GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Foundation for Sustainable Development Technology Act — C-5.5 11
Director representation and experience 11 The appointment of directors shall be made having regard to the following considerations: (a) the need to ensure, as far as possible, that at all times the board will be representative of (i) persons engaged in the development and demonstration of technologies to promote sustainable development, including technologies to address issues related to climate change and the quality of air, water and soil, (ii) the business community, and (iii) not-for-profit organizations; (b) the importance of having a board that is representative of various regions of Canada and includes men and women who are able to contribute to the achievement of the objects and purposes of the Foundation; and (c) the need for a board that has sufficient knowledge of technologies that promote sustainable development. 2001, c. 23, s. 11; 2004, c. 22, s. 13
Canada Foundation for Sustainable Development Technology Act — C-5.5 12
Remuneration and expenses for directors 12 (1) From the funds of the Foundation, the directors (a) may be paid remuneration that is fixed by the Foundation’s by-laws; and (b) are entitled to be paid reasonable travel and living expenses incurred by them in the performance of their duties under this Act while absent from their ordinary place of residence. Directors not to profit (2) Except as provided under subsection (1), no director shall profit or gain any income or acquire any property from the Foundation or its activities.
Canada Foundation for Sustainable Development Technology Act — C-5.5 13
Members of the corporation 13 (1) The persons who are members of the corporation cease to be members of the corporation. Appointing of members (1.1) There shall be 15 members of the Foundation. First members (2) The Governor in Council shall without delay appoint seven persons as members of the Foundation, on the recommendation of the Minister, as proposed by the Minister of Natural Resources and the Minister of the Environment, after consultation with the Minister of Industry. First meeting (3) As soon as possible after the appointment of the seven 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 seven members appointed under subsection (2), or at a meeting held as soon after that meeting as possible, those members shall appoint eight further members of the Foundation. Appointment of first directors under paragraph 9(2)(c) (5) The members shall appoint the first directors under paragraph 9(2)(c) at a meeting held as soon as possible after the eight further members are appointed under subsection (4). Appointment of successor members (6) 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 meeting of members. Filling vacancies (7) 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 meeting of members. Eligibility for members (8) A person is not eligible to be appointed as 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 ordinarily reside in Canada; or (e) is disqualified under subsection 105(1) of the Canada Business Corporations Act . 2001, c. 23, ss. 13, 39
Canada Foundation for Sustainable Development Technology Act — C-5.5 14
Terms of members 14 (1) Subject to subsections (2) and (3), members shall be appointed to hold office during good behaviour for terms not exceeding five years. Removal from office (2) Any member appointed under subsection 13(2) may be removed for cause by the Governor in Council. Any member appointed under subsection 13(4), (6) or (7) may be removed for cause by a special resolution. Continuation in office (3) Except where they cease to be members under subsection (6), members shall continue to hold office until their successors are appointed. Additional terms of office (4) A member is eligible to be reappointed for one or more terms not exceeding five years each. Term of Replacements (5) 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 (6) 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 as a director; (f) becomes an employee or agent of Her Majesty in right of Canada or in right of a province; (g) ceases to be ordinarily resident in Canada; (h) becomes disqualified under subsection 105(1) of the Canada Business Corporations Act ; or (i) is removed from office under subsection (2).
Canada Foundation for Sustainable Development Technology Act — C-5.5 15
Member representation and experience 15 The appointment of members shall be made having regard to the following considerations: (a) the need to ensure, as far as possible, that at all times the membership will be representative of (i) persons engaged in the development and demonstration of technologies to promote sustainable development, including technologies to address issues related to climate change and the quality of air, water and soil, (ii) the business community, and (iii) not-for-profit organizations; (b) the importance of having membership that is representative of various regions of Canada and includes men and women who are able to contribute to the achievement of the objects and purposes of the Foundation; and (c) the need for a membership that has sufficient knowledge of technologies that promote sustainable development. 2001, c. 23, s. 15; 2004, c. 22, s. 14
Canada Foundation for Sustainable Development Technology Act — C-5.5 16
Expenses for members 16 (1) Members shall serve without remuneration but are entitled to be paid from the funds of the Foundation reasonable travel and living expenses incurred by them in the performance of their duties under this Act while absent from their ordinary place of residence. Members not to profit (2) Except as provided under subsection (1), no member shall profit or gain any income or acquire any property from the Foundation or its activities.
Canada Foundation for Sustainable Development Technology Act — C-5.5 17
Staff 17 (1) The board may appoint any officers, employees and agents of the Foundation that it considers 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 and members not employees or agents (3) Directors and members are not eligible to be 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 directors, members, officers, employees or agents of the Foundation, part of the federal public administration. 2001, c. 23, s. 17; 2003, c. 22, s. 224(E)
Canada Foundation for Sustainable Development Technology Act — C-5.5 18
Administrative expenses 18 From 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 reasonable travel and living expenses incurred by them in the performance of their duties under this Act while absent from their ordinary place of residence, and other costs and expenses of carrying on the business of the Foundation.
Canada Foundation for Sustainable Development Technology Act — C-5.5 19
Funding for eligible projects 19 (1) From its funds, the Foundation may provide funding 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 funding, including terms and conditions as to repayment of the funding, intellectual property rights and the maximum amount and proportion of funding for eligible projects to be provided by the Foundation. Agreement with eligible recipient (2) The Foundation shall enter into an agreement with an eligible recipient respecting, among other things, (a) the manner in which the Foundation will make advances in respect of funding to the eligible recipient and when those advances will be made; (b) any terms or conditions on which the funding will be provided, including those terms and conditions referred to in subsection (1); (c) the evaluation of the eligible recipient’s performance in achieving the objectives of the eligible project and the evaluation of the results of the project, including the potential performance of the technology that is developed and demonstrated by the project; and (d) if the eligible recipient is composed of organizations, each of which has legal capacity, the requirement for those organizations to be jointly and severally or solidarily liable for the obligations of that eligible recipient. Foundation not to acquire an interest (3) In providing funding 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 eligible recipient for the project.
Canada Foundation for Sustainable Development Technology Act — C-5.5 20
Donations to Foundation 20 (1) Subject to subsection (3), the Foundation may accept conditional or unconditional donations of money. Use of donations (2) All money donated to the Foundation, and any income arising from the investment of that money, shall be used by the Foundation in carrying out its objects and purposes in accordance with the terms and conditions of any agreement for provision of funding entered into between a donor and the Foundation. 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 if the conditions of a donation of money merely restrict or direct the manner of investing the money until it can be used to provide funding to eligible recipients for eligible projects.
Canada Foundation for Sustainable Development Technology Act — C-5.5 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.
Canada Foundation for Sustainable Development Technology Act — C-5.5 22
Investments 22 (1) Subject to any conditions of a donation restricting the investment of money donated until it can be used to provide funding 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. Incorporation of other corporations (2) 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 (3) Except for the investment of its funds, the Foundation shall not carry on any business for gain or profit and shall not hold or acquire any interest in any corporation or enterprise.
Canada Foundation for Sustainable Development Technology Act — C-5.5 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 or immovables (2) The Foundation shall not purchase or accept a donation of real property or immovables.
Canada Foundation for Sustainable Development Technology Act — C-5.5 24
Delegation by board 24 (1) Subject to subsection (2), the board may delegate to the Chairperson, a committee of directors or an officer of the Foundation any of the powers or rights of the board. Restrictions on delegation (2) The board shall not delegate any power or right of the board (a) to enact, amend or repeal by-laws; (b) to authorize the provision of funding to eligible recipients for eligible projects; (c) to appoint directors to, or fill vacancies on, a committee of the board; (d) to appoint officers of the Foundation or fix their remuneration; (e) to accept donations; (f) to approve the annual financial statements or reports of the Foundation; or (g) to submit to the members any matter requiring the approval of the members.
Canada Foundation for Sustainable Development Technology Act — C-5.5 25
Operating and capital budgets 25 (1) The board shall cause an operating budget and a capital budget to be prepared for each fiscal year of the Foundation and shall submit those budgets to the members for consideration at the annual meeting of members. Books of account (2) The board shall cause books of account and other records to be kept and shall establish financial and management controls, information systems and management practices that will ensure that the business and affairs of the Foundation are carried on, and the financial, human and physical resources of the Foundation are managed effectively, efficiently and economically. Information systems (3) The books of account and other records of the Foundation shall be maintained in a way that will ensure that the assets of the Foundation are properly protected and controlled and that its business and affairs are carried on in compliance with this Act and, in particular, in such a way that they will show (a) descriptions and book values of all investments of the Foundation; and (b) the eligible recipients who have received, or are about to receive, funding from the Foundation in respect of eligible projects, the nature and extent of the projects and the amount of the funding.
Canada Foundation for Sustainable Development Technology Act — C-5.5 26
Auditor 26 (1) At the first meeting of the members, and in any subsequent fiscal year at the annual meeting, the members shall appoint an auditor for the Foundation for the fiscal year and fix, or authorize the board to fix, the auditor’s remuneration. Qualifications of auditor (2) The auditor shall be (a) a natural person who (i) is a member in good standing of an institute or association of accountants incorporated by or under an Act of the legislature of a province, (ii) has at least five years experience at a senior level in carrying out audits, (iii) is ordinarily resident in Canada, and (iv) is independent of the board, the directors, the members and the officers of the Foundation; or (b) a firm of accountants of which the member or employee jointly designated by the board and the firm to conduct the audit of the books and records of the Foundation on behalf of the firm meets the qualifications set out in paragraph (a). Continuation of auditor (3) If an auditor is not appointed at the annual general meeting in any fiscal year, the auditor for the preceding fiscal year continues in office until a successor is appointed. Removal of auditor (4) The members may by a special resolution remove an auditor from office. Ceasing to hold office (5) An auditor ceases to hold office when the auditor (a) dies; (b) resigns; (c) is removed from office under subsection (4); or (d) no longer meets the requirements under subsection (2). Replacement (6) The members may, at a meeting of the members, appoint an auditor to fill any vacancy in the office of the auditor but, if the members fail to fill the vacancy at that meeting or if no meeting of the members is convened without delay after the vacancy occurs, the board may appoint an auditor. Unexpired term (7) An auditor appointed to fill a vacancy in the office holds office for the unexpired term of the predecessor in the office.
Canada Foundation for Sustainable Development Technology Act — C-5.5 27
Auditor’s report 27 The auditor shall, within four months after the end of each fiscal year, complete the audit of the books and records of the Foundation for the fiscal year and submit a report of the audit to the members.
Canada Foundation for Sustainable Development Technology Act — C-5.5 28
Audit committee 28 (1) The board shall appoint an audit committee consisting of not fewer than three directors and fix the duties and functions of the committee. Internal audit (2) In addition to any other duties and functions that it is required to perform, the audit committee shall cause internal audits to be conducted to ensure compliance by the officers and employees of the Foundation with management and information systems and controls established by the board.
Canada Foundation for Sustainable Development Technology Act — C-5.5 29
Annual meeting 29 The board shall call an annual meeting of members not later than six months after the end of each fiscal year of the Foundation for the purpose of (a) examining the audited financial statements and the report of the auditor on those statements for the preceding fiscal year; (b) examining the annual report of the Foundation for the preceding fiscal year; (c) examining the operating budget and the capital budget submitted by the board under subsection 25(1); (d) considering and confirming, rejecting or amending by-laws made by the board or amendments to or the repeal of by-laws made by the board; (e) appointing an auditor under subsection 26(1); and (f) considering any other matter respecting the operations of the Foundation.
Canada Foundation for Sustainable Development Technology Act — C-5.5 30
Annual report 30 (1) The Foundation shall, within five months after the end of each fiscal year, prepare an annual report in both official languages of its activities during the preceding fiscal year and include in the report (a) its financial statements for the year as approved by the board and the report of the auditor respecting those statements; (b) a detailed statement of its investment activities during the year, its investment portfolio as at the end of the year and its investment policies, standards and procedures; (c) a detailed statement of its funding activities; (d) a statement of its plans for fulfilling its objects and purposes for the next year; and (e) an evaluation of the overall results achieved by the funding of eligible projects by the Foundation during the year in review, and since the inception of the Foundation. Consideration of report (2) Before the annual report of the Foundation for a fiscal year is distributed to the public it shall be approved by the board and examined by the members at a meeting of the members. Distribution of report (3) After the annual report of the Foundation for a fiscal year is approved as required under subsection (2), the report shall be made public in accordance with the by-laws of the Foundation and a copy shall be sent to the Minister who shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.
Canada Foundation for Sustainable Development Technology Act — C-5.5 31
Public meeting 31 (1) After it publishes its annual report for a fiscal year, the Foundation shall convene a public meeting at a city in Canada selected by the board to consider the report and other matters relating to the activities of the Foundation during the year. Notice of meeting (2) At least 30 days before the date of a meeting convened under subsection (1) to consider the Foundation’s annual report for a fiscal year, the Foundation shall give notice of the time and place of the meeting in accordance with the by-laws of the Foundation.
Canada Foundation for Sustainable Development Technology Act — C-5.5 32
Property to be divided 32 (1) If the Foundation is wound up or dissolved, its property remaining after its debts and obligations have been satisfied shall be liquidated and the moneys arising from the liquidation shall be distributed among all the eligible recipients that have received funding from the Foundation and that are, as of the day the distribution begins, still carrying on projects to develop and demonstrate new technologies to promote sustainable development, to be used by them for the purpose of those projects. Each of those eligible recipients shall receive an amount that is the same proportion of the moneys arising from the liquidation as the total funding received by that eligible recipient from the Foundation is of the total of all funding that has been provided by the Foundation to all of those eligible recipients. Repayment out of remaining property (2) Despite subsection (1), the Minister may require the Foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the Foundation. 2001, c. 23, s. 32; 2003, c. 15, s. 33
Canada Foundation for Sustainable Development Technology Act — C-5.5 33
Official Languages Act applies 33 The Official Languages Act applies to the Foundation as if it were a federal institution.
Canada Foundation for Sustainable Development Technology Act — C-5.5 34
Mandatory by-laws 34 The Foundation shall include in its by-laws provisions (a) entitling an eligible recipient that has made an application for funding from the Foundation to request the board to make a ruling as to the possible conflict of interest of a director in the consideration or disposal of the application; (b) establishing procedures to be followed by the board in responding to the request and giving the ruling; (c) determining the fiscal year of the Foundation; (d) requiring the creation of advisory committees, including technical advisory committees, and their mandates; and (e) fixing the remuneration for directors.
Canada Foundation for Sustainable Development Technology Act — C-5.5 35
Designation by Governor in Council 35 (1) The Governor in Council may, by order, designate, for the purposes of this Act, any corporation incorporated under the Canada Not-for-profit Corporations Act . Sections 36 to 39 apply (2) If an order is made under subsection (1), sections 36 to 39 apply as of the day on which that order is made. 2001, c. 23, s. 35; 2009, c. 23, ss. 316, 350
Canada Foundation for Sustainable Development Technology Act — C-5.5 Coming into force
Coming into force * 40 This Act comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force March 22, 2002, see SI/2002-57.]
Canada Foundation for Sustainable Development Technology Act — C-5.5 34
$250,000,000 granted 34 From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment and the Minister of Natural Resources, be paid and applied a sum not exceeding two hundred and fifty million dollars for payment to the Canada Foundation for Sustainable Development Technology for its use.
Canada Fund for Africa Act — C-5.7 1
Short title 1 This Act may be cited as the Canada Fund for Africa Act .
Canada Fund for Africa Act — C-5.7 2
Definition of “Minister” 2 In this Act, Minister means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this Act.