name: Federal Accountability Act
unofficial_text: # Federal Accountability Act
  
  SC 2006, c 9
  
  An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability
  
  Assented to 2006-12-12
  
  Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 
  
  ## Short Title 
  
  ### Short title
  
  1 This Act may be cited as the Federal Accountability Act.  
  
  # PART 1 
  
  ## Conflicts of Interest, Election Financing, Lobbying and Ministers’ Staff 
  
  ##  Conflict of Interest Act  
  
  ## Enactment of Act 
  2 The Conflict of Interest Act is enacted as follows:  
  
  ## Transitional Provisions 
  
  ### Positions
  
  3 (1) 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
  
  (2) 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
  
  (3) 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
  
  (4) 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
  
  (5) 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
  
  (6) 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
  
  (7) 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
  
  (8) 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
  
  3.1 (1) 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
  
  (2) 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
  
  (3) 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. 
  
  ## Consequential Amendments 
  
  ##  Canada Post Corporation Act  
  4 [Amendment] 
  
  ##  Federal Courts Act  
  5 [Amendment] 
  6 [Amendment] 
  
  ##  Financial Administration Act  
  7 [Amendments] 
  
  ##  First Nations Fiscal and Statistical Management Act  
  8 [Amendment] 
  
  ##  Garnishment, Attachment and Pension Diversion Act  
  9 [Amendment] 
  10 [Amendment] 
  11 [Amendment] 
  12 [Amendment] 
  13 [Amendment] 
  14 [Amendment] 
  15 [Amendment] 
  16 [Amendment] 
  17 [Amendment] 
  
  ##  Government Employees Compensation Act  
  18 [Amendment] 
  
  ##  Non-smokers’ Health Act  
  19 [Amendment] 
  
  ##  Official Languages Act  
  20 [Amendment] 
  21 [Amendment] 
  22 [Amendments] 
  23 [Amendment] 
  24 [Amendment] 
  25 [Amendment] 
  
  ##  Parliament of Canada Act  
  26 [Amendment] 
  27 [Amendment] 
  28 [Amendment] 
  
  ##  Parliamentary Employment and Staff Relations Act  
  29 [Amendment] 
  30 [Amendment] 
  31 [Amendment] 
  32 [Amendment] 
  
  ##  Public Service Superannuation Act  
  33 [Amendment] 
  
  ##  Radiocommunication Act  
  34 [Amendment] 
  
  ## Coordinating Amendments 
  35 [Amendment] 
  36 [Amendment] 
  37 [Amendment] 
  38 [Amendment] 
  
  ##  Canada Elections Act  
  
  ## Amendments to Act 
  39 [Amendment] 
  40 [Amendment] 
  41 [Amendments] 
  42 [Amendment] 
  43 [Amendment] 
  44 [Amendments] 
  45 [Amendments] 
  46 [Amendments] 
  47 [Amendments] 
  48 [Amendments] 
  49 [Amendment] 
  50 [Amendment] 
  51 [Amendment] 
  52 [Amendments] 
  53 [Amendment] 
  54 [Amendments] 
  55 [Amendment] 
  56 [Amendments] 
  57 [Amendments] 
  58 [Amendment] 
  59 [Amendment] 
  
  ## Transitional Provisions 
  60 [Transitional provision] 
  61 [Transitional provision] 
  62 [Transitional provision] 
  
  ## Consequential Amendments 
  
  ##  Income Tax Act  
  63 [Amendment] 
  64 [Amendments] 
  
  ##  Lobbyists Registration Act  
  
  ## Amendments to Act 
  65 [Amendment] 
  66 [Amendment] 
  67 [Amendments] 
  68 [Amendment] 
  69 [Amendments] 
  70 [Amendments] 
  71 [Amendment] 
  72 [Amendments] 
  73 [Amendment] 
  74 [Amendment] 
  75 [Amendment] 
  76 [Amendment] 
  77 [Amendments] 
  78 [Amendment] 
  79 [Amendment] 
  80 [Amendment] 
  81 [Amendment] 
  
  ## Terminology 
  82 [Amendment] 
  
  ## Transitional Provisions 
  83 [Transitional provision] 
  84 [Transitional provisions] 
  85 [Transitional provision] 
  86 [Transitional provision] 
  87 [Transitional provision] 
  88 [Transitional provisions] 
  88.1 [Transitional provisions] 
  88.11 [Transitional provisions] 
  88.2 [Transitional provision] 
  
  ## Consequential Amendments 
  
  ##  Access to Information Act  
  89 [Amendment] 
  90 [Amendment] 
  91 [Amendment] 
  
  ##  Financial Administration Act  
  92 [Amendment] 
  93 [Amendment] 
  94 [Amendment] 
  95 [Amendment] 
  
  ##  Official Languages Act  
  96 [Amendment] 
  
  ##  Privacy Act  
  97 [Amendment] 
  98 [Amendment] 
  
  ##  Parliament of Canada Act  
  99 [Amendment] 
  
  ##  Public Service Employment Act  
  
  ## Amendments to Act 
  100 [Amendment] 
  101 [Amendment] 
  102 [Amendment] 
  103 [Amendments] 
  104 [Amendment] 
  105 [Amendment] 
  106 [Amendment] 
  
  ## Transitional Provision 
  107 [Transitional provision] 
  
  ## 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.  
  * [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.]  
  
  ### 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 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.  
  * [Note: Sections 39 and 40, subsections 44(1) and (2) and sections 56 and 58 in force June 12, 2007.] 
  
  ### Coming into force
  
  (4) 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. 
  
  ### Coming into force
  
  (4.1) 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. 
  
  ### Order in council
  
   * (5)  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.]  
  
  ### 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.  
  * [Note: Section 99 in force July 9, 2007.] 
  
  # PART 2 
  
  ## Supporting Parliament 
  
  ##  Access to Information Act  
  109 [Amendments] 
  
  ##  Auditor General Act  
  110 [Amendments] 
  
  ##  Official Languages Act  
  111 [Amendments] 
  
  ## Parliament of Canada Act 
  
  ## Amendments to Act 
  112 [Amendment] 
  113 [Amendment] 
  114 [Amendment] 
  115 [Amendment] 
  116 [Amendment] 
  
  ## Coordinating Amendments 
  117 (1)  [Repealed, 2006, c. 9, s. 117(2)]  
  (2) [Amendment] 
  
  ##  Privacy Act  
  118 [Amendments] 
  
  ##  Public Servants Disclosure Protection Act  
  119 [Amendments] 
  
  ## Transitional Provision 
  120 [Transitional provision] 
  
  # PART 3 
  
  ## Office of the Director of Public Prosecutions, Administrative Transparency and Disclosure of Wrongdoing 
  
  ##  Director of Public Prosecutions Act  
  
  ## Enactment of Act 
  121 The Director of Public Prosecutions Act is enacted as follows:  
  
  ## Transitional Provisions 
  122 [Transitional provision] 
  123 [Transitional provisions] 
  124 [Transitional provisions] 
  125 [Transitional provision] 
  126 [Transitional provision] 
  127 [Transitional provisions] 
  128 [Transitional provision] 
  
  ## Consequential Amendments 
  
  ##  Access to Information Act  
  129 [Amendment] 
  
  ##  Canada Elections Act  
  130 [Amendment] 
  131 [Amendments] 
  132 [Amendment] 
  133 [Amendments] 
  134 [Amendment] 
  135 [Amendment] 
  136 [Amendment] 
  
  ##  Department of Justice Act  
  137 [Amendment] 
  
  ##  Financial Administration Act  
  138 [Amendment] 
  139 [Amendment] 
  
  ##  Privacy Act  
  140 [Amendment] 
  
  ##  Access to Information Act  
  
  ## Amendments to Act 
  141 [Amendments] 
  142 [Amendment] 
  143 [Amendment] 
  144 [Amendment] 
  145 [Amendment] 
  146 [Amendments] 
  147 [Amendment] 
  148 [Amendment] 
  149 [Amendments] 
  150 [Amendment] 
  151 [Amendment] 
  152 [Amendment] 
  153 [Amendment] 
  154 [Amendment] 
  155 [Amendment] 
  156 [Amendment] 
  157 [Amendment] 
  158 [Amendment] 
  159 [Amendment] 
  160 [Amendment] 
  161 [Amendments] 
  162 [Amendment] 
  163 [Amendments] 
  164 [Amendment] 
  165 [Amendment] 
  166 [Amendment] 
  167 [Amendment] 
  168 [Amendment] 
  169 [Amendment] 
  170 [Amendment] 
  171 [Amendment] 
  172 [Amendment] 
  172.01 [Amendment] 
  
  ## Consequential Amendment 
  
  ## Canadian Wheat Board Act 
  172.1 [Amendment] 
  
  ##  Canada Elections Act  
  
  ## Amendments to Act 
  173 [Amendment] 
  174 [Amendments] 
  175 [Amendment] 
  176 [Amendment] 
  177 [Amendment] 
  
  ## Transitional Provisions 
  178 [Transitional provisions] 
  
  ##  Export Development Act  
  179 [Amendment] 
  
  ##  Library and Archives of Canada Act  
  179.1 [Amendment] 
  180 [Amendment] 
  
  ##  Privacy Act  
  181 [Amendments] 
  182 [Amendment] 
  183 [Amendment] 
  184 [Amendment] 
  185 [Amendment] 
  186 [Amendment] 
  187 [Amendment] 
  188 [Amendment] 
  189 [Amendment] 
  190 [Amendment] 
  191 [Amendment] 
  192 [Amendment] 
  193 [Amendment] 
  
  ##  Public Servants Disclosure Protection Act  
  
  ## Amendments to Act 
  194 [Amendments] 
  195 [Amendment] 
  196 [Amendment] 
  197 [Amendments] 
  198 [Amendment] 
  199 [Amendment] 
  200 [Amendment] 
  201 [Amendment] 
  202 [Amendments] 
  203 [Amendment] 
  204 [Amendment] 
  205 [Amendments] 
  206 [Amendment] 
  207 [Amendment] 
  208 [Amendment] 
  209 [Amendment] 
  210 [Amendments] 
  211 [Amendment] 
  212 [Amendment] 
  213 [Amendment] 
  214 [Amendment] 
  215 [Amendment] 
  216 [Amendment] 
  217 [Amendments] 
  218 [Amendment] 
  219 [Amendment] 
  220 [Amendment] 
  221 [Amendment] 
  222 [Amendment] 
  223 [Amendment] 
  224 [Amendment] 
  225 [Amendment] 
  
  ## Coordinating Amendment 
  226 [Amendment] 
  
  ##  Salaries Act  
  227 [Amendment] 
  
  ## Coming into Force 
  
  ### Order in council
  
  228  * (1)  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
  
  (2) 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.  
  
  # PART 4 
  
  ## Administrative Oversight and Accountability 
  
  ##  Business Development Bank of Canada Act  
  229 [Amendment] 
  
  ##  Canada Council for the Arts Act  
  230 [Amendment] 
  
  ##  Canada Mortgage And Housing Corporation Act  
  231 [Amendments] 
  232 [Amendment] 
  233 [Amendment] 
  
  ##  Canada Post Corporation Act  
  234 [Amendments] 
  235 [Amendment] 
  236 [Amendment] 
  
  ##  Canada Revenue Agency Act  
  237 [Amendment] 
  
  ##  Canadian Commercial Corporation Act  
  238 [Amendment] 
  
  ##  Canadian Dairy Commission Act  
  
  ## Amendments to Act 
  239 [Amendment] 
  240 [Amendments] 
  241 [Amendment] 
  
  ## Transitional Provision 
  242 [Transitional provision] 
  
  ##  Canadian Race Relations Foundation Act  
  243 [Amendment] 
  244 [Amendment] 
  
  ##  Canadian Tourism Commission Act  
  244.1 [Amendment] 
  244.2 [Amendment] 
  
  ##  Cape Breton Development Corporation Act  
  245 [Amendment] 
  
  ##  Criminal Code  
  246 [Amendment] 
  
  ##  Enterprise Cape Breton Corporation Act  
  
  ## Amendments to Act 
  247 [Amendments] 
  248 [Amendment] 
  249 [Amendment] 
  250 [Amendment] 
  251 [Amendments] 
  252 [Amendments] 
  
  ## Transitional Provision 
  253 [Transitional provision] 
  
  ##  Export Development Act  
  254 [Amendment] 
  
  ##  Farm Credit Canada Act  
  255 [Amendment] 
  256 [Amendment] 
  
  ##  Financial Administration Act  
  
  ## Amendments to Act 
  257 [Amendment] 
  258 [Amendment] 
  259 [Amendment] 
  260 [Amendment] 
  261 [Amendment] 
  262 [Amendments] 
  263 [Amendment] 
  264 [Amendment] 
  265 [Amendment] 
  266 [Amendment] 
  267 [Amendment] 
  268 [Amendment] 
  269 [Amendment] 
  270 [Amendment] 
  
  ## Coordinating Amendments 
  271 [Amendment] 
  272 [Amendment] 
  273 [Amendment] 
  274 [Amendment] 
  275 [Amendment] 
  
  ##  Freshwater Fish Marketing Act  
  276 [Amendments] 
  277 [Amendment] 
  278 [Amendment] 
  
  ##  Museums Act  
  279 [Amendment] 
  
  ##  National Arts Centre Act  
  280 [Amendment] 
  281 [Amendment] 
  282 [Amendment] 
  
  ##  National Capital Act  
  283 [Amendments] 
  284 [Amendment] 
  285 [Amendments] 
  286 [Amendment] 
  287 [Amendment] 
  288 [Amendment] 
  289 [Amendment] 
  
  ##  Pilotage Act  
  290 [Amendments] 
  291 [Amendment] 
  292 [Amendment] 
  293 [Amendment] 
  294 [Amendment] 
  
  ##  Public Sector Pension Investment Board Act  
  295 [Amendment] 
  296 [Amendment] 
  297 [Amendment] 
  
  ##  Royal Canadian Mint Act  
  298 [Amendment] 
  
  ##  Standards Council of Canada Act  
  299 [Amendment] 
  
  ## Coming into Force 
  
  ### Order in council
  
  300  * (1)  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.]  
  
  ### Order in council
  
   * (2)  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.]  
  
  # PART 5 
  
  ## Procurement and Contracting 
  
  ##  Auditor General Act  
  301 [Amendments] 
  302 [Amendments] 
  303 [Amendment] 
  304 [Amendment] 
  305 [Amendment] 
  
  ##  Department of Public Works and Government Services Act  
  306 [Amendment] 
  307 [Amendment] 
  
  ##  Financial Administration Act  
  
  ## Amendments to Act 
  308 [Amendment] 
  309 [Amendments] 
  310 [Amendment] 
  311 [Amendment] 
  312 [Amendment] 
  
  ## Coordinating Amendment 
  313 [Amendment] 
  
  ## Coming into Force 
  
  ### Order in council
  
  314  * (1)  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.]  
  
  ### Order in council
  
  (2) 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.  
  
  