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. F-11Financial Administration Act
Amendments to Act
260. The Act is amended by adding the following before the heading “PART IV” before section 43:
Marginal note:Five-year reviews
42.1 (1) Subject to and except as otherwise provided in any directives issued by the Treasury Board, every department shall conduct a review every five years of the relevance and effectiveness of each ongoing program for which it is responsible.
Definition of “program”
(2) In this section, “program” means a program of grants or contributions made to one or more recipients that are administered so as to achieve a common objective and for which spending authority is provided in an appropriation Act.
261. Section 80 of the Act is renumbered as subsection 80(1) and is amended by adding the following:
Marginal note:Fraud against Her Majesty
(2) Every officer or person acting in any office or employment connected with the collection, management or disbursement of public money who, by deceit, falsehood or other fraudulent means, defrauds Her Majesty 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: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”.
Marginal note:Commissioner of Lobbying
272. 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 adding the following in alphabetical order in column I:
Office of the Commissioner of Lobbying
Commissariat au lobbying
and a corresponding reference in column II to the “Commissioner of Lobbying”.
Marginal note:Director of Public Prosecutions
273. On the later of the day on which section 121 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 II of Schedule VI to the Financial Administration Act is amended by adding the following in alphabetical order in column I:
Office of the Director of Public Prosecutions
Bureau du directeur des poursuites pénales
and a corresponding reference in column II to the “Director of Public Prosecutions”.
Marginal note:2005, c. 46
274. On the later of the day on which subsection 39(1) of the Public Servants Disclosure Protection 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 adding the following in alphabetical order in column I:
Office of the Public Sector Integrity Commissioner
Commissariat à l’intégrité du secteur public
and a corresponding reference in column II to the “Public Sector Integrity Commissioner”.
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