Law:Canadian Centre on Substance Abuse Act

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R.s.c., 1985, c. 49 (4th Supp.)

An Act to establish the Canadian Centre on Substance Abuse

(1988, c. 58, assented to 13th September, 1988)

Contents

Short Title

Short title

1. This Act may be cited as the Canadian Centre on Substance Abuse Act.


Centre Established

Centre established

2. There is hereby established a corporation to be known as the Canadian Centre on Substance Abuse, in this Act referred to as the “Centre”.


Purpose Of The Centre

Purpose of the Centre

3. The purpose of the Centre is to promote increased awareness on the part of Canadians of matters relating to alcohol and drug abuse and their increased participation in the reduction of harm associated with such abuse, and to promote the use and effectiveness of programs of excellence that are relevant to alcohol and drug abuse by

(a) promoting and supporting consultation and co-operation among governments, the business community and labour, professional and voluntary organizations in matters relating to alcohol and drug abuse;

(b) contributing to the effective exchange of information on alcohol and drug abuse;

(c) facilitating and contributing to the development and application of knowledge and expertise in the alcohol and drug abuse field;

(d) promoting and assisting in the development of realistic and effective policies and programs aimed at reducing the harm associated with alcohol and drug abuse; and

(e) promoting increased awareness among Canadians of the nature and extent of international efforts to reduce alcohol and drug abuse and supporting Canada’s participation in those efforts.


Capacity And Powers

Capacity and powers

4. The Centre has the capacity of a natural person and may do anything conducive to the fulfilment of its purpose and to the exercise of its powers and, without restricting the generality of the foregoing, the Centre may

(a) review and provide informed comment on policies and programs related to alcohol and drug abuse in consultation with governments, the business community and labour, professional and voluntary organizations;

(b) facilitate and assist cooperative efforts among governments, the business community and labour, professional and voluntary organizations, in respect of policy and program initiatives in the alcohol and drug abuse field;

(c) institute and support programs and activities in collaboration with governments, the business community and labour, professional and voluntary organizations;

(d) initiate, sponsor and support conferences, seminars and meetings, and support and assist those of governments, the business community and labour, professional and voluntary organizations;

(e) establish, maintain and operate information systems and facilities to encourage and support the exchange of information of all kinds relating to alcohol and drug abuse policies, programs and research and cooperate with operators of existing systems and facilities including governments, educational institutions and libraries;

(f) initiate, support and publish studies, reports and other documentation promoting the development and exchange of knowledge and expertise;

(g) institute, support and assist the award of scholarships and fellowships and otherwise support and promote basic and advanced training in matters relating to addictions and such other activities as will contribute to the continued improvement of services in Canada relating to addictions;

(h) initiate, promote, assist and evaluate research and publish and otherwise disseminate associated findings; and

(i) acquire any property, money or securities by gift, bequest or otherwise, and hold, expend, invest, administer or dispose of any such property, money or securities subject to the terms, if any, on which such property, money or securities are given, bequeathed or otherwise made available to the Centre.

Capacity throughout Canada

5. The Centre may carry on its activities throughout Canada.


Organization

Board of Directors

6. The affairs of the Centre shall be managed by a Board of Directors, in this Act referred to as the “Board”, consisting of a Chairman and not more than fourteen other directors appointed as provided in sections 7 and 8 whose backgrounds or experience would assist the Centre in the fulfilment of its purpose.

First Board

7. The first Board shall consist of the Chairman and five other directors to be appointed by the Governor in Council to hold office during pleasure.

Appointment to the Board

8. Except for the first directors appointed pursuant to section 7, vacant positions on the Board shall be filled as follows:

(a) the Chairman and up to five other directors may be appointed by the Governor in Council to hold office during pleasure after consultation by the Minister of Health with the Board; and

(b) up to nine directors may be appointed by the Board, to hold office during pleasure of the Board, after consultations with the governments of the provinces and with such individuals and organizations representative of the business community and labour, professional and voluntary organizations having a particular interest in alcohol and drug abuse as the Board considers appropriate.

R.S., 1985, c. 49 (4th Supp.), s. 8; 1996, c. 8, s. 32.

Term of office

9. (1) The term of office of the Chairman and of every other director appointed as provided in sections 7 and 8 shall be such term, not exceeding three years, as is specified in the instrument of appointment.

Idem

(2) The terms of office of directors referred to in subsection (1) shall be such as to ensure, in so far as is possible, the expiration in any year of not more than one-half of the terms of office of the directors.

Re-appointment

10. Every director, including the Chairman, whose term of office has expired is eligible for re-appointment to the Board in the same or another capacity, but no person may be appointed to the Board more than three times.


General

Role of Chairman

11. The Chairman shall preside at meetings of the Board and may perform such other duties as are assigned by the Board.

Vice-Chairman

12. The Board may elect from among its members a Vice-Chairman who, in the event of the absence or incapacity of the Chairman, or if the office of Chairman is vacant, has and may exercise and perform all the duties and functions of the Chairman.

Principal office

13. The principal office of the Centre shall be in the National Capital Region described in the schedule to the National Capital Act, or in such other place in Canada as may be designated by the Governor in Council.

Meetings

14. The Board shall meet at such times and places as the Chairman deems necessary, but it shall meet at least twice in each year, with at least one meeting at the principal office of the Centre.

Attendance at meetings

15. The Deputy Minister of Health and the Deputy Minister of Public Safety and Emergency Preparedness, or a delegate of each of those Deputy Ministers, are entitled to receive notice of all meetings of the Board and any of its committees and to attend and take part in, but not to vote at, those meetings.

R.S., 1985, c. 49 (4th Supp.), s. 15; 1996, c. 8, s. 33; 2005, c. 10, s. 11.

Previous VersionCertain provisions applicable

16. Subsection 16(3), section 120, subsection 122(1) and section 124 of the Canada Business Corporations Act, respectively relating to the validity of certain acts of corporations, the duty of directors and officers to disclose certain interests, the standard of conduct applying to directors and officers and the authority of corporations to indemnify directors and officers, apply, with such modifications as the circumstances require, to the Centre and its directors and officers.

R.S., 1985, c. 49 (4th Supp.), s. 16; 1994, c. 24, s. 34(F).


Officers And Staff

Chief Executive Officer

17. The Board shall, subject to the approval of the Governor in Council, appoint a Chief Executive Officer of the Centre, to hold office during pleasure, who shall have supervision over and direction of the activities and staff of the Centre.

Acting Chief Executive Officer

18. The Board may authorize any member of the Board or any officer or employee of the Centre to act as Chief Executive Officer of the Centre in the event that the Chief Executive Officer is absent or incapacitated or if the office of Chief Executive Officer is vacant, but no such authorization is valid for more than one hundred and eighty days unless approved by the Governor in Council.

Attendance at meetings

19. The Chief Executive Officer is entitled to receive notice of all meetings of the Board and any committees thereof and to attend and take part in, but not vote at, such meetings.

Staff

20. The Centre may employ or engage such officers, agents and employees as it considers necessary for the proper conduct of the work of the Centre.


Remuneration And Expenses

Chairman and other directors

21. The Chairman and the other directors shall serve without remuneration, but may be paid such reasonable travel and living expenses in connection with the activities of the Centre as are fixed by by-law of the Board.

Remuneration of Chief Executive Officer

22. (1) The Chief Executive Officer shall be paid such remuneration as is fixed by the Board with the approval of the Governor in Council.

Expenses of Chief Executive Officer

(2) The Chief Executive Officer is entitled to be paid such reasonable travel and living expenses incurred in the performance of duties as Chief Executive Officer as are fixed by by-law of the Board.

Acting Chief Executive Officer

23. An acting Chief Executive Officer shall be paid such remuneration and expenses as are fixed by the Board.


Committees

Committees

24. The Board may appoint an Executive Committee from among the directors, and advisory and other committees of directors or wholly or partly of persons who are not directors, under such terms and conditions as are fixed by by-law of the Board.


By-laws

By-laws

25. The Board may make by-laws respecting the conduct and management of the affairs of the Centre and without restricting the generality of the foregoing, respecting

(a) the procedure in respect of all business at meetings of the Board and of any committees appointed pursuant to section 24;

(b) quorums at meetings of the Board and of any committees appointed pursuant to section 24;

(c) any expenses to be paid to the members of the Board;

(d) the constitution of any committees appointed pursuant to section 24, the role and duties of the committees and the expenses, if any, to be paid to the members of those committees; and

(e) the employment or engagement and the remuneration, expenses and duties of officers, agents and employees.


Status Of Centre

Not agent of Her Majesty

26. The Centre is not an agent of Her Majesty in right of Canada and the Chairman, the other directors, the Chief Executive Officer and the other officers and employees of the Centre are not part of the federal public administration.

R.S., 1985, c. 49 (4th Supp.), s. 26; 2003, c. 22, s. 224(E)

Previous VersionRegistered charity

27. The Centre shall, for the purposes of the Income Tax Act, be deemed to be a registered charity within the meaning of that expression for the purposes of that Act.

R.S., 1985, c. 49 (4th Supp.), s. 27; 1999, c. 31, s. 246(F).

Profits

28. Subject to any by-law of the Board providing for the payment of expenses to the members of the Board or to members of any committees appointed pursuant to section 24, and to any by-law providing for the payment of remuneration and expenses to the officers, agents and employees of the Centre, any profits or accretions to the value of the property of the Centre shall be used to further the activities of the Centre and no part of the property or profits of the Centre may be distributed, directly or indirectly, to any member of the Board.


Financial Year And Audit

Financial year

29. The financial year of the Centre is the period beginning on April 1 in one year and ending on March 31 in the following year.

Audit

30. The accounts and financial transactions of the Centre shall be audited annually by a qualified independent auditor designated by the Board and a report of the audit shall be made to the Board.


Reports

Annual report

31. (1) The Chief Executive Officer shall, within three months after the end of each financial year of the Centre, submit to the Board a report of the activities of the Centre for that year, including the financial statements of the Centre and the auditor’s report thereon, and the Board shall make the report available to the public at the principal office of the Centre.

Tabling and transmission to provinces

(2) Within one month after a report is submitted to the Board pursuant to subsection (1), the Centre shall provide copies thereof to the Minister of Health who shall

(a) cause a copy of each such report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day on which the Minister receives the copies; and

(b) forthwith after a copy is so laid pursuant to paragraph (a), cause a copy of each such report to be sent to the lieutenant governor in council of each province.

R.S., 1985, c. 49 (4th Supp.), s. 31; 1996, c. 8, s. 32.

Results of research, etc.

32. Publishable results of research and other initiatives assisted or initiated by the Centre shall be made available to the public by the Centre within a reasonable time after those results become available to the Centre.


Evaluation

Evaluation

33. As soon as possible after the fourth anniversary of the coming into force of this Act, the Minister of Health shall, after consultation with the Board, evaluate the Centre’s activities and organization, and the Minister shall cause a report thereon, including a statement of any changes the Minister may recommend, to be laid before each House of Parliament and to be sent to the lieutenant governor in council of each province as if it were a copy of a report received by the Minister pursuant to section 31.

R.S., 1985, c. 49 (4th Supp.), s. 33; 1996, c. 8, s. 32.


Coming Into Force

Coming into force


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