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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

Board of Directors (continued)

Marginal note:Terms of office

  •  (1) Members of the Board are appointed to hold office during pleasure for terms of up to five years.

  • Marginal note:Reappointment

    (2) A member of the Board is eligible for reappointment for a second term of office in the same or another capacity.

Marginal note:Remuneration

 Members of the Board are to be paid the remuneration that is fixed by the Governor in Council.

Marginal note:Expenses

 Members of the Board are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties under this Act.

Chairperson

Marginal note:Chairperson’s role

 The Chairperson presides over meetings of the Board and performs any other duties that are assigned by the Board.

Marginal note:Acting Chairperson

 In the event of the absence or incapacity of the Chairperson, or a vacancy in that office, the Vice-chairperson acts as Chairperson.

President of CHARS

Marginal note:Appointment of President

  •  (1) The President of CHARS is to be appointed by the Governor in Council to hold office during pleasure on a full-time basis for a term of up to five years.

  • Marginal note:Reappointment

    (2) The President is eligible for reappointment for one or more further terms of office.

Marginal note:Remuneration

 The President is to be paid the remuneration that is fixed by the Governor in Council.

Marginal note:Expenses

 The President is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of work in the course of his or her duties under this Act.

Marginal note:President’s role

  •  (1) The President is the chief executive officer of CHARS and is responsible for its day-to-day management and direction.

  • Marginal note:Plans and budgets

    (2) The President must submit to the Board for approval

    • (a) CHARS’s science and technology plan, which must be submitted at intervals of five years or less; and

    • (b) annual workplans and budgets.

Marginal note:Acting President

  •  (1) In the event of the absence or incapacity of the President, or a vacancy in that office, the Board must appoint an employee of CHARS to act as President.

  • Marginal note:Maximum acting period

    (2) However, the acting President may act as President for longer than 90 days only with the approval of the Governor in Council.

Human Resources

Marginal note:Authority

  •  (1) CHARS has authority over all matters relating to human resources management, including the determination of the terms and conditions of employment of its employees.

  • Marginal note:Supervision of CHARS employees

    (2) The President is to exercise supervision over and direction of the activities of the employees of CHARS.

Marginal note:Human resources management

 CHARS may, in the exercise of its authority in relation to human resources management,

  • (a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;

  • (b) provide for the classification of CHARS positions;

  • (c) determine and regulate the pay to which its employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;

  • (d) determine and regulate the payments that may be made to its 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

  • (e) take any other measures that CHARS considers necessary for effective human resources management.

Marginal note:CHARS’s power to appoint

 CHARS has the exclusive right and authority to appoint any employees that it considers necessary for carrying out its purpose.

Marginal note:Mobility to departments

  •  (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of CHARS must be treated as if they were employees within the meaning of that Act and had the rights of recourse provided by that Act.

  • Marginal note:When deployments made subject to terms

    (2) The Public Service Commission may, in consultation with the President of the Treasury Board, set terms and conditions for the deployment of CHARS’s employees to departments and agencies under the Public Service Employment Act if, in the opinion of the Commission, the principles governing CHARS’s staffing program are incompatible with those governing staffing under that Act.

  • Marginal note:Mobility to CHARS

    (3) When CHARS considers employees within the meaning of the Public Service Employment Act for employment within CHARS, it must treat them as if they were employees of CHARS and had the rights of recourse of CHARS’s employees.

Marginal note:Public Service Commission review

 The Public Service Commission may periodically review the compatibility of the principles governing CHARS’s staffing program with those governing staffing under the Public Service Employment Act and may report its findings in its annual report.

Marginal note:Political activities

 Part 7 of the Public Service Employment Act applies to the President and employees of CHARS. For the purposes of that Part, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and the employees of CHARS are deemed to be employees as defined in that subsection.

Offices and Meetings

Marginal note:Head office and other offices

 CHARS’s head office is to be in Cambridge Bay, Nunavut. The Board may establish other offices elsewhere in Canada that it considers necessary for carrying out CHARS’s purpose.

Marginal note:Meetings

  •  (1) Subject to subsection (2), the Board must meet at least three times in each year at the times and places that the Chairperson selects.

  • Marginal note:Northern meetings

    (2) At least one of the Board’s meetings in each year must be held at CHARS’s head office.

Marginal note:Committees

 The Board may appoint advisory or other committees. Each committee must include at least one person who is a member of the Board.

Bylaws

Marginal note:Bylaws

 The Board may make bylaws for the administration, management and control of the property, business and activities of CHARS, including bylaws

  • (a) respecting the constitution of any committees appointed under section 27 and the roles and duties of those committees;

  • (b) fixing reasonable allowances or expenses for those appointed to a committee under section 27 who are not members of the Board; and

  • (c) respecting the procedure at meetings of the Board and its committees.

General

Marginal note:Inventions

 Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an officer or employee of CHARS and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in CHARS.

Marginal note:Proceedings

 Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by CHARS 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 CHARS in the name of CHARS in any court that has jurisdiction with respect to the subject-matter of the claim.

 
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