C-407
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-407
An Act to amend the Financial Administration Act (gender balanced representation)
first reading, March 8, 2012
Ms. Mathyssen
411440
SUMMARY
This enactment amends the Financial Administration Act to achieve balanced representation in the number of women and men serving as directors on boards of parent Crown corporations by requiring that the proportion of each sex on those boards is not less than 40 per cent.
The enactment provides that the obligation to achieve parity of each sex takes effect incrementally, at the end of three-year and six-year periods.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-407
An Act to amend the Financial Administration Act (gender balanced representation)
Preamble
Whereas women in Canada continue to be under-represented on the boards of directors of corporations;
Whereas a growing body of research has shown that gender-diverse corporate boards are more effective, perform better, access the widest talent pool, are more responsive to the market and lead to better decision-making;
Whereas the majority of parent Crown corporations have many more men than women appointed as directors, with women representing only 27% of directors appointed;
Whereas women are active participants in the democratic government of the country, both as voters and as politicians, and should have balanced representation in the management of parent Crown corporations;
Whereas there are many women in Canada who have the qualifications and experience to act on boards of directors;
And whereas women should be provided with equal opportunity to be appointed to the boards of directors of parent Crown corporations;
R.S., c. F-11
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Financial Administration Act is amended by adding the following after section 105:
Gender parity requirement
105.1 (1) Subject to subsection (2), the composition of the board of directors of a parent Crown corporation shall be such that the proportion of directors of each sex is not less that forty per cent.
Board of eight members
(2) When the board of directors of a parent Crown corporation consists of no more than eight members, the difference between the number of directors of each sex may not be greater than two.
Application
105.2 (1) Subject to subsection (2), section 105.1 applies to a parent Crown corporation as of March 31 of the sixth year after the day on which that section comes into force.
Interim measure
(2) The proportion of directors of each sex provided for in subsection 105.1(1) may not be less than twenty per cent as of the third year after the coming into force of that subsection.
Invalid appointment
105.3 Any appointment of a director of a parent Crown corporation in violation of section 105.1 is invalid and the vacant position shall be filled without delay by the appropriate Minister, with the approval of the Governor in Council.
Validity of acts
105.4 An act of the board of directors of a parent Crown corporation to which section 105.1 applies is not invalid on the sole ground that the composition of the board is not in compliance with that section.
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