HIGHLIGHTS OF THE FEDERAL ACCOUNTABILITY ACT
The Federal Accountability Act, tabled by the Government of Canada in April 2006, is intended to strengthen accountability and increase transparency and oversight in government. It was passed by the House of Commons in June 2006 after a House legislative committee heard from 70 witnesses and considered over 200 amendments. The bill is currently before the Senate.
The following is an overview of the Act adapted from a presentation by the Treasury Board of Canada Secretariat. Due to the importance of this Act, CCAF felt that members could benefit from this summary.
The Federal Accountability Act has three underlying fundamentals.
- The first is “a disposition to a legislative response”, seeking clarity, permanence, and the involvement of Parliament.
- “A premium on comprehensiveness” aims to “change the way Ottawa works forever”, and touches politicians, agents of Parliament, public servants and those who do business with government.
- Finally, “the 'checks and balances' of accountability” promotes transparency, the accountability reflex, and the value of an “outside” view.
The Act and the government's related Action Plan have five main elements, as illustrated below.
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Political Reform – Key Measures:
- Limit individual donations to $1000, ban contributions by corporations and unions.
- Ban secret donations and gifts to political candidates and use of trust funds for political purposes.
- Stricter rules on lobbying, with a new Commissioner of Lobbying to investigate violations. Rules include bans on lobbying for ministers, ministerial staffers, 'transition team' members and senior public servants for five years after leaving office, and on payment of contingency fees.
- New Conflict of Interest and Ethics Commissioner – a combination of functions of the Ethics Commissioner and Senate Ethics Officer with the powers to fine violators and consider public complaints.
- Enshrine the Conflict of Interest Code into Law.
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Parliamentary Reform – Key Measures:
- Strengthen the role of Agents of Parliament: Public Sector Integrity Commissioner, Information Commissioner, Commissioner of Lobbying, Conflict of Interest and Ethics Commissioner, and Chief Electoral Officer will have increased powers (including investigative for some).
- Expanded role for the Auditor General to “follow the money”. Provisions that support AG audits in funding agreements with recipients.
- Independent Parliament Budget Authority to provide financial analysis about the nation's finances, Estimates and proposals by committees and in private Members bills.
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Public Sector Reform – Key Measures:
- Clear accountability of Ministers and Deputies:
- Deputies designated as accounting officers.
- Clear process in the event that Ministers and Deputies disagree on application of Treasury Board Policy.
- Whistleblowing:
- Public Sector Integrity Commissioner with power to enforce Public Servants Disclosure Protection Act.
- Independent tribunal to adjudicate cases of reprisal, and order remedies and discipline.
- Protection for all Canadians who expose government wrongdoing.
- Comptroller General to have functional authority over internal audit.
- Creation of an independent Director of Public Prosecutions to prosecute offences under federal law.
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Procurement Reform – Key Measures:
- Legislated commitment to fairness, openness and transparency in the procurement process.
- New Procurement Auditor to review procurement practices on an ongoing basis (will submit annual report to Minister of PWGSC.
- Inclusion of integrity provisions in all government contracts and a Code of Conduct for Procurement to apply to both suppliers and government.
- Public opinion research reports to be made available to the public within six months.
- Public disclosure of basic information on good and services contracts in excess of $10,000.
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Making the Public Sector More Open – Key Measures:
- Expand coverage of the Access to Information Act (ATI) to Crown corporations, Agents of Parliament, and five Foundations.
- Draft bill containing the Information Commissioner's recommendations on ATI, plus discussion paper, tabled for separate consideration and debate.
- Government appointments:
- Public Appointments Commission to set merit-based appointments process for agencies, boards, commissions, and Crowns.
- Removal of priority treatment for ministerial aides when they apply to the public service.
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Fewer rules, but comprehensive approach
The Action Plan commits the government to avoid using cumbersome layers of rules for public servants as a result of these new measures, to reduce the number of Treasury Board Policies by a least one half, and to undertake reviews to reduce unproductive “rules' and ensure a balanced approached to oversight of grants and contributions, procurement, and financial management.
Next steps include the consideration of the Act by the Senate's Legal and Constitutional Affairs Committee, and the actual implementation of the Act. The Standing Committee on Access to Information, Ethics and Privacy will also draft a bill containing the Information Commissioner's recommendations on ATI, plus a discussion paper, tabled for separate consideration and debate.
CCAF will monitor the progress of the Act and how it affects accountability in Canada.
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