Federal Accountability Act

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Sections349

• 1Short title

  This Act may be cited as the Federal Accountability Act.

• 2

  The Conflict of Interest Act is enacted as follows:

• 3Positions
• 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.

• 3(2)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.

• 3(3)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.

• 3(4)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.

• 3(5)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.

• 3(6)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.

• 3(7)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.

• 3(8)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.

• 3.1Reference 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.

• 3.1(2)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.

• 3.1(3)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.

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• 108Order 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.]

• 108(2)Order in council

  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.

• 108*(3)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.]

• 108(4)Coming into force

  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.

• 108(4.1)Coming into force

  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.

• 108*(5)Order in council

  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.]

• 108*(6)Coming into force

  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.]

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• 117(1)Repealed

  [Repealed, 2006, c. 9, s. 117(2)]

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  The Director of Public Prosecutions Act is enacted as follows:

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