C-1313955Elizabeth II2006An Act to establish the Corporation for the Mitigation of Mackenzie Gas Project ImpactsMackenzie Gas Project Impacts ActMackenzie Gas Project Impacts201301
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M-0.14, s. 2082006[Enacted by section 208 of chapter 4 of the Statutes of Canada, 2006, in force November 10, 2006, see SI/2006-132.]SHORT TITLE
Short titleThis Act may be cited as the Mackenzie Gas Project Impacts Act.
INTERPRETATION
DefinitionsThe following definitions apply in this Act.boardconseilboard means the board of directors of the Corporation.CorporationSociétéCorporation means the Corporation for the Mitigation of Mackenzie Gas Project Impacts established by section 3.directoradministrateurdirector means a person who is on the board and includes the chairperson.eligible projecttravaux admissibleseligible project means a project referred to in section 5.employee or agent of Her Majesty in right of a provincefonctionnaire ou mandataire de Sa Majesté du chef d’une provinceemployee or agent of Her Majesty in right of a province does not include an employee or agent of Her Majesty in right of a province whose duties and functions in that capacity are restricted to work in a university, college or other educational institution.Mackenzie gas projectprojet gazier MackenzieMackenzie gas project means the project proposed by a consortium led by Imperial Oil Resources Ventures Limited that includes the development of the natural gas fields of Niglintgak, Taglu and Parsons Lake, and the construction and operation ofa gathering system related to those fields;a natural gas liquids pipeline;the natural gas pipeline that is the subject of the application GH-12004 made to the National Energy Board on October 7, 2004; andfacilities related to the fields, the gathering system or the pipelines.MinisterministreMinister means the Minister of Indian Affairs and Northern Development.regional organizationorganisation régionaleregional organization means an organization referred to in the schedule.
INCORPORATION
Corporation establishedThere is hereby established a corporation to be known as the Corporation for the Mitigation of Mackenzie Gas Project Impacts.
Corporation not agent of Her MajestyThe Corporation is not an agent of Her Majesty in right of Canada.
Objects and purposes of CorporationThe objects and purposes of the Corporation are to provide contributions to regional organizations with respect to projects described in subsection (2).Eligible projectThe Corporation may only provide contributions to regional organizations in respect of a project if the projectmitigates the existing or anticipated socio-economic impacts on communities in the Northwest Territories arising from the Mackenzie gas project; andis consistent with criteria established and made publicly available by the Corporation.
CapacityIn carrying out its objects and purposes, the Corporation has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
Head officeThe head office of the Corporation shall be in a place in Canada designated by the Governor in Council.
Acts not applicable to CorporationThe Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and the Canada Not-for-profit Corporations Act do not apply to the Corporation.
  • 2006, c. 4, s. 208, s. 8;
  • 2009, c. 23, s. 332.
Previous Version
DIRECTORS
Board of directorsThere shall be a board of directors consisting of either three or five persons, including the person appointed as chairperson.
Notice of appointmentThe Minister shall provide notice to the regional organizations at least one month before appointing the first director, other than the chairperson, under section 105 of the Financial Administration Act and each successor of that director.Nominees of regional organizationsThe regional organizations, on receiving the notice, may provide the Minister with a list of nominees for the appointment. The Minister shall consider the nominees before making the appointment.Eligibility for directorsA person is not eligible to be appointed as a director if the personis a member of the Senate, the House of Commons or the legislature of a province;is an employee or agent of Her Majesty in right of Canada or in right of a province;does not ordinarily reside in Canada; oris disqualified under subsection 105(1) of the Canada Business Corporations Act.LimitationUntil all directors are appointed, the Corporation shall not provide any contributions or enter into any agreements or arrangements, or review any applications, for or in respect of contributions.
Terms of office of directorsThe directors, other than the chairperson, shall be appointed to hold office during pleasure for terms not exceeding five years.Staggered termsThe appointment of all directors shall ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the directors of the Corporation.Ceasing to be directorA director ceases to be a director when the directordies;resigns;is appointed to the Senate;is elected to the House of Commons or to the legislature of a province;becomes an employee or agent of Her Majesty in right of Canada or in right of a province;ceases to be ordinarily resident in Canada; orbecomes disqualified under subsection 105(1) of the Canada Business Corporations Act.
Director representation and experienceThe appointment of directors shall be made having regard to the need for a board that has sufficient knowledge of, and experience in, financial administration and sufficient knowledge of the socio-economic issues affecting communities in northern regions.
Costs and expenses of CorporationThe following shall be paid by the Corporation:the directors’ remuneration and benefits, in accordance with section 108 of the Financial Administration Act;the directors’ 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; andother costs and expenses of carrying on the business of the Corporation.Directors not to profitExcept as provided under subsection (1), no director shall profit, gain any income or acquire any property, from the Corporation or its activities.
STAFF
StaffThe board may appoint any officers, employees, agents and mandataries of the Corporation that it considers necessary to carry out the objects and purposes of the Corporation.Designation of officesSubject to the by-laws of the Corporation, the board may designate the offices of the Corporation and specify the duties and functions of each office.Directors not employees, agents or mandatariesDirectors are not eligible to be employees, agents or mandataries of the Corporation.Not part of federal public administrationThe directors, officers, employees, agents and mandataries of the Corporation are not, because of being directors, officers, employees, agents and mandataries of the Corporation, part of the federal public administration.
OPERATIONS
Agreement with regional organizationsThe Corporation shall, before providing a contribution to a regional organization, enter into an agreement with the organization respecting, among other things,the manner in which advances will be made in respect of contributions and when those advances will be made;the terms or conditions on which the contributions will be provided; andthe evaluation of the regional organization’s performance in achieving the objectives associated with the provision of contributions for eligible projects and the evaluation of the results of the projects that are funded.Corporation not to acquire a benefit or interestIn providing contributions to a regional organization, the Corporation shall not acquire any benefit or any interest, including an ownership interest, whether through the acquisition of share capital, a partnership interest or otherwise.
Investment policiesThe board shall, with the approval of the Minister of Finance, establish investment policies, standards and procedures that a reasonably prudent person would apply in respect of a portfolio of investments to avoid undue risk of loss and obtain a reasonable return, having regard to the Corporation’s obligations and anticipated obligations.
InvestmentsThe Corporation shall invest its funds, and reinvest any income from those funds, in accordance with the investment policies, standards and procedures established by the board.Incorporation of other corporationsThe Corporation shall not cause any corporation to be incorporated, participate in such an incorporation or become a partner in a partnership.Control of CorporationExcept for the investment of its funds, the Corporation shall not carry on any business for gain or profit and shall not hold or acquire any interest in any corporation or enterprise.
Borrowing prohibitedExcept as permitted under its corporate plan approved in accordance with section 122 of the Financial Administration Act, the Corporation shall not borrow money, issue any debt obligations or securities, give any guarantees to secure a debt or other obligation of another person or mortgage, hypothecate, pledge or otherwise encumber property of the Corporation.Real property or immovablesThe Corporation shall not purchase or accept a donation of real property or immovables.
Delegation by boardSubject to subsection (2), the board may delegate to the chairperson, a committee of directors or an officer of the Corporation any of the powers or rights of the board.Restrictions on delegationThe board shall not delegate any power or right of the boardto enact, amend or repeal by-laws;to authorize the provision of contributions to regional organizations for eligible projects;to appoint officers of the Corporation or fix their remuneration; orto approve the annual financial statements or reports of the Corporation.
LIQUIDATION
OrderThe Governor in Council may, by order, require the Corporation to cease carrying on business and liquidate its assets.
DistributionAny money remaining after liquidation shall be distributed in accordance with instructions given by the Governor in Council.
GENERAL
Mandatory by-lawsThe Corporation shall include in its by-laws provisionsentitling a regional organization that has made an application for a contribution from the Corporation to request the board to make a ruling as to the possible conflict of interest of a director in the consideration or disposal of the application;establishing procedures to be followed by the board in responding to the request and giving the ruling; anddetermining the fiscal year of the Corporation.
InconsistenciesIn the event of an inconsistency between the provisions of this Act and the provisions of Part X of the Financial Administration Act, the provisions of this Act prevail.
AMENDMENT OF SCHEDULE
Order in CouncilThe Governor in Council may, by order made on the recommendation of the Minister, add or delete the name of any organization to or from the schedule.
(Sections 2 and 24)REGIONAL ORGANIZATIONSRELATED PROVISIONS — 2006, c. 4, s. 209
Payment of $500,000,000From and out of the Consolidated Revenue Fund, there may, on the requisition of the Minister of Finance made on the recommendation of the Minister of Indian Affairs and Northern Development, be paid to the Corporation for the Mitigation of Mackenzie Gas Project Impacts payments not exceeding in the aggregate the sum of $500,000,000.Condition for recommendationThe Minister of Indian Affairs and Northern Development may only make the recommendation if the Mackenzie gas project, as defined in section 2 of the Mackenzie Gas Project Impacts Act, as enacted by section 208 of this Act, has not been terminated and the Minister of Indian Affairs and Northern Development is of the opinion that progress is being made on the project.Terms and conditionsThe Minister of Indian Affairs and Northern Development may, with the concurrence of the Minister of Finance, enter into an agreement with the Corporation for the Mitigation of Mackenzie Gas Project Impacts respecting the terms and conditions applicable to the making of the payments and their use.
 — SI/2011-16
AMENDMENTS NOT IN FORCE — 2009, c. 23, s. 356
On the day on which paragraph 313(a) comes into force, section 8 of the Mackenzie Gas Project Impacts Act is replaced by the following:
Canada Not-for-profit Corporations ActThe Canada Not-for-profit Corporations Act does not apply to the Corporation.