Order Amending Part III of Schedule VI to the Financial Administration Act: SOR/2025-85
Canada Gazette, Part II, Volume 159, Number 7
Registration
SOR/2025-85 March 6, 2025
FINANCIAL ADMINISTRATION ACT
P.C. 2025-291 March 6, 2025
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice makes the annexed Order Amending Part III of Schedule VI to the Financial Administration Act under paragraph 3(10)(b)footnote a of the Financial Administration Act footnote b.
Order Amending Part III of Schedule VI to the Financial Administration Act
Amendment
| Column I Department |
Column II Accounting Officer |
|---|---|
| Miscarriage of Justice Review Commission Commission d’examen des erreurs du système judiciaire |
Chief Commissioner |
Coming into Force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
An amendment is needed to Part III of Schedule VI to the Financial Administration Act to add the Miscarriage of Justice Review Commission under Column I, and to add the Chief Commissioner as the Accounting Officer under Column II, to coincide with the coming into force of certain parts of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law).
Background
On December 17, 2024, Bill C-40, the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law), received royal assent. The reforms in the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) replace the existing ministerial miscarriage of justice review process in Part XXI.1 of the Criminal Code with an independent Commission-led process to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. Only sections 1 and 4 and 14 to 18 of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) are being brought into force, i.e., those that establish the Miscarriage of Justice Review Commission as a new federal institution and allow other necessary implementation steps to be taken to prepare the Commission before the launch into operation.
Pursuant to section 15 of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law), the Miscarriage of Justice Review Commission is added under Column I in Schedule I.1 to the Financial Administration Act, as a new division or branch of the federal public administration. As a new division or branch of the federal public administration, the Miscarriage of Justice Review Commission will be a “department” for the purposes of the Financial Administration Act, including Part I.1 of that Act dealing with Internal Audit and Accounting Officers, and its related Schedule VI.
Objective
The purpose of this Order is to amend Part III of Schedule VI to the Financial Administration Act to add the Miscarriage of Justice Review Commission under Column I, and to add the Chief Commissioner as the Accounting Officer under Column II, to coincide with the coming into force of certain parts of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law).
Description
This Order is being made as a consequence of the coming into force of sections 1, 4, and 14 to 18 of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law). Ensuring that the Miscarriage of Justice Review Commission is added in all relevant Acts, including the Financial Administration Act and Schedule VI to that Act, is part of the current implementation plan.
Adding the Miscarriage of Justice Review Commission and the Chief Commissioner as the Accounting Officer in Schedule VI to the Financial Administration Act at this time will complete the framework for accountability to Parliament as it applies to a division or branch of the federal public administration. This Order would ensure that the designation of the Chief Commissioner of the Miscarriage of Justice Review Commission is made in Schedule VI to the Financial Administration Act before appropriations are approved for the Miscarriage of Justice Review Commission.
Regulatory development
Consultation
No consultations were undertaken on this Order given that it is being made as a consequence of the coming into force of sections 1 and 4 and 14 to 18 of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) and to ensure that the Miscarriage of Justice Review Commission and the Chief Commissioner are added in all relevant Acts, including the Financial Administration Act and Schedule VI to that Act. The Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) resulted from extensive consultations with provinces and territories, stakeholders, organizations, communities, legal practitioners, and existing commissions in other countries. Due to the non-substantive nature of the amendment, it was not prepublished in the Canada Gazette, Part I.
Indigenous engagement, consultation and modern treaty obligations
No impacts have been identified in respect of the Government’s obligations in relation to Indigenous rights or its modern treaty obligations.
Instrument choice
A regulatory instrument is the only option to add the Miscarriage of Justice Review Commission and the Chief Commissioner in Part III of Schedule VI to the Financial Administration Act.
Regulatory analysis
Benefits and costs
The coming into force of sections 1 and 4 and 14 to 18 of the Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law) will establish the new Miscarriage of Justice Review Commission. Without this Order, there would be a gap in the framework for accountability to Parliament with respect to the administration and delivery of the miscarriage of justice review process.
This Order completes the federal accountability framework by adding the Miscarriage of Justice Review Commission as a department, and the Chief Commissioner as the Accounting Officer, for the purposes of Schedule VI to the Financial Administration Act. As the Accounting Officer, the Chief Commissioner will be responsible for ensuring that an internal audit capacity appropriate to the needs of the Commission is in place, as is the case for all deputy heads of federal institutions. Consistent with the annual reporting requirement in 696.87(1) of the Criminal Code, the Chief Commissioner will also be accountable to, and appear before, the appropriate committees of the Senate and the House of Commons for the delivery of the Commission’s programs and the performance of the Commission’s duties. As a result of this Order, the Chief Commissioner will be responsible for reporting to Parliament rather than the Minister of Justice. The Commission’s annual reports would be tabled in Parliament through the Minister of Justice. As such, there are minimal costs associated with this proposal. Benefits include ensuring that accountability to Parliament is assigned to a dedicated authority, namely the Chief Commissioner.
Small business lens
The small business lens does not apply as there are no associated costs for small businesses.
One-for-one rule
The one-for-one rule does not apply as there is no incremental change in administrative burden on businesses.
Regulatory cooperation and alignment
This Order is intended to ensure alignment of the new Miscarriage of Justice Review Commission and the Chief Commissioner within the federal financial infrastructure system.
International obligations
The scope of this Order is limited to internal federal financial administration. It does not raise issues with respect to international obligations.
Effects on the environment
In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a Strategic Environmental and Economic assessment is not required.
Gender-based analysis plus
The scope of this Order is limited to internal federal financial administration. No gender-based analysis plus (GBA+) impacts have been identified for this proposal.
Implementation, compliance and enforcement, and service standards
This Order will come into force on the day on which it is registered. At this initial step in the implementation plan to establish the Miscarriage of Justice Review Commission in all relevant Acts, the Order includes the Miscarriage of Justice Review Commission as a department, and the Chief Commissioner as the Accounting Officer, in Part III of Schedule VI to the Financial Administration Act. The implementation phase will include setting up accounts in the federal financial infrastructure in preparation for an eventual appropriation to the Commission and the appointment, by the Governor in Council, of a Chief Commissioner, as the Commission’s Chief Executive Officer and Accounting Officer.
Contact
Julie Besner
Senior Counsel
Public Law and Legislative Services Sector
Department of Justice Canada
Email: julie.besner@justice.gc.ca