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

Full Document:  

Assented to 2006-12-12

PART 3OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS, ADMINISTRATIVE TRANSPARENCY AND DISCLOSURE OF WRONGDOING

2005, c. 46Public Servants Disclosure Protection Act

Amendments to Act

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):

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 Subsection 59(1) of the Act is repealed.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.

Coming into Force

Marginal note:Order in council

  • 228. (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.

    • 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

1995, c. 28Business Development Bank of Canada Act

229. Subsection 6(4) of the Business Development Bank of Canada Act is replaced by the following:

  • Marginal note:Appointment of directors

    (4) The other directors are to be appointed by the Designated Minister, with the approval of the Governor in Council, for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than half of the directors.

R.S., c. C-2; 2001, c. 34, s. 14(E)Canada Council for the Arts Act

Marginal note:1995, c. 29, s. 10(E)

230. Subsection 4(2) of the Canada Council for the Arts Act is replaced by the following:

  • Marginal note:Other members

    (2) Each of the other members of the Council shall be appointed for a term of four years.

R.S., c. C-7Canada Mortgage And Housing Corporation Act

  • 231. (1) The definition “Chairman” in section 2 of the English version of the Canada Mortgage and Housing Corporation Act is repealed.

  • (2) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

    “Chairperson”

    Marginal note:Version anglaise seulement

    “Chairperson” means the Chairperson of the Board, appointed pursuant to subsection 6(2);

Marginal note:1999, c. 27, s. 25(2)

232. Subsection 6(4) of the Act is replaced by the following:

  • Marginal note:Appointment of directors

    (4) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the directors.

Marginal note:Replacement of references

233. The English version of the Act is amended by replacing “Chairman” with “Chairperson” wherever it occurs in the following provisions:

  • (a) subsections 6(1) to (3);

  • (b) section 9;

  • (c) subsection 10(2);

  • (d) subsection 12(1); and

  • (e) section 15.

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