Harman Patil (Editor)

Federal Accountability Act

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Citation
  
S.C. 2006. c. 9

Date assented to
  
December 12, 2006

Enacted by
  
Parliament of Canada

Federal Accountability Act

Date commenced
  
Coming into Force details

Bill
  
39th Parliament, Bill C-2

Introduced by
  
John Baird, President of the Treasury Board

The Federal Accountability Act (full title: "An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability", here in this article shorthanded to FedAA) is a statute introduced as Bill C-2 in the first session of the 39th Canadian Parliament on April 11, 2006, by the President of the Treasury Board, John Baird. The plan aims to reduce the opportunity to exert influence with money by banning corporate, union, and large personal political donations; five-year lobbying ban on former ministers, their aides, and senior public servants; providing protection for whistle blowers; and enhancing the power for the Auditor General to follow the money spent by the government.

Contents

Notably, the bill comes at a time when the significance of political advocacy groups in electoral campaigns is increasing in Canada. The act limits and reveals the funding of political parties, but is blind to possible undue monetary influence on government policy by advocacy groups. Notable examples are the National Citizens Coalition, the Council of Canadians, and Ontarians For Responsible Government.

The bill (now a law) also aims to increase transparency of government spending, and establish clearer links between approved expenditures and their outcomes. (Previous legislation required linkage between expenditures and 'purpose', rather than outcomes.)

The bill was passed by the House of Commons on June 22, 2006, by the Senate on November 9, 2006, and was granted royal assent on December 12, 2006.

Provisions

The following are some of the major changes instituted by the Federal Accountability Act:

Auditing and accountability within departments
  • One of the biggest changes, recommended by the Gomery Commission, was that deputy ministers became "accounting officers", reporting directly to Parliament (thereby bypassing their ministers) on the financial administration of their respective departments.
  • A mechanism to resolve disputes between ministers and deputy ministers, and to document such resolutions, was also created.
    • Independent Oversight Offices

    A number of new independent were created, reporting directly to Parliament on the administration of the government.

  • The Commissioner of Lobbying replaced the Registrar of Lobbyists as a fully independent office with greater investigative powers.
  • The Parliamentary Budget Officer provides Parliament with objective analysis about government estimates, the state of the nation's finances, and trends in the national economy.
  • The Public Sector Integrity Commissioner promotes whistleblowing and protects whistleblowers from negative repercussions in the workplace.
  • The Office of the Procurement Ombudsman reviews and investigates complaints against government procurement practices.
  • The Conflict of Interest and Ethics Commissioner administers the Conflict of Interest Code for Members of the House of Commons.
    • New limits on individual donations to parties and candidates
  • Prohibition of gifts or other benefits to a candidate for political office that influence or appear to influence performance of that office if elected.
  • Individual political contributions limited to $1,100 to different aspects of a single political organization: $1,100 to a registered party; $1,100 to a registered party’s candidates, nomination contestants, and constituency associations, collectively; and $1,100 to leadership contestants collectively.
  • Corporations, unions and organizations were banned from contributing to parties and candidates.
  • Candidates must report all gifts over $500 to the Chief Electoral Officer.
    • Lobbying
  • Senior public officials prohibited from engaging in lobbying for 5 years after their employment has ceased.
    • Public Appointments Commission
  • Proposed creation of a Public Appointments Commission to develop guidelines, review and approve the selection processes proposed by Ministers to fill vacancies within their portfolios, and report publicly on the Government’s compliance with the guidelines. However, no such commission has yet been created.
    • Access to information
  • Increased scope of the Access to Information Act, to cover a number of Crown Corporations, which can now be called upon by the public to disclose their records.
    • Independent Prosecution
  • The Public Prosecution Service of Canada was made independent of the rest of the Department of Justice, although the Director of Public Prosecutions still reports to the Minister of Justice.

    • History

    The Federal Accountability Act was the first bill to be tabled by the newly elected Conservative Government. It took about 9 months to pass and was significantly amended in the Senate.

    The development of the FedAA was informed by the Conservative Party election platform for the January 2006 election and by Phase 2 of the Gomery Report (Recommendations).

    When delivering his sponsor's speech in Parliament, John Baird described it as the "toughest anti-corruption law ever passed in Canada," although this description is disputable.

    Amended Legislation

    The FedAA is an omnibus legislation - one that amends a number of other statutes. It amended the following:

    References

    Federal Accountability Act Wikipedia
    (Text) CC BY-SA