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Canada Foundation for Sustainable Development Technology Act (S.C. 2001, c. 23)

Act current to 2020-10-05 and last amended on 2017-12-31. Previous Versions

Members (continued)

Marginal note:Terms of members

  •  (1) Subject to subsections (2) and (3), members shall be appointed to hold office during good behaviour for terms not exceeding five years.

  • Marginal note:Removal from office

    (2) Any member appointed under subsection 13(2) may be removed for cause by the Governor in Council. Any member appointed under subsection 13(4), (6) or (7) may be removed for cause by a special resolution.

  • Marginal note:Continuation in office

    (3) Except where they cease to be members under subsection (6), members shall continue to hold office until their successors are appointed.

  • Marginal note:Additional terms of office

    (4) A member is eligible to be reappointed for one or more terms not exceeding five years each.

  • Marginal note:Term of Replacements

    (5) A person appointed to fill a vacancy in the office of a member who has ceased to hold the office before the expiry of the member’s term of office shall be appointed to hold office for the unexpired portion of that term.

  • Marginal note:Ceasing to be member

    (6) A member ceases to be a member when the member

    • (a) dies;

    • (b) resigns;

    • (c) is appointed to the Senate;

    • (d) is elected to the House of Commons or to the legislature of a province;

    • (e) is appointed as a director;

    • (f) becomes an employee or agent of Her Majesty in right of Canada or in right of a province;

    • (g) ceases to be ordinarily resident in Canada;

    • (h) becomes disqualified under subsection 105(1) of the Canada Business Corporations Act; or

    • (i) is removed from office under subsection (2).

Marginal note:Member representation and experience

 The appointment of members shall be made having regard to the following considerations:

  • (a) the need to ensure, as far as possible, that at all times the membership will be representative of

    • (i) persons engaged in the development and demonstration of technologies to promote sustainable development, including technologies to address issues related to climate change and the quality of air, water and soil,

    • (ii) the business community, and

    • (iii) not-for-profit organizations;

  • (b) the importance of having membership that is representative of various regions of Canada and includes men and women who are able to contribute to the achievement of the objects and purposes of the Foundation; and

  • (c) the need for a membership that has sufficient knowledge of technologies that promote sustainable development.

  • 2001, c. 23, s. 15
  • 2004, c. 22, s. 14

Marginal note:Expenses for members

  •  (1) Members shall serve without remuneration but are entitled to be paid from the funds of the Foundation reasonable travel and living expenses incurred by them in the performance of their duties under this Act while absent from their ordinary place of residence.

  • Marginal note:Members not to profit

    (2) Except as provided under subsection (1), no member shall profit or gain any income or acquire any property from the Foundation or its activities.

Staff

Marginal note:Staff

  •  (1) The board may appoint any officers, employees and agents of the Foundation that it considers necessary to carry out the objects and purposes of the Foundation.

  • Marginal note:Designation of offices

    (2) Subject to the by-laws of the Foundation, the board may designate the offices of the Foundation and specify the duties and functions of each office.

  • Marginal note:Directors and members not employees or agents

    (3) Directors and members are not eligible to be employees or agents of the Foundation.

  • Marginal note:Not part of public service of Canada

    (4) The directors, members, officers, employees and agents of the Foundation are not, because of being directors, members, officers, employees or agents of the Foundation, part of the federal public administration.

  • 2001, c. 23, s. 17
  • 2003, c. 22, s. 224(E)

Operations

Marginal note:Administrative expenses

 From its funds, the Foundation may pay salaries and wages of its officers and employees, rent for its accommodation, remuneration for its directors and agents, reimbursement to the directors and members for reasonable travel and living expenses incurred by them in the performance of their duties under this Act while absent from their ordinary place of residence, and other costs and expenses of carrying on the business of the Foundation.

Marginal note:Funding for eligible projects

  •  (1) From its funds, the Foundation may provide funding to eligible recipients to be used by them solely for the purposes of eligible projects in accordance with any terms and conditions specified by the Foundation in respect of the funding, including terms and conditions as to repayment of the funding, intellectual property rights and the maximum amount and proportion of funding for eligible projects to be provided by the Foundation.

  • Marginal note:Agreement with eligible recipient

    (2) The Foundation shall enter into an agreement with an eligible recipient respecting, among other things,

    • (a) the manner in which the Foundation will make advances in respect of funding to the eligible recipient and when those advances will be made;

    • (b) any terms or conditions on which the funding will be provided, including those terms and conditions referred to in subsection (1);

    • (c) the evaluation of the eligible recipient’s performance in achieving the objectives of the eligible project and the evaluation of the results of the project, including the potential performance of the technology that is developed and demonstrated by the project; and

    • (d) if the eligible recipient is composed of organizations, each of which has legal capacity, the requirement for those organizations to be jointly and severally or solidarily liable for the obligations of that eligible recipient.

  • Marginal note:Foundation not to acquire an interest

    (3) In providing funding to an eligible recipient in respect of an eligible project, the Foundation shall not acquire any interest, whether through the acquisition of share capital, a partnership interest or otherwise, in any research infrastructure acquired by the eligible recipient for the project.

Marginal note:Donations to Foundation

  •  (1) Subject to subsection (3), the Foundation may accept conditional or unconditional donations of money.

  • Marginal note:Use of donations

    (2) All money donated to the Foundation, and any income arising from the investment of that money, shall be used by the Foundation in carrying out its objects and purposes in accordance with the terms and conditions of any agreement for provision of funding entered into between a donor and the Foundation.

  • Marginal note:Conditional donations

    (3) The Foundation shall not accept a donation of money that is made on the condition that the Foundation use the money or any income arising from the investment of the money for any purpose that is not within the objects and purposes of the Foundation.

  • Marginal note:Exception

    (4) Subsection (3) does not apply if the conditions of a donation of money merely restrict or direct the manner of investing the money until it can be used to provide funding to eligible recipients for eligible projects.

Marginal note:Investment policies

 The board shall establish investment policies, standards and procedures that a reasonably prudent person would apply in respect of a portfolio of investments to avoid undue risk of loss and obtain a reasonable return, having regard to the Foundation’s obligations and anticipated obligations.

Marginal note:Investments

  •  (1) Subject to any conditions of a donation restricting the investment of money donated until it can be used to provide funding to eligible recipients for eligible projects, the Foundation shall invest its funds, and reinvest any income from those funds, in accordance with the investment policies, standards and procedures established by the board.

  • Marginal note:Incorporation of other corporations

    (2) The Foundation shall not cause any corporation to be incorporated or participate in the incorporation of a corporation or become a partner in a partnership.

  • Marginal note:Control of corporation

    (3) Except for the investment of its funds, the Foundation shall not carry on any business for gain or profit and shall not hold or acquire any interest in any corporation or enterprise.

 
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