Management and Direction of the Agency (continued)
Duties and Indemnification of Directors (continued)
Marginal note:Avoidance standards
44 A material contract between the Agency and one or more of its directors or between the Agency and another person of which a director of the Agency is a director or an officer or in which the director has a material interest, is neither void nor voidable by reason only of that relationship or by reason only that a director with an interest in the contract is present at or is counted to determine the presence of a quorum at a meeting of the Board that authorized the contract, if
(a) the director disclosed the interest in accordance with subsection 43(2), (3) or (5); and
(b) the contract was approved by the Board and it was reasonable and fair to the Agency at the time it was approved.
Marginal note:Application to court
45 (1) If a director of the Agency fails to disclose their interest in a material contract in accordance with section 43, a court may, on application of the Agency or on behalf of the Crown, set aside the contract on any terms that it thinks fit.
Marginal note:Definition of court
Marginal note:Power to indemnify
46 (1) The Agency may indemnify a present or former director of the Agency and the director’s heirs and legal representatives against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, that are reasonably incurred by the director in respect of any civil, criminal or administrative action or proceeding to which the director is a party by reason of being or having been a director, if the director
(a) acted honestly and in good faith, with a view to the best interests of the Agency having regard to its mandate; and
(b) in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed on reasonable grounds that the director’s conduct was lawful.
Marginal note:Payable out of C.R.F.
(2) An amount that is payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.
Corporate Business Plan
Marginal note:Corporate business plan
47 (1) The Agency must annually submit a corporate business plan to the Minister for recommendation to the Treasury Board for approval. The Treasury Board may approve the plan subject to any terms and conditions that it may specify.
Marginal note:Contents of corporate business plan
(2) The corporate business plan must cover any period that the Treasury Board may specify and include a statement, for that period, of
(a) the Agency’s objectives;
(b) the strategies that the Agency intends to use to achieve its objectives, including
(c) the Agency’s expected performance;
(d) the Agency’s operating and capital budgets, including grants and contributions and revenues from the conduct of the Agency’s operations; and
(e) any other strategic information that the Treasury Board may require.
Marginal note:Form and manner of submission
(3) The Agency must submit the corporate business plan in the form and manner and within the time specified by the Treasury Board and provide any further information that the Treasury Board may require in respect of it.
Marginal note:Compliance with corporate business plan
48 The Agency must act in a manner consistent with its most recent corporate business plan and comply with any terms and conditions specified by the Treasury Board.
Marginal note:Summary of corporate business plan
Marginal note:Tabling in Parliament
(2) The Minister must cause a copy of the summary to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister approves it.
Marginal note:Contents of summary
(3) The summary of the corporate business plan must include a summary of each of the statements referred to in subsection 47(2) and a statement of the principles that will govern the Agency’s staffing program.
Marginal note:Separate agency
- 1999, c. 17, s. 50
- 2003, c. 22, s. 97
- 2017, c. 9, s. 55
Marginal note:Human resources management
(a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;
(b) determine requirements for the training and development of its personnel and fix the terms and conditions on which that training and development may be carried out;
(c) provide for the classification of Agency positions and employees;
(d) after consulting with the President of the Treasury Board, determine and regulate the pay to which persons employed by the Agency are entitled for services rendered, the hours of work and leave of those persons and any related matters;
(e) provide for the awards that may be made to persons employed by the Agency for outstanding performance of their duties, for other meritorious achievement in relation to those duties and for inventions or practical suggestions for improvements;
(f) establish standards of discipline for its employees and prescribe the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct and the circumstances and manner in which and the authority by which or by whom those penalties may be applied or may be varied or rescinded in whole or in part;
(g) provide for the termination of employment or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of persons employed by the Agency and establish the circumstances and manner in which and the authority by which or by whom those measures may be taken or may be varied or rescinded in whole or in part;
(h) after consulting with the President of the Treasury Board, determine and regulate the payments that may be made to Agency employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; and
(i) provide for any other matters that the Agency considers necessary for effective personnel management, including terms and conditions of employment not otherwise specifically provided for in this subsection.
Marginal note:Commissioner’s responsibility
(2) The Commissioner must apply the penalties, including termination of employment and suspension, under paragraph (1)(f) and provide for termination or demotion under paragraph (1)(g) on behalf of the Agency.
- 1999, c. 17, s. 51
- 2003, c. 22, s. 98
- 2012, c. 31, s. 515
Marginal note:Group insurance and benefit programs
52 (1) The Agency may establish or enter into a contract to acquire group insurance or benefit programs for its employees and may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management and control and expenditures to be made from those contributions and premiums, and may audit and make contributions and pay premiums in respect of those programs.
Marginal note:Financial Administration Act does not apply
(2) The Financial Administration Act does not apply to any contributions made or premiums paid by the Agency or the members in respect of any program established under subsection (1) or any benefits received by the members of such a program.
Marginal note:Appointment of employees
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