Canadian Race Relations Foundation Act (S.C. 1991, c. 8)

Act current to 2016-09-18 and last amended on 2013-06-26. Previous Versions

Canadian Race Relations Foundation Act

S.C. 1991, c. 8

Assented to 1991-02-01

An Act to establish the Canadian Race Relations Foundation

Preamble

WHEREAS Canada, as a party to the International Convention on the Elimination of All Forms of Racial Discrimination, has resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations;

AND WHEREAS the Canadian Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law, without discrimination;

AND WHEREAS the Constitution of Canada recognizes the importance of preserving and enhancing the multicultural heritage of Canadians and recognizes rights of the aboriginal peoples of Canada;

AND WHEREAS the Canadian Multiculturalism Act provides that it is the policy of the Government of Canada to promote the full and equitable participation of individuals and communities of all origins in the continuing evolution and shaping of all aspects of Canadian society and to assist them in the elimination of any barrier to such participation;

AND WHEREAS, in concluding the Japanese Canadian Redress Agreement with the National Association of Japanese Canadians, the Government of Canada has condemned the excesses of the past, reaffirmed the principles of justice and equality for all in Canada and undertaken to establish a race relations foundation;

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 Canadian Race Relations Foundation Act.

Interpretation

Marginal note:Definitions

 In this Act,

Board

conseil

Board means the Board of Directors of the Foundation; (conseil)

Chairperson

président

Chairperson means the Chairperson of the Board; (président)

director

administrateur

director means a member of the Board; (administrateur)

Executive Director

directeur général

Executive Director means the Executive Director of the Foundation appointed pursuant to section 9; (directeur général)

Foundation

Fondation

Foundation means the Canadian Race Relations Foundation established by section 3; (Fondation)

Minister

ministre

Minister means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of the Canadian Multiculturalism Act. (ministre)

Establishment of Foundation

Marginal note:Foundation established

 There is hereby established a corporation, to be called the Canadian Race Relations Foundation.

Purpose of Foundation

Marginal note:Purpose

 The purpose of the Foundation is to facilitate throughout Canada the development, sharing and application of knowledge and expertise in order to contribute to the elimination of racism and all forms of racial discrimination in Canadian society by

  • (a) undertaking research and collecting data and developing a national information base in order to further understanding of the nature of racism and racial discrimination and to assist business, labour, voluntary, community and other organizations as well as public institutions, governments, researchers and the general public in eliminating racism and racial discrimination;

  • (b) acting as a clearing-house, providing information about race relations resources and establishing links with public, private and educational institutions and libraries;

  • (c) facilitating consultation, and the exchange of information, relating to race relations policies, programs and research;

  • (d) promoting effective race relations training and assisting in the development of professional standards;

  • (e) increasing public awareness of the importance of eliminating racism and racial discrimination;

  • (f) collaborating with business, labour, voluntary, community and other organizations, as well as public institutions and all levels of government, in instituting and supporting programs and activities; and

  • (g) supporting and promoting the development of effective policies and programs for the elimination of racism and racial discrimination.

Powers and Capacity of Foundation

Marginal note:Powers and capacity of Foundation
  •  (1) In order to carry out its purpose, the Foundation has the capacity and the rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, the Foundation may

    • (a) initiate, finance and administer programs and activities related to its purpose;

    • (b) 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 Foundation;

    • (c) expend any money provided by Parliament or any other sources for the activities of the Foundation, subject to any terms on which it is provided;

    • (d) undertake, support, publish and disseminate research studies, reports and other documents on its own initiative or at the request of the Minister;

    • (e) initiate, sponsor and support conferences, seminars and meetings;

    • (f) establish scholarly and professional links between the Foundation and universities, colleges and other organizations and persons interested in the Foundation’s work; and

    • (g) undertake any other activities that are conducive to the fulfillment of its purpose and the exercise of its powers.

  • Marginal note:Capacity in Canada

    (2) The Foundation may carry on its activities throughout Canada.

  • Marginal note:Rights preserved

    (3) No act of the Foundation, including any transfer of property to or by the Foundation, is invalid by reason only that the act is contrary to this Act or the by-laws of the Foundation.

Board of Directors

Marginal note:Board of Directors
  •  (1) The activities of the Foundation shall be managed by a Board of Directors consisting of a Chairperson and not more than 11 other directors to be appointed by the Governor in Council, on the recommendation of the Minister, after the Minister, taking into account the multicultural character, linguistic duality and regional diversity of Canadian society, has consulted with any governments, institutions, organizations and individuals that the Minister considers appropriate.

  • Marginal note:Criterium for appointment

    (2) Persons appointed to the Board must have knowledge or experience that will assist the Foundation in fulfilling its purpose.

  • 1991, c. 8, s. 6;
  • 2010, c. 12, s. 1697.
Marginal note:Term of office
  •  (1) Each director shall be appointed to hold office for a term not exceeding four years.

  • Marginal note:Reappointment

    (2) A director is eligible for reappointment to the Board in the same or another capacity.

  • Marginal note:Resignation

    (3) A director who wishes to resign shall notify the Board in writing to that effect, and the resignation becomes effective when the Board receives the notice or at the time specified in the notice, whichever is the later.

  • 1991, c. 8, s. 7;
  • 2006, c. 9, s. 243.
Marginal note:Functions of Chairperson
  •  (1) The Chairperson shall preside at meetings of the Board and shall perform such other duties as are assigned by the Board.

  • Marginal note:Election of Vice-Chairperson

    (2) The Board shall elect one of the directors, other than the Chairperson, to be Vice-Chairperson of the Board.

  • Marginal note:Absence or incapacity of Chairperson

    (3) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-Chairperson may act as Chairperson.

Executive Director

Marginal note:Executive Director
  •  (1) There shall be an Executive Director of the Foundation, who shall be appointed by the Governor in Council, on the recommendation of the Minister, for a term not exceeding five years.

  • Marginal note:Consultation

    (2) The Minister shall consult the Board before making any recommendation with respect to the appointment of the Executive Director, other than the first Executive Director.

  • Marginal note:Chief executive officer

    (3) The Executive Director is the chief executive officer of the Foundation and has supervision over and direction of the work and staff of the Foundation and may engage such officers, employees and agents as are necessary for the proper conduct of the work of the Foundation.

  • Marginal note:Absence or incapacity of Executive Director

    (4) If the Executive Director is absent or unable to act or if the office of Executive Director is vacant, the Board may authorize a director or an officer or employee of the Foundation to act as Executive Director, but no person may so act for a period exceeding sixty days without the approval of the Governor in Council.

  • Marginal note:Re-appointment

    (5) The Executive Director is eligible for re-appointment.

  • Marginal note:Ex officio member

    (6) The Executive Director is ex officio a member of the Board, but has no vote.

 
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