Federal Accountability Act (S.C. 2006, c. 9)
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Assented to 2006-12-12
PART 4ADMINISTRATIVE OVERSIGHT AND ACCOUNTABILITY
R.S., c. N-4National Capital Act
Marginal note:1995, c. 29, s. 55(E)
288. Subsection 9(1) of the Act is replaced by the following:
Marginal note:Executive Committee
9. (1) There shall be an Executive Committee of the Commission consisting of the Chairperson, the Chief Executive Officer and three other members to be appointed by the Commission, at least one of whom shall be from the Province of Quebec.
Marginal note:1995, c. 29, s. 55(E)
289. Section 22 of the Act is replaced by the following:
Marginal note:Evidence
22. In a prosecution for the contravention of any regulation made under subsection 20(1), a certificate stating that any property described in it is under the control of the Commission and purporting to be certified by the Commission or the Chief Executive Officer, General Manager, Chief Engineer, or Secretary of the Commission shall be admitted in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof and, in the absence of evidence to the contrary, is proof that the property is under the control of the Commission.
R.S., c. P-14Pilotage Act
290. (1) Subsection 3(3) of the Pilotage Act is replaced by the following:
Marginal note:Other members
(3) Each of the other members of an Authority 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 members.
Marginal note:1998, c. 10, s. 145(2)
(2) Subsection 3(3.1) of the English version of the Act is replaced by the following:
Marginal note:Full- or part-time
(3.1) The Chairperson and the Vice-Chairperson may be appointed to serve full-time or part-time.
291. Section 10 of the English version of the Act is replaced by the following:
Marginal note:Vice-Chairperson
10. The Governor in Council may appoint one of the members, other than the Chairperson, of an Authority to be Vice-Chairperson.
292. Subsection 13(2) of the English version of the Act is replaced by the following:
Marginal note:When Vice-Chairperson to act
(2) In the event of the absence or incapacity of the Chairperson of an Authority, or if the office of Chairperson is vacant, the Vice-Chairperson, if any, of the Authority shall act as Chairperson.
293. Subsections 14(1) and (2) of the English version of the Act are replaced by the following:
Marginal note:Remuneration
14. (1) The Chairperson and Vice-Chairperson of an Authority shall be paid remuneration to be fixed by the Governor in Council.
Marginal note:Members’ allowances
(2) A member, other than the Chairperson or Vice-Chairperson, of an Authority shall be paid a daily allowance to be fixed by the Governor in Council for each day that the member is engaged on the business of the Authority.
Marginal note:Replacement of references
294. The English version of the Act is amended by replacing “Chairman” with “Chairperson” wherever it occurs in the following provisions:
(a) subsections 3(1) and (2);
(b) subsections 13(1) and (1.1);
(c) subparagraph 17(1)(b)(i);
(d) subsections 27(1) to (3); and
(e) subsection 27(5).
1999, c. 34Public Sector Pension Investment Board Act
Marginal note:2005, c. 30, s. 47
295. Subsection 3(6) of the Public Sector Pension Investment Board Act is replaced by the following:
Marginal note:Financial Administration Act
(6) Part X of the Financial Administration Act, except for sections 132 to 147 and 154.01, does not apply to the Board. For the purposes of those sections, any reference to section 131 of that Act shall be read as a reference to section 35 of this Act.
296. Subsection 9(1) of the Act is replaced by the following:
Marginal note:Appointment of directors
9. (1) Each director shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for a term, not exceeding four years, that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors.
297. Section 27 of the Act is amended by adding the following after subsection (1):
Marginal note:Restriction — audit committee
(1.1) None of the members of the audit committee may be officers or employees of the Board or any of its affiliates, within the meaning of section 83 of the Financial Administration Act.
R.S., c. R-9Royal Canadian Mint Act
Marginal note:R.S., c. 35 (3rd Supp.), s. 9
298. Section 11 of the Royal Canadian Mint Act is replaced by the following:
Marginal note:Appointment of directors
11. Each director, other than the Chairperson and the Master of the Mint, 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.
R.S., c. S-16Standards Council of Canada Act
299. Subsection 6(1) of the Standards Council of Canada Act is replaced by the following:
Marginal note:Appointment of members
6. (1) Each member of the Council, other than the persons referred to in paragraphs 3(b) and (c), shall be appointed by the Governor in Council, on the recommendation of the Minister, 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 members.
Coming into Force
Marginal note: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.
Marginal note:Order in council
(2) Subsection 262(2) comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.
PART 5PROCUREMENT AND CONTRACTING
R.S., c. A-17Auditor General Act
Marginal note:2005, c. 30, s. 32
301. (1) The definitions “not-for-profit corporation” and “recipient corporation” in section 2 of the Auditor General Act are repealed.
Marginal note:2005, c. 30, s. 32
(2) The definition “funding agreement” in section 2 of the Act is replaced by the following:
“funding agreement”
« accord de financement »
“funding agreement” has the meaning given to that expression by subsection 42(4) of the Financial Administration Act;
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
“recipient”
« bénéficiaire »
“recipient” has the meaning given to that expression by subsection 42(4) of the Financial Administration Act;
Marginal note:2005, c. 30, s. 33
302. (1) The portion of subsection 2.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Control
2.1 (1) For the purpose of paragraph (d) of the definition “recipient” in subsection 42(4) of the Financial Administration Act, a municipality or government controls a corporation with share capital if
Marginal note:2005, c. 30, s. 33
(2) Subsection 2.1(2) of the Act is replaced by the following:
Marginal note:Control
(2) For the purpose of paragraph (d) of the definition “recipient” in subsection 42(4) of the Financial Administration Act, a corporation without share capital is controlled by a municipality or government if it is able to appoint the majority of the directors of the corporation, whether or not it does so.
303. The heading before section 5 of the Act is replaced by the following:
POWERS AND DUTIES
Marginal note:2005, c. 30, s. 34
304. Subsection 7.1(1) of the Act is replaced by the following:
Marginal note:Inquiry and report
7.1 (1) The Auditor General may, with respect to a recipient under any funding agreement, inquire into whether
(a) the recipient has failed to fulfil its obligations under any funding agreement;
(b) money the recipient has received under any funding agreement has been used without due regard to economy and efficiency;
(c) the recipient has failed to establish satisfactory procedures to measure and report on the effectiveness of its activities in relation to the objectives for which it received funding under any funding agreement;
(d) the recipient has failed to faithfully and properly maintain accounts and essential records in relation to any amount it has received under any funding agreement; or
(e) money the recipient has received under any funding agreement has been expended without due regard to the environmental effects of those expenditures in the context of sustainable development.
305. The Act is amended by adding the following after section 18:
IMMUNITIES
Marginal note:Immunity as witness
18.1 The Auditor General, or any person acting on behalf or under the direction of the Auditor General, is not a competent or compellable witness — in respect of any matter coming to the knowledge of the Auditor General or that person as a result of performing audit powers, duties or functions under this or any other Act of Parliament during an examination or inquiry — in any proceedings other than a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act.
Marginal note:Protection from prosecution
18.2 (1) No criminal or civil proceedings lie against the Auditor General, or against any person acting on behalf or under the direction of the Auditor General, for anything done, reported or said in good faith in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament.
Marginal note:Defamation
(2) For the purposes of any law relating to defamation,
(a) anything said, any information supplied or any document or thing produced in good faith by or on behalf of the Auditor General, in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, is privileged; and
(b) any report made in good faith by the Auditor General in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast, is privileged.
1996, c. 16Department of Public Works and Government Services Act
306. The Department of Public Works and Government Services Act is amended by adding the following after section 22:
PROCUREMENT OMBUDSMAN
Marginal note:Appointment
22.1 (1) The Governor in Council may appoint a Procurement Ombudsman for a term of not more than five years.
Marginal note:Remuneration and expenses
(2) The Procurement Ombudsman shall be paid the remuneration and expenses that may be fixed by the Governor in Council.
Marginal note:General duties and functions
(3) The Procurement Ombudsman shall, in accordance with the regulations,
(a) review the practices of departments for acquiring materiel and services to assess their fairness, openness and transparency and make any appropriate recommendations to the relevant department for the improvement of those practices;
(b) review any complaint respecting the compliance with any regulations made under the Financial Administration Act of the award of a contract for the acquisition of materiel or services by a department to which the Agreement, as defined in section 2 of the Agreement on Internal Trade Implementation Act, would apply if the value of the contract were not less than the amount referred to in article 502 of that Agreement;
(c) review any complaint respecting the administration of a contract for the acquisition of materiel or services by a department; and
(d) ensure that an alternative dispute resolution process is provided, on request of each party to such a contract.
Marginal note:Other duties and functions
(4) The Procurement Ombudsman shall also perform any other duty or function respecting the practices of departments for acquiring materiel and services that may be assigned to the Procurement Ombudsman by order of the Governor in Council or the Minister.
Marginal note:Person who may complain
22.2 (1) A person may only file a complaint referred to in paragraph 22.1(3)(b) or (c) if that person is a Canadian supplier within the meaning of article 518 of the agreement referred to in paragraph 22.1(3)(b) and meets any requirements prescribed by the regulations.
Marginal note:Timing of complaint
(2) The complaint may only be filed after the award of the contract to which the complaint relates.
Marginal note:Findings and recommendations
(3) The Procurement Ombudsman shall, within the period after the complaint is filed that may be established by the regulations, provide the complainant, the relevant minister and the Minister with the Procurement Ombudsman's findings and any recommendations.
Marginal note:Limitation
(4) The Procurement Ombudsman may not recommend the cancellation of the contract to which the complaint relates.
Marginal note:Annual Report
22.3 (1) The Procurement Ombudsman shall, within four months after the end of each fiscal year, deliver a report respecting the activities of the Procurement Ombudsman in that year to the Minister.
Marginal note:Annual report to be laid
(2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
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