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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

R.S., c. A-1Access to Information Act

Amendments to Act

165. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Canadian Wheat Board

    Commission canadienne du blé

166. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Asia-Pacific Foundation of Canada

    Fondation Asie-Pacifique du Canada

  • Canada Foundation for Innovation

    Fondation canadienne pour l'innovation

  • Canada Foundation for Sustainable Development Technology

    Fondation du Canada pour l'appui technologique au développement durable

  • Canada Millennium Scholarship Foundation

    Fondation canadienne des bourses d'études du millénaire

  • The Pierre Elliott Trudeau Foundation

    La Fondation Pierre-Elliott-Trudeau

167. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Office of the Auditor General of Canada

    Bureau du vérificateur général du Canada

168. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Office of the Chief Electoral Officer

    Bureau du directeur général des élections

169. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Office of the Commissioner of Official Languages

    Commissariat aux langues officielles

170. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Office of the Information Commissioner

    Commissariat à l’information

171. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Office of the Privacy Commissioner

    Commissariat à la protection de la vie privée

172. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

and a corresponding reference to “section 24.3”.

172.01 Schedule II to the Act is amended by adding, in alphabetical order, a reference to

and a corresponding reference to “section 540”.

Consequential Amendment

R.S., c. C-24Canadian Wheat Board Act

172.1 The Canadian Wheat Board Act is amended by adding the following after section 76:

Review by Minister

Marginal note:Access to Information Act

76.1 In the event of a change to the Corporation's mandate, the Minister shall review the appropriateness of the Corporation's inclusion in Schedule I to the Access to Information Act.

2000, c. 9Canada Elections Act

Amendments to Act

173. Subsection 22(1) of the Canada Elections Act is amended by adding the following after paragraph (c):

  • (c.1) persons designated pursuant to subsection 28(3.1);

  • 174. (1) Subsection 24(1) of the Act is replaced by the following:

    Marginal note:Appointment of returning officers

    • 24. (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district in accordance with the process established under subsection (1.1) and may only remove him or her in accordance with the procedure established under that subsection.

    • Marginal note:Qualifications

      (1.1) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as returning officers, and shall establish for returning officers an external appointment process within the meaning of subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (7).

    • Marginal note:Meaning of merit

      (1.2) The appointment of a person as a returning officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

      • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

      • (b) any current or future operational requirements.

    • Marginal note:Term of office

      (1.3) A returning officer shall be appointed for a term of ten years.

    • Marginal note:Reappointment

      (1.4) The Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, reappoint for another term any returning officer whose term expires and who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment.

    • Marginal note:Continuation in office

      (1.5) A returning officer may, with the approval of the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until another person is appointed to the office.

  • (2) Subsection 24(4) of the Act is replaced by the following:

    • Marginal note:Vacancy

      (4) The office of returning officer does not become vacant unless the returning officer dies, resigns, is removed from office, reaches the end of his or her term of office or ceases to reside in the electoral district, or unless the boundaries of the electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

  • (3) The portion of subsection 24(7) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Removal from office

      (7) The Chief Electoral Officer may remove from office any returning officer who

175. Section 25 of the Act is replaced by the following:

Marginal note:List in Canada Gazette

25. Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

176. Subsections 28(2) to (4) of the Act are replaced by the following:

  • Marginal note:Assistant returning officer to act

    (3) Subject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer.

  • Marginal note:Designated person to act

    (3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during an election period, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, perform the duties of a returning officer in relation to that election.

  • Marginal note:Appointment within limited period

    (4) When the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay.

177. Section 536 of the Act is replaced by the following:

Marginal note:Report on returning officer qualifications

535.2 Whenever the Chief Electoral Officer, pursuant to subsection 24(1.1), prescribes the qualifications for the appointment of persons as returning officers or establishes a process for their appointment or a procedure for their removal — or modifies those qualifications, that process or that procedure in a significant manner — the Chief Electoral Officer shall report accordingly to the Speaker of the House of Commons without delay.

Marginal note:Submission of report to House of Commons

536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535 or 535.2 to the House of Commons without delay.

Transitional Provisions

Marginal note:Incumbent returning officers

  • 178. (1) The term of office of a returning officer who holds office immediately before the day on which this section comes into force expires on that day.

  • Marginal note:No right to compensation

    (2) No person has any right or claim to receive compensation, damages, indemnity or any other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office pursuant to subsection (1).

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