Law:Natural Sciences and Engineering Research Council Act
From Law Delta
R.s.c., 1985, c. N-21
An Act to establish the Natural Sciences and Engineering Research Council
1. This Act may be cited as the Natural Sciences and Engineering Research Council Act.
1976-77, c. 24, s. 24.
2. In this Act,
« Conseil »
“Council” means the Natural Sciences and Engineering Research Council established by section 3;
« ministre »
“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;
« président »
“President” means the President of the Council appointed under subsection 5(1);
« vice-président »
“Vice-President” means the Vice-President of the Council elected under subsection 6(1).
1976-77, c. 24, s. 25.
Constitution Of The Council
Establishment and membership of Council
3. There is hereby established a corporation, to be called the Natural Sciences and Engineering Research Council, consisting of a president and not more than twenty-one other members to be appointed by the Governor in Council as provided in section 5.
1976-77, c. 24, s. 26.
Functions And Powers
Functions of Council
4. (1) The functions of the Council are to
(a) promote and assist research in the natural sciences and engineering, other than the health sciences; and
(b) advise the Minister in respect of such matters relating to such research as the Minister may refer to the Council for its consideration.
Powers of Council
(2) The Council, in carrying out its functions under subsection (1), may
(a) expend, for the purposes of this Act, any money appropriated by Parliament for the work of the Council or received by the Council through the conduct of its operations; and
(b) publish and sell or otherwise distribute such scholarly, scientific and technical information relating to the work of the Council as the Council considers necessary.
1976-77, c. 24, s. 27.
Appointment of President
5. (1) The President of the Council shall be appointed to hold office for such term, not exceeding five years, as the Governor in Council may determine.
(2) Each of the members of the Council, other than the President, shall be appointed to hold office for such term, not exceeding three years, as will ensure as far as possible the expiration in any one year of the terms of appointment of fewer than half of the members so appointed.
Eligibility for re-appointment
(3) A retiring President or other member is eligible for re-appointment to the Council in the same or another capacity.
1976-77, c. 24, s. 28.
6. (1) The Council may, with the approval of the Governor in Council, elect one of its members to be Vice-President of the Council.
Powers of Vice-President
(2) In the event of the absence or incapacity of the President or if the office of President is vacant, the Vice-President has all the powers of the President.
1976-77, c. 24, s. 29.
Salary and expenses of President
7. (1) The President shall be paid such salary and expenses as are fixed by the Governor in Council.
Remuneration and expenses
(2) The members of the Council, other than the President, shall serve without remuneration but each of those members is entitled to be paid reasonable travel and other expenses incurred by the member while absent from his ordinary place of residence in the course of his duties under this Act.
Remuneration of members for additional duties
(3) Notwithstanding subsection (2), a member of the Council, other than the President, may, for any period during which the member performs with the approval of the Council any duties on behalf of the Council in addition to the ordinary duties of the member as such, be paid such remuneration therefor as may be authorized by the Council.
1976-77, c. 24, s. 30.
8. The head office of the Council shall be at such place in Canada as may be designated by the Governor in Council.
1976-77, c. 24, s. 31.
9. The Council may meet at such times and at such places in Canada as it considers necessary but it shall meet at least twice a year.
1976-77, c. 24, s. 32.
Authority of President
10. The President is the chief executive officer of the Council and has supervision over and direction of the work and staff of the Council.
1976-77, c. 24, s. 33.
11. (1) There is hereby established an executive committee of the Council consisting of the President, the Vice-President and at least six other members selected by the Council.
Duties of executive committee
(2) The executive committee of the Council may exercise such of the powers and perform such of the functions of the Council as the Council may by by-law assign to it and shall submit at each meeting of the Council minutes of its proceedings since the last preceding meeting of the Council.
1976-77, c. 24, s. 34.
12. (1) Subject to the approval of the Governor in Council, the Council may make by-laws for the regulation of its proceedings and generally for the conduct of its activities, including the establishment of special, standing and other committees of the Council.
(2) Any by-law made pursuant to subsection (1) establishing an advisory committee of the Council may provide for the members of the committee to include persons other than members of the Council, in addition to members of the Council.
Remuneration of advisory committee members
(3) The members of an advisory committee who are not members of the Council may be paid for their services such remuneration and expenses as are fixed by the Governor in Council.
1976-77, c. 24, s. 35.
Appointment of staff
13. (1) The Council may
(a) appoint such officers and employees as are necessary for the proper conduct of the work of the Council; and
(b) prescribe the duties of those officers and employees and the conditions of their employment.
Salaries and expenses of staff
(2) The officers and employees of the Council appointed as provided in subsection (1) shall be paid such salaries and expenses as are fixed by the Council with the approval of the Governor in Council.
(3) The Council may authorize the President or any other officer of the Council to appoint persons to perform duties of a temporary nature for a period not exceeding six months.
1976-77, c. 24, s. 36; 1978-79, c. 13, s. 29.
Council agent of Her Majesty
14. (1) The Council is for all its purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty.
(2) The Council may on behalf of Her Majesty enter into contracts in the name of Her Majesty or in its own name.
(3) Any property acquired by the Council is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Council.
(4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Council on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Council in the name of the Council in any court that would have jurisdiction if the Council were not an agent of Her Majesty.
1976-77, c. 24, s. 37.
Application of Public Service Superannuation Act
15. The Public Service Superannuation Act does not apply to members of the Council unless, in the case of any such member, the Governor in Council otherwise directs.
1976-77, c. 24, s. 38.
Donations to Council
16. The Council may acquire money, securities or other property by gift, bequest or otherwise and, notwithstanding anything in this Act, may expend, administer or dispose of the money, securities or other property subject to the terms, if any, on which the money, securities or other property is given, bequeathed or otherwise made available to the Council.
R.S., 1985, c. N-21, s. 16; 2001, c. 4, s. 110(F); 2004, c. 25, s. 166(F).
Audit by Auditor General
17. The accounts and financial transactions of the Council shall be audited annually by the Auditor General of Canada, and a report of the audit shall be made to the Council and to the Minister.
1976-77, c. 24, s. 40.
Report To Parliament
18. (1) The President shall, within four months after the termination of each fiscal year, submit to the Minister a report relating to the activities of the Council for that fiscal year, including the financial statements of the Council and the report thereon of the Auditor General of Canada.
(2) The Minister shall cause the report submitted under subsection (1) to be laid before Parliament within fifteen days after the receipt thereof by the Minister or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
1976-77, c. 24, s. 41.