  Federal Accountability Act - Text of Bill C-2
R.S., c. P-1
Parliament of Canada Act
99. The Parliament of Canada Act is amended by adding the following after section 41:
Prohibition - accepting benefits from
trusts relating to position
41.1 (1) No member
of the House of Commons may, directly or indirectly, accept any benefit or income from a trust established by reason of
his or her position as a member of the House of Commons.
Anti- avoidance
(2) No member of the House of Commons shall take
any action that has as its purpose the circumvention of the prohibition referred to in subsection (1).
Offence and punishment
(3) Every member of the House of Commons who
contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not less than
$500 and not more than $2,000.
Obligation to disclose trusts
41.2 (1) Every
member of the House of Commons shall disclose to the Conflict of Interest and Ethics Commissioner every trust known to
the member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or
income.
Manner of disclosure
(2) The disclosure must be made in accordance with
the provisions governing the disclosure of private interests in the Conflict of Interest Code for Members of the House
of Commons set out in the Standing Orders of the House of Commons.
Non- application of section 126 of
the Criminal Code
(3) Section 126 of the Criminal Code does not apply in respect of a contravention of subsection (1).
Commissioner's orders
41.3 (1) If a trust
disclosed by a member was established by the member or by a person who is not a relative of the member, the Conflict of
Interest and Ethics Commissioner shall
(a) if he or she
is of the opinion that it is legally possible for the member to terminate the trust, order the member to terminate the
trust and not to use any distribution of the assets on its termination for the purpose of financing a nomination
contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act; or
(b) if he or she
is of the opinion that it is not legally possible for the member to terminate the trust, order the member not to derive
any benefit or income from the trust for the purpose of financing a nomination contest, a leadership contest or an
electoral campaign within the meaning of the Canada Elections
Act.
Commissioner's orders
(2) If a trust disclosed by a member was
established by a relative of the member, the Conflict of Interest and Ethics Commissioner shall order the member not to
derive any benefit or income from the trust, including any distribution of its assets on its termination, for the
purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the
Canada Elections Act.
Exceptions
(3) Subsections (1) and (2) do not apply in respect
of a trust that meets the requirements of subsection 27(4) of the Conflict of
Interest Act or a trust that is governed by a registered retirement savings plan or a registered education
savings plan.
Cessation of order
(4) No order made under this section has effect
after the day on which the member to which the order relates ceases to be a member of the House of Commons and, for the
purposes of this subsection, a person who was a member of the House of Commons immediately before the issue of a writ
for the election of a new member in place of that person is deemed to continue to be a member of that House until the
date of that election.
Compliance measures under
Conflict of Interest Act
(5) If there is any inconsistency between an order
made under this section and compliance measures required to be taken under the Conflict of Interest Act, the order prevails to the extent of the inconsistency.
Offence and punishment
(6) Every member of the House of Commons who
contravenes an order made under this section is guilty of an offence and liable on summary conviction to a fine of not
less than $500 and not more than $2,000.
Meaning of relative
(7) Persons who are related to a member of the
House of Commons by birth, marriage, common-law partnership, adoption or affinity are the member's relatives for the
purpose of this section unless the Conflict of Interest and Ethics Commissioner determines, either generally or in
relation to a particular member, that it is not necessary for the purposes of this section that a person or class of
persons be considered a relative of the member.
Meaning of "common law partnership"
(8) For the purpose of subsection (7), "common law partnership" means the relationship between two persons who are cohabiting in a
conjugal relationship, having so cohabited for a period of at least one year.
Parliament
of Canada Act
Clause
99: New.
2003, c. 22, ss. 12 and 13
Public Service Employment Act
Amendments to Act
100. Paragraph 22(2)(a) of the Public Service Employment Act is
replaced by the following:
(a)
establishing for any person or class of persons a right to be appointed - in priority to all persons other than those
referred to in section 40 and subsections 41(1) and (4) - during the period specified by the
Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred
to in paragraph 30(2)(a);
Public
Service Employment Act
Clause
100: Relevant portion of subsection 22(2):
(2) Without limiting the generality
of subsection (1), the Commission may make regulations
(a) establishing for any person or class of persons a right to be appointed - in priority to
all persons other than those referred to in section 40 and subsections 41(1) to (4) - during the period specified by
the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications
referred to in paragraph 30(2)(a);
101. The Act is amended by adding the
following after section 35.1:
Mobility - ministers' staffs
35.2 A person who has been
employed for at least three years in the office of a minister or of a person holding the recognized position of Leader
of the Opposition in the Senate or Leader of the Opposition in the House of Commons, or in any of those offices
successively,
(a) may, during a
period of one year after they cease to be so employed, participate in an advertised appointment process for which the
organizational criterion established under section 34 entitles all employees to be considered, as long as they meet the
other criteria, if any, established under that section; and
(b) has the right
to make a complaint under section 77.
Clause
101: New.
102. Section 38 of the Act is replaced by
the following:
Exceptions to merit
38. Paragraph
30(2)(b) does not apply in relation to any appointment made under subsection
15(6) (re-appointment on revocation by deputy head), section 40 (priorities - surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation
by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph
22(2)(a).
Clause
102: Existing text of section 38:
38. Paragraph 30(2)(b) does not apply in relation to any appointment made under
subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities - surplus employees), any of
subsections 41(1) to (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86
(re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).
103. (1) Subsections 41(2) and (3) of the
Act are repealed.
Clause
103: (1) Existing text of subsections 41(2) and (3):
(2) Priority for appointment over
all other persons shall be given to a person employed in the office of a minister, or in the office of a person holding
the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons,
for a period of one year after the person ceases to be so employed, if
(a) the person was an employee immediately before becoming employed in that office;
or
(b) while employed in that office the person was found by the Commission, in an advertised
external appointment process, to have met the essential qualifications for an appointment to the public
service.
(3) Priority for appointment, to a
position at a level at least equivalent to that of executive assistant to a deputy head, shall be given over all other
persons to a person who for at least three years has been employed as the executive assistant, special assistant or
private secretary in an office referred to in subsection (2) or in any of those capacities successively, for a period
of one year after they cease to be employed.
(2) Subsections
41(5) and (6) of the Act are replaced by the following:
Essential qualifications
(5) The priority of a person referred to in
subsection (1) or (4) applies with respect to any position if the
Commission is satisfied that the person meets the essential qualifications referred to in
paragraph 30(2)(a).
Order of priorities
(6) Persons described in subsection
(1) shall be appointed in priority to persons described in subsection (4), and persons described in each of
those subsections shall be appointed in the order determined by the Commission.
(2) Existing text of subsections 41(5) and
(6):
(5) The priority of a person
referred to in any of subsections (1) to (4) applies with respect to any position if the Commission is satisfied that
that person meets the essential qualifications referred to in paragraph 30(2)(a).
(6) The order of appointment among
persons described in subsections (1) to (4) shall follow the order of those subsections, and persons described in each
of those subsections shall be appointed in the order determined by the Commission.
104. Subsection 53(2) of the Act is
replaced by the following:
Exceptions to priority rights
(2) A deputy head may deploy a person without
regard to any other person's right to be appointed under subsection 41(1) or (4) or any regulations made pursuant to paragraph 22(2)(a).
Clause
104: Existing text of subsection 53(2):
(2) A deputy head may deploy a
person without regard to any other person's right to be appointed under subsections 41(1) to (4) or any regulations
made pursuant to paragraph 22(2)(a).
105. Section 87 of the Act is replaced by
the following:
Where no right to complain
87. No complaint may be
made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on revocation by deputy
head), section 40 (priorities - surplus employees), subsection 41(1) or (4)
(other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal
order), or under any regulations made pursuant to paragraph 22(2)(a).
Clause
105: Existing text of section 87:
87. No complaint may be made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on
revocation by deputy head), section 40 (priorities - surplus employees), any of subsections 41(1) to (4) (other
priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order),
or under any regulations made pursuant to paragraph 22(2)(a).
106. The Act is amended by adding the
following after section 127:
Deputy
Ministers and Other Senior Officials
Appointment by Governor in
Council
127.1 The Governor in
Council may appoint persons to the following positions and fix their remuneration:
(a) deputy
minister, associate deputy minister and positions of equivalent ranks;
(b) deputy head,
associate deputy head and positions of equivalent ranks; and
(c) special
adviser to a minister or to a deputy.
Clause
106: New.
Transitional
Provision
Employees of ministers'
offices
107. A person referred to in subsection 41(2) or
(3) of the Public Service Employment Act, as it read
on the coming into force of subsection 103(1) of this Act, shall continue to be given priority
for appointment in accordance with subsection 41(2) or (3), as the case may be, for a period of one year following the
day on which the person ceased to be employed if that day is prior to the coming into force of this
section.
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 the those provisions.
Coming into force
(3) Sections 39 and
40, subsections 44(1) and (2) and sections 56 and
58 come into force six months after the day on which this Act receives royal assent.
Coming into force
(4) Sections 63 and
64 come into force on the day on which this Act is assented to, but do not apply in respect of
monetary contributions made before that day.
Order in council
(5) Sections 65 to
98 come into force on a day or days to be fixed by order of the Governor in Council.
Coming into force
(6) Section 99 of
this Act comes into force on the day on which section 81 of the Parliament of Canada
Act, as enacted by section 28 of this Act, comes into
force.
SUPPORTING
PARLIAMENT
R.S., c. A-1
Access to Information Act
109. (1) Subsections 54(1) and (2) of the
Access to Information Act are replaced by the following:
Appointment
54. (1) The
Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the
appointment by resolution of the Senate and House of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(2) Subject to this section, the Information
Commissioner holds office during good behaviour for a term of seven years, but may be removed for
cause by the Governor in Council at any time on address of the Senate and House of Commons.
Access to
Information Act
Clause
109: (1) Existing text of subsections 54(1) and (2):
54. (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after
approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to
this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be
removed by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection
54(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Information Commissioner, or if that office is vacant, the Governor in Council may appoint
any qualified person to hold that office in the
interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in
Council.
(2) Existing text of subsection
54(4):
(4) In the event of the absence or
incapacity of the Information Commissioner, or if the office of Information Commissioner is vacant, the Governor in
Council may appoint another qualified person to hold office instead of the Commissioner for a term not exceeding six
months, and that person shall, while holding that office, have all of the powers, duties and functions of the
Information Commissioner under this or any other Act of Parliament and be paid such salary or other remuneration and
expenses as may be fixed by the Governor in Council.
R.S., c. A-17
Auditor General Act
110. (1) Subsections 3(1) and (2) of the
Auditor General Act are replaced by the following:
Appointment
3. (1) The Governor
in Council shall, by commission under the Great Seal, appoint a qualified auditor as Auditor
General of Canada after consultation with the leader of every recognized party in the Senate and House
of Commons and approval of the appointment by resolution of the Senate and House of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(1.2) The Auditor
General holds office during good behaviour for a term of 10 years but may be removed
for cause by the Governor in Council on address of the Senate and House of Commons.
Ceasing to hold office
(2) Despite subsections (1)
and (1.2), the Auditor General ceases to hold office on reaching 65 years
of age.
Auditor
General Act
Clause
110: (1) Existing text of subsections 3(1) and (2):
3. (1) The Governor in Council shall, by commission under the Great Seal, appoint a qualified auditor to be the officer
called the Auditor General of Canada to hold office during good behaviour for a term of ten years, but the Auditor
General may be removed by the Governor in Council on address of the Senate and House of Commons.
(2)
Notwithstanding subsection (1), the Auditor General ceases to hold office on attaining the age of sixty-five
years.
(2) Subsection
3(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Auditor General or if that office is vacant, the Governor in Council may appoint any qualified auditor to hold that office in the interim for a term not exceeding six months,
and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by
the Governor in Council.
(2) Existing text of subsection
3(4):
(4) In the event of the absence or
incapacity of the Auditor General or if the office of Auditor General is vacant, the Governor in Council may appoint a
person temporarily to perform the duties of Auditor General.
2000, c. 9
Canada Elections Act
111. Section 13 of the Canada Elections Act is amended by adding the following after subsection (1):
Secret ballot
(1.1) A resolution of the House of Commons under
subsection (1) is to be based on a secret ballot of its members conducted in accordance with any standing orders of
that House.
Canada
Elections Act
Clause
111: New.
R.S., c. 31 (4th Supp.)
Official Languages Act
112. (1) Subsections 49(1) and (2) of the
Official Languages Act are replaced by the following:
Appointment
49. (1)
The Governor in Council shall, by commission under the Great Seal, appoint
a Commissioner of Official Languages for Canada after consultation with the leader of every recognized
party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House
of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(2) Subject to this section, the Commissioner holds
office during good behaviour for a term of seven years, but may be removed for cause by the
Governor in Council at any time on address of the Senate and House of Commons.
Official
Languages Act
Clause
112: (1) Existing text of subsections 49(1) and (2):
49. (1) There shall be a Commissioner of Official Languages for Canada who shall be appointed by commission under the
Great Seal after approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to
this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed by the
Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection
49(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Commissioner or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a
term not exceeding six months, and that person shall, while holding office, be paid the salary or
other remuneration and expenses that may be fixed by the Governor in Council.
(2) Existing text of subsection
49(4):
(4) In the event of the absence or
incapacity of the Commissioner, or if the office of Commissioner of Official Languages for Canada is vacant, the
Governor in Council, after consultation by the Prime Minister with the Speaker of the Senate and the Speaker of the
House of Commons, may appoint another qualified person to hold office during the absence or incapacity of the
Commissioner or while the office is vacant for a term not exceeding six months, and that person shall, while holding
office, have all of the powers, duties and functions of the Commissioner under this Act and be paid such salary or
other remuneration and expenses as may be fixed by the Governor in Council.
R.S., c. P-1
Parliament of Canada Act
2004, c. 7, s. 2
113. Section 20.1 of the Parliament of Canada Act is renumbered as subsection 20.1(1) and is amended by adding the
following:
Secret ballot
(2) A resolution of the Senate under subsection (1)
is to be based on a secret ballot of its members conducted in accordance with any rules of the Senate.
Parliament
of Canada Act
Clause
113: New.
2004, c. 7, s. 2
114. Subsection 20.2(2) of the Act is replaced
by the following:
Interim appointment
(2) In the event of the absence or incapacity of
the Senate Ethics Officer, or if that office is vacant, the Governor in Council may appoint any
qualified person to hold that office in the interim for a term not exceeding six months,
and that person shall, while holding office, be paid the salary or other remuneration and expenses that
may be fixed by the Governor in Council.
Clause
114: Existing text of subsection 20.2(2):
(2) In the event of the absence or
incapacity of the Senate Ethics Officer, or if that office is vacant, the Governor in Council may appoint a qualified
person to hold that office in the interim for a term of up to six months.
2004, c. 7, s. 4
115. Section 72.01 of the Act is renumbered as
subsection 72.01(1) and is amended by adding the following:
Secret ballot
(2) A resolution of the House of Commons under
subsection (1) is to be based on a secret ballot of its members conducted in accordance with any standing orders of
that House.
Clause
115: New.
2004, c. 7, s. 4
116. Subsection 72.02(2) of the Act is replaced
by the following:
Interim appointment
(2) In the event of the absence or incapacity of
the Ethics Commissioner, or if that office is vacant, the Governor in Council may appoint any
qualified person to hold that office in the interim for a term not exceeding six months,
and that person shall, while holding office, be paid the salary or other remuneration and expenses that
may be fixed by the Governor in Council.
Clause
116: Existing text of subsection 72.02(2):
(2) In the event of the absence or
incapacity of the Ethics Commissioner, or if that office is vacant, the Governor in Council may appoint a qualified
person to hold that office in the interim for a term of up to six months.
117. Subsection 75(4) of the Act is
replaced by the following:
Other officers and employees
(4) The officers, other than
the Parliamentary Librarian, the Associate Parliamentary Librarian and the Parliamentary Budget
Officer, and the clerks and servants who are authorized by law and
required for the service of the Library may be appointed in the manner prescribed by law to hold office during
pleasure.
Clause
117: Existing text of subsection 75(4):
(4) Such officers, other than the
Parliamentary Librarian and the Associate Parliamentary Librarian, and such clerks and servants as are authorized by
law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during
pleasure.
118. Section 78 of the Act is replaced by
the following:
Duties of Librarians and staff
78. The Parliamentary
Librarian, the Associate Parliamentary Librarian, the Parliamentary Budget Officer and the other
officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as
defined, subject to this Act, by regulations agreed on by the Speakers of the two Houses of
Parliament and concurred in by the joint committee referred to in section 74.
Clause
118: Existing text of section 78:
78. The Parliamentary Librarian, the Associate Parliamentary Librarian and the other officers, clerks and servants of
the Library are responsible for the faithful discharge of their official duties, as defined by regulations agreed on by
the Speakers of the two Houses of Parliament and concurred in by the joint committee referred to in section
74.
119. The Act is amended by adding the
following after section 79:
Parliamentary Budget Officer
79.1 (1) There is
hereby established the position of Parliamentary Budget Officer, the holder of which is an officer of the Library of
Parliament.
Appointment and term of office
(2) The Governor in Council shall, by commission
under the Great Seal, appoint the Parliamentary Budget Officer to hold office during pleasure for a renewable term of
not more than three years.
Selection
(3) The Governor in Council may select the
Parliamentary Budget Officer from a list of three names submitted in confidence, through the Leader of the Government
in the House of Commons, by a committee formed and chaired by the Parliamentary Librarian.
Remuneration and expenses
(4) The Parliamentary Budget Officer shall be paid
the remuneration and expenses set by the Governor in Council.
Mandate
79.2 The mandate of the
Parliamentary Budget Officer is to
(a) provide
objective analysis to the Senate and to the House of Commons about the state of the nation's finances and trends in the
national economy;
(b) when requested
to do so by any of the following committees, undertake research for that committee into the nation's finances and
economy:
(i) the Standing Committee on National Finance of
the Senate or, in the event that there is not a Standing Committee on National Finance, the appropriate committee of
the Senate,
(ii) the Standing Committee on Finance of the House
of Commons or, in the event that there is not a Standing Committee on Finance, the appropriate committee of the House
of Commons, or
(iii) the Standing Committee on Public Accounts of
the House of Commons or, in the event that there is not a Standing Committee on Public Accounts, the appropriate
committee of the House of Commons;
(c) when requested
to do so by a member of either House, estimate the financial cost of proposals contained in any Bill introduced by a
member of either House other than as a minister of the Crown; and
(d) when requested
to do so by a member of either House or by a committee of the Senate or of the House of Commons, or a committee of both
Houses, estimate the financial cost of any proposal that relates to a matter over which Parliament has
jurisdiction.
Access to financial and economic
data
79.3 (1) Except as
provided by any other Act of Parliament that expressly refers to this subsection, the Parliamentary Budget Officer is
entitled, by request made to the deputy head of a department within the meaning of any of paragraphs (a), (a.1) and (d) of the definition "department" in section 2 of the
Financial Administration Act, or to any other person designated by that deputy
head for the purpose of this section, to access at all convenient times to any financial or economic data in the
possession of the department that are required for the performance of his or her mandate.
Exception
(2) Subsection (1) does not apply in respect of any
financial or economic data
(a) that are
information the disclosure of which is restricted under section 19 of the Access to
Information Act or any provision set out in Schedule II to that Act; or
(b) that are
contained in a confidence of the Queen's Privy Council for Canada described in subsection 69(1) of that Act, unless the
data are also contained in any other record, within the meaning of section 3 of that Act, and are not information
referred to in paragraph (a).
Confidentiality
79.4 The Parliamentary
Budget Officer, and every person acting on behalf or under the direction of the Parliamentary Budget Officer, shall not
disclose any financial or economic data that come to their knowledge under section 79.3, unless the disclosure is
essential for the performance of his or her mandate and the financial or economic data to which the disclosure relates
are not information described in subsection 13(1), section 14 or any of paragraphs 18(a) to (d) or 20(1)(b) to (d) of the Access to Information Act.
Powers to contract
79.5 (1) Subject to
subsection 74(2) the Parliamentary Budget Officer may, in the performance of his or her mandate, enter into contracts,
memoranda of understanding or other arrangements in the name of his or her position.
Technical assistance
(2) The Parliamentary Budget Officer may engage on
a temporary basis the services of persons having technical or specialized knowledge necessary for the performance of
his or her mandate.
Designation
(3) The Parliamentary Budget Officer may, from
among persons employed in the Library of Parliament to assist him or her, designate any person to exercise any of the
powers under subsection (1) or (2) that the Parliamentary Budget Officer specifies, subject to the conditions that the
Parliamentary Budget Officer sets.
Clause
119: New.
R.S., c. P-21
Privacy Act
120. (1) Subsections 53(1) and (2) of the
Privacy Act are replaced by the following:
Appointment
53. (1) The
Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the
appointment by resolution of the Senate and House of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(2) Subject to this section, the Privacy
Commissioner holds office during good behaviour for a term of seven years, but may be removed for
cause by the Governor in Council at any time on address of the Senate and House of Commons.
Privacy
Act
Clause
120: (1) Existing text of subsections 53(1) and (2):
53. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after approval
of the appointment by resolution of the Senate and House of Commons.
(2) Subject to
this section, the Privacy Commissioner holds office during good behaviour for a term of seven years, but may be removed
by the Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection
53(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Privacy Commissioner, or if that office is vacant, the Governor in Council may appoint
any qualified person to hold that office in the
interim for a term not exceeding six months, and that person shall, while holding office,
be paid the salary or other remuneration and expenses that may be fixed by
the Governor in Council.
(2) Existing text of subsection
53(4):
(4) In the event of the absence or
incapacity of the Privacy Commissioner, or if the office of Privacy Commissioner is vacant, the Governor in Council may
appoint another qualified person to hold office instead of the Commissioner for a term not exceeding six months, and
that person shall, while holding that office, have all of the powers, duties and functions of the Privacy Commissioner
under this Act or any other Act of Parliament and be paid such salary or other remuneration and expenses as may be
fixed by the Governor in Council.
2005, c. 46
Public Servants Disclosure Protection Act
121. (1) Subsections 39(1) and (2) of the
Public Servants Disclosure Protection Act are replaced by the
following:
Appointment
39. (1) The
Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after
consultation with the leader of every recognized party in the Senate and House of Commons and
approval of the appointment by resolution of the Senate and House of Commons.
Secret ballot
(1.1) A resolution of the Senate or House of
Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or
standing order of that House.
Tenure
(2) Subject to this section, the Commissioner holds
office during good behaviour for a term of seven years, but may be removed for cause by the
Governor in Council at any time on address of the Senate and House of Commons.
Public
Servants Disclosure Protection Act
Clause
121: (1) Existing text of subsections 39(1) and (2):
39. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity
Commissioner after approval of the appointment by resolution of the Senate and House of Commons.
(2) Subject to
this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed by the
Governor in Council at any time on address of the Senate and House of Commons.
(2) Subsection
39(4) of the Act is replaced by the following:
Interim appointment
(4) In the event of the absence or incapacity of
the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a
term not exceeding six months, and that person shall, while holding office, be paid the salary or
other remuneration and expenses that may be fixed by the Governor in Council.
(2) Existing text of subsection
39(4):
(4) In the event of the absence or
incapacity of the Commissioner, or if the office of Commissioner is vacant, the Governor in Council may appoint another
qualified person to hold office instead of the Commissioner for a term of not more than six months, and that person
shall, while holding that office, have all of the powers, duties and functions of the Commissioner under this or any
other Act of Parliament and be paid the salary or other remuneration and expenses that may be fixed by the Governor in
Council.
Transitional Provision
Transitional - continuation in
office
122. A person who holds office under one of the
following provisions immediately before the day on which this section comes into force continues in office and is
deemed to have been appointed under that provision, as amended by sections 109 to 113,
115, 120 and 121, to hold office for the remainder of
the term for which he or she had been appointed:
(a) the
Information Commissioner under section 54 of the Access to
Information Act;
(b) the
Auditor General of Canada under section 3 of the Auditor
General Act;
(c) the
Chief Electoral Officer under section 13 of the Canada
Elections Act;
(d) the
Commissioner of Official Languages for Canada under section 49 of the Official
Languages Act;
(e) the
Senate Ethics Officer under section 20.1 of the Parliament of Canada
Act;
(f) the
Ethics Commissioner under section 72.01 of the Parliament of Canada
Act;
(g) the
Privacy Commissioner under section 53 of the Privacy Act; and
(h) the
Public Sector Integrity Commissioner under section 39 of the Public Servants
Disclosure Protection Act.
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