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

Assented to 2006-12-12

Marginal note:2005, c. 30, s. 51

  • 262. (1) Subsection 85(1) of the Act is replaced by the following:

    Marginal note:Exemption for Bank of Canada

    • 85. (1) Divisions I to IV, except for section 154.01, do not apply to the Bank of Canada.

  • (2) Section 85 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Exemption for Canada Pension Plan Investment Board

      (1.01) Divisions I to IV, except for section 154.01, do not apply to the Canada Pension Plan Investment Board.

  • Marginal note:2005, c. 30, s. 51

    (3) Subsections 85(1.1) and (1.2) of the Act are replaced by the following:

    • Marginal note:Exempted Crown corporations

      (1.1) Divisions I to IV, except for sections 131 to 148 and 154.01, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation.

    • Marginal note:Exemption for Telefilm Canada

      (1.2) Divisions I to IV, except for sections 131 to 148 and 154.01 and subject to subsection 21(2) of the Telefilm Canada Act, do not apply to Telefilm Canada.

Marginal note:1994, c. 47, s. 116

263. Subsection 89.2(1) of the Act is replaced by the following:

Marginal note:Directive

  • 89.2 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the WTO Agreement that pertains to that Crown corporation.

Marginal note:1996, c. 17, s. 16

264. Section 89.3 of the Act is replaced by the following:

Marginal note:Directive

89.3 Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Agreement as that term is defined in section 2 of the Agreement on Internal Trade Implementation Act that pertains to that Crown corporation.

Marginal note:1997, c. 14, s. 79

265. Subsection 89.4(1) of the Act is replaced by the following:

Marginal note:Directive

  • 89.4 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that Crown corporation.

Marginal note:2001, c. 28, s. 51

266. Subsection 89.5(1) of the Act is replaced by the following:

Marginal note:Directive

  • 89.5 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada–Costa Rica Free Trade Agreement that pertains to that Crown corporation.

267. Subsection 105(1) of the Act is replaced by the following:

Marginal note:Appointment of directors

  • 105. (1) Each director, other than an officer-director, of a parent Crown corporation shall be appointed by the appropriate 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 of the corporation.

Marginal note:1991, c. 24, s. 50 (Sch. II, item 22)(F)

268. Subsection 148(1) of the Act is replaced by the following:

Marginal note:Audit committee

  • 148. (1) Each parent Crown corporation that has four or more directors shall establish an audit committee composed of not less than three directors of the corporation, none of whom may be officers or employees of the corporation or any of its affiliates.

269. The Act is amended by adding the following after section 154:

Offence

Marginal note:Fraud against Her Majesty

  • 154.01 (1) A director, officer or employee of a Crown corporation who, by deceit, falsehood or other fraudulent means, in connection with the collection, management or disbursement of money belonging to the corporation, defrauds the corporation of any money, securities, property or service is guilty of an indictable offence and liable on conviction

    • (a) if the amount of the money or the value of the securities, property or service does not exceed $5,000, to a fine not exceeding $5,000 and to imprisonment for a term not exceeding five years; or

    • (b) if the amount of the money or the value of the securities, property or service exceeds $5,000, to a fine not exceeding that amount or that value and to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Employment

    (2) A person who is convicted of an offence under subsection (1) in respect of a corporation is, after the time for final appeal has expired, ineligible to be an employee of the corporation.

270. The Act is amended by adding, after Schedule V, the Schedule VI set out in the schedule to this Act.

Coordinating Amendments

Marginal note:Commissioner of Lobbying

271. On the later of the day on which section 68 of this Act comes into force and the day on which section 270 of this Act comes into force — or, if those days are the same day, then on that day — Part III of Schedule VI to the Financial Administration Act is amended by deleting the following from column I:

  • Office of the Registrar of Lobbyists

    Bureau du directeur des lobbyistes

and the corresponding reference in column II to the “Registrar of Lobbyists”.

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