Federal Accountability Act

An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Federal Accountability Act. The Conflict of Interest Act is enacted as follows: Positions An employee who occupies a position in the office of the Ethics Commissioner immediately before the day on which section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force continues in that position, except that from that day the employee occupies that position in the office of the Conflict of Interest and Ethics Commissioner. Transfer of appropriation Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the office of the Ethics Commissioner that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the office of the Conflict of Interest and Ethics Commissioner. References Every reference to the Ethics Commissioner in any deed, contract, agreement, instrument or other document executed by that person is to be read as a reference to the Conflict of Interest and Ethics Commissioner, unless the context otherwise requires. Continuation of proccedings Any action, suit or other legal or administrative proceeding to which the Ethics Commissioner is a party that is pending on the coming into force of this section may be continued by or against the Conflict of Interest and Ethics Commissioner in a similar manner and to the same extent as it would have been continued by or against the Ethics Commissioner. Transfer of data All information that, on the day on which this section comes into force, is in the possession or control of the Ethics Commissioner relating to the exercise of his or her powers, duties and functions under the Parliament of Canada Act is, as of that day, under the control of the Conflict of Interest and Ethics Commissioner. Jurisdiction of the Commissioner The Conflict of Interest and Ethics Commissioner has, with respect to persons subject to and obligations established by The Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from time to time, the same powers, duties and functions that the Ethics Counsellor or Ethics Commissioner had in relation to those persons and obligations. In addition, the Conflict of Interest and Ethics Commissioner has all the powers, duties and functions of the Commissioner under the Conflict of Interest Act in relation to those persons and obligations. Exception Subsection (6) does not apply to any person or obligation in respect of which the Ethics Counsellor or Ethics Commissioner had reached a final decision. Request from parliamentarian A member of the Senate or House of Commons may, with respect to persons subject to and obligations established by The Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from time to time, make a request to the Conflict of Interest and Ethics Commissioner in accordance with section 44 of the Conflict of Interest Act. Reference to Act In this section, the other Act means, before the day on which section 66 of this Act comes into force, the Lobbyists Registration Act and, from that day, the Lobbying Act. Five-year prohibition — lobbying If, on the day on which section 27 of this Act comes into force, section 10.11 of the other Act, as enacted by section 75 of this Act, is not yet in force, persons who would otherwise be bound by section 29 of the Conflict of Interest and Post-Employment Code for Public Office Holders by virtue of their office and who cease to hold that office on or after that day but before the day on which that section 10.11 comes into force, are subject to the obligations established by section 29 of that Code, despite the coming into force of section 27 of this Act. Jurisdiction of registrar The registrar referred to in section 8 of the other Act has, with respect to the persons and obligations referred to in subsection (2), the same powers, duties and functions that the Ethics Commissioner would have in relation to those persons and obligations if section 27 of this Act were not in force. [Amendment] [Amendments] [Transitional provision] [Transitional provisions] Order in council 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. [Note: Sections 35 to 38, 59, 83, 88.1 to 88.2 and 100 to 107 in force on assent December 12, 2006; the Conflict of Interest Act, as enacted by section 2, and sections 3 to 34 in force July 9, 2007, see SI/2007-75.] 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 those provisions. Coming into force 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. [Note: Sections 39 and 40, subsections 44(1) and (2) and sections 56 and 58 in force June 12, 2007.] Sections 41 to 43, subsections 44(3) and (4) and sections 45 to 55, 57 and 60 to 64 come into force or are deemed to have come into force on January 1, 2007. Sections 63 and 64 come into force or are deemed to have come into force on January 1, 2007, but do not apply in respect of monetary contributions made before that day. Sections 65 to 82, 84 to 88 and 89 to 98 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 65 to 82, 84 to 88 and 89 to 98 in force July 2, 2008, see SI/2008-41.] 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. [Note: Section 99 in force July 9, 2007.] [Repealed, 2006, c. 9, s. 117(2)] The Director of Public Prosecutions Act is enacted as follows: Sections 3.01 and 3.1 of the Access to Information Act, as enacted by section 142 of this Act, and section 3.01 of the Privacy Act, as enacted by section 182 of this Act, as well as subsection 141(2), sections 143 to 149, 154 and 157 to 160, subsection 163(1), sections 164 to 179, subsection 181(2) and sections 183, 184 and 186 to 193 of this Act and any provisions enacted by those provisions come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 173 to 178 in force February 10, 2007, see SI/2007-17; section 3.01 of the Access to Information Act, as enacted by section 142, section 3.01 of the Privacy Act, as enacted by section 182 and sections 149, 154, 157, 158, 160, 172, 172.1, 179, 184, 186, 187 and 189 in force March 1, 2007, see SI/2007-19; sections 144 to 146, 165 to 171, 183 and 191 to 193 in force April 1, 2007, see SI/2007-20; section 172.01 in force April 1, 2007, see SI/2007-38; section 3.1 of the Access to Information Act, as enacted by section 142, subsection 141(2), sections 143, 147, 148, 159, subsection 163(1), section 164, subsection 181(2) and sections 188 and 190 in force September 1, 2007, see SI/2007-39; remainder of provisions in force on assent December 12, 2006.] Canada Pension Plan Investment Board Despite subsection (1), the definition government institution in section 3 of the Access to Information Act, as enacted by subsection 141(2) of this Act, and the definition government institution in section 3 of the Privacy Act, as enacted by subsection 181(2) of this Act, 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 application of those definitions to the Board. 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. [Note: Sections 244, 246, 261, subsections 262(1) and (3) and sections 263 to 266, 269 and 295 in force March 1, 2007, see SI/2007-15; sections 247 to 253 in force April 1, 2007, see SI/2007-28; sections 283 to 289 in force April 1, 2007, see SI/2007-29; sections 239 to 242 in force April 27, 2007, see SI/2007-30; remainder of provisions, except subsection 262(2), in force on assent December 12, 2006.] 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. [Note: Subsection 262(2) in force December 31, 2011, see SI/2011-117.] Sections 306 and 307 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 301 to 305 and 308 to 313 in force on assent December 12, 2006; sections 306 and 307 in force May 5, 2008, see SI/2008-52.] Notwithstanding subsection 114(4) of the Canada Pension Plan, section 312 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.