Law:Canadian Space Agency Act

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S.c. 1990, c. 13

Assented to 1990-05-10

An Act to establish the Canadian Space Agency and to provide for other matters in relation to space

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Canadian Space Agency Act.


Interpretation

Definitions

2. In this Act,

“Agency”

« Agence »

“Agency” means the Canadian Space Agency established by section 3;

“Board”

Version anglaise seulement“Board” means the Space Advisory Board established pursuant to subsection 19(1);

“Executive Vice-President”

Version anglaise seulement“Executive Vice-President” means the Executive Vice-President of the Agency appointed pursuant to subsection 13(1);

“Minister”

« 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;

“President”

« président »

“President” means the President of the Agency appointed pursuant to subsection 12(1).


Establishment Of Agency

Establishment

3. There is hereby established an agency of the Government of Canada, to be known as the Canadian Space Agency.


Objects And Functions

Objects

4. The objects of the Agency are to promote the peaceful use and development of space, to advance the knowledge of space through science and to ensure that space science and technology provide social and economic benefits for Canadians.

Matters concerning space

5. (1) The Agency may exercise its powers, and perform its duties and functions, in relation to all matters concerning space over which Parliament has jurisdiction and that are not by or pursuant to law assigned to any other department, board or agency of the Government of Canada.

Functions

(2) In carrying out its objects, the Agency shall

(a) assist the Minister to coordinate the space policies and programs of the Government of Canada;

(b) plan, direct, manage and implement programs and projects relating to scientific or industrial space research and development and the application of space technology;

(c) promote the transfer and diffusion of space technology to and throughout Canadian industry;

(d) encourage commercial exploitation of space capabilities, technology, facilities and systems; and

(e) perform such other functions as the Governor in Council may, by order, assign.

Idem

(3) In carrying out its objects, the Agency may

(a) construct, acquire, manage, maintain and operate space research and development vehicles, facilities and systems;

(b) assist departments, boards and agencies of the Government of Canada to use and to market space technology;

(c) make grants and contributions in support of programs or projects relating to scientific or industrial space research and development and the application of space technology, including projects designed to develop, test, evaluate or apply new or improved processes, products, systems or information relating to space science and technology with a view to determining the commercial potential of that science and technology, but not including any programs or projects relating solely to the commercial exploitation of space science or technology;

(d) cooperate with the space and space-related agencies of other countries in the peaceful use and development of space;

(e) provide services and facilities to any person;

(f) license, sell or otherwise make available any patent, copyright, industrial design, trade-mark, trade secret or other like property right controlled or administered by the Minister;

(g) enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the Agency;

(h) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of any such money, securities or property subject to the terms, if any, on which the gift or bequest was made;

(i) administer any loans or guarantees made by the Minister pursuant to section 9; and

(j) do all such things as are necessary or incidental to the attainment of the objects of the Agency.

Government facilities

(4) In exercising its powers and performing its duties and functions under this Act, the Agency shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

1990, c. 13, s. 5; 2001, c. 4, s. 70.


Powers, Duties And Functions Of The Minister

Coordination of space policies and programs

6. In furtherance of the objects referred to in section 4, the Minister shall coordinate the space policies and programs of the Government of Canada.

Responsible for Agency

7. The Minister is responsible for the operations of the Agency.

Agreements

8. The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province respecting the carrying out of any program of the Agency.

Loans and guarantees

9. The Minister may, with the concurrence of the Minister of Finance,

(a) make loans to any person with respect to the commercial exploitation of space science and technology; and

(b) guarantee the repayment of any portion of the principal and interest owing on any loan made by any person in respect of the commercial exploitation of space science and technology.

Fees or charges

10. (1) With the approval of the Governor in Council and subject to such terms and conditions as the Governor in Council may specify, the Minister may, by order, prescribe the fee or charge, or the manner of determining the fee or charge, to be paid by a person or a person of a class of persons

(a) to whom the Agency provides any services or facilities; or

(b) who is licensed by the Agency to use, or to whom the Agency otherwise makes available, any patent, copyright, industrial design, trade-mark, trade secret or other like property right.

Interest

(2) The Governor in Council may, by order, prescribe the interest, or the manner of determining the interest, to be paid on any overdue fee or charge prescribed or determined in a manner prescribed pursuant to subsection (1).

Imposition

(3) Subject to subsection (4), the Agency shall impose the fees or charges, including interest on overdue fees or charges, prescribed or determined in a manner prescribed pursuant to subsection (1) or (2).

Waiver or reduction in fee

(4) With the approval of the Governor in Council, the Minister may, by order, waive or reduce any fee, charge or interest that would otherwise be imposed under this section.

Offset

(5) The Agency may, with the approval of the Treasury Board, use any fee or charge imposed under this section in a fiscal year to offset the costs incurred in that year in connection with the services, facilities or property right in respect of which the fee or charge was imposed.

Debts due to Her Majesty

(6) All fees, charges and interest imposed under this section are debts due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction.

Not statutory instrument

(7) An order made under this section that applies to or in respect of only one person or body shall be deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.

1990, c. 13, s. 10; 2001, c. 4, s. 71(F).

Delegation

11. Any power, duty or function of the Minister under this Act, other than the power to make orders under section 10 and to authorize under this section, may be exercised or performed by any officer or employee of the Agency authorized by the Minister to do so and, if so exercised or performed, shall be deemed to have been exercised or performed by the Minister.


Organization Of Agency

President

12. (1) The Governor in Council shall appoint an officer, to be called the President of the Agency, to hold office during pleasure for a term not exceeding five years.

Chief executive officer

(2) The President is the chief executive officer of the Agency and, under the direction of the Minister, has control and supervision over the work, officers and employees of the Agency.

Acting President

(3) In the event of the absence or incapacity of the President or a vacancy in that office, the Executive Vice-President shall act as the President for the time being unless the Minister appoints another person to so act, but no person may act as President for a period exceeding ninety days without the approval of the Governor in Council.

Executive Vice-President

13. (1) The Governor in Council may appoint an officer, to be called the Executive Vice-President of the Agency, to hold office during pleasure for a term not exceeding five years.

Powers, duties and functions

(2) The Executive Vice-President shall exercise such powers and perform such duties and functions as the President may assign.

Re-appointment

14. The President and the Executive Vice-President, on the expiration of a first or any subsequent term of office, are eligible to be re-appointed for a further term.

Remuneration

15. The President and the Executive Vice-President shall be paid such remuneration as may be fixed by the Governor in Council.

Employees

16. (1) Such employees as are necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.

Astronauts

(2) Notwithstanding subsection (1), the Agency may appoint and employ astronauts in positions in the Agency and may, with the approval of the Governor in Council, establish the terms and conditions, including remuneration, of their employment.

Act not applicable

(3) The Public Service Labour Relations Act does not apply to any person employed in the Agency pursuant to subsection (2).

Acts and regulations applicable

(4) Each person employed in the Agency pursuant to subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act, and to be employed in the public service for the purposes of the Public Service Superannuation Act.

1990, c. 13, s. 16; 2003, c. 22, ss. 147, 223(E), 235.

Previous VersionPrincipal office

17. The principal office of the Agency shall be in the greater Montreal area.

Contracts binding on Her Majesty

18. (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency.

Legal proceedings

(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.


Advisory Board

Establishment of Board

19. (1) The Governor in Council may establish a board, to be known as the Space Advisory Board, consisting of not more than nineteen members appointed by the Governor in Council to hold office during pleasure for a term not exceeding three years.

Representation

(2) The Board shall include persons from the space science community and the private sector, including the space industry.

Chair

(3) The Governor in Council shall designate one of the members of the Board to be Chair of the Board.

Acting member

(4) In the event of the absence or incapacity of a member of the Board, the Minister may designate a person to act as a member for the time being, but no person may act as a member for a period exceeding ninety days without the approval of the Governor in Council.

Re-appointment

(5) A member of the Board, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.

Expenses

20. (1) Each member of the Board is entitled to be paid such travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in connection with the work of the Board as may be fixed by the Governor in Council.

Remuneration

(2) A member of the Board may, for advisory services provided to the Minister otherwise than during attendance at meetings of the Board, be paid such remuneration as may be fixed by the Governor in Council.

Advisory function

21. The Board shall, on request of the Minister, advise the Minister on any matter relating to space.

Meetings

22. The Board shall meet at such time and place as the Minister may determine.


Annual Report

Annual report

23. The President shall, within four months after the end of each fiscal year, submit an annual report on the operations of the Agency in that year to the Minister, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.


Consequential Amendments

24. to 27. (Amendments)


Transitional

Deemed appointment

28. (1) Where a position in the public service of Canada is transferred to the Agency within ninety days after the day on which this Act comes into force, the incumbent of the position continues in the position in the Agency, unless the incumbent otherwise elects prior to the transfer, and any person so continuing is deemed to have been appointed to the Agency in accordance with subsection 16(1).

Probation

(2) Notwithstanding subsection (1) and section 28 of the Public Service Employment Act, no person deemed by that subsection to have been appointed is subject to probation, unless the person was subject to probation immediately before the appointment, and any person who was so subject to probation continues to be subject thereto only for so long as would have been the case but for this section.


Coming Into Force

Coming into force


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