Telefilm Canada Act

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Sections77

• 1Short title

  This Act may be cited as the Telefilm Canada Act.

• 2Definitions

  In this Act,

• 2[p2]Repealed

  Canadian feature film and Canadian feature film production[Repealed, 2005, c. 14, s. 1]

• 2[p3]

  Corporation means Telefilm Canada, established by section 3; (Société)

• 2[p4]Repealed

  film activity[Repealed, 2005, c. 14, s. 1]

• 2[p5]Repealed

  film-maker[Repealed, 2005, c. 14, s. 1]

• 2[p6]Repealed

  film production[Repealed, 2005, c. 14, s. 1]

• 2[p7]Repealed

  film technician[Repealed, 2005, c. 14, s. 1]

• 2[p8]

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

• 3Corporation established

  There is hereby established a corporation, to be known as Telefilm Canada, consisting of six members to be appointed by the Governor in Council as provided in section 4 and the Government Film Commissioner appointed under the National Film Act.

• 4Appointment and tenure of office of members
• 4(1)

  Each of the members of the Corporation, other than the Government Film Commissioner, shall be appointed to hold office for a term of five years, except that, of those members first appointed, three shall be appointed for a term of three years and three shall be appointed for a term of five years.

• 4(2)Chairperson

  The Governor in Council shall designate one of the members of the Corporation to serve as chairperson of the Corporation during pleasure and the chairperson may receive a yearly honorarium to be determined by the Governor in Council.

• 4(3)Eligibility for re-appointment

  A retiring member of the Corporation is eligible for re-appointment.

• 4(4)Filling vacancy

  When a member of the Corporation ceases to be a member before the end of the term for which he was appointed, the Governor in Council shall appoint a person to be a member of the Corporation for the remainder of that term.

• 5Eligibility for membership

  No person who has, directly or indirectly and individually or as a shareholder, partner or otherwise, any pecuniary interest in the audio-visual industry is eligible to be appointed or to hold office as a member of the Corporation.

• 6Remuneration and expenses

  Each member of the Corporation, other than the Government Film Commissioner or other member of the federal public administration, shall be paid such remuneration for each day that member of the Corporation attends any meeting thereof as may be fixed by by-law of the Corporation, and each member of the Corporation is entitled to be paid reasonable travel and living expenses incurred while absent from his ordinary place of residence in the course of his duties under this Act.

• 7Quorum

  A majority of the members of the Corporation constitutes a quorum for the transaction of the business of the Corporation.

• 8Right to act not impaired by vacancy

  A vacancy in the membership of the Corporation does not impair the right of the remaining members to act.

• 9Vice-chairperson

  The Corporation may designate one of its members to be vice-chairperson of the Corporation and the vice-chairperson shall, in the event of the absence or incapacity of the chairperson of the Corporation or if the office of chairperson is vacant, act as chairperson.

• 10Mandate
• 10(1)

  The mandate of the Corporation is to foster and promote the development of the audio-visual industry in Canada and to act in connection with agreements entered into under subsection (8).

• 10(2)General capacity

  For the purpose of carrying out its mandate, the Corporation has the capacity, rights, powers and privileges of a natural person.

• 10(3)Specific powers

  Without limiting the generality of subsection (2), the Corporation may

• 10(3)(a)

  invest in individual Canadian audio-visual productions in return for a share in the proceeds from those productions;

• 10(3)(b)

  make loans to producers of individual Canadian audio-visual productions and charge interest on those loans;

• 10(3)(c)

  make awards for outstanding accomplishments in Canadian audio-visual productions;

• 10(3)(d)

  make grants to audio-visual industry professionals resident in Canada to assist them in improving their craft; and

• 10(3)(e)

  advise and assist Canadian audio-visual producers in the distribution of their works and in the administrative functions of audio-visual production.

• 10(4)Borrowing

  The Corporation shall not borrow money within the meaning of Part X of the Financial Administration Act otherwise than from the Crown.

• 10(5)Loan guarantees

  Despite subsection (4), the Corporation may, in accordance with terms and conditions approved by the Treasury Board and the Minister of Finance, guarantee loans for audio-visual productions and their distribution.

• 10(6)Canadian content, ownership, etc.

  For the purposes of this Act, a Canadian audio-visual production is an audio-visual production in respect of which the Corporation has determined

• 10(6)(a)

  that the completed production will, in the judgment of the Corporation, have a significant Canadian creative, artistic and technical content, and that arrangements have been made to ensure that the copyright in the completed production will be owned by an individual resident in Canada, by a corporation incorporated under the laws of Canada or a province or by any combination of owners described in this paragraph; or

• 10(6)(b)

  that provision has been made for the production under a co-production agreement entered into between Canada and another country.

• 10(7)Corporation not a partner

  The Corporation shall not be regarded as a partner in any production in which it may invest, and its liability shall be limited to the amount of its investment in the production.

• 10(8)Contribution agreements

  The Corporation may enter into agreements with the Department of Canadian Her­itage for the provision of services or programs relating to the audio-visual or sound recording industries.

• 10(9)Consultation and cooperation

  The Corporation shall, to the greatest possible extent consistent with the performance of its duties under this Act,

• 10(9)(a)

  carry out its mandate in the broader context of the policies of the Government of Canada with respect to culture; and

• 10(9)(b)

  consult and cooperate with any departments, boards and agencies of the Government of Canada and the governments of the provinces that have a mandate related to the mandate of the Corporation.

• 11Meetings

  The members of the Corporation shall meet at such times and places as they deem necessary but shall meet at least six times a year.

• 12Executive director
• 12(1)

  The Governor in Council may, on the recommendation of the Corporation, appoint an executive director of the Corporation, who shall hold office during pleasure and shall be paid such salary as is fixed by the Governor in Council.

• 12(2)Functions of executive director

  The executive director is the chief executive officer of the Corporation, has supervision over and direction of the work and staff of the Corporation and may attend the meetings of the Corporation.

• 13By-laws

  The Corporation may, subject to the approval of the Minister, make by-laws for the regulation of its proceedings and generally for the conduct and management of its activities.

• 14Advisory Group

  The Minister may, on the recommendation of the Corporation, appoint an Advisory Group, broadly representative of the professional associations, exhibitors, distributors and unions in the Canadian film industry and including other qualified persons, to advise the Corporation on matters that the Minister or the Corporation may refer to it.

• 15Staff and special advisers

  The Corporation may employ such officers and employees and such technical and professional advisers as it considers necessary for the proper conduct of its activities, at such remuneration and on such other terms and conditions as it deems fit.

• 16No application of Public Service Superannuation Act to members

  The Public Service Superannuation Act does not apply to the members of the Corporation as such.

• 17Corporation agent of Her Majesty
• 17(1)

  The Corporation is for all its purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty.

• 17(2)Contracts

  The Corporation may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in the name of the Corporation.

• 17(3)Property

  Property acquired by the Corporation is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Corporation.

• 17(4)Proceedings

  Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Corporation 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 Corporation in the name of the Corporation in any court that would have jurisdiction if the Corporation were not an agent of Her Majesty.

• 18Appropriation

  There is hereby appropriated for the purposes of this Act the sum of twenty-five million dollars to be paid out of the Consolidated Revenue Fund from time to time as required pursuant to this Act.

• 19Advance Account for corporation
• 19(1)

  There shall be established in the accounts of Canada a special account to be known as the Telefilm Canada Advance Account.

• 19(2)Amounts to be charged to Account

  All amounts required for the purposes of paragraphs 10(3)(a) and (b) and subsection 10(5) shall be paid and shall be charged to that Account.

• 19(2)(a)

  out of the amount appropriated by section 18, or

• 19(2)(b)

  out of amounts credited to the Telefilm Canada Advance Account under subsection (3),

• 19(3)Amounts to be credited to Account

  The Corporation shall pay to the Receiver General, to be deposited in the Consolidated Revenue Fund and credited to the Telefilm Canada Advance Account, all amounts received by the Corporation as or on account of

• 19(3)(a)

  proceeds from any production in which the Corporation has invested under paragraph 10(3)(a);

• 19(3)(b)

  the principal amount of or interest on any loan made by the Corporation under paragraph 10(3)(b); or

• 19(3)(c)

  fees charged by the Corporation in respect of loan guarantees provided under subsection 10(5).

• 20Amounts to be charged to budgetary expenditures

  All amounts required shall be paid out of the amount appropriated by section 18 and shall be charged to budgetary expenditures.

• 20(a)

  for the purposes of paragraphs 10(3)(c) to (e), and

• 20(b)

  for the payment of salaries and other expenses, including expenses of administration, under this Act,

• 21Repealed provisions continued in respect of Corporation
• 21(1)

  Part VIII of the Financial Administration Act, chapter F-10 of the Revised Statutes of Canada, 1970, as it read immediately before September 1, 1984, continues to apply in respect of the Corporation as if it had not been repealed and as if the Corporation continued to be named in Schedule C to that Act.

• 21(2)Financial Administration Act

  Sections 90 to 93, subsection 94(2) and sections 95, 99, 100 and 102 of the Financial Administration Act apply, with any necessary modifications, to the Corporation.

• 22Annual audit

  The accounts and financial transactions of the Corporation shall be audited annually by the Auditor General of Canada, and a report of the audit shall be made to the Corporation and to the Minister.

• 23Annual report
• 23(1)

  The chairperson of the Corporation shall, within three months after the termination of each fiscal year, submit to the Minister a report in such form as the Minister may prescribe relating to the activities of the Corporation for that fiscal year, including the financial statement of the Corporation and the report of the Auditor General of Canada thereon.

• 23(2)Tabling report

  The Minister shall cause the report submitted under subsection (1) to be laid before Parliament within fifteen days after the receipt thereof by the Minister or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

• 10 #72Powers, duties and functions

  Wherever, under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the Canadian Film Development Corporation, that power, duty or function is vested in or exercisable by Telefilm Canada.

• 11 #73References

  Every reference to the Canadian Film Development Corporation in any deed, contract or other document executed by the Canadian Film Development Corporation in its own name shall, unless the context otherwise requires, be read as a reference to Telefilm Canada.

• 12 #74Rights and obligations transferred

  All rights and property of the Canadian Film Development Corporation, rights and property held in its name or held in trust for it and all its obligations and liabilities are deemed to be rights, property, obligations and liabilities of Telefilm Canada.

• 13 #75Continuation of legal proceedings

  Any legal proceeding to which the Canadian Film Development Corporation is party pending in any court immediately before the day on which this section comes into force may be continued by or against Telefilm Canada in the same manner and to the same extent as it could have been continued by or against the Canadian Film Development Corporation.

• 9 #76Validation

  Everything done by Telefilm Canada before the coming into force of this Act is valid to the same extent as it would have been were it done after that coming into force.