National Research Council Act

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Sections109

• 1Short title

  This Act may be cited as the National Research Council Act.

• 2Definitions

  In this Act,

• 2[p2]

  Chairperson means the Chairperson of the Council appointed under subsection 3(1); (premier conseiller)

• 2[p3]Repealed

  company[Repealed, 1999, c. 31, s. 168]

• 2[p4]

  Council means the Council established by subsection 3(1); (Conseil)

• 2[p5]

  Minister means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

• 2[p6]

  President means the President of the Council appointed under subsection 3(1). (président)

• 3Council 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.

• 3(2)Council incorporated

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

• 3(2)(a)

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

• 3(2)(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.

• 3(2.1)Non-application of requirements

  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

• 3(2.1)(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

• 3(2.1)(b)

  relates to limits on liability or indemnification in those contracts.

• 3(2.2)Procurement of goods and services

  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.

• 3(2.3)Clarification

  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.

• 3(2.4)Legal services

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

• 3(3)Incorporation and acquisition of shares

  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.

• 3(4)Corporation

  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

• 3(4)(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

• 3(4)(b)

  Her Majesty otherwise controls the corporation.

• 4Duties of Council
• 4(1)

  The Council has charge of such matters affecting scientific and industrial research in Canada as may be assigned to it by the Governor in Council.

• 4(2)Research-related digital and information technology

  The design, development, testing and operation of research-related digital and information technology is essential to the carrying out of the Council’s duties.

• 5Powers of Council
• 5(1)

  Without limiting the general powers conferred on or vested in the Council by this Act, the Council may

• 5(1)(a)

  subject to the approval of the Governor in Council, make by-laws for the conduct of its business;

• 5(1)(b)

  control and direct the work of the Council through the President;

• 5(1)(c)

  undertake, assist or promote scientific and industrial research, including, without restricting the generality of the foregoing,

• 5(1)(c)(i)

  the utilization of the natural resources of Canada,

• 5(1)(c)(ii)

  researches with the object of improving the technical processes and methods used in the industries of Canada, and of discovering processes and methods that may promote the expansion of existing or the development of new industries,

• 5(1)(c)(iii)

  researches with the view of utilizing the waste products of those industries,

• 5(1)(c)(iv)

  the investigation and determination of standards and methods of measurements, including length, volume, weight, mass, capacity, time, heat, light, electricity, magnetism and other forms of energy, and the investigation and determination of physical constants and the fundamental properties of matter,

• 5(1)(c)(v)

  the standardization and certification of the scientific and technical apparatus and instruments for the Government service and for use in the industries of Canada, and the determination of the standards of quality of the materials used in construction of public works and of the supplies used in the various branches of the Government service,

• 5(1)(c)(vi)

  the investigation and standardization, at the request of any of the industries of Canada, of the materials used or usable in, or the products of, the industries making the request, and

• 5(1)(c)(vii)

  researches, the object of which is to improve conditions in agriculture;

• 5(1)(d)

  have charge of and direction or supervision over the researches that may be undertaken, under conditions to be determined in each case, by or for single industrial firms or by such organizations or persons as may desire to avail themselves of the facilities offered for this purpose;

• 5(1)(e)

  expend, for the purposes of this Act, any money appropriated by Parliament for the work of the Council or received by the Council through the conduct of its operations;

• 5(1)(f)

  acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any of the money, securities or other property subject to the terms, if any, on which the money, securities or other property is given, bequeathed or otherwise made available to the Council;

• 5(1)(g)

  appoint such scientific, technical and other officers as are nominated by the President, fix the tenure of their appointments, prescribe their several duties and, subject to the approval of the Governor in Council, fix their remuneration;

• 5(1)(h)

  authorize the President or any other officer of the Council to appoint persons to perform duties of a temporary nature for a period not exceeding six months;

• 5(1)(i)

  establish, operate and maintain a national science library;

• 5(1)(j)

  subject to the approval of the Minister, publish and sell or otherwise distribute such scientific and technical information as the Council deems necessary;

• 5(1)(k)

  carry on work and manufacturing of an experimental and developmental nature with respect to the matters referred to in paragraphs (c) and (d) so as to render the processes, methods or products relating to those matters more available and effective in useful arts and manufacturing and for scientific purposes and otherwise;

• 5(1)(l)

  license, sell or otherwise grant or make available to others, and receive royalties, fees and payment for, any intellectual property right — including any patent, copyright, industrial design, trademark, trade secret, know-how or other similar right and any such future right that is described under a written agreement — that is held, developed, administered or controlled by the Council, whether vested in Her Majesty in right of Canada or in the Council; and

• 5(1)(m)

  operate and administer any astronomical observatories established or maintained by the Government of Canada.

• 5(2)Delegation to President

  The Minister may authorize the President to approve on the Minister’s behalf the publication, sale or other distribution by the Council of scientific and technical information.

• 5(3)Public Servants Inventions Act

  Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by a public servant, as defined in section 2 of that Act, who is employed by the Council, and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in the Council.

• 5.1Drugs and devices — public health
• 5.1(1)

  The Council may engage in, and may direct or supervise, the production on any scale of drugs and devices, as those terms are defined in section 2 of the Food and Drugs Act, for the purpose of protecting or improving public health in Canada or elsewhere.

• 5.1(2)Approval or direction of Minister

  However, the Council may do anything referred to in subsection (1) that is not otherwise authorized under paragraph 5(1)(k) only with the approval, or under the direction, of the Minister given after the Minister has consulted with the Minister of Health.

• 6Tenure of office

  Each member of the Council, other than the President, shall be appointed to hold office for a term of not more than three years.

• 7Appointment of President

  The President shall be appointed to hold office for such term, not exceeding five years, as the Governor in Council may determine.

• 8Executive capacity of President

  The President is the chief executive officer of the Council and has supervision over and direction of the work of the Council and of the officers, technical and otherwise, appointed for the purpose of carrying on the work of the Council.

• 9Acting President
• 9(1)

  If the President is absent or unable to act or if the office of President is vacant, the Minister may appoint another person to act as President, but that person may act as President for a period of more than 90 days only with the approval of the Governor in Council.

• 18 and 19
• 9(2)Acting Chairperson

  If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Minister may appoint another person to act as Chairperson, but that person may act as Chairperson for a period of more than 90 days only with the approval of the Governor in Council.

• 10Re-appointment

  Any retiring President or other retiring member of the Council is eligible for re-appointment.

• 11Salary and expenses of President
• 11(1)

  The President shall be paid such salary and expenses as are fixed by the Governor in Council.

• 11(2)Repealed

  [Repealed, 2013, c. 40, s. 274]

• 11(3)Travel and other expenses

  The members of the Council, other than the President, shall serve without remuneration but each of those members is entitled to be paid reasonable travel and other expenses incurred while absent from his ordinary place of residence in the course of performing duties under this Act.

• 11(4)Remuneration for additional duties

  Notwithstanding subsection (3), a member of the Council, other than the President, shall, for any period during which the member performs with the approval of the Council any duties on its behalf in addition to his ordinary duties, be paid such remuneration therefor as may be authorized by the Council.

• 12Head office

  The head office of the Council shall be at such place in Canada as may be designated by the Governor in Council.

• 13Meetings

  The Council shall meet at least three times a year at the times and places in Canada that the Chairperson may determine. The Chairperson presides at those meetings.

• 14Executive committee
• 14(1)

  There is hereby established an executive committee of the Council consisting of the President and at least six other members to be selected by the Council.

• 14(2)Powers of executive committee

  The executive committee of the Council may exercise the powers of the Council and shall submit, at each meeting of the Council, minutes of the proceedings of that committee since the last preceding meeting of the Council.

• 15Agent of Her Majesty
• 15(1)

  The Council is for all purposes of this Act an agent of Her Majesty and it may exercise its powers under this Act only as an agent of Her Majesty.

• 15(2)Proceedings by and against the Council

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

• 16Audit relating to Council

  All the receipts and expenditures of the Council are subject to examination and audit by the Auditor General of Canada.

• 17Annual report to Parliament

  The President shall, within four months after the termination of each fiscal year, transmit to the Minister a report of the operations of the Council for that fiscal year and the Minister shall cause that report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

• 18Establishment
• 18(1)

  There is established a board, to be called the Procurement Oversight Board, consisting of

• 18(1)(a)

  not less than three or more than five members, including a Chair, who have a right to vote;

• 18(1)(b)

  one member who is a person employed by the Department of Public Works and Government Services and who does not have a right to vote; and

• 18(1)(c)

  one member who is a person employed in the federal public administration and who does not have a right to vote, if the Minister considers that member necessary to assist the Procurement Oversight Board in carrying out its duties.

• 481
• (2)Council incorporated
• 18(2)Duties

  The Procurement Oversight Board shall review and approve

• (a)
• 18(2)(a)

  the Council’s policy framework for procuring goods and services and any amendments to it; and

• (b)
• 18(2)(b)

  the Council’s proposals to enter into contracts for the procurement of goods and services if the procurement is complex or large-scale when measured by criteria established by the Procurement Oversight Board.

• (2.1)Non-application of requirements
• 18(3)Terms of reference

  The Minister may determine and amend the terms of reference of the Procurement Oversight Board.

• (a) #83
• 19Appointment
• (b) #84
• 19(1)

  Members of the Procurement Oversight Board, including the Chair, shall be appointed by the Minister.

• (2.2)Procurement of goods and services
• 19(2)Tenure of office

  Members of the Procurement Oversight Board shall be appointed to hold office on a part-time basis and during pleasure for a term of not more than four years, which may be renewed for a second term.

• (2.3)Clarification
• 20Remuneration
• (2.4)Legal services
• 20(1)

  Members of the Procurement Oversight Board shall be paid the remuneration that is fixed by the Minister.

• 20(2)Travel and other expenses

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

• 482
• (2) #89Research-related digital and information technology
• 21Meetings

  The Procurement Oversight Board shall meet at least twice a year.

• 22Activities

  The Procurement Oversight Board shall, within 90 days after the end of each fiscal year, provide a summary of its activities in that year to the Minister.

• 484
• (2) #91Duties
• (a) #92
• (b) #93
• 485