Federal Accountability Act (S.C. 2006, c. 9)
Full Document:
Assented to 2006-12-12
249. Subsections 28(1) to (3) of the Act are replaced by the following:
Marginal note:Appointment of Chief Executive Officer
28. (1) The Chief Executive Officer shall be appointed by the Governor in Council for a term that the Governor in Council considers appropriate, and may be removed at any time by the Governor in Council.
Marginal note:Appointment of directors
(2) Each director, other than the Chairperson and the Chief Executive Officer, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office 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. Each director may be removed at any time by the Minister, with the approval of the Governor in Council.
Marginal note:Re-appointment
(3) The Chief Executive Officer is eligible for re-appointment on the expiration of a term of office. Notwithstanding subsection 105(3) of the Financial Administration Act, any other director who has served two consecutive terms is not, during the twelve months following the completion of a second term, eligible for appointment except as Chairperson or Chief Executive Officer.
250. Sections 29 and 30 of the Act are replaced by the following:
Marginal note:Chairperson to preside
29. The Chairperson shall preside at meetings of the Board, but in the event of the absence or incapacity of the Chairperson or a vacancy in that office, the Chief Executive Officer shall preside.
Marginal note:Authority of Chief Executive Officer
30. (1) The Chief Executive Officer of the Corporation has, on behalf of the Board, the direction and control of the business of the Corporation with authority to act in the conduct of that business in all matters that are not by this Part or by the by-laws of the Corporation specifically reserved to be done by the Board.
Marginal note:Absence or incapacity
(2) In the event of the absence or incapacity of the Chief Executive Officer or a vacancy in that office, the Board shall authorize another officer or director of the Corporation to act as the Chief Executive Officer, but no person may act as such for a period exceeding sixty days without the approval of the Governor in Council.
251. (1) Subsection 31(1) of the Act is replaced by the following:
Marginal note:Salaries and fees
31. (1) The Chief Executive Officer shall be paid by the Corporation a salary to be fixed by the Governor in Council. The other directors, except the Chairperson, shall be paid by the Corporation the fees fixed by the Governor in Council for attendance at meetings of the Board or any committee of the Board.
(2) Subsection 31(2) of the English version of the Act is replaced by the following:
Marginal note:Expenses
(2) Each director other than the Chairperson is entitled to be paid by the Corporation the travel and living expenses incurred in the performance of the director’s duties that are fixed by by-law of the Corporation.
252. (1) Paragraph 39(c) of the English version of the Act is replaced by the following:
(c) fixing the travel and living expenses to be paid to directors other than the Chairperson;
(2) Paragraph 39(e) of the Act is replaced by the following:
(e) respecting the establishment, management and administration of a pension fund for the Chief Executive Officer and the officers and employees of the Corporation and dependants of those persons, the contributions to be made to the fund by the Corporation and the investment of the pension fund moneys; and
Transitional Provision
Marginal note:Transitional — Vice-President
253. On the day on which this section comes into force, the person occupying the position of Vice-President of the Enterprise Cape Breton Corporation ceases to occupy that position and becomes the Chief Executive Officer of the Corporation, as if appointed to that position under subsection 28(1) of the Enterprise Cape Breton Corporation Act, for a term of office equivalent to the remainder of the person’s term as Vice-President.
R.S., c. E-20; 2001, c. 33, s. 2(F)Export Development Act
Marginal note:2001, c. 33, s. 13(E)
254. Subsection 4(1) of the Export Development Act is replaced by the following:
Marginal note:Appointment of directors
4. (1) 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.
1993, c. 14; 2001, c. 22, s. 2Farm Credit Canada Act
Marginal note:1994, c. 38, par. 25(1)(j)
255. Subsection 5(2) of the Farm Credit Canada Act is replaced by the following:
Marginal note:Appointment
(2) The directors, other than the Chairperson and the President, shall be appointed by the Minister of Agriculture and Agri-Food, 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 one half of the directors.
256. Subsection 8(1) of the Act is replaced by the following:
Marginal note:Committees
8. (1) The Board may establish an executive committee and any other committees that the Board considers advisable, and may determine their composition and duties and the tenure of their members.
R.S., c. F-11Financial Administration Act
Amendments to Act
257. Section 3 of the Financial Administration Act is amended by adding the following after subsection (9):
Marginal note:Schedule VI
(10) The Governor in Council may, by order,
(a) add to Part I of Schedule VI the name of any department named in Schedule I;
(b) add to Part II or III of Schedule VI the name of any department and a reference to the accounting officer for the department;
(c) amend Part II or III of Schedule VI by replacing a reference to the accounting officer for a department with a new reference;
(d) move from Part II to Part III of Schedule VI, or from Part III to Part II of that Schedule, the name of a department and the reference to its accounting officer;
(e) amend Part I, II or III of Schedule VI by replacing the former name of a department with the new name; and
(f) delete the name of a department and the reference to its accounting officer from Part I, II or III of Schedule VI, where the department has ceased to exist or become part of another department.
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