N.R.C. Sales and Loans Regulations (SOR/81-403)

Regulations are current to 2017-11-20

N.R.C. Sales and Loans Regulations

SOR/81-403

FINANCIAL ADMINISTRATION ACT

Registration 1981-05-22

Regulations Respecting Sales and Loans by the National Research Council of Canada

P.C. 1981-1335 1981-05-21

His Excellency the Governor General in Council, on the recommendation of the Minister designated for the purpose of the National Research Council Act and the Treasury Board, pursuant to section 52 of the Financial Administration Act, is pleased hereby to make the annexed Regulations respecting sales and loans by the National Research Council of Canada.

Short Title

 These Regulations may be cited as the N.R.C. Sales and Loans Regulations.

Interpretation

 In these Regulations,

Council

Council means the National Research Council of Canada;

equipment

equipment means scientific equipment that is owned by the Council and that has been specially manufactured by or for the Council or that is otherwise not readily available to the borrower; and

non-surplus research material

non-surplus research material means material that is part of the inventory or stores of the Council.

Sales

 Subject to the conditions set out in Schedule I, the Council may sell non-surplus research material to persons that are engaged in doing research or development work, at the invitation of the Council, on property that is owned by the Council.

Loans

 Subject to the conditions set out in Schedule II, the Council may make gratuitous loans of equipment to Her Majesty in right of Canada or of a province, municipal corporations, hospitals, universities or other educational institutions or persons for the purpose of teaching, research or development.

SCHEDULE I(s. 3)

  • 1 Each sale shall

    • (a) be authorized by a Divisional Director of the Council;

    • (b) be made at a price sufficient to recover the cost to the Crown of the non-surplus research material;

    • (c) be authorized only if the material is to be used in the research or development work of the person to whom the material is to be sold;

    • (d) be limited to a maximum value of $1,000; and

    • (e) be made by means of a bill of sale indicating

      • (i) the name of the person who authorized the sale,

      • (ii) the date of the authorization,

      • (iii) the date of the sale,

      • (iv) the description and quantity of the material sold,

      • (v) the purpose of the sale,

      • (vi) the sale price, and

      • (vii) the name of the person to whom the material is sold.

SCHEDULE II(s. 4)

  • 1 Each loan shall

    • (a) be authorized by a Divisional Director of the Council;

    • (b) be directly related to teaching, research or development; and

    • (c) be made by means of a written loan agreement that

      • (i) indicates the period of the loan, which in no case shall be in excess of two years,

      • (ii) reserves to the Council the right to require the temporary return of the equipment at the request of the Council and to terminate the loan, and

      • (iii) specifies that the borrower shall

        • (A) be responsible for all costs associated with the loan including, but not limited to, the transportation, handling, packing, installation, removal, operation, replacement, maintenance, repair and insurance,

        • (B) where the loan is made to municipal corporations, hospitals, universities or other educational institutions or persons for the purpose of teaching, research or development, be responsible for and shall indemnify and save harmless Her Majesty from and against all claims or liens arising in the course of the loan or attributable to the loan or based on the equipment or the use thereof,

        • (C) sign a statement, at the time of the commencement of the loan, describing the condition of the equipment, and

        • (D) on termination of the loan, return the equipment in the condition described, fair wear and tear excepted.

  • 2 The maximum value of any equipment for each loan to any borrower shall not exceed one million dollars unless approval by Treasury Board has been obtained.

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