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

Full Document:  

Assented to 2006-12-12

PART 1CONFLICTS OF INTEREST, ELECTION FINANCING, LOBBYING AND MINISTERS’ STAFF

R.S., c. 44 (4th Supp.)Lobbyists Registration Act

Amendments to Act

76. The Act is amended by adding the following before section 10.4:

INVESTIGATIONS
Marginal note:2004, c. 7, s. 23 and par. 39(3)(a)

  • 77. (1) Subsections 10.4(1) and (2) of the Act are replaced by the following:

    Marginal note:Investigation

    • 10.4 (1) The Commissioner shall conduct an investigation if he or she has reason to believe, including on the basis of information received from a member of the Senate or the House of Commons, that an investigation is necessary to ensure compliance with the Code or this Act, as applicable.

    • Marginal note:Exception

      (1.1) The Commissioner may refuse to conduct or may cease an investigation with respect to any matter if he or she is of the opinion that

      • (a) the matter is one that could more appropriately be dealt with according to a procedure provided for under another Act of Parliament;

      • (b) the matter is not sufficiently important;

      • (c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose; or

      • (d) there is any other valid reason for not dealing with the matter.

    • Marginal note:Powers of investigation

      (2) For the purpose of conducting the investigation, the Commissioner may

      • (a) in the same manner and to the same extent as a superior court of record,

        • (i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence on oath, and

        • (ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation;

        and

      • (b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

  • Marginal note:2003, c. 10, ss. 10(2) and (3); 2004, c. 7, s. 23 and par. 39(3)(b) and (c)

    (2) The portion of section 10.4 of the Act after subsection (5) is replaced by the following:

    • Marginal note:Confidentiality

      (6) The Commissioner, and every person acting on behalf of or under the direction of the Commissioner, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless

      • (a) the disclosure is, in the opinion of the Commissioner, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5;

      • (b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner; or

      • (c) the Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.

    • Marginal note:Advice to peace officers

      (7) If, during an investigation under this section, the Commissioner believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Commissioner shall advise a peace officer having jurisdiction to investigate the alleged offence and immediately suspend the Commissioner’s investigation.

    • Marginal note:Suspension of investigation

      (8) The Commissioner shall immediately suspend an investigation under this section if he or she discovers that the subject-matter of the investigation is also the subject-matter of an investigation to determine whether an offence under this or any other Act of Parliament or of the legislature of a province has been committed or that a charge has been laid with respect to that subject-matter.

    • Marginal note:Investigation continued

      (9) The Commissioner may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

Marginal note:2004, c. 7, ss. 23, 24 and 39(4)

78. Sections 10.5 to 11 of the Act are replaced by the following:

Marginal note:Report on investigation

  • 10.5 (1) After conducting an investigation, the Commissioner shall prepare a report of the investigation, including the findings, conclusions and reasons for the Commissioner’s conclusions, and submit it to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

  • Marginal note:Contents of report

    (2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be, or of any payment made by the client of an individual who is required to file a return under subsection 5(1) in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi), any communication referred to in paragraph 5(1)(a) or any meeting referred to in paragraph 5(1)(b), if the Commissioner considers publication of the details to be in the public interest.

REPORTS TO PARLIAMENT

Marginal note:Annual report

11. The Commissioner shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act during that fiscal year and submit the report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

Marginal note:Special reports

  • 11.1 (1) The Commissioner may, at any time, prepare a special report concerning any matter within the scope of the powers, duties and functions of the Commissioner if, in the opinion of the Commissioner, the matter is of such urgency or importance that a report on it should not be deferred until the next annual report.

  • Marginal note:Tabling of special report

    (2) The Commissioner shall submit the special report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.

79. Section 12 of the Act is amended by adding the following after paragraph (c):

  • (c.1) designating, individually or by class, any position occupied by a public office holder as a position occupied by a designated public office holder for the purposes of paragraph (c) of the definition “designated public office holder” in subsection 2(1) if, in the opinion of the Governor in Council, doing so is necessary for the purposes of this Act;

Marginal note:1995, c. 12, s. 7

80. Section 14 of the Act is replaced by the following:

Marginal note:Contravention

  • 14. (1) Every individual who fails to file a return as required under subsection 5(1) or (3) or 7(1) or (4), or knowingly makes any false or misleading statement in any return or other document submitted to the Commissioner under this Act or in any response provided relative to information sent under subsection 9.1(1), whether in electronic or other form, is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; and

    • (b) on proceedings by way of indictment, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both.

  • Marginal note:Other contraventions

    (2) Every individual who contravenes any provision of this Act — other than subsections 5(1) and (3), 7(1) and (4) and 10.3(1) — or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

  • Marginal note:Limitation

    (3) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than five years after the day on which the Commissioner became aware of the subject-matter of the proceedings but, in any case, not later than ten years after the day on which the subject-matter of the proceedings arose.

Marginal note:Prohibition on communication

14.01 If a person is convicted of an offence under this Act, the Commissioner may — if satisfied that it is necessary in the public interest, taking into account the gravity of the offence and whether the offence was a second or subsequent offence under this Act — prohibit for a period of not more than two years the person who committed the offence from effecting any communication described in paragraph 5(1)(a) or 7(1)(a) or arranging a meeting referred to in paragraph 5(1)(b).

Marginal note:Publication

14.02 The Commissioner may make public the nature of the offence, the name of the person who committed it, the punishment imposed and, if applicable, any prohibition under section 14.01.

Marginal note:Replacement of references

81. The Act is amended by replacing “registrar” with “Commissioner” wherever it occurs in the following provisions:

  • (a) subsections 5(1) and (5);

  • (b) subsections 7(1) and (5);

  • (c) sections 7.1 to 7.3;

  • (d) subsections 9(2) to (4);

  • (e) section 10.2;

  • (f) section 10.4; and

  • (g) paragraphs 12(a) and (b).

Terminology

Marginal note:Replacement of references

82. Unless the context otherwise requires, any reference to the Lobbyists Registration Act is replaced by a reference to the Lobbying Act wherever it occurs in regulations, as defined in section 2 of the Statutory Instruments Act and in any other instrument made in the execution of a power conferred under an Act of Parliament or by order or under the authority of the Governor in Council.

Table of Contents

 

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