Canadian Institutes of Health Research Act (S.C. 2000, c. 6)

Marginal note:Advising Minister

16 The Governing Council shall advise the Minister in respect of any matter that the Minister refers to it for its consideration.

Marginal note:Personnel

• 17 (1) The Governing Council may

  • (a) appoint, layoff or terminate the employment of the employees of the CIHR; and

  • (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of employment otherwise than for cause, of employees.

• Marginal note:Right of employer

  (2) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the CIHR and the Governing Council may

  • (a) determine the organization of and classify the positions in the CIHR;

  • (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign duties to them; and

  • (c) provide for any other matters that the Governing Council considers necessary for effective human resources management in the CIHR.

Marginal note:Collective agreements

18 Notwithstanding section 112 of the Federal Public Sector Labour Relations Act, the Governing Council may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the CIHR that is applicable to employees of that bargaining unit.

Marginal note:By-laws

19 The Governing Council may, with the approval of the Governor in Council, make by-laws for the regulation of its proceedings and generally for the conduct of its activities.

Health Research Institutes

Marginal note:Establishment

• 20 (1) The Governing Council shall

  • (a) establish, maintain and terminate Health Research Institutes, and determine the mandate of each one;

  • (b) create an Advisory Board for each Health Research Institute and appoint the members of the Advisory Boards; and

  • (c) appoint a Scientific Director for each Health Research Institute.

• Marginal note:Mission

  (2) Each Health Research Institute shall support individuals, groups and communities of researchers for the purpose of implementing, within its mandate, the objective of the CIHR.

• Marginal note:Role and functioning

  (3) The Governing Council shall develop policies respecting the role and functioning of Health Research Institutes and their Advisory Boards and Scientific Directors.

• Marginal note:Appointments to Advisory Boards

  (4) The Governing Council shall appoint to the Advisory Boards women and men who are able to contribute to the achievement of the objective of the CIHR in the overall interests of Canadians. The Governing Council shall consider appointing women and men who reflect the highest standards of scientific excellence and a range of relevant backgrounds and disciplines, such as researchers in the fields of bio-medical research, clinical research and research respecting health systems, health services, the health of populations, societal and cultural dimensions of health and environmental influences on health.

Marginal note:Quintennial review

21 The Governing Council shall review the mandate and performance of each Health Research Institute at least every five years after it is established and determine whether its mandate or the policies respecting its role and functioning should be amended or whether it should be merged with another Health Research Institute or terminated.

Marginal note:Travel and living expenses

• 22 (1) Members of an Advisory Board shall serve without remuneration, but may be paid the travel and living expenses fixed by the Governor in Council that they incur while absent from their ordinary place of residence in the course of performing duties and functions under this Act.

• Marginal note:Other benefits

  (2) The members of an Advisory Board are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act.

• Marginal note:Performing other duties or functions

  (3) A member of an Advisory Board, who with the approval of the Governing Council performs any duties or functions on its behalf in addition to their duties and functions as a member of the Advisory Board, may be paid the fees that are fixed by the Governor in Council.

President and Employees

Marginal note:President

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

• Marginal note:Acting President

  (2) In the event of the absence or incapacity of the President or a vacancy in that office, the Governing Council may authorize an officer of the CIHR to act as President, but no person may act as President for a period exceeding 90 days without the approval of the Governor in Council.

Marginal note:Part 7 of the Public Service Employment Act

24 For the purposes of Part 7 of the Public Service Employment Act, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and an employee of the CIHR is deemed to be an employee as defined in subsection 2(1) of that Act.

Marginal note:Benefits

25 The employees of the CIHR are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act.

Powers

Marginal note:Ancillary powers

26 The CIHR may, for the purpose of achieving its objective,

• (a) provide funding to promote, assist and undertake health research and to otherwise carry out its objective;

• (b) enter into contracts, agreements, memoranda of understanding or other arrangements with a department or agency of the Government of Canada, with any other government or any of its agencies or with any person or organization in the name of Her Majesty in right of Canada or in its own name;

• (c) with the approval of the Governor in Council, enter into a partnership, or incorporate by itself or with others a corporation, including a subsidiary of the CIHR, under the Canada Business Corporations Act, the Canada Not-for-profit Corporations Act or provincial legislation, or acquire or dispose of shares in any corporation;

• (d) with the approval of the Treasury Board, acquire or lease real property or immovables and, subject to the terms and conditions on which the property or immovables were acquired or leased, hold, lend, administer or dispose of the property or immovables;

• (e) acquire or lease personal property or movables and, subject to the terms and conditions on which the property or movables were acquired or leased, hold, lend, invest, administer or dispose of the property or movables;

• (f) license, assign, sell or otherwise make available any patent, copyright, industrial design, trademark, trade secret or other like property right held, controlled or administered by the CIHR;

• (g) publish, sell or otherwise disseminate studies, reports and other documents of the CIHR; and

• (h) do anything else that is necessary or incidental to achieving the objective.

Marginal note:Title to property

27 Property acquired by the CIHR is property of Her Majesty in right of Canada and title to it may be held in the name of Her Majesty or in the name of the CIHR.

Marginal note:Choice of service providers

• 28 (1) Notwithstanding section 9 of the Department of Public Works and Government Services Act, the CIHR may procure goods and services from outside the federal public administration.

• Marginal note:Legal services

  (2) The CIHR may procure legal services from outside the federal public administration only with the approval of the Attorney General of Canada or the Governor in Council.

Marginal note:Expending money

29 For the purpose of achieving its objective, the CIHR may expend

• (a) any money it receives by way of gift or bequest; and

• (b) with the approval of Treasury Board, any money it receives through conducting its operations.

Marginal note:Legal proceedings

30 Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the CIHR, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the CIHR in the name of the CIHR in any court that would have jurisdiction if the CIHR were not an agent of Her Majesty.

Reports

31 [Repealed, 2012, c. 19, s. 191]

Marginal note:Annual report

• 32 (1) The Governing Council shall, within four months after the end of each fiscal year, submit to the Minister a report on the operations and activities of the CIHR in that fiscal year and its strategic directions and goals, and shall include the CIHR’s financial statements.

• Marginal note:Tabling in Parliament

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

Transitional

Marginal note:Deemed appropriation

• Footnote ^*33 (1) Any amount that is appropriated for the Medical Research Council for the fiscal year in which section 51 comes into force and that is unexpended on the day that Act is repealed is deemed, as of that day, to be appropriated for the CIHR.

  • Return to footnote ^*[Note: Section 51 in force May 31, 2001, see SI/2001-66.]

• Marginal note:Unexpended appropriations for Medical Research Council

  Footnote ^*(2) If, in any fiscal year, any provision of sections 1 to 50 comes into force before section 51 comes into force, the Minister may, with the approval of the Treasury Board, allocate to the CIHR the portion of the appropriation for the Medical Research Council for that year that the Minister considers appropriate.

  • Return to footnote ^*[Note: Act, except sections 40, 41, 43, 45, 47, 49 and 51, in force June 7, 2000, see SI/2000-46; sections 40, 41, 43, 45, 47, 49 and 51 in force May 31, 2001, see SI/2001-66.]