National Research Council Act

Marginal note:Council established

• 3 (1) There is established a Council, to be called the National Research Council of Canada, consisting of a President, a Chairperson and not more than 10 other members, to be appointed by the Governor in Council.

• Marginal note:Council incorporated

  (2) The Council is a corporation that has power, for the purposes of this Act, to

  • (a) acquire, hold, sell or otherwise dispose of and loan or lease real, personal, movable and immovable property; and

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

• Marginal note:Non-application of requirements

  (2.1) Despite the Financial Administration Act, including subsection 41(1) of that Act, the Council is not subject to any requirement established by the Treasury Board under that Act that

  • (a) limits, on the basis of financial criteria, the power of the Council to enter into contracts for the procurement of goods and services; or

  • (b) relates to limits on liability or indemnification in those contracts.

• Marginal note:Procurement of goods and services

  (2.2) Despite section 9 of the Department of Public Works and Government Services Act, the Council may procure goods and services from outside the federal public administration.

• Marginal note:Clarification

  (2.3) For greater certainty, the power to procure goods and services includes the power to procure goods and services relating to construction and to research-related digital and information technology.

• Marginal note:Legal services

  (2.4) The Council may procure legal services from outside the federal public administration only with the approval of the Attorney General of Canada.

• Marginal note:Incorporation and acquisition of shares

  (3) The Council, as well as a corporation described in subsection (4), may do anything in respect of which paragraph 90(1)(a) or (b) of the Financial Administration Act applies only with the approval of the Governor in Council and in accordance with any conditions that the Governor in Council may impose.

• Marginal note:Corporation

  (4) Subsection (3) applies with respect to a corporation if any of its shares, within the meaning of Part X of the Financial Administration Act, are held by the Council and either

  • (a) a majority of the corporation’s directors or members are nominated or appointed by or on behalf of Her Majesty in right of Canada or by directors or members who were nominated or appointed by or on behalf of Her Majesty; or

  • (b) Her Majesty otherwise controls the corporation.