Law:Federal Accountability Act

From Law Delta

Revision as of 04:38, 26 September 2011 by Admin (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search


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:


Contents

Short Title

Short title

1. This Act may be cited as the Federal Accountability Act.


PART 1. CONFLICTS 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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

Order in council

108. *(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.

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.

Coming into force

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.

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.

Order in council

Coming into force


Part 2. Supporting 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. (1) (Repealed, 2006, c. 9, s. 117(2))

(2) (Amendment)


Privacy Act

118. (Amendments)


Public Servants Disclosure Protection Act

119. (Amendments)


Transitional Provision

120. (Transitional provision)


Part 3. Office 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

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.

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 4. Administrative 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)

The following provision is not in force.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

Order in council

300. *(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.

Order in council


Part 5. Procurement 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

Order in council

314. *(1) Sections 306 and 307 come into force on a day or days to be fixed by order of the Governor in Council.

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)


Personal tools
Laws
Variants
Actions
Navigation
Toolbox