Marginal note:Chief Commissioner to preside at meetings

• 12. (1) The Chief Commissioner shall preside at meetings of the Commission.

• Marginal note:Decisions of the Commission

  (2) Decisions of the Commission shall be made by agreement of at least one commissioner appointed by each of the Governor in Council, the Lieutenant Governor in Council and the Summit.

Marginal note:Decisions of the Summit

13. Her Majesty in right of Canada is entitled to rely on resolutions of the Summit that are certified in the manner specified by the Summit as proof of the decisions of the Summit that are set out in the resolutions as certified.

Marginal note:Access to information

14. The Commission is deemed to be a government institution as that term is defined in section 3 of the Access to Information Act and section 3 of the Privacy Act for the purposes of those Acts.

Marginal note:Protection of Commission and employees

15. Her Majesty in right of Canada shall not make any civil claim against the Commission, any commissioner or any employee of or person retained by the Commission for anything done, omitted, reported or said in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act, unless the claim arises from the wilful misconduct or gross negligence of the commissioner, employee or person retained.

Marginal note:Commissioners to be indemnified

16. Her Majesty in right of Canada shall indemnify, in proportion to Her funding obligations as set out in the Agreement, the commissioners against all claims, damages and penalties that are made against or incurred by the commissioners in the exercise of their powers or performance of their duties and functions under this Act, except where the claims, damages or penalties arise from the commissioners’ wilful misconduct or gross negligence.

Marginal note:Personnel of Commission

• 17. (1) The Commission may employ or retain persons who are necessary to perform the duties and functions of the Commission.

• Marginal note:Presumption

  (2) No person employed or retained pursuant to subsection (1) shall, by virtue of being so employed or retained, be considered to be employed in the federal public administration.

Marginal note:By-laws

18. The Commission may make by-laws consistent with this Act and the Agreement respecting the carrying out of the work of the Commission, the management of its internal affairs and the duties of its officers and employees and of the persons retained by it.