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Federal Accountability Act - Text of Bill C-2
SUMMARY
Part 1 enacts the
Conflict of Interest Act and makes consequential amendments in
furtherance of that Act. That Act sets out substantive prohibitions governing public office holders. Compliance with
the Act is a deemed term and condition of a public office holder's appointment or employment. The Act also sets out a
detailed regime of compliance measures to ensure conformity with the substantive prohibitions, certain of which apply
to all public office holders and others of which apply to reporting public office holders. The Act also provides for a
regime of detailed post-employment rules. Finally, the Act establishes a complaints regime, sets out the powers of
investigation of the Commissioner and provides for public reporting as well as a regime of administrative monetary
penalties.
Amongst other matters, the
consequential amendments to the Parliament of Canada Act provide for the appointment and office of the Conflict of Interest and Ethics Commissioner along with his or her
tenure, expenses, duties and other administrative matters.
Part 1 also amends the
Canada Elections Act to
(a) reduce
to $1,000 the amount that an individual may contribute annually to a registered party, and create a distinct $1,000
annual limit on contributions to the registered associations, the nomination contestants and the candidates of a
registered party;
(b) reduce
to $1,000 the amount that an individual may contribute to an independent candidate or to a leadership
contestant;
(c) reduce
to $1,000 the amount that a nomination contestant, a candidate or a leadership contestant may contribute to his or her
own campaign in addition to the $1,000 limit on individual contributions;
(d) totally
ban contributions by corporations, trade unions and associations by repealing the exception that allows them to make an
annual contribution of $1,000 to the registered associations, the candidates and the nomination contestants of a
registered party and a contribution of $1,000 to an independent candidate during an election period;
(e) ban cash
donations of more than $20, and reduce to $20 the amount that may be contributed before a receipt must be issued or, in
the case of anonymous contributions following a general solicitation at a meeting, before certain record-keeping
requirements must be met; and
(f) increase
to 5 years after the day on which the Commissioner of Canada Elections became aware of the facts giving rise to a
prosecution, and to 10 years following the commission of an offence, the period within which a prosecution may be
instituted.
Other amendments to the
Canada Elections Act prohibit candidates from accepting gifts
that could reasonably be seen to have been given to influence the candidate in the performance of his or her duties and
functions as a member, if elected. The wilful contravention of this prohibition is considered to be a corrupt practice.
A new disclosure requirement is introduced to require candidates to report to the Chief Electoral Officer any gifts
received with a total value exceeding $500. Exceptions are provided for gifts received from relatives, as well as gifts
of courtesy or of protocol. The amendments also prohibit registered parties and registered associations from
transferring money to candidates directly from a trust fund.
The amendments to the
Lobbyists Registration Act rename the Act and provide for the
appointment by the Governor in Council of a Commissioner of Lobbying after approval by resolution of both Houses of
Parliament. They broaden the scope for investigations by the Commissioner, extend to 10 years the period in respect of
which contraventions may be investigated and prosecuted, and increase the penalties for an offence under the Act. In
addition, they empower the Commissioner to prohibit someone who has committed an offence from lobbying for a period of
up to two years, prohibit the acceptance and payment of contingency fees and prohibit certain public office holders
from lobbying for a period of five years after leaving office. They require lobbyists to report their lobbying
activities involving certain public office holders and permit the Commissioner to request those office holders to
confirm or correct the information reported by lobbyists.
Amendments to the
Parliament of Canada Act prohibit members of the House of
Commons from accepting benefits or income from certain trusts and require them to disclose all trusts to the Conflict
of Interest and Ethics Commissioner. The amendments also authorize the Conflict of Interest and Ethics Commissioner to
issue orders requiring members to terminate most trusts and prohibiting them from using the proceeds from their
termination for political purposes. In cases where the trusts are not required to be terminated, the amendments
authorize the Conflict of Interest and Ethics Commissioner to make orders prohibiting members from using the trusts for
political purposes. An offence is created for members who do not comply with such orders.
Finally, Part 1 amends the
Public Service Employment Act to remove the right of employees
in ministers' offices to be appointed without competition to positions in the public service for which the Public
Service Commission considers them qualified.
Part 2 harmonizes the appointment
and removal provisions relating to certain officers. It also requires a parliamentary resolution approving such
appointments to be based on a secret ballot of the members of the relevant House.
Amendments to the
Parliament of Canada Act establish within the Library of
Parliament a position to be known as the Parliamentary Budget Officer whose mandate is to 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, to
undertake research into the nation's finances and economy when requested to do so by certain Parliamentary committees,
and to provide estimates of the costs of proposals contained in Bills introduced by members of Parliament other than in
their capacity as ministers of the Crown. The amendments also provide the Parliamentary Budget Officer with a right of
access to data that are necessary for the performance of his or her mandate.
Part 3 enacts the
Director of Public Prosecutions Act which provides for the
appointment of the Director of Public Prosecutions and one or more Deputy Directors. That Act gives the Director the
authority to initiate and conduct criminal prosecutions on behalf of the Crown that are under the jurisdiction of the
Attorney General of Canada. That Act also provides that the DPP has the power to make binding and final decisions as to
whether to prosecute, unless the Attorney General of Canada directs otherwise, and that such directives must be in
writing and published in the Canada Gazette. The
Director holds office for a non-renewable term of seven years during good behaviour and is the Deputy Attorney General
of Canada for the purposes of carrying out the work of the office. The Director is given responsibility, in place of
the Commissioner of Canada Elections, for prosecutions of offences under the Canada Elections Act.
Part 3 also amends the
Access to Information Act to add five officers, seven Crown
corporations and three foundations to Schedule I, to adjust some of the exemption provisions accordingly and to include
new exemptions or exclusions relating to the added officers and Crown corporations. It adds any of those officers,
Crown corporations and foundations that are not already included in the schedule to the Privacy Act to that schedule and makes other consequential amendments to
the Privacy Act. It amends the Export Development Act to include a provision for the confidentiality of
information. It revises certain procedures relating to the processing of requests and handling of complaints and allows
for increases to the number of investigators the Information Commissioner may designate to examine records related to
defence and national security.
Amendments to the
Library and Archives of Canada Act provide for an obligation
to send final reports on government public opinion research to the Library and Archives of Canada.
Finally, Part 3 amends the
Public Servants Disclosure Protection Act to
(a)
establish the Public Servants Disclosure Protection Tribunal and empower it to make remedial orders in favour of
victims of reprisal and to order disciplinary action against the person or persons who took the reprisal;
(b) provide
for the protection of all Canadians, not just public servants, who report government wrongdoings to the Public Sector
Integrity Commissioner;
(c) remove
the Governor in Council's ability to delete the name of Crown corporations and other public bodies from the schedule to
the Act;
(d) require
the prompt public reporting by chief executives and the Public Sector Integrity Commissioner of cases of
wrongdoing;
(e) permit
the Public Sector Integrity Commissioner to provide access to legal advice relating to the Act; and
(f)
authorize the Public Sector Integrity Commissioner to make awards to persons who have shown courage in defending the
public interest by reporting wrongdoings.
Part 4 amends the
Financial Administration Act to create a new schedule that
identifies and designates certain officials as accounting officers and, within the framework of their appropriate
minister's responsibilities and accountability to Parliament, sets out the matters for which they are accountable
before the appropriate committee of Parliament. A regime for the resolution of issues related to the interpretation or
application of a policy, directive or standard issued by the Treasury Board is established along with a requirement
that the Treasury Board provide a copy of its decision to the Auditor General of Canada.
Part 4 also amends the
Financial Administration Act and the Criminal Code to create indictable offences for fraud with respect to
public money or money of a Crown corporation, and makes persons convicted of those offences ineligible to be employed
by the Crown or the corporation or to otherwise contract with the Crown.
Other amendments to the
Financial Administration Act clarify the authority of the
Treasury Board to act on behalf of the Queen's Privy Council for Canada on matters related to internal audit in the
federal public administration. They also set out the deputy head's responsibility for ensuring that there is an
internal audit capacity appropriate to the needs of the department and requires them, subject to directives of the
Treasury Board, to establish an audit committee. The Financial Administration
Act, the Farm Credit Canada Act and Public Sector Pension Investment Board Act are
amended to require Crown corporations to establish audit committees composed of members who are not officers or
employees of the corporation. Other amendments to the Financial
Administration Act require, subject to directions of the Treasury Board, that all grant and
contribution programs be reviewed at least every five years to ensure their relevance and effectiveness.
Amendments made to the
Financial Administration Act and to the constituent
legislation of a number of Crown corporations provide for appointments of directors for up to four years from a current
maximum of three years.
Part 4 also amends the
Canadian Dairy Commission Act, the Enterprise Cape Breton Corporation Act and the National Capital Act to require different individuals to perform the
duties of chair of the Board of Directors and chief executive officer of the corporation.
Part 5 amends the
Auditor General Act by expanding the class of recipients of
grants, contributions and loans into which the Auditor General of Canada may inquire as to the use of funds, whether
received from Her Majesty in right of Canada or a Crown corporation. Other amendments provide certain immunities to the
Auditor General.
Amendments to the
Department of Public Works and Government Services Act provide
for the appointment and mandate of a Procurement Auditor.
Part 5 also amends the
Financial Administration Act to provide for a government
commitment to fairness, openness and transparency in government contract bidding, and a regulation-making power to deem
certain clauses to be set out in government contracts in relation to prohibiting the payment of contingency fees and
respecting corruption and collusion in the bidding process for procurement contracts, declarations by bidders in
respect of specific criminal offences, and the provision of information to the Auditor General of Canada by recipients
under funding agreements.
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