Assented to 1991-02-01
An Act to establish the Canadian Polar Commission and to amend certain Acts in consequence thereof
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2. In this Act,
« conseil »
“Board” means the Board of Directors of the Commission;
« président »
“Chairperson” means the Chairperson of the Board;
« Commission »
“Commission” means the Canadian Polar Commission established by section 3;
« connaissances »
“knowledge” includes traditional and aboriginal knowledge;
« 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;
« régions polaires »
“polar regions”, when used in relation to Canada, means all regions north of sixty degrees north latitude and all regions north of the southern limit of the discontinuous permafrost zone and, when used generally or in an international context, means the circumpolar regions, including the continent of Antarctica.
Marginal note:Commission established
3. A corporation is hereby established to be called the Canadian Polar Commission.
PURPOSE OF COMMISSION
4. The purpose of the Commission is to promote the development and dissemination of knowledge in respect of the polar regions by
(a) monitoring the state of knowledge, in Canada and elsewhere, in respect of the polar regions and reporting regularly and publicly thereon;
(b) promoting the development of knowledge in respect of the polar regions in Canada by cooperating with organizations, institutions and associations, in Canada and elsewhere, in the determination of scientific and other priorities;
(c) encouraging Canadian organizations, institutions and associations to support the development and dissemination of knowledge in respect of the polar regions;
(d) advising the Minister, when requested, on any matter relating to the polar regions;
(e) providing information about research in respect of the polar regions to Canadians and Canadian organizations, institutions and associations;
(f) enhancing Canada’s international profile as a circumpolar nation by fostering international cooperation in the advancement of knowledge in respect of the polar regions; and
(g) undertaking any other activities in the furtherance of its purpose.
POWERS OF COMMISSION
5. In order to carry out its purpose, the Commission may
(a) initiate, sponsor and support conferences, seminars and meetings;
(b) on its own initiative or at the request of the Minister, undertake and support studies on matters relating to the polar regions and publish and disseminate studies, reports and other documents in relation to such matters;
(c) recognize achievements and contributions in areas related to its purpose and give prominence to scientific research and the applications of such research in respect of Canada’s polar regions;
(d) support and encourage the programs and activities of organizations, institutions, associations and individuals involved in research relating to the polar regions;
(e) acquire any money, securities or other property by gift, bequest or otherwise, and hold, expend, invest, administer or dispose of that property, subject to any terms on which it is given, bequeathed or otherwise made available to the Commission;
(f) expend any money appropriated by Parliament or any legislature or government for the activities of the Commission, subject to any terms on which it is appropriated; and
(g) undertake any other activities that are conducive to the furtherance of its purpose and to the exercise of its powers.
BOARD OF DIRECTORS
Marginal note:Management of activities of the Commission
6. (1) The activities of the Commission shall be managed by a Board of Directors consisting of up to twelve members, including a Chairperson and two Vice-Chairpersons, to be appointed by the Governor in Council, on the recommendation of the Minister.
Marginal note:Qualifications of members
(2) Persons appointed to the Board must have knowledge or experience that will assist the Commission in the furtherance of its purpose, having regard to the ethnic, linguistic and regional diversity of Canada’s polar regions.
(3) Full-time employees in the public service of Canada are not eligible to be appointed or to continue as members of the Board.
Marginal note:Terms of office
7. (1) Members of the Board shall be appointed to hold office during pleasure for terms not exceeding three years.
(2) A member of the Board is eligible for re-appointment for a second term of office in the same or another capacity.
8. A member of the Board who wishes to resign shall notify the Minister in writing to that effect, and the resignation becomes effective at the time the Minister receives the notice or at the time specified in the notice, whichever is the later.
9. (1) The Chairperson and the Vice-Chairpersons shall be paid such remuneration as is fixed by the Governor in Council.
(2) The members of the Board, other than the Chairperson and the Vice-Chairpersons, shall be paid such remuneration as is fixed by the Governor in Council for their attendance at such meetings of the Board, or of any of its committees, as the Chairperson directs them to attend, and for any special work for the Commission performed by them at the request of the Chairperson.
10. Members of the Board are entitled to be paid such travel and living expenses as are fixed by by-law of the Board while absent from their ordinary place of residence in the course of their duties under this Act.
Marginal note:Role of Chairperson
11. The Chairperson is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission.
Marginal note:Absence of Chairperson
12. In the event of the absence or incapacity of the Chairperson, one of the Vice-Chairpersons shall be designated by the Board to exercise all of the powers and perform all of the duties and functions of the Chairperson.
OFFICES AND MEETINGS
13. The Board shall establish such offices in Canada as the Board considers necessary for the furtherance of the Commission’s purpose.
Marginal note:Office in National Capital Region
Marginal note:Northern office
(2) At least one office of the Commission shall be at a place north of sixty degrees north latitude.
15. (1) Subject to subsection (2), the Board shall meet at least four times in each year, at different places in Canada, at such times and places as the Chairperson may select.
Marginal note:Northern meetings
(2) At least half of the Board’s meetings in each year shall be held at places north of sixty degrees north latitude.
16. The Board may, subject to its by-laws, appoint an Executive Committee from among the members of the Board and appoint advisory and other committees consisting, wholly or partly, of members of the Board and persons who are not members of the Board.
17. The Board may make by-laws respecting
(a) subject to the approval of the Governor in Council, the expenses referred to in section 10 to be paid to the members of the Board;
(b) the constitution of any committees appointed under section 16, the roles and duties of the committees and, subject to the approval of the Governor in Council, the expenses, if any, to be paid to any members of those committees who are not members of the Board;
(c) the procedure at meetings of the Board and its committees;
(d) the administration, management and control of the property of the Commission; and
(e) the conduct and management of the work of the Commission.
Marginal note:Commission agent of Her Majesty
18. (1) The Commission is for all its purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty.
(2) The Commission may, on behalf of Her Majesty in right of Canada, enter into contracts in the name of Her Majesty or in its own name.
(3) Any property acquired by the Commission is the property of Her Majesty in right of Canada and title thereto may be vested in the name of Her Majesty or in the name of the Commission.
(4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Commission on behalf of Her Majesty in right of Canada, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Commission in the name of the Commission in any court that would have jurisdiction if the Commission were not an agent of Her Majesty.
19. (1) The Board may
(a) appoint such officers and employees as are necessary for the proper conduct of the work of the Commission; and
(b) prescribe the duties of those officers and employees and the conditions of their employment.
Marginal note:Salaries and expenses of staff
(2) The officers and employees of the Commission appointed pursuant to subsection (1) shall be paid such salaries and expenses as are fixed by the Board.
20. The accounts and financial transactions of the Commission shall be audited annually by the Auditor General of Canada, and a report of the audit shall be made to the Board and to the Minister.
Marginal note:Annual report
21. (1) Within the first four months after the commencement of each fiscal year, the Chairperson shall submit to the Minister a report of the activities of the Commission for the preceding fiscal year, including the financial statements of the Commission and the Auditor General’s report, and the Commission shall make the annual report available for public scrutiny at the offices of the Commission.
(2) The Minister shall cause a copy of the reports referred to in subsection (1) to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the day on which the Minister has received the reports.
22. to 26. [Amendments]
COMING INTO FORCE
Marginal note:Coming into force
Return to footnote *[Note: Act in force September 9, 1991, see SI/91-117.]
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