  Federal Accountability Act - Text of Bill C-2
288. Section 6 of the Act is replaced by
the following:
Absence or incapacity
6. In the event of the
absence or incapacity of the Chairperson or the Chief Executive Officer or of a vacancy in either office, the Board
shall authorize another member to act as such, but no person may act as such for a period exceeding sixty days without
the approval of the Governor in Council.
Clause
288: Existing text of section 6:
6. (1) The Chairperson is the chief executive officer of the Commission.
(2) If the
Chairperson is absent or unable to act or the office is vacant, the Vice-Chairperson has all the powers and may perform
all the functions of the Chairperson.
(3) The
Commission may authorize one of its members to act as Chairperson for the time being in the event that the Chairperson
and Vice-Chairperson are absent or unable to act or the offices of the Chairperson and Vice-Chairperson are
vacant.
1995, c. 29, s. 55(E)
289. Subsections 7(1) and (2) of the Act are
replaced by the following:
Salary of Chief Executive
Officer
7. (1) The
Chief Executive Officer shall be paid a salary to be fixed by the Governor in Council.
Remuneration of other members
(2) The Governor in Council may authorize the
payment of allowances or other remuneration to the Chairperson and to any other member having
special duties.
Clause
289: Existing text of subsections 7(1) and (2):
7. (1) The Chairperson shall be paid a salary to be fixed by the Governor in Council.
(2) The Governor
in Council may authorize the payment of allowances or other remuneration to the Vice-Chairperson and to any other
member having special duties.
1995, c. 29, s. 55(E)
290. Subsection 9(1) of the Act is replaced by
the following:
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.
Clause
290: Existing text of subsection 9(1):
9. (1) There shall be an Executive Committee of the Commission consisting of the Chairperson, the Vice-Chairperson and
three other members to be appointed by the Commission, at least one of whom shall be from the Province of
Quebec.
1995, c. 29, s. 55(E)
291. Section 22 of the Act is replaced by the
following:
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.
Clause
291: Existing text of section 22:
22. In a prosecution for the contravention of any regulation made under subsection 20(1), a certificate stating that any
property described therein is under the control of the Commission and purporting to be certified by the Commission or
the Chairperson, 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 thereof, and is proof, in the absence of evidence to the contrary, that the property is under the control of the
Commission.
R.S., c. P-14
Pilotage Act
292. (1) Subsection 3(3) of the
Pilotage Act is replaced by the following:
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.
Pilotage
Act
Clause
292: (1) and (2) Existing text of subsections 3(3) and (3.1):
(3) Each member, other than the
Chairman, of an Authority shall be appointed by the Minister, with the approval of the Governor in Council, to hold
office during pleasure for such term, not exceeding three years, as 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 of the Authority.
(3.1) The Chairman and the
Vice-Chairman may be appointed to serve full-time or part-time.
1998, c. 10, s. 145(2)
(2) Subsection 3(3.1) of the English
version of the Act is replaced by the following:
Full- or part-time
(3.1) The Chairperson and the
Vice-Chairperson may be appointed to serve full-time or part-time.
293. Section 10 of the English version of
the Act is replaced by the following:
Vice-Chairperson
10. The Governor in
Council may appoint one of the members, other than the Chairperson, of an Authority to be
Vice-Chairperson.
Clause
293: Existing text of section 10:
10. The Governor in Council may appoint one of the members, other than the Chairman, of an Authority to be Vice-Chairman
thereof.
294. Subsection 13(2) of the English
version of the Act is replaced by the following:
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.
Clause
294: Existing text of subsection 13(2):
(2) In the event of the absence or
incapacity of the Chairman of an Authority, or if the office of Chairman is vacant, the Vice-Chairman, if any, of the
Authority shall act as Chairman.
295. Subsections 14(1) and (2) of the
English version of the Act are replaced by the following:
Remuneration
14. (1) The
Chairperson and Vice-Chairperson of an Authority shall be paid remuneration
to be fixed by the Governor in Council.
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.
Clause
295: Existing text of subsections 14(1) and (2):
14. (1) The Chairman and Vice-Chairman of an Authority shall be paid such remuneration as may be fixed by the Governor
in Council.
(2) A member,
other than the Chairman or Vice-Chairman, of an Authority shall be paid such daily allowance as may be fixed by the
Governor in Council for each day that the member is engaged on the business of the Authority.
Replacement of references
296. 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. 34
Public Sector Pension Investment Board Act
2005, c. 30, s. 47
297. Subsection 3(6) of the Public Sector Pension Investment Board Act is replaced by the following:
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.
Public
Sector Pension Investment Board Act
Clause
297: Existing text of subsection 3(6):
(6) Part X of the
Financial Administration Act, except
for sections 132 to 147, 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.
298. Subsection 9(1) of the Act is
replaced by the following:
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.
Clause
298: Existing text of subsection 9(1):
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 the term, not exceeding three 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.
299. Section 27 of the Act is amended by
adding the following after subsection (1):
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.
Clause
299: New.
R.S., c. R-9
Royal Canadian Mint Act
R.S., c. 35 (3rd Supp.), s. 9
300. Section 11 of the Royal Canadian Mint Act is replaced by the following:
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.
Royal
Canadian Mint Act
Clause
300: Existing text of section 11:
11. Each director, other than the Chairman 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 such term not exceeding three years as 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-16
Standards Council of Canada Act
301. Subsection 6(1) of the Standards Council of Canada Act is replaced by the following:
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.
Standards
Council of Canada Act
Clause
301: Existing text of subsection 6(1):
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 such term not exceeding three years
as 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.
R.S., c. C-16; 2002, c. 17, s.
6
Telefilm Canada Act
302. Subsection 4(1) of the Telefilm Canada Act is replaced by the following:
Appointment and tenure of
office
4. (1) Each of the
members of the Corporation other than the Government Film Commissioner shall be appointed to hold office for a term of
four years.
Telefilm
Canada Act
Clause
302: Existing text of subsection 4(1):
4. (1) Each of the members of the Corporation, other than the Government Film Commissioner, shall be appointed to hold
office for a term of five years, except that, of those members first appointed, three shall be appointed for a term of
three years and three shall be appointed for a term of five years.
Coming into Force
Order in council
303. (1) Subject to subsection (2), sections
241 to 244, 246, 248 to
255 and 263, subsections 264(1) and (3) and sections
265 to 268, 271, 285 to
291 and 297 come into force on a day or days to be fixed by order of the
Governor in Council.
Order in council
(2) Subsection 264(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.
PROCUREMENT AND
CONTRACTING
R.S., c. A-17
Auditor General Act
2005, c. 30, s. 32
304. (1) The definitions "not-for-profit corporation" and "recipient corporation" in section 2 of the
Auditor General Act are repealed.
Auditor
General Act
Clause
304: (1) and (2) Existing text of the definitions:
"funding
agreement", in respect of a corporation, means an agreement in writing under which
the corporation receives funding from Her Majesty in right of Canada, either directly or through an agent or mandatary
of Her Majesty, including by way of a loan, but does not include a construction contract, a goods contract or a service
contract;
"not-for-profit
corporation" means a corporation no part of whose income is payable to or otherwise
available for the personal benefit of any of its members or shareholders;
"recipient corporation"
means any not-for-profit corporation, or any corporation without share capital, that has, in
any five consecutive fiscal years, received a total of $100,000,000 or more under one or more funding agreements, but
does not include any such corporation that is
(a) a Crown corporation,
(b) a departmental corporation as defined in section 2 of the Financial Administration Act,
(c) a municipality,
(d) a cooperative, other than a non-profit cooperative,
(e) a corporation that receives, on an ongoing basis, at least half of its funding from a
municipality or the government of a province or of a foreign state, or from any agency of a municipality or any such
government,
(f) a corporation that is controlled by a municipality or a government other than the
Government of Canada, or
(g) an international organization;
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(5) 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(5) of the Financial Administration
Act;
(3) New.
2005, c. 30, s. 33
305. (1) The portion of subsection 2.1(1) of the
Act before paragraph (a) is replaced by the following:
Control
2.1 (1) For the
purpose of paragraph (d) of the
definition "recipient" in subsection 42(5) of the Financial Administration Act, a municipality or government controls a corporation with
share capital if
Clause
305: (1) Relevant portion of subsection 2.1(1):
2.1 (1) For the purpose of paragraph (f) of the definition "recipient corporation" in section 2, a municipality or government
controls a corporation with share capital if
2005, c. 30, s. 33
(2) Subsection 2.1(2) of the Act is
replaced by the following:
Control
(2) For the purpose of paragraph (d) of the definition "recipient" in subsection 42(5) 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.
(2) Existing text of subsection
2.1(2):
(2) For the purpose of paragraph
(f) of the definition "recipient
corporation" in section 2, 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.
306. The heading before section 5 of the
Act is replaced by the following:
POWERS AND DUTIES
Clause
306: Existing text of the heading:
DUTIES
2005, c. 30, s. 34
307. Subsection 7.1(1) of the Act is replaced by
the following:
Inquiry and report
7.1 (1) The Auditor
General may, with respect to any recipient, inquire into its use of funds received from Her Majesty in right of Canada
and 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.
Clause
307: Existing text of subsection 7.1(1):
7.1 (1) The Auditor General may, with respect to any recipient corporation, inquire into its use of funds received from
Her Majesty in right of Canada and inquire into whether
(a) the corporation has failed to fulfil its obligations under any funding
agreement;
(b) money the corporation has received under any funding agreement has been used without due
regard to economy and efficiency;
(c) the corporation 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 corporation 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 corporation 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.
308. The Act is amended by adding the
following after section 18:
IMMUNITIES
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.
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 Act.
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 Act, 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 Act, 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.
Clause
308: New.
1996, c. 16
Department of Public Works and Government Services Act
309. The Department of Public Works and Government Services Act is amended by adding the following
after section 22:
PROCUREMENT AUDITOR
Appointment
22.1 (1) The
Governor in Council may appoint a Procurement Auditor for a term of not more than five years.
Remuneration and expenses
(2) The Procurement Auditor shall be paid the
remuneration and expenses that may be fixed by the Governor in Council.
General duties and functions
(3) The Procurement Auditor 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.
Other duties and functions
(4) The Procurement Auditor 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 Auditor by order of the Governor in Council or the Minister.
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.
Timing of complaint
(2) The complaint may only be filed after the award
of the contract to which the complaint relates.
Findings and recommendations
(3) The Procurement Auditor 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 Auditor's findings and any recommendations.
Limitation
(4) The Procurement Auditor may not recommend the
cancellation of the contract to which the complaint relates.
Annual Report
22.3 (1) The
Procurement Auditor shall, within four months after the end of each fiscal year, deliver a report respecting the
activities of the Procurement Auditor in that year to the Minister.
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.
Department
of Public Works and Government Services Act
Clause
309: New.
310. The Act is amended by adding the
following after section 23:
Regulations
23.1 The Governor in
Council may make regulations respecting
(a) the performing
of the duties and functions of the Procurement Auditor referred to in subsection 22.1(3), including the departments in
respect of which those duties and functions shall not be performed;
(b) the filing of
complaints referred to in paragraphs 22.1(3)(b) and (c), including any conditions that must be met before a complaint may be filed and the
manner in which it must be filed; and
(c) the types of
recommendations that the Procurement Auditor may make in response to the complaints and the time within which they must
be made.
Clause
310: New.
R.S., c. F-11
Financial Administration Act
Amendments to Act
311. The Financial Administration Act is amended by adding the following after section
39:
PART III.1
CONTRACTS
Financial
Administration Act
Clause
311: New.
1991, c. 24, s. 50 (Sch. II, item
10)(F)
312. (1) Section 40 of the French version of the
Act is replaced by the following:
Clause automatique des
contrats
40. Tout contrat prévoyant des paiements à effectuer par Sa Majesté est censé comporter une clause qui les subordonne
à l'existence d'un crédit particulier ouvert pour l'exercice au cours duquel des engagements découlant du contrat sont susceptibles d'arriver à échéance.
Clause
312: Existing text of section 40:
40. The registered parties that have the right to provide the returning officer with lists of names of suitable persons
to be appointed as election officers for the purposes of a by-election under subsection 29(1.1) of the
Parliament of Canada Act because of an
equality of votes are the same registered parties as those who had that right for the purposes of the election that
resulted in the equality of votes.
1991, c. 24, s. 50 (Sch. II, item
10)(F)
(2) Section 40 of the Act is renumbered
as subsection 40(1) and is amended by adding the following:
Public opinion research
(2) It is a term of every contract for public
opinion research entered into by any person with Her Majesty that a written report will be provided by that
person.
(2) New.
313. The Act is amended by adding the
following after section 40:
Commitment
40.1 The Government of
Canada is committed to taking appropriate measures to promote fairness, openness and transparency in the bidding
process for contracts with Her Majesty for the performance of work, the supply of goods or the rendering of
services.
Clause
313: New.
1991, c. 24, s. 50 (Sch. II, item
11)(F)
314. Subsection 41(1) of the French version of
the Act is replaced by the following:
Règlements sur les contrats
41. (1) Le
gouverneur en conseil peut, par règlement, régir les conditions de passation des contrats. Il
peut en outre, par dérogation aux autres lois fédérales :
a)
ordonner l'interdiction ou l'invalidation des contrats prévoyant un paiement qui dépasse un
plafond fixé par lui sans que lui-même ou le Conseil du Trésor ait approuvé leur passation;
b)
prendre par règlement des mesures touchant les cautionnements à fournir à Sa Majesté et au nom de celle-ci en garantie
de la bonne exécution des contrats.
Clause
314: Existing text of subsection 41(1):
41. (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the
previous general election to the polling divisions that are in the new electoral district in order to determine which
registered parties' candidates have the right to provide the returning officer with lists of persons to be appointed as
election officers.
315. The Act is amended by adding the
following after section 41:
Regulations - deemed terms of
contracts
42. (1) The
Governor in Council may make regulations fixing terms that are deemed to be expressly set out in contracts, or classes
of contracts, that provide for the payment of any money by Her Majesty - or in documents, or classes of documents,
relating to such contracts and their formation - including terms
(a) prohibiting
payment of a contingency fee by any party to the contract to a person to whom the Lobbyists Registration Act applies;
(b) respecting
corruption and collusion in the bidding process for contracts for the performance of work, the supply of goods or the
rendering of services;
(c) requiring that
a bidder on a contract for the performance of work, the supply of goods or the rendering of services make a declaration
that the bidder has not committed an offence under section 121, 124 or 418 of the Criminal Code; and
(d) respecting the
provision of information or records to enable the Auditor General of Canada to inquire into the use of funds provided
under funding agreements.
Powers of Auditor General
(2) Regulations made under subsection (1) may not
infringe on the powers of the Auditor General under section 7.1 of the Auditor
General Act.
Regulations - public opinion
research
(3) The Governor in Council may, in respect of
contracts for public opinion research, make regulations
(a) prescribing
the form and content of the term of the contract and of the written report referred to in subsection 40(2);
and
(b) requiring the
report to be made available to the public in the manner, and subject to the conditions, specified in the
regulations.
Definitions
(4) The following definitions apply in this
section.
"funding agreement"
« accord de financement »
"funding
agreement", in respect of a recipient, means an agreement in writing under which the recipient
receives funding from Her Majesty in right of Canada or a Crown corporation, either directly or through an agent or
mandatary of Her Majesty, including by way of loan, but excludes contracts for the performance of work, the supply of
goods or the rendering of services.
"recipient"
« bénéficiaire »
"recipient"
means an individual, body corporate, partnership or unincorporated organization that has, in any five
consecutive fiscal years, received a total of one million dollars or more under one or more funding agreements, but
does not include
(a) a Crown
corporation;
(b) a departmental
corporation;
(c) the government
of a foreign state, a provincial government, a municipality or an aboriginal body named in Schedule VII, or any of
their agencies;
(d) a corporation
that is controlled by a municipality or a government other than the Government of Canada; or
(e) an
international organization.
Clause
315: New.
Coordinating Amendment
316. On the day on which section
66 of this Act comes into force, paragraph 42(1)(a) of
the Financial Administration Act is replaced by the following:
(a)
prohibiting payment of a contingency fee by any party to the contract to a person to whom the Lobbying Act applies;
Coming into Force
Order in council
317. (1) Sections 309 and
310 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, section 315
comes into force on the day on which this Act is assented to, but that section does 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 that Act, 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 amendment made by that
section.
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