- Bill C-2, the so-called "Federal Accountability Act", passed into law on Dec. 12, 2006, contains a measure that must be approved by the federal Cabinet to create the position of an independent Commissioner of Lobbyists, to replace the current Registrar of Lobbyists who is under the control of a Cabinet minister who has the legal power to fire the person holding the Registrar position at any time for any reason -- [ LINK ]

- The Senate Ethics Officer is under the control of a committee of senators, and cannot investigate or publicly rule on a complaint without the approval of the committee, and so lacks key facets of independence to be an effective public protector -- [ LINK ]

References: - Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent -- (Auditor General Act R.S., 1985, c. A-17) -- [ LINK ]7" target="_blank">[ LINK ] -- Financial Administration Act (R.S., 1985, c. F-11) -- [ LINK ]

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons.

- Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws).

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- http://lois.justice.gc.ca/en/showtdm/cs/A-1

- Canadian Human Rights Commission -- [ LINK ] -- which enforces the Canadian Human Rights Act (R.S., 1985, c. H-6) -- [ LINK ] -- and reviews and rules on complaints about discriminatory treatment by the federal government and federally regulated corporations.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- Privacy Commissioner -- who investigates complaints about the abuse or disclosure of personal information collected by federal government institutions under the Privacy Act (R.S., 1985, c. P-21) -- [ LINK ]

- the Public Service Commission (which, in addition to making appointments and hirings itself, also conducts audits and also investigates and rules on complaints about non-merit-based appointments) are appointed without any public process by the federal Cabinet under subsection 4(5), and members of the Public Service Staffing Tribunal (which hears and rules on appeals of the Commission's rulings) are appointed without any public process by the federal Cabinet under sections 88 and 90 of the Public Service Employment Act (2003, c. 22, ss. 12, 13) -- [ LINK ]

- the members of the Public Service Labour Relations Board (which rules on various federal public service labour matters as set out in collective bargaining agreements) are appointed without any public process by the federal Cabinet under sections 12 and 18 of the Public Service Labour Relations Act ( 2003, c. 22, s. 2 ) -- [ LINK ] - under clause 18(1)(e), members of the Board must "have knowledge of or experience in labour relations"

- Bill C-2, the so-called "Federal Accountability Act", passed into law on Dec. 12, 2006, contains a measure that must be approved by the federal Cabinet to create the position of an independent Commissioner of Lobbyists, to replace the current Registrar of Lobbyists who is under the control of a Cabinet minister who has the legal power to fire the person holding the Registrar position at any time for any reason -- [ LINK ]

- The Senate Ethics Officer is under the control of a committee of senators -- [ LINK ]

References: All of the following agencies and watchdogs have formal organizational independence in law from the government (ie. fixed terms in office (usually five-seven years) with dismissal allowed only for cause, effective control of office budget and staffing, adequate (if not full) investigative powers):

- Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent -- under the Auditor General Act (R.S., 1985, c. A-17) -- [ LINK ]7" target="_blank">[ LINK ] -- appointed to a fixed term of 10 years

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons.

- Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws).

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- http://lois.justice.gc.ca/en/showtdm/cs/A-1

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- Bill C-2, the so-called "Federal Accountability Act", passed into law on Dec. 12, 2006, contains a measure that must be approved by the federal Cabinet to create the position of an independent Commissioner of Lobbyists, to replace the current Registrar of Lobbyists who is under the control of a Cabinet minister who has the legal power to fire the person holding the Registrar position at any time for any reason -- [ LINK ]

- The Senate Ethics Officer is under the control of a committee of senators -- [ LINK ]

References: There is no public evidence that any of the following agencies and watchdogs have experienced political interference:

- Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent.

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons.

- Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws).

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ]

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- Bill C-2, the so-called "Federal Accountability Act", passed into law on Dec. 12, 2006, contains a measure that must be approved by the federal Cabinet to create the position of an independent Commissioner of Lobbyists, to replace the current Registrar of Lobbyists who is under the control of a Cabinet minister who has the legal power to fire the person holding the Registrar position at any time for any reason -- [ LINK ]

- The Senate Ethics Officer is under the control of a committee of senators -- [ LINK ]

References: There is no public evidence that any of the following agencies and watchdogs have been removed from their office without relevant justification:

- Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent -- the AG has a fixed term under the law of 10 years

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons - the Commissioner has a fixed term under the Act of seven years.

- Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws) -- both positions are guaranteed until mandatory retirement age of 65.

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] The Information Commissioner has a fixed term of seven years.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

References: All of the following agencies and watchdogs have a professional, full-time staff:

- Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent. The AG has a fixed term under the law of 10 years.

- Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws) -- both positions are guaranteed until mandatory retirement age of 65

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] The Information Commissioner has a fixed term of seven years.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- The following agencies do not have full-time, professional staff: - Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons - the Commissioner has a fixed term under the Act of seven years. The Ethics Commissioner from March 2004 until April 2007 was Bernard Shapiro, who had no legal training, had never been in a similar enforcement position, and who hired the same lawyers to advise him as the Prime Minister and Cabinet ministers used as legal counsel. See details in Democracy Watch's news release about its court challenge of the Ethics Commissioner at: [ LINK ]" target="_blank">[ LINK ]" target="_blank">[ LINK ]

- Also with regard to the Conflict of Interest and Ethics Commissioner, the new Commissioner (appointed July 9, 2007) must (under changes made by the Federal Accountability Act (which became law in December 2006) keep the same staff as the old Commissioner had, and the staff has demonstrated incompetence and bias in their enforcement practices in the past. See details in Democracy Watch's news release about its court challenge of the Ethics Commissioner at: http://www.dwatch.ca/camp/RelsSep2905.html

- Bill C-2, the so-called "Federal Accountability Act", passed into law on Dec. 12, 2006, contains a measure that must be approved by the federal Cabinet to create the position of an independent Commissioner of Lobbyists, to replace the current Registrar of Lobbyists who is under the control of a Cabinet minister who has the legal power to fire the person holding the Registrar position at any time for any reason. Between 1988 and March 2004 the Registrar was Howard Wilson, who had no legal training and no experience enforcing any legal regime. In March 2004 he was replaced by new appointee Michael Nelson, who also has no legal training and no experience enforcing any legal regime -- [ LINK ]

- Also with regard to the Registrar of Lobbyists, the to-be-appointed Commissioner of Lobbying must keep the same staff as the current Registrar has, and the staff has demonstrated incompetence and bias in their enforcement practices in the past. See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: http://www.dwatch.ca/camp/RelsSep2905.html -- and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

- The Senate Ethics Officer also has no prior experience in enforcing ethics or similar rules, and is under the control of a committee of senators, and cannot investigate or publicly rule on a complaint without the approval of the committee, and so lacks key facets of independence to be an effective public protector -- [ LINK ]

- Bill C-2, the so-called "Federal Accountability Act", passed into law on Dec. 12, 2006, contains a measure that must be approved by the federal Cabinet to create the position of an independent Commissioner of Lobbyists, to replace the current Registrar of Lobbyists who is under the control of a Cabinet minister who has the legal power to fire the person holding the registrar position at any time for any reason. Between 1988 and March 2004 the registrar was Howard Wilson, who had no legal training and no experience enforcing any legal regime. In March 2004 he was replaced by new appointee Michael Nelson, who also has no legal training and no experience enforcing any legal regime -- [ LINK ]

- Also with regard to the Registrar of Lobbyists, the new Commissioner of Lobbying is required by the Federal Accountability Act to keep the same staff as the registrar currently has, and the staff has demonstrated incompetence and bias in the past.

See details in Democracy Watch's news release about its 2005 court challenge of the Registrar at: [ LINK ] and in Democracy Watch's news release about its 2006 court challenge of the Registrar at: [ LINK ]

- The Senate Ethics Officer is under the control of a committee of senators, and cannot investigate or publicly rule on a complaint without the approval of the committee, and so lacks key facets of independence to be an effective public protector -- [ LINK ]

References: - There is no public evidence that the appointees to any of the following agencies and watchdogs have made appointments that decrease their independence (except the Ethics Commissioner, in 2003-2004): - Auditor General of Canada -- [ LINK ] -- is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent -- the AG has a fixed term under the law of 10 years.

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons. The Ethics Commissioner from March 2004 until April 2007 was Bernard Shapiro, who had no legal training, had never been in a similar enforcement position, and who hired the same lawyers to advise him as the prime minister and Cabinet ministers at the time used as legal counsel. See details in Democracy Watch's news release about its court challenge of the Ethics Commissioner at: [ LINK ]" target="_blank">[ LINK ]

- Also with regard to the Conflict of Interest and Ethics Commissioner, the new commissioner (appointed on July 9, 2007), is required by the Federal Accountability Act to keep the same staff as the old commissioner had, and the staff has demonstrated incompetence in the past.

See details in Democracy Watch's news release about its court challenge of the Ethics Commissioner at: http://www.dwatch.ca/camp/RelsSep2905.html

- Elections Canada -- [ LINK ] -- chief electoral officer and commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws)

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ]

- Commissioner of Official Languages -- [ LINK ] -- investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

Peer Review Comments: Interestingly, the Canadian Armed Forces is an excellent example of the independence of the agency.

References: - The following two agencies and watchdogs receive regular funding: - Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws)

- Commissioner of Official Languages -- [ LINK ] -- investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- The following four agencies and watchdogs have shown clearly that they do not have adequate, regular funding by the backlog of open files in their annual reports (or, in the case of the Auditor General, the fact that the Auditor acknowledges that large government spending initiatives are usually audited only once every five years (at most)): - Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent.

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons.

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] -- the Information Commissioner has a fixed term of seven years.

- Registrar of Lobbyists -- [ LINK ] -- See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: [ LINK ] and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

- The following agency is new as of spring 2007, so its funding track record is not yet known: - Public Sector Integrity Commissioner -- [ LINK ] -- who addresses complaints about public servants violating laws, regulations, codes, policies and guidelines. The commissioner has a fixed term under law of seven years.

References: - The following three agencies and watchdogs make publicly available reports: - Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent.

- Elections Canada -- [ LINK ] -- chief electoral officer and commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws).

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] The Information commissioner has a fixed term of seven years.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- While the following two agencies and watchdogs make publicly available annual reports, they also are permitted by law to give secret advice (the Conflict of Interest and Ethics Commissioner to politicians, political staff and Cabinet appointees who are covered by ethics rules, and the Registrar of Lobbyists to lobbyists): - Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons

- Registrar of Lobbyists -- [ LINK ] -- See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: [ LINK ] -- and Democracy Watch's 2007 news release about its second court challenge of the registrar at: [ LINK ]

- The following agency is new as of spring 2007, so its record of making publicly available reports is not yet known: - Public Sector Integrity Commissioner -- [ LINK ] -- who addresses complaints about public servants violating laws, regulations, codes, policies and guidelines.

References: The following four agencies and watchdogs usually initiate investigations when necessary: - Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws).

- Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent.

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ]

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- The following two agencies and watchdogs have a very poor record over the past three years of failing to initiate investigations when necessary: - Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons (NOTE: a new Conflict of Interest Commissioner was appointed July 9, 2007) See details in Democracy Watch's 2005 news release about its court challenge of the Commissioner at: [ LINK ]" target="_blank">[ LINK ] and Democracy Watch's April 2007 news release about the Commissioner's overall record between March 2004 and April 2007: [ LINK ]

- Registrar of Lobbyists -- [ LINK ] -- See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: http://www.dwatch.ca/camp/RelsSep2905.html and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

- The following agency is new as of spring 2007, so its record of initiating investigations is not yet known: - Public Sector Integrity Commissioner -- [ LINK ] -- who addresses complaints about public servants violating laws, regulations, codes, policies and guidelines.

Peer Review Comments: One good example is the Armed Forces ombudsman. He can and does initiate investigations based on reports from or interviews with military personnel.

References: - None of the following agencies and watchdogs have the power to penalize offenders: - Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent. If a violation of the Act is suspected, the Auditor General is required to refer the matter to the police.

- Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act (new as of July 2007) and the Conflict of Interest Code for Members of the House of Commons (NOTE: a new Conflict of Interest Commissioner was appointed on July 9, 2007). Before July 9, 2007, the Commissioner did not have the power to penalize offenders, only to recommend penalties. As of July 9, 2007, the Commissioner has the power to penalize offenders of the Conflict of Interest Act (which applies to the prime mInister, Cabinet ministers, some ministerial staff, and some Cabinet appointees) only a maximum of $500 (US$505), and continues to have the power to recommend penalties for members of the House of Commons.

See details of the Ethics Commissioner's record from March 2004 until April 2007 in Democracy Watch's 2005 news release about its court challenge of the Commissioner at: [ LINK ]" target="_blank">[ LINK ] and Democracy Watch's April 2007 news release about the Commissioner's overall record between March 2004 and April 2007: [ LINK ]

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] Under the Act, the Commissioner only has the power to make recommendations.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- The following two agencies and watchdogs have a very poor record of penalizing offenders: - Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws). The CEO and Commissioner usually only require offenders to correct their actions (return illegal donations, correct incorrect financial statements, etc.

- Registrar of Lobbyists -- [ LINK ] -- if the Registrar suspects that the Lobbyists Registration Act is being violated, the Registrar is required under the Act to refer the matter to the police. The Registrar has the power to find a lobbyist guilty of violating the Lobbyists' Code of Conduct (which came into force in 1997), but the only penalty is a public report stating that the lobbyist has violated the Code (only one lobbyist has been found guilty of violating the Code, in spring 2007, despite allegations that more than 20 lobbyists have violated the Code) -- See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: http://www.dwatch.ca/camp/RelsSep2905.html and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

The following agency is new as of spring 2007, so its record of penalizing offenders is not yet known: - Public Sector Integrity Commissioner -- [ LINK ] -- who addresses complaints about public servants violating laws, regulations, codes, policies and guidelines -- the Commissioner(first appointed on July 9, 2007) is required by law to file a report with a tribunal (still to be created) and the tribunal will impose penalties (if any).

References: - The findings of the following agency are usually acted upon by the federal government and federal parties: - Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws).

- The findings of the following agencies and watchdogs are often ignored by the federal government, as can be seen in their annual reports and other reports issued by them: - Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent. If a violation of the Act is suspected, the Auditor General is required to refer the matter to the police.

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] Under the Act, the Commissioner only has the power to make recommendations.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- The following agency have made very few findings or policy change recommendations: - Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act (new as of July 2007) and the Conflict of Interest Code for Members of the House of Commons (NOTE: a new Conflict of Interest Commissioner was appointed on July 9, 2007). Before July 9, 2007, the Commissioner did not have the power to penalize offenders, only to recommend penalties, and the Commissioner made very few findings or policy recommendations. As of July 9, 2007, the Commissioner has the power to penalize offenders of the Conflict of Interest Act (which applies to the prime mInister, Cabinet ministers, some ministerial staff, and some Cabinet appointees) only a maximum of $500 (US$505), and continues to have the power to recommend penalties for members of the House of Commons. See details in Democracy Watch's 2005 news release about its court challenge of the Commissioner at: [ LINK ]" target="_blank">[ LINK ] and Democracy Watch's April 2007 news release about the Commissioner's overall record between March 2004 and April 2007: [ LINK ]

- Registrar of Lobbyists -- [ LINK ] -- if the Registrar suspects that the Lobbyists Registration Act is being violated, the Registrar is required under the Act to refer the matter to the police. The Registrar has the power to find a lobbyist guilty of violating the Lobbyists' Code of Conduct (which came into force in 1997), but the only penalty is a public report stating that the lobbyist has violated the Code (only one lobbyist has been found guilty of violating the Code, in spring 2007, despite allegations that more than 20 lobbyists have violated the Code) -- See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: http://www.dwatch.ca/camp/RelsSep2905.html and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

- The following agency is new as of spring 2007, so government's record of acting on its findings is not yet known (NOTE: the Commissioner position was created in response to the recommendation of the Public Sector Integrity Officer (PSIO), a position that existed from late 2001 until 2007 when the Commissioner position was created): - Public Sector Integrity Commissioner -- [ LINK ] -- who addresses complaints about public servants violating laws, regulations, codes, policies and guidelines -- the Commissioner (first appointed on July 9, 2007) is required by law to file a report with a tribunal (still to be created) and the tribunal will impose penalties (if any).

References: - The following two agencies and watchdogs act on citizen complaints within a reasonable time period, mainly because they receive regular, adequate funding: - Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws).

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- The following agencies have shown clearly that they does not act on citizen complaints within a reasonable time period (mainly because it does not have adequate, regular funding) by the backlog of open files in its annual report (or, in the Auditor General's case, the Auditor's acknowledgement that it only audits large government spending initiatives at most every five years (and longer for smaller spending initiatives). - Auditor General of Canada -- [ LINK ] -- who is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent.

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] The Information Commissioner has a fixed term of seven years.

- The following two agencies have shown clearly, by the backlog of open files in their annual report, that they do not act on citizen complaints within a reasonable time period (in part because they do not have adequate, regular funding, but also in part because they have a very weak enforcement attitude) : - Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons. See details in Democracy Watch's 2005 news release about its court challenge of the Commissioner at: [ LINK ]" target="_blank">[ LINK ] and Democracy Watch's April 2007 news release about the Commissioner's overall record between March 2004 and April 2007 at: [ LINK ]

- Registrar of Lobbyists -- [ LINK ] -- See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: http://www.dwatch.ca/camp/RelsSep2905.html and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

- The following agency is new as of spring 2007, so its responsiveness track record is not yet known: - Public Sector Integrity Commissioner -- [ LINK ] -- who addresses complaints about public servants violating laws, regulations, codes, policies and guidelines -- the Commissioner has a fixed term under law of seven years.

Peer Review Comments: Citizen complaints have to be investigated or acknowledged within a specific period of time (as specified in some regulations) and a citizen can complain if this does not happen.

References: - The following three agencies and watchdogs are required by law to make their reports publicly available: - Auditor General of Canada -- [ LINK ] -- is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent.

- Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws).

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] The Information Commissioner has a fixed term of seven years.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- While the following two agencies and watchdogs are also required by law make their annual reports and investigation/inquiry reports publicly available, they also are permitted by law to give secret advice (the Conflict of Interest and Ethics Commissioner to politicians, political staff and Cabinet appointees who are covered by ethics rules, and the Registrar of Lobbyists to lobbyists) and if they reject a complaint they usually do not make their rejection decision document available to the public online or in any other format (they are not required to do so by law), and so they usually send it only to the complainant: - Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons. See details in Democracy Watch's 2005 news release about its court challenge of the Commissioner at: [ LINK ]" target="_blank">[ LINK ] and in Democracy Watch's April 2007 news release about the Commissioner's overall record from March 2004 to April 2007 at: [ LINK ]

- Registrar of Lobbyists -- [ LINK ] -- See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: http://www.dwatch.ca/camp/RelsSep2905.html -- and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

- The following agency is new as of spring 2007, and it is expected that it will make its annual and other reports available online at no cost: - Public Sector Integrity Commissioner -- [ LINK ] -- who addresses complaints about public servants violating laws, regulations, codes, policies and guidelines.

Peer Review Comments: Reports from the ombudsman's office are public record.

References: The following agencies and watchdogs annual reports for each fiscal year (April 1 to March 31 annually) are often not tabled in Parliament by the Cabinet minister responsible for the agency (the process which makes them public) for several months after the end of the fiscal year, and sometimes the minister tables their annual or investigative reports at a time that is politically opporunistic (for example, late on a Friday afternoon, or in the middle of summer, when the media are unlikely to pay attention to the report): - Auditor General of Canada -- [ LINK ] -- is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent. NOTE: the Auditor General issues quarterly reports on various audits on days and at times that are chosen by the Auditor General

- Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws)

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] The Information Commissioner has a fixed term of seven years.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- The following two agencies follow the same pattern in terms of the release of reports as the agencies set out above, and they also are permitted by law to give secret advice (the Conflict of Interest and Ethics Commissioner to politicians, political staff and Cabinet appointees who are covered by ethics rules, and the Registrar of Lobbyists to lobbyists) and if they reject a complaint they often do not make their rejection decision document available to the public online or in any other format, and send it only to the complainant: - Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons. See details in Democracy Watch's 2005 news release about its court challenge of the Commissioner at: [ LINK ]" target="_blank">[ LINK ] and in Democracy Watch's April 2007 news release about the Commissioner's overall record from March 2004 to April 2007 at: [ LINK ]

- Registrar of Lobbyists -- [ LINK ] See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: http://www.dwatch.ca/camp/RelsSep2905.html and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

- The following agency is new as of spring 2007, and it is expected that it will make its annual and other reports available online at no cost: - Public Sector Integrity Commissioner -- [ LINK ] -- who addresses complaints about public servants violating laws, regulations, codes, policies and guidelines.

References: All of the following agencies and watchdogs annual reports and other reports are available online at no cost: - - Auditor General of Canada -- [ LINK ] -- is the front-line investigator helping ensure that the federal government complies with the Financial Administration Act and regulations, and its own spending codes, policies and guidelines, and receives value for money spent. NOTE: the Auditor General issues quarterly reports on various audits on days and at times that are chosen by the Auditor General

- Elections Canada -- [ LINK ] -- Chief Electoral Officer and Commissioner of Canada Elections enforce the Canada Elections Act (which include political finance laws)

- Office of the Information Commissioner of Canada -- [ LINK ] -- who enforces the Access to Information Act ( R.S., 1985, c. A-1 ) -- [ LINK ] The Information Commissioner has a fixed term of seven years.

- Commissioner of Official Languages -- [ LINK ] -- who investigates complaints and has the power to issue reports and make recommendations concerning the federal government's compliance with the Official Languages Act (1985, c. 31 (4th Supp.)) -- [ LINK ]

- The following two agencies annual reports and other reports are also available online at no cost, but they also are permitted by law to give secret advice (the Conflict of Interest and Ethics Commissioner to politicians, political staff and Cabinet appointees who are covered by ethics rules, and the Registrar of Lobbyists to lobbyists) and if they reject a complaint they often do not make their rejection decision document available online, only sending it to the complainant: - Conflict of Interest and Ethics Commissioner -- [ LINK ] -- who enforces the Conflict of Interest Act and the Conflict of Interest Code for Members of the House of Commons. See details in Democracy Watch's 2005 news release about its court challenge of the Commissioner at: [ LINK ]" target="_blank">[ LINK ]

- Registrar of Lobbyists -- [ LINK ] See details in Democracy Watch's 2005 news release about its court challenge of the Registrar at: http://www.dwatch.ca/camp/RelsSep2905.html and Democracy Watch's 2007 news release about its second court challenge of the Registrar at: [ LINK ]

- The following agency is new as of spring 2007, and it is expected that it will make its annual and other reports available online at no cost: - Public Sector Integrity Commissioner -- [ LINK ] -- addresses complaints about public servants violating laws, regulations, codes, policies and guidelines.