Physical Activity and Sport Act (S.C. 2003, c. 2)

Assented to 2003-03-19

Physical Activity and Sport Act

S.C. 2003, c. 2

Assented to 2003-03-19

An Act to promote physical activity and sport

SUMMARY

This enactment replaces the Fitness and Amateur Sport Act, which was enacted in 1961, with modernized legislation that is better adapted to contemporary realities.

The enactment sets out the Government of Canada’s policies regarding physical activity and sport. It also sets out the mandate of the Minister in respect of physical activity and sport.

The enactment establishes the Sport Dispute Resolution Centre of Canada, an independent organization whose mission is to provide to the sport community a national alternative dispute resolution service for sport disputes, and expertise and assistance in that regard.

Preamble

WHEREAS the Government of Canada recognizes that physical activity and sport are integral parts of Canadian culture and society and produce benefits in terms of health, social cohesion, linguistic duality, economic activity, cultural diversity and quality of life;

WHEREAS the Government of Canada wishes to increase awareness among Canadians of the significant benefits of physical activity and the practice of sport;

WHEREAS the Government of Canada wishes to encourage and assist Canadians in increasing their level of physical activity and their participation in sport;

WHEREAS the Government of Canada is committed to promoting physical activity and sport, having regard to the principles set out in the Official Languages Act;

AND WHEREAS the Government of Canada wishes to encourage cooperation among the various governments, the physical activity and sport communities and the private sector in the promotion of physical activity and sport;

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

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Physical Activity and Sport Act.

INTERPRETATION

Definition of “Minister”

 In this Act, “Minister” means the member or members of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act.

POLICIES

Marginal note:Physical activity policy

 The objectives of the Government of Canada’s policy regarding physical activity are

  • (a) to promote physical activity as a fundamental element of health and well-being;

  • (b) to encourage all Canadians to improve their health by integrating physical activity into their daily lives; and

  • (c) to assist in reducing barriers faced by all Canadians that prevent them from being active.

Marginal note:Sport policy — principles
  •  (1) The Government of Canada’s policy regarding sport is founded on the highest ethical standards and values, including doping-free sport, the treatment of all persons with fairness and respect, the full and fair participation of all persons in sport and the fair, equitable, transparent and timely resolution of disputes in sport.

  • Marginal note:Sport policy — objectives

    (2) The objectives of the Government of Canada’s policy regarding sport are

    • (a) to increase participation in the practice of sport and support the pursuit of excellence in sport; and

    • (b) to build capacity in the Canadian sport system.

OBJECTS AND MANDATE

Marginal note:Objects of Act and mandate of Minister

 The objects of this Act are to encourage, promote and develop physical activity and sport in Canada. The Minister may take any measures that the Minister considers appropriate to further those objects, and in particular may

  • (a) undertake or assist in research or studies in respect of physical activity and sport;

  • (b) arrange for national and regional conferences in respect of physical activity and sport;

  • (c) provide for the recognition of achievement in respect of physical activity and sport by the grant or issue of certificates, citations or awards of merit;

  • (d) prepare and distribute information relating to physical activity and sport;

  • (e) assist, cooperate with and enlist the aid of any group interested in furthering the objects of this Act;

  • (f) coordinate federal initiatives related to the encouragement, promotion and development of physical activity and sport, particularly those initiatives related to the implementation of the Government of Canada’s policy regarding sport, the hosting of major sporting events and the implementation of anti-doping measures, in cooperation with other departments or agencies of the Government of Canada;

  • (g) undertake or support any projects or programs related to physical activity or sport;

  • (h) provide assistance for the promotion and development of Canadian participation in national and international sport;

  • (i) provide for the training of coaches and any other resource persons to further the objects of this Act in relation to sport;

  • (j) provide bursaries or fellowships to assist individuals in pursuing excellence in sport;

  • (k) encourage the promotion of sport as a tool of individual and social development in Canada and, in cooperation with other countries, abroad;

  • (l) encourage the private sector to contribute financially to the development of sport;

  • (m) facilitate the participation of under-represented groups in the Canadian sport system;

  • (n) encourage provincial and territorial governments to promote and develop sport;

  • (o) coordinate the Government of Canada’s initiatives and efforts with respect to the staging and hosting of the Canada Games; and

  • (p) encourage and support alternative dispute resolution for sport.

Marginal note:Financial assistance

 For the purposes of this Act, the Minister may provide financial assistance in the form of grants and contributions to any person, in accordance with Parts IV and VII of the Official Languages Act.

AGREEMENTS AND ARRANGEMENTS

Marginal note:Contribution agreements
  •  (1) The Minister, with the approval of the Governor in Council, may enter into an agreement with any province or territory providing for the payment of contributions in respect of costs that they incur in undertaking programs designed to encourage, promote and develop physical activity or sport.

  • Marginal note:Agreements to implement Canada’s policy regarding sport

    (2) The Minister may enter into an agreement or arrangement with any province or territory respecting the implementation of the Government of Canada’s policy regarding sport.

Marginal note:International agreements

 The Minister, with the approval of the Governor in Council, may enter into an agreement or arrangement with the government of any foreign state in order to encourage, promote and develop physical activity and sport.

SPORT DISPUTE RESOLUTION CENTRE OF CANADA

Establishment of Centre

Marginal note:Centre established
  •  (1) A not-for-profit corporation is hereby established to be called the Sport Dispute Resolution Centre of Canada, in this Act referred to as “the Centre”, which shall include a dispute resolution secretariat and a resource centre.

  • Marginal note:Not an agent of Her Majesty

    (2) The Centre is not an agent of Her Majesty.

  • Marginal note:Not a departmental or Crown corporation

    (3) The Centre is not a departmental corporation or a Crown corporation within the meaning of the Financial Administration Act.

  • Marginal note:Status of arbitrator or mediator

    (4) For the purposes of the Federal Court Act, the Centre or an arbitrator or mediator who provides services under the auspices of the Centre is not a federal board, commission or other tribunal within the meaning of that Act.

  • Marginal note:Both official languages to be used

    (5) The Centre shall offer its services to, and communicate with, the public in both official languages of Canada.

  • Marginal note:Head office

    (6) The head office of the Centre shall be at the place in Canada that is designated in the by-laws of the Centre.

Mission and Powers

Marginal note:Mission
  •  (1) The mission of the Centre is to provide to the sport community

    • (a) a national alternative dispute resolution service for sport disputes; and

    • (b) expertise and assistance regarding alternative dispute resolution.

  • Marginal note:Interpretation

    (2) For the purposes of subsection (1), a sport dispute includes disputes among sport organizations and disputes between a sport organization and persons affiliated with it, including its members.

Marginal note:Powers
  •  (1) In carrying out its mission, the Centre has the capacity and powers of a natural person, including the power to

    • (a) use any funds that may be provided to it, subject to any terms on which the funds are provided;

    • (b) enter into contracts or agreements in its own name;

    • (c) conduct studies with respect to the exercise of its powers; and

    • (d) do any other things that are conducive to the fulfilment of its mission and the exercise of its powers.

  • Marginal note:Restrictions

    (2) Despite subsection (1), the Centre

    • (a) may not acquire or construct real property or immovables for valuable consideration, other than those required for its head office;

    • (b) shall expressly state in its contracts and agreements that it is entering into the contract or agreement on its own behalf;

    • (c) may not procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the Centre; and

    • (d) may not acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the Centre.

Board of Directors

Marginal note:Role

 The affairs and business of the Centre shall be managed by a board of directors, and for that purpose the board may exercise all the powers of the Centre.

Marginal note:Composition
  •  (1) The board of directors consists of not more than 12 directors, including the chairperson, and the executive director of the Centre who does not have a right to vote.

  • Marginal note:Non-application of provisions

    (2) Sections 14, 16 and 18 do not apply to the executive director.

Marginal note:Appointment
  •  (1) The directors shall be appointed by the Minister to hold office during good behaviour for any term of not more than three years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors. A director may be appointed to not more than two consecutive terms and may be removed by the Minister for cause.

  • Marginal note:Appointment criteria

    (2) The directors shall be chosen in accordance with guidelines that are established by the Minister in consultation with the sport community.

  • Marginal note:Guidelines

    (3) The guidelines shall provide for a board of directors that

    • (a) is composed of men and women committed to the promotion and development of sport who have the experience or capacity to enable the Centre to achieve its mission; and

    • (b) is representative of the sport community and of the diversity and bilingual character of Canadian society.

  • Marginal note:Statutory Instruments Act does not apply

    (4) Guidelines referred to in subsection (3) are not statutory instruments for the purposes of the Statutory Instruments Act.

Marginal note:Exclusion

 A director may not be appointed as an officer of the Centre.

 
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