Bill C-243

1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-243

An Act respecting the provision of development assistance by the Canadian International Development Agency and other federal bodies

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Development Assistance Accountability Act.

PURPOSE

2. (1) The purpose of this Act is to ensure that all Canadian development assistance abroad is provided with a central focus on poverty reduction and in a manner consistent with Canadian values, Canadian foreign policy and international human rights standards.

(2) All Canadian development activities abroad shall be provided in accordance with the principles of sustainable development, that is, development that meets the needs of present generations without compromising the ability of future generations to meet their own needs.

INTERPRETATION

3. The following definitions apply in this Act.

“Committee” means the Advisory Committee for International Development Cooperation established under section 6.

“competent minister” means any minister des­ignated by the Governor in Council to provide development assistance.

“development assistance” means official development assistance as defined by the Development Assistance Committee of the Organization for Economic Co-operation and Development.

“international agency” means any intergovernmental organization whose objectives include global poverty reduction or international human­itarian assistance.

“Minister” means the Minister of International Cooperation.

“non-governmental organization” means a not-for-profit or charitable organization whose governing structure is independent of government direction and whose objectives include global poverty reduction or international human­itarian assistance.

DEVELOPMENT ASSISTANCE

4. (1) Development assistance may be provided only if the competent minister is of the opinion that it

(a) contributes to poverty reduction;

(b) takes into account the perspectives of the poor; and

(c) is consistent with Canada’s international human rights obligations.

(2) In arriving at the opinion described in subsection (1), the competent minister may consult with international agencies and Canadian non-governmental organizations.

HUMANITARIAN ASSISTANCE

5. The competent minister may provide any person, body or agency with assistance for the purpose of alleviating the effects of a natural or artificial disaster or other emergency occurring outside Canada.

ADVISORY COMMITTEE

6. (1) The Minister shall establish a committee, to be known as the Advisory Committee for International Development Cooperation, the members of which shall be appointed by the Minister in accordance with subsection (3).

(2) The Committee shall advise the Minister in the exercise of his or her powers under this Act and may review, from time to time, any matters relating to development assistance in accordance with the purpose of this Act.

(3) The Committee shall consist of up to twenty members and the Minister shall make all reasonable efforts to ensure that the Committee’s membership

(a) reflects a broad range of experience related to global poverty reduction, international human rights, sustainable development and public awareness of global issues in Canada; and

(b) includes representatives from Canadian non-governmental organizations, religious organizations, the private sector and Parliament.

(4) A member of the Committee shall be appointed to hold office for a term not exceeding four years and is eligible for reappointment for one or more additional terms in the same capacity.

(5) The members of the Committee shall be subject to removal by the Minister at any time for cause.

(6) The members of the Committee shall elect a chairperson and deputy chairperson from among its members.

(7) The members of the Committee may be paid remuneration and expenses for their services in amounts that the Minister may set.

PETITION

7. (1) Where a resident of a developing country believes that the development assist­ance being provided to that country is inconsistent with the purposes of this Act, the resident may make a petition in writing to the Committee specifying the deficiencies to be corrected and the corrective action requested.

(2) When the Committee receives a petition, it shall make a record of the petition and forward the petition to the appropriate competent minister within fifteen days after the day on which it is received.

(3) Within fifteen days after the day on which the competent minister receives the petition from the Committee, the competent minister shall send to the resident who made the petition an acknowledgement of receipt of the petition and shall send a copy of the acknowledgement to the Committee.

(4) The competent minister shall consider the petition, send a reply to the resident who made it, and send a copy of the reply to the Committee,

(a) within 90 days after the day on which the competent minister receives the petition from the Committee; or

(b) within any longer time, if the competent minister, within those 90 days, notifies the resident who made the petition that it is not possible to reply within those 90 days and sends a copy of the notification to the Committee.

(5) The reply shall state any corrective action required by the competent minister and the period within which the action shall be taken as well as the facts and reasons on which the competent minister’s decision was based.

(6) The Committee shall make any examinations and inquiries that the Committee considers necessary in order to monitor the reply sent by the competent minister under subsection (4).

REPORTS

8. The Committee shall submit to the Minister an annual report including, but not limited to,

(a) a description of the results achieved with regard to the implementation of the purpose of this Act;

(b) a description of any petitions received under subsection 7(1) and their status;

(c) a description of any corrective actions required by the competent ministers under subsection 7(5); and

(d) any other matter that the Committee considers necessary.

9. (1) The Minister, after consultation with every competent minister, shall cause to be submitted to each House of Parliament, within six months after the termination of each fiscal year or, if that House is not then sitting, on any of the first five days next thereafter that the House is sitting, a report containing

(a) a description of any activity or initiative taken under this Act;

(b) a summary of the annual report submitted by the Committee under section 8;

(c) a summary of the annual report submitted under the Bretton Woods and Related Agreements Act;

(d) a summary of any representation made by Canadian representatives with respect to priorities and policies of the World Bank and the International Monetary Fund; and

(e) a summary of the Departmental Perform­ance Report of the Canadian International Development Agency.

(2) The Minister shall issue a statistical report on the disbursement of development assistance within one year after the end of each fiscal year.

10. The Minister of Finance shall cause to be submitted to each House of Parliament, on or before September 30 in each year or, if that House is not then sitting, on any of the first 30 days next thereafter that the House is sitting, a report containing

(a) a summary of operations under this Act;

(b) a summary of any representation made by Canadian representatives with respect to the priorities and policies of the Bretton Woods Institutions;

(c) a summary of the manner in which Canada’s activities under the Bretton Woods and Related Agreements Act have contributed to carrying out the purpose of this Act; and

(d) details of any operation that has directly affected Canada, including, but not limited to, the resources and lending of the World Bank Group, the funds subscribed or contributed by Canada, borrowings in Canada and procurement of Canadian goods and services.