158, 160, 172, 172.1, 179, 184, 186, 187 and 189 in force March 1, 2007, see SI/2007-19; remainder of provisions in force on assent December 12, 2006.]
Marginal note:Canada Pension Plan Investment Board
(2) Despite subsection (1), the definition government institution in section 3 of the Access to Information Act, as enacted by subsection 141(2) of this Act, and the definition government institution in section 3 of the Privacy Act, as enacted by subsection 181(2) of this Act, do not apply in respect of the Canada Pension Plan Investment Board unless the lieutenant governor in council of each of at least two thirds of the included provinces, within the meaning of subsection 114(1) of the Canada Pension Plan, having in the aggregate not less than two thirds of the population of all of the included provinces, has signified the consent of that province to the application of those definitions to the Board.
PART 4Administrative Oversight and Accountability
Business Development Bank of Canada Act
229 [Amendment]
Canada Council for the Arts Act
230 [Amendment]
Canada Mortgage And Housing Corporation Act
231 [Amendments]
232 [Amendment]
233 [Amendment]
Canada Post Corporation Act
234 [Amendments]
235 [Amendment]
236 [Amendment]
Canada Revenue Agency Act
237 [Amendment]
Canadian Commercial Corporation Act
238 [Amendment]
Canadian Dairy Commission Act
Amendments to Act
239 [Amendment]
240 [Amendments]
241 [Amendment]
Transitional Provision
242 [Transitional provision]
Canadian Race Relations Foundation Act
243 [Amendment]
244 [Amendment]
Canadian Tourism Commission Act
244.1 [Amendment]
244.2 [Amendment]
Cape Breton Development Corporation Act
245 [Amendment]
Criminal Code
246 [Amendment]
Enterprise Cape Breton Corporation Act
Amendments to Act
247 [Amendments]
248 [Amendment]
249 [Amendment]
250 [Amendment]
251 [Amendments]
252 [Amendments]
Transitional Provision
253 [Transitional provision]
Export Development Act
254 [Amendment]
Farm Credit Canada Act
255 [Amendment]
256 [Amendment]
Financial Administration Act
Amendments to Act
257 [Amendment]
258 [Amendment]
259 [Amendment]
260 [Amendment]
261 [Amendment]
262 [Amendments]
263 [Amendment]
264 [Amendment]
265 [Amendment]
266 [Amendment]
267 [Amendment]
268 [Amendment]
269 [Amendment]
270 [Amendment]
Coordinating Amendments
271 [Amendment]
272 [Amendment]
273 [Amendment]
274 [Amendment]
275 [Amendment]
Freshwater Fish Marketing Act
276 [Amendments]
277 [Amendment]
278 [Amendment]
Museums Act
279 [Amendment]
National Arts Centre Act
280 [Amendment]
281 [Amendment]
282 [Amendment]
National Capital Act
283 [Amendments]
284 [Amendment]
285 [Amendments]
286 [Amendment]
287 [Amendment]
288 [Amendment]
289 [Amendment]
Pilotage Act
290 [Amendments]
291 [Amendment]
292 [Amendment]
293 [Amendment]
294 [Amendment]
Public Sector Pension Investment Board Act
295 [Amendment]
296 [Amendment]
297 [Amendment]
Royal Canadian Mint Act
298 [Amendment]
Standards Council of Canada Act
299 [Amendment]
Coming into Force
Marginal note:Order in council
300 Footnote *(1) Subject to subsection (2), sections 239 to 242, 244, 246 to 253 and 261, subsections 262(1) and (3) and sections 263 to 266, 269, 283 to 289 and 295 come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Sections 239 to 242, 247 to 253 and 283 to 289 not in force; sections 244, 246, 261, subsections 262(1) and (3) and sections 263 to 266, 269 and 295 in force March 1, 2007, see SI/2007-15; remainder of provisions, except subsection 262(2), in force on assent December 12, 2006.]
Marginal note:Order in council
Footnote *(2) Subsection 262(2) comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.
Return to footnote *[Note: Subsection 262(2) not in force.]
PART 5Procurement and Contracting
Auditor General Act
301 [Amendments]
302 [Amendments]
303 [Amendment]
304 [Amendment]
305 [Amendment]
Department of Public Works and Government Services Act
306 [Amendment]
307 [Amendment]
Financial Administration Act
Amendments to Act
308 [Amendment]
309 [Amendments]
310 [Amendment]
311 [Amendment]
312 [Amendment]
Coordinating Amendment
313 [Amendment]
Coming into Force
Marginal note:Order in council
314 Footnote *(1) Sections 306 and 307 come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote *[Note: Sections 301 to 305 and 308 to 313 in force on assent December 12, 2006; sections 306 and 307 not in force.]
Marginal note:Order in council
(2) Notwithstanding subsection 114(4) of the Canada Pension Plan, section 312 comes into force on the day on which this Act is assented to, but that section does not apply in respect of the Canada Pension Plan Investment Board unless the lieutenant governor in council of each of at least two thirds of the included provinces, within the meaning of subsection 114(1) of that Act, having in the aggregate not less than two thirds of the population of all of the included provinces, has signified the consent of that province to the amendment made by that section.
SCHEDULE
[Amendment]
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