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

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.]

Marginal note:Transfer of rights, property, obligations and liabilities

• 34 (1) All rights and property and all obligations and liabilities of the Medical Research Council are transferred to the CIHR.

• Marginal note:References

  (2) Every reference to the Medical Research Council in a deed, contract or other document executed by the Medical Research Council in its own name is to be read as a reference to the CIHR, unless the context requires otherwise.

Marginal note:Commencement of legal proceedings

• 35 (1) Any action, suit or other legal proceeding in respect of any obligation or liability incurred by the Medical Research Council may be brought against the CIHR in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Medical Research Council.

• Marginal note:Continuation of legal proceedings

  Footnote ^*(2) Any action, suit or other legal proceeding to which the Medical Research Council is a party that is pending in any court on the day on which section 51 comes into force may be continued by or against the CIHR in like manner and to the same extent as it could have been continued by or against the Medical Research Council.

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

Marginal note:Offer of employment

• 36 (1) Every person employed by the Medical Research Council who is appointed for an indeterminate period is deemed to have received an offer of employment from the CIHR.

• Marginal note:Deemed acceptance

  Footnote ^*(2) An employee who does not notify the CIHR in writing within 30 days after the day subsection (1) comes into force that the employee refuses the offer from the CIHR is deemed to have accepted it.

  • Return to footnote ^*[Note: Subsection 36(1) in force June 7, 2000, see SI/2000-46.]

• Marginal note:Start and termination of employment

  Footnote ^*(3) An employee who accepts or is deemed to have accepted an offer begins their employment with the CIHR, and has their employment with the Medical Research Council terminated, on the day agreed to by the Medical Research Council and the CIHR but, in any event, no later than the day on which section 51 comes into force.

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

• Marginal note:Continuation of terms and conditions of employment

  (4) The employee continues to be subject to the same terms and conditions of employment until they are modified by the CIHR.

• Marginal note:Severance liability

  (5) The employee is not entitled to receive severance pay on termination of their employment with the Medical Research Council, but the CIHR is deemed to accept the accumulated severance liability of the Medical Research Council to them.

• Marginal note:Designated positions

  (6) If the employee’s position with the Medical Research Council was designated under section 78.1, 78.2 or 78.4 of the Public Service Staff Relations Act, the employee is deemed to occupy a position with the CIHR that is a designated position until the designation of the position with the CIHR is changed under section 78.4 of that Act.

• Marginal note:When offer refused

  (7) A person who refuses an offer referred to in subsection (1) is entitled to receive the benefits and severance pay provided under the applicable collective agreement or policies of the Medical Research Council for termination by the Council of the person’s employment.

Marginal note:Term employees

Footnote ^*37 Every person employed by the Medical Research Council who is not appointed for an indeterminate period continues as an employee of the CIHR, subject to the same terms and conditions of employment, on the day agreed to by the Medical Research Council and the CIHR but, in any event, no later than the day on which section 51 comes into force.

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

Marginal note:Collective agreements and arbitral awards

• Footnote ^*38 (1) Any collective agreement or arbitral award that, after this subsection comes into force and before section 51 comes into force, applies to an employee of the Medical Research Council who becomes an employee of the CIHR continues to apply with respect to that employee with the CIHR as the separate employer for the purposes of the agreement or award until its term expires.

  • Return to footnote ^*[Note: Subsection 38(1) in force June 7, 2000, see SI/2000-46; section 51 in force May 31, 2001, see SI/2001-66.]

• Marginal note:Collective agreements and arbitral awards

  Footnote ^*(2) Any collective agreement or arbitral award that applies with respect to the Medical Research Council and that is in effect on the day that section 51 comes into force continues in effect with the CIHR as the separate employer for the purposes of the agreement or award until its term expires. Subsections 48.1(2) to (8) of the Public Service Staff Relations Act apply as though the agreement or award were one referred to in subsection 48.1(1) of that Act.

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

Marginal note:Pending grievances

• Footnote ^*39 (1) Any grievance commenced under the Public Service Staff Relations Act by an employee of the Medical Research Council that has not been finally dealt with on the day on which section 51 comes into force shall be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Council had not been terminated.

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

• Marginal note:Implementation of decision

  (2) The CIHR shall implement, as soon as feasible, any action required by a final decision with respect to a grievance referred to in subsection (1).