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Canadian High Arctic Research Station Act (S.C. 2014, c. 39, s. 145)

Act current to 2020-11-02 and last amended on 2018-06-21. Previous Versions

Canadian High Arctic Research Station Act

S.C. 2014, c. 39, s. 145

Assented to 2014-12-16

An Act to establish the Canadian High Arctic Research Station

[Enacted by section 145 of chapter 39 of the Statutes of Canada, 2014, in force June 1, 2015, see SI/2015-36.]

Short Title

Marginal note:Short title

 This Act may be cited as the Canadian High Arctic Research Station Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Arctic

Arctic, when used in relation to Canada, means those parts of Canada

  • (a) north of sixty degrees north latitude; or

  • (b) south of sixty degrees north latitude but north of the southern limit of the discontinuous permafrost zone. (Arctique)

Board

Board means the Board of Directors of CHARS. (conseil)

CHARS

CHARS means the Canadian High Arctic Research Station established by subsection 4(1). (SCREA)

immovable

immovable has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (immeuble)

Minister

Minister means the Minister designated under section 3. (ministre)

real property

real property has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (biens réels)

  • 2014, c. 39, s. 145 “2”
  • 2018, c. 12, s. 247

Designation

Marginal note:Designation of Minister

 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

CHARS Established

Marginal note:CHARS established

  •  (1) A corporation is established to be called the Canadian High Arctic Research Station.

  • Marginal note:Agent of Her Majesty

    (2) CHARS 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.

Purpose

Marginal note:Purpose

 The purpose of CHARS is to

  • (a) advance knowledge of the Canadian Arctic in order to improve economic opportunities, environmental stewardship and the quality of life of its residents and all other Canadians;

  • (b) promote the development and dissemination of knowledge of the other circumpolar regions, including the Antarctic;

  • (c) strengthen Canada’s leadership on Arctic issues; and

  • (d) establish a hub for scientific research in the Canadian Arctic.

Powers and Functions

Marginal note:CHARS — functions

  •  (1) In carrying out its purpose, CHARS is to

    • (a) undertake scientific research and develop technology;

    • (b) plan, direct, manage and implement programs and projects relating to scientific research and the development of technology;

    • (c) promote the testing, application, transfer, diffusion and commercialization of technology;

    • (d) encourage integration across disciplines and activities;

    • (e) publish and disseminate studies, reports and other documents;

    • (f) complement national and international networks of expertise and of facilities; and

    • (g) perform any other functions that the Minister assigns to it.

  • Marginal note:CHARS — powers

    (2) In carrying out its purpose, CHARS may

    • (a) construct, manage and operate research facilities and systems;

    • (b) spend any money that it receives through the conduct of its operations, in the fiscal year in which the money is received or in subsequent fiscal years;

    • (c) provide services and facilities to any department, board or agency of the Government of Canada, or to any other government or any organization or person;

    • (d) make recoverable expenditures on behalf of any department, board or agency of the Government of Canada, or on behalf of any other government or any organization or person;

    • (e) license, assign, sell or otherwise make available, and receive fees, royalties and payment for, any patent, copyright, industrial design, trademark, trade secret or other similar property right held, controlled or administered by CHARS;

    • (f) enter into contracts, agreements, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or of CHARS;

    • (g) lease personal property or movables, acquire any money, securities or other personal property or movables, including by purchase, gift or bequest or legacy, and — subject to any terms of the acquisition — spend or invest the money or securities;

    • (h) acquire real property or immovables, have the administration of the real property or immovables or acquire a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act;

    • (i) as lessor, lease any personal property or movables referred to in paragraph (g) or dispose by any means of property or movables acquired under that paragraph, subject to any terms on which the property or movables were acquired;

    • (j) subject to any terms on which the real property or immovables were acquired, dispose of any real property or immovables or give a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act; and

    • (k) undertake any other activities that the Board considers conducive to the furtherance of CHARS’s purpose and to the performance of its functions and exercise of its powers.

  • Marginal note:Approval of Governor in Council

    (3) Despite paragraphs (2)(h) and (j), CHARS may acquire or dispose of real property or immovables only with the approval of the Governor in Council.

  • Marginal note:Exception

    (4) Subsection (3) does not apply to any

    • (a) lease of real property or of an immovable; or

    • (b) disposition to a public utility or municipality of an easement or any other interest in real property, other than a fee simple, or of a servitude or any other immovable real right, other than the ownership of an immovable, if the disposition is necessary for the utility or municipality to carry out its activities, including the construction or maintenance of a public work.

    • (c) [Repealed, 2018, c. 12, s. 248]

  • Marginal note:Property of Her Majesty

    (5) Property acquired by CHARS is property of Her Majesty in right of Canada and title to it may be held in the name of Her Majesty in right of Canada or of CHARS.

  • Marginal note:Transfer of administration

    (6) Paragraph 16(1)(g) of the Federal Real Property and Federal Immovables Act applies to CHARS as if it were an agent corporation as defined in that Act.

  • 2014, c. 39, s. 145 “6”
  • 2018, c. 12, s. 248

Marginal note:Minister

  •  (1) The Minister may refer matters relating to Arctic science and technology to CHARS for its consideration.

  • Marginal note:Advice

    (2) CHARS must advise the Minister in respect of any matter that is referred to it under subsection (1).

  • Marginal note:Reports

    (3) The Minister may require CHARS to provide him or her with reports on its activities and operations, and may make such a report available to the public.

Board of Directors

Marginal note:Oversight of CHARS

  •  (1) The organization and administration of CHARS are to be overseen by a Board of Directors consisting of nine members, including a Chairperson and a Vice-chairperson. The members of the Board are to be appointed by the Governor in Council to hold office on a part-time basis.

  • Marginal note:Approval of plans and budgets

    (2) The Board’s oversight function includes approving CHARS’s science and technology plan as well as annual workplans and budgets referred to in subsection 17(2).

  • Marginal note:Qualifications of members

    (3) Persons appointed to the Board must have knowledge or experience that will assist CHARS in carrying out its purpose, having regard to the ethnic, linguistic and regional diversity of Canada’s Arctic.

 
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