GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Budget Implementation Act, 1995 — B-9.8 23
Coming into force 23 Sections 11 to 22 come into force, or are deemed to have come into force, on August 1, 1995.
Budget Implementation Act, 1995 — B-9.8 27
Transitional provision 27 No payments may be made out of the Consolidated Revenue Fund in respect of a movement of goods that was eligible for assistance under the Atlantic Region Freight Assistance Act or the Maritime Freight Rates Act where (a) the movement originates after June 30, 1995; or (b) the claim in respect of the payment is made after September 1, 1995.
Budget Implementation Act, 1995 — B-9.8 28
Statutory payments to railway companies for 1994-95 crop year 28 (1) The Minister of Transport shall pay to railway companies any amount that the Minister would have been required to pay after July 31, 1995 under subsections 56(1) and 57(1) of the Western Grain Transportation Act in respect of the crop year beginning August 1, 1994 and ending July 31, 1995 if that Act had not been repealed. Payments under agreements (2) The Minister of Transport shall pay any amount that the Minister would have been required to pay after July 31, 1995 under an agreement entered into under section 60 of the Western Grain Transportation Act in respect of the crop year beginning August 1, 1994 and ending July 31, 1995 if that Act had not been repealed. Deadline for payments (3) Payments required by subsection (1) or (2) shall be made no later than October 29, 1995.
Budget Implementation Act, 1995 — B-9.8 29
Transition Act 29 The Western Grain Transition Payments Act set out in Schedule II is enacted.
Budget Implementation Act, 1995 — B-9.8 45
45 (1) [Amendment] (2) A reference in any Act, regulation, agreement or other instrument to the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act is, except where the context otherwise requires, deemed to be a reference to the Federal-Provincial Fiscal Arrangements Act .
Budget Implementation Act, 1995 — B-9.8 65
Termination of payments 65 No payment may be made under the Act after March 31, 1999.
Budget Implementation Act, 1997 — B-9.81
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Budget Implementation Act, 1997 — B-9.81 1
Short title 1 This Act may be cited as the Budget Implementation Act, 1997 .
Budget Implementation Act, 1997 — B-9.81
auditor means the auditor for the foundation appointed under section 26. ( vérificateur )
Budget Implementation Act, 1997 — B-9.81
board means the board of directors of the foundation. ( conseil )
Budget Implementation Act, 1997 — B-9.81
Chairperson means the Chairperson of the board appointed under subsection 9(2). ( président )
Budget Implementation Act, 1997 — B-9.81
director means a person who is on the board and includes the Chairperson. ( administrateur )
Budget Implementation Act, 1997 — B-9.81 (a)
eligible project means (a) a project carried on, or to be carried on, by an eligible recipient for the modernization, acquisition, development, operation or maintenance of research infrastructure by the recipient in Canada; or (b) the purchasing by an eligible recipient of access to a world-leading research facility located outside Canada or to a major international collaborative research project, including the purchasing of such access by means of a contribution toward a portion of capital costs. ( travaux admissibles )
Budget Implementation Act, 1997 — B-9.81 (a)
eligible recipient means (a) a hospital, university or post-secondary college or educational institution that is situated in Canada and that carries on, or in the opinion of a majority of the directors is capable of carrying on, meaningful research; or (b) a non-profit organization or a trust the activities of which are primarily carried on in Canada and that carries on, or in the opinion of a majority of the directors is capable of carrying on, meaningful research. ( bénéficiaire admissible )
Budget Implementation Act, 1997 — B-9.81
employee or agent of Her Majesty in right of a province does not include an employee or agent of Her Majesty in right of a province whose duties and functions as such an employee or agent are restricted to work in a university, a college or other educational institution or a hospital. ( employé ou mandataire de Sa Majesté du chef d’une province )
Budget Implementation Act, 1997 — B-9.81
fiscal year means the fiscal year of the foundation as determined in accordance with its by-laws. ( exercice )
Budget Implementation Act, 1997 — B-9.81
foundation means the Canada Foundation for Innovation established by section 3. ( fondation )
Budget Implementation Act, 1997 — B-9.81
member means a person who is a member of the foundation. ( membre )
Budget Implementation Act, 1997 — B-9.81
Minister means the Minister of Industry. ( ministre )
Budget Implementation Act, 1997 — B-9.81
non-profit organization means a corporation, society, association, organization or body no part of whose income is payable to or otherwise available for the personal benefit of any of its proprietors, members or shareholders. ( organisation sans but lucratif )
Budget Implementation Act, 1997 — B-9.81 (a)
research means the attempt by careful scientific or technical enquiry, experimentation, study, observation, analysis and recording to discover new facts, knowledge and information, to develop new interpretations of facts, knowledge or information, or to discover new means of applying existing knowledge, relating to (a) a science; (b) health; (c) engineering; or (d) the environment. ( recherche )
Budget Implementation Act, 1997 — B-9.81
research infrastructure means equipment, specimens, scientific collections, computer software, information databases, communications linkages and other intangible property used or to be used primarily for carrying on research, including housing and installations essential for the use and servicing of those things. ( infrastructure de recherche )
Budget Implementation Act, 1997 — B-9.81
special resolution of the members means a resolution passed by a majority of not less than two thirds of the votes cast by the members who voted on the resolution at a meeting of the members or signed by all the members entitled to vote on the resolution. ( résolution extraordinaire )
Budget Implementation Act, 1997 — B-9.81 3
Foundation incorporated 3 A corporation without share capital is established to be called the Canada Foundation for Innovation consisting of the members of the foundation and the directors.
Budget Implementation Act, 1997 — B-9.81 4
Foundation not agent of Her Majesty 4 The foundation is not an agent of Her Majesty.
Budget Implementation Act, 1997 — B-9.81 5
Objects and purposes of foundation 5 The objects and purposes of the foundation are to make grants to eligible recipients for eligible projects to increase Canada’s capability of carrying on high quality research. 1997, c. 26, s. 5; 2001, c. 11, s. 2
Budget Implementation Act, 1997 — B-9.81 6
Capacity 6 For the purposes of carrying out its objects and purposes, the foundation has the capacity and, subject to this Part, the rights, powers and privileges of a natural person.
Budget Implementation Act, 1997 — B-9.81 7
Head office 7 The head office of the foundation shall be in the National Capital Region described in the schedule to the National Capital Act .
Budget Implementation Act, 1997 — B-9.81 8
Canada Not-for-profit Corporations Act 8 (1) The Canada Not-for-profit Corporations Act does not apply to the foundation. Canada Business Corporations Act (2) The following provisions of the Canada Business Corporations Act apply, with such modifications as the circumstances require, to the foundation and its directors, members, officers and employees as if the foundation were a corporation incorporated under that Act, this Part were its articles of incorporation and its members were its shareholders: (a) section 16 (by-law not required to confer powers on foundation, restriction on powers of foundation, and validity of acts of foundation); (b) subsection 21(1) (access to foundation’s records by members and creditors); (c) section 23 (corporate seal not needed to validate instrument); (d) subsections 103(1) to (4) (powers of directors to make and amend by-laws, members’ approval of by-laws and effective date of by-laws); (e) subsection 105(1) (qualifications of directors); (f) subsection 108(2) (resignation of director); (g) section 110 (right of director to attend members’ meeting and statements by retiring directors); (h) subsections 114(1) and (2) (place of directors’ meetings and quorum); (i) section 116 (validity of acts of directors and officers); (j) section 117 (validity of directors’ resolutions not passed at meeting); (k) section 120 (conflict of director’s interests); (l) subsection 122(1) (duty of care of directors and officers); (m) section 123 (directors’ dissents); (n) subsections 124(1) to (6) (indemnification of directors and insurance for director’s liability); (o) section 155 (financial statements); (p) section 158 (approval of financial statements by directors); (q) section 159 (sending financial statements to members before annual meeting and penalty for failure); (r) section 161 (qualifications of auditor); (s) section 168 (rights and duties of auditor); (t) section 169 (examinations by auditor); (u) section 170 (right of auditor to information); (v) subsections 171(3) to (9) (duty and administration of audit committee and penalty for failure to comply); (w) section 172 (qualified privilege in defamation for auditor’s statements); and (x) subsections 257(1) and (2) (certificates of foundation as evidence). Description with cross-references (3) The descriptive words in parentheses that follow the reference to a provision of the Canada Business Corporations Act in subsection (2) form no part of that subsection but are inserted for convenience of reference only. 1997, c. 26, s. 8; 2001, c. 14, s. 235; 2009, c. 23, ss. 307, 342
Budget Implementation Act, 1997 — B-9.81 9
Board of directors 9 (1) There shall be a board of directors of the foundation which shall supervise the management of the business and affairs of the foundation and, subject to the by-laws of the foundation, exercise all its powers. Appointment of directors (2) Subject to subsection (3), the board consists of (a) a Chairperson of the board, who is resident in Canada, appointed by the Governor in Council on the recommendation of the Minister; (b) five persons, who are resident in Canada, appointed by the Governor in Council on the recommendation of the Minister; and (c) seven persons, who are resident in Canada and none of whom are employees or agents of Her Majesty in right of Canada or in right of a province or members of the Senate, the House of Commons or the legislature of a province, appointed by the members in accordance with the by-laws of the foundation. Initial organization (3) Where the Chairperson is appointed before directors are appointed under paragraph (2)(c), the Chairperson and such other directors, if any, as may have been appointed under paragraph (2)(b) constitute the board until directors are appointed under paragraph (2)(c) and may (a) undertake the organization of the foundation including the appointment of officers and employees; (b) make banking arrangements for the foundation; (c) enact organizational by-laws for the foundation; and (d) receive on behalf of the foundation any moneys paid to the foundation. Limitation on initial organization (4) Until directors are appointed under paragraph (2)(c), the board shall not make any grants from or out of the funds of the foundation or enter into any agreements or arrangements, or review any applications, for or in respect of grants to be made from or out of the funds of the foundation. Foundation not owned by Crown (5) The operation of the foundation under subsection (3) by the Chairperson and directors, if any, appointed under paragraph (2)(b) shall not, notwithstanding subsection 83(2) of the Financial Administration Act , result in the foundation being considered, for the purposes of Part X of that Act or for any other purpose, to be wholly owned directly by Her Majesty in right of Canada. 1997, c. 26, s. 9; 2010, c. 12, s. 1658
Budget Implementation Act, 1997 — B-9.81 10
Terms of office of Governor in Council appointees 10 (1) The Chairperson and the directors appointed under paragraph 9(2)(b) shall be appointed to hold office during pleasure for terms of three years but, except where they cease to be directors under subsection (4), they shall continue to hold office until their successors are appointed. Terms of office of other directors (2) The directors appointed under paragraph 9(2)(c) by the members shall hold office for terms of three years, but they may be removed from office by a special resolution of the members and, except where they cease to be directors under subsection (4), they shall continue to hold office until their successors are appointed. Additional terms of office (3) A director is eligible to be reappointed for one or more additional terms of office. Ceasing to be director (4) A director ceases to be a director when (a) the director (i) dies, (ii) resigns, (iii) ceases to be resident in Canada, or (iv) becomes disqualified under subsection 105(1) of the Canada Business Corporations Act ; (b) in the case of a director appointed by the Governor in Council, the appointment is terminated by the Governor in Council before the expiry of the term of the appointment; or (c) in the case of a director appointed by the members, the director (i) is removed from office before the expiry of the term of the appointment by a special resolution of the members, (ii) is appointed to the Senate, (iii) is elected to the House of Commons or the legislature of a province, or (iv) becomes an employee or agent of Her Majesty in right of Canada or in right of a province.
Budget Implementation Act, 1997 — B-9.81 11
Director representation 11 The appointment of directors shall be made (a) to ensure, as far as possible, that at all times approximately one half of the directors will be representative of persons engaged in research and one half representative of the business community or non-profit organizations; and (b) having regard to the desirability of having directors drawn from various regions of Canada. 1997, c. 26, s. 11; 2001, c. 34, s. 7(F)
Budget Implementation Act, 1997 — B-9.81 12
Remuneration for directors 12 (1) From and out of the funds of the foundation, the directors may be paid remuneration for acting as directors in amounts determined by the board not exceeding maximum amounts prescribed by regulation and they may be reimbursed for any reasonable out-of-pocket expenses incurred by them in performing their duties or attending meetings of the board or of members. Directors not to profit (2) Except as provided in subsection (1), no director shall profit or gain any income or acquire any property from the foundation or its activities.
Budget Implementation Act, 1997 — B-9.81 13
Membership 13 (1) There shall be fifteen members of the foundation. First members (2) Upon this Act receiving royal assent, the Governor in Council, on the recommendation of the Minister, shall without delay appoint six persons as members of the foundation. First meeting (3) As soon as possible after the appointment of the six members under subsection (2), the Minister shall make arrangements for a first meeting of those members. Appointing balance of first members (4) At the first meeting of the six members appointed under subsection (2), or at a meeting held as soon after that meeting as possible, those members shall appoint nine further members of the foundation. Appointment of successor members (5) The appointment of a person as a member to succeed a person whose term as a member expires shall be made by the members at a general meeting of members. Filling vacancies (6) The appointment of a person as a member to fill a vacancy in the membership caused by a person ceasing to be a member before the member’s term as a member expires shall be made by the members at a general meeting of members. Eligibility for members (7) A person is not eligible to be appointed a member if the person (a) is a member of the Senate, the House of Commons or the legislature of a province; (b) is an employee or agent of Her Majesty in right of Canada or in right of a province; (c) is a director; (d) does not reside in Canada; or (e) does not meet the qualifications set out in subsection 105(1) of the Canada Business Corporations Act .
Budget Implementation Act, 1997 — B-9.81 14
Terms of members 14 (1) Subject to subsection (2), the members shall be appointed to hold office for terms of five years, but they may be removed from office by a special resolution of the members and, except where they cease to be members under subsection (5), they shall continue to hold office until their successors are appointed. Terms of first members (2) Of the members appointed under subsections 13(2) and (4), one-third shall be appointed for terms of five years, one-third shall be appointed for four years and one-third shall be appointed for three years but, except where they cease to be members under subsection (5), they shall continue to hold office until their successors are appointed. Additional terms of office (3) A member is eligible to be reappointed for one or more terms of office. Replacements (4) A person appointed to fill a vacancy in the office of a member who has ceased to hold the office before the expiry of the member’s term of office shall be appointed to hold office for the unexpired portion of that term. Ceasing to be member (5) A member ceases to be a member when the member (a) dies; (b) resigns; (c) is appointed to the Senate; (d) is elected to the House of Commons or to the legislature of a province; (e) is appointed a director; (f) becomes an employee or agent of Her Majesty in right of Canada or in right of a province; (g) no longer meets the qualifications set out in subsection 105(1) of the Canada Business Corporations Act ; or (h) is removed from office by a special resolution of the members.
Budget Implementation Act, 1997 — B-9.81 15
Member representation 15 The appointment of members shall be made (a) to ensure, as far as possible, that at all times approximately one half of the members will be representative of persons engaged in research and one half representative of the business community or non-profit organizations; and (b) having regard to the desirability of having members drawn from various regions of Canada.
Budget Implementation Act, 1997 — B-9.81 16
No remuneration for members 16 (1) The members are not entitled to be paid any remuneration for acting as members but they may be reimbursed for any reasonable out-of-pocket expenses incurred by them in performing their duties or attending meetings of the members. Members not to profit (2) Except as provided in subsection (1), no member shall profit or gain any income or acquire any property from the foundation or its activities.
Budget Implementation Act, 1997 — B-9.81 17
Staff 17 (1) The board may appoint such officers, employees and agents of the foundation as they consider necessary to carry out the objects and purposes of the foundation. Designation of offices (2) Subject to the by-laws of the foundation, the board may designate the offices of the foundation and specify the duties and functions of each office. Directors not employees or agents (3) Directors and members are not eligible to be employed as employees or agents of the foundation. Not part of public service of Canada (4) The directors, members, officers, employees and agents of the foundation are not, because of being a director, member, officer, employee or agent of the foundation, part of the federal public administration. 1997, c. 26, s. 17; 2003, c. 22, s. 224(E)
Budget Implementation Act, 1997 — B-9.81 18
Administrative expenses 18 From and out of its funds, the foundation may pay salaries and wages of its officers and employees, rent for its accommodation, remuneration for its directors and agents, reimbursement to the directors and members for their reasonable out-of-pocket expenses, and other costs and expenses of carrying on the business of the foundation.
Budget Implementation Act, 1997 — B-9.81 19
Assistance for eligible projects 19 (1) From and out of its funds, the foundation may make grants to eligible recipients to be used by them solely for the purposes of eligible projects in accordance with any terms and conditions specified by the foundation in respect of the grants. Limits on financial assistance (2) In making grants to an eligible recipient in respect of an eligible project, the foundation shall not acquire any interest, whether through the acquisition of share capital, a partnership interest or otherwise, in any research infrastructure acquired by the recipient for the project. Agreements relating to assistance (3) For the purpose of assisting an eligible recipient in completing an eligible project, the foundation may enter into agreements with the recipient respecting, among other things, the manner in which the foundation will make advances in respect of a grant to the recipient, when those advances will be made and any terms or conditions on which the grant will be made.
Budget Implementation Act, 1997 — B-9.81 20
Donations to foundation 20 (1) Subject to subsection (3), the foundation may accept donations of money. Use of donations (2) All money donated to the foundation, and any income arising from the investment of the money, shall be used by the foundation in carrying out its objects and purposes. Conditional donations (3) The foundation shall not accept a donation of money that is made on the condition that the foundation use the money or any income arising from the investment of the money for any purpose that is not within the objects and purposes of the foundation. Exception (4) Subsection (3) does not apply where the conditions of a donation of money merely restrict or direct the manner of investing the money until it can be used to make grants to eligible recipients for eligible projects.
Budget Implementation Act, 1997 — B-9.81 21
Investment policies 21 The board shall establish investment policies, standards and procedures that a reasonably prudent person would apply in respect of a portfolio of investments to avoid undue risk of loss and obtain a reasonable return, having regard to the foundation’s obligations and anticipated obligations.
Budget Implementation Act, 1997 — B-9.81 22
Investments 22 (1) Subject to any conditions of a donation restricting the investment of the money donated until it can be used to make grants to eligible recipients for eligible projects, the foundation shall invest its funds, and reinvest any income from those funds, in accordance with the investment policies, standards and procedures established by the board. Restriction (2) The foundation shall not invest its funds in, or acquire any right in any property of, an eligible recipient that has received, is about to receive or has applied for a grant from the foundation. Incorporation of other corporations (3) The foundation shall not cause any corporation to be incorporated or participate in the incorporation of a corporation or become a partner in a partnership. Control of corporation (4) The foundation shall not carry on any business for gain or profit otherwise than in the investment of its funds, and shall not hold or acquire a controlling interest in any corporation or enterprise.
Budget Implementation Act, 1997 — B-9.81 23
Borrowing prohibited 23 (1) The foundation shall not borrow money, issue any debt obligations or securities, give any guarantees to secure a debt or other obligation of another person or mortgage, pledge or otherwise encumber property of the foundation. Real property (2) The foundation shall not purchase or accept a donation of real property.