Marginal note: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 climate change and air quality issues,

  • (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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note:Directors and members not employees or agents

  (3) Directors and members are not eligible to be employees or agents of the Foundation.

• Marginal note: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 public service of Canada.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.