  Federal Accountability Act - Text of Bill C-2
220. The Act is amended by adding the
following after section 53:
AWARDS
Awards
53.1 If a finding of
wrongdoing results from a disclosure made under this Act or from the provision of information to the Commissioner
referred to in section 33 and the Commissioner is of the opinion that the person who made the disclosure or provided
the information has shown courage in defending the public interest, the Commissioner may
(a) pay to the
person a financial award in an amount of not more than $1,000; or
(b) make any other
award to the person that the Commissioner, in his or her discretion, considers to be appropriate in the circumstances,
the value of which may not be more than $1,000.
Clause
220: New.
221. Subsection 54.1(1) of the Act is
replaced by the following:
Transitional - staff
54.1 (1) Each
person employed in the Agency in the administrative unit known as the Office of the Public Service Integrity Officer
assumes, on the coming into force of this section, a position in the Office of the Public Sector Integrity
Commissioner.
Clause
221: Existing text of subsection 54.1(1):
54.1 (1) Each person employed in the Public Service Human Resources Management Agency of Canada in the administrative
unit known as the Office of the Public Service Integrity Officer assumes, on the coming into force of this section, a
position in the Office of the Public Sector Integrity Commissioner.
222. Section 55 of the Act is replaced by
the following:
55. The Access to Information Act is amended by adding the following in numerical
order:
Public Sector Integrity
Commissioner
16.4 The Public Sector
Integrity Commissioner shall refuse to disclose any record requested under this Act that contains
information
(a) obtained or
created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the
Public Servants Disclosure Protection Act or an investigation commenced under
section 33 of that Act; or
(b) received by a
conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that
Act.
Public Servants Disclosure Protection
Act
16.5 The head of a
government institution shall refuse to disclose any record requested under this Act that contains information created
for the purpose of making a disclosure under the Public Servants Disclosure
Protection Act or in the course of an investigation into a disclosure under that Act.
55.1 Schedule I to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
Registry of the Public Servants
Disclosure Protection Tribunal
Greffe du
Tribunal de la protection des fonctionnaires divulgateurs d'actes répréhensibles
Clause
222: Existing text of section 55:
55. Section 16 of the Access to Information Act is amended by adding the following after subsection
(1):
(1.1) If the record came into
existence less than five years before the request, the head of a government institution may refuse to disclose any
record requested under this Act that contains information
(a) prepared in relation to or as a result of a disclosure or an investigation under the
Public Servants Disclosure Protection Act; or
(b) obtained by a supervisor or a senior officer designated under subsection 10(2) of that
Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation
under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a
public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.
223. Section 56 of the Act is replaced by
the following:
56. The schedule to the Canada Evidence Act is amended by adding the following after item 19:
20. The Public Sector
Integrity Commissioner, for the purposes of sections 26 to 35 of the Public Servants Disclosure Protection Act.
R.S., c. F-7; 2002, c. 8, s.
14
Federal Courts Act
56.1 Subsection 28(1) of the Federal Courts Act is amended by striking out the word "and" at the end of paragraph
(o), by adding the word "and" at the end of paragraph (p) and by adding the following after paragraph (p):
(q) the
Public Servants Disclosure Protection Tribunal established by the Public Servants
Disclosure Protection Act.
R.S., c. F-11
Financial Administration Act
56.2 Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in
column I:
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
and a corresponding reference in column II
to the "President of the Treasury Board".
56.3 Schedule I.1 to the Act is amended by
adding the following in alphabetical order in column I:
Registry of the Public Servants
Disclosure Protection Tribunal
Greffe du
Tribunal de la protection des fonctionnaires divulgateurs d'actes répréhensibles
and a corresponding reference in column II
to the "Minister of Canadian Heritage".
56.4 Schedule IV to the Act is amended by
adding the following in alphabetical order:
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
Registry of the Public Servants
Disclosure Protection Tribunal
Greffe du
Tribunal de la protection des fonctionnaires divulgateurs d'actes répréhensibles
R.S., c. 31 (4th Supp.)
Official Languages Act
56.5 Subsection 24(3) of the Official Languages Act is amended by adding the following after paragraph (b):
(b.1) the
Office of the Public Sector Integrity Commissioner;
Clause
223: Existing text of section 56:
56. The schedule to the Canada Evidence Act is amended by adding the following after item 19:
20. The Public Sector
Integrity Commissioner, for the purposes of the Public Servants Disclosure Protection
Act.
224. Section 57 of the Act is replaced by
the following:
57. Subsection 9(3) of the Personal Information Protection and Electronic Documents Act is amended by striking out
the word "or" at the end of paragraph (c.1), by adding the word "or" at the end
of paragraph (d) and by adding the following after paragraph (d):
(e) the
information was created for the purpose of making a disclosure under the Public
Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that
Act.
Clause
224: Existing text of section 57:
57. Subsection 9(3) of the
Personal Information Protection and Electronic Documents Act is amended by
striking out the word "or" at the end of paragraph (c.1), by adding the word
"or" at the end of paragraph (d) and by adding the following after paragraph
(d):
(e) the information came into existence less than five years before it is requested and the
information was
(i) prepared in relation to or
as a result of a disclosure or an investigation under the Public Servants Disclosure
Protection Act; or
(ii) collected or used by a
supervisor or a senior officer designated under subsection 10(2) of that Act, or by the Public Sector Integrity
Commissioner, in relation to or as a result of a disclosure or an investigation under that Act, if the information
identifies, or could reasonably be expected to lead to the identification of, a public servant who made a disclosure
under that Act or who cooperated in an investigation under that Act.
225. Sections 58 and 58.1 of the Act are
replaced by the following:
58. The Privacy Act is amended by adding the following in numerical
order:
Public Sector Integrity
Commissioner
22.2 The Public Sector
Integrity Commissioner shall refuse to disclose any personal information requested under subsection 12(1) that
was
(a) obtained or
created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the
Public Servants Disclosure Protection Act or an investigation commenced under
section 33 of that Act; or
(b) received by a
conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that
Act.
Public Servants Disclosure Protection
Act
22.3 The head of a
government institution shall refuse to disclose personal information requested under subsection 12(1) that was created
for the purpose of making a disclosure under the Public Servants Disclosure
Protection Act or in the course of an investigation into a disclosure under that Act.
58.1 The schedule to the Act is amended by
adding the following in alphabetical order under the heading "Other Government
Institutions":
Office of the Public Sector
Integrity Commissioner
Commissariat à
l'intégrité du secteur public
Registry of the Public Servants
Disclosure Protection Tribunal
Greffe du
Tribunal de la protection des fonctionnaires divulgateurs d'actes répréhensibles
Clause
225: Existing text of sections 58 and 58.1:
58. Section 22 of the Privacy Act is amended by adding the following after subsection (1):
(1.1) If the information came into
existence less than five years before the request, the head of a government institution may refuse to disclose any
personal information requested under subsection 12(1) that was
(a) prepared in relation to or as a result of a disclosure or an investigation under the
Public Servants Disclosure Protection Act; or
(b) obtained by a supervisor or a senior officer designated under subsection 10(2) of that
Act, or by the Public Sector Integrity Commissioner, in relation to or as a result of a disclosure or an investigation
under that Act, if the information identifies, or could reasonably be expected to lead to the identification of, a
public servant who made a disclosure under that Act or who cooperated in an investigation under that Act.
58.1 The schedule to the Act is
amended by adding the following in alphabetical order under the heading "Other Government Institutions":
Office of the
Public Sector Integrity Commissioner
Commissariat à l'intégrité du secteur public
226. Subsection 59(1) of the Act is
repealed.
Clause
226: Existing text of subsection 59(1):
59. (1) On the later of the coming
into force of section 2 of the Public Service Modernization Act and the coming
into force of subsection 20(1) of this Act,
(a) paragraph 20(1)(b) of this Act is replaced by
the following:
(b) in relation to any other public servant who is employed in any portion of the public
sector referred to in Schedule I, IV or V to the Financial Administration Act
or a person whose complaint relates to a reprisal taken while he or she was so employed, the Public Service Labour
Relations Board; and
(b) paragraph 51(a) of this Act is replaced by the
following:
(a) the presentation of an individual grievance under subsection 208(1) of the Public Service Labour Relations Act; or
Coordinating Amendment
227. On the later of the day on which
section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force and the day on which section 24 of the Public Servants Disclosure Protection Act comes into force - or, if those days are the
same day, then on that day - section 24 of the Public Servants Disclosure Protection
Act is amended by adding the following after subsection (2):
Jurisdiction of the Conflict of Interest
and Ethics Commissioner
(2.1) The Commissioner must refuse to deal with a
disclosure or to commence an investigation if he or she is of the opinion that the subject-matter of the disclosure or
the investigation is within the jurisdiction of the Conflict of Interest and Ethics Commissioner under the Conflict of Interest Act and must refer the matter to the Conflict of Interest and Ethics
Commissioner.
R.S., c. S-3
Salaries Act
228. The Salaries Act is amended by adding the following after section 1:
PUBLIC APPOINTMENTS
COMMISSION
Establishment of Commission
1.1 The Governor in
Council may establish a Public Appointments Commission consisting of a chairperson and not more than four other members
to perform such functions as the Governor in Council may specify, and may appoint the chairperson and other members and
fix their remuneration and expenses.
Salaries
Act
Clause
228: New.
Coming into Force
Order in council
229. Section 3.1 of the Access to Information Act, as enacted by section 144 of this Act, as
well as sections 145 to 151, 156, 159 to 162, 164 to 179, 183, 184 and 186 to 193 of this Act and any
provisions enacted by those sections come into force on a day or days to be fixed by order of the Governor in
Council.
ADMINISTRATIVE
OVERSIGHT AND ACCOUNTABILITY
1991, c. 11
Broadcasting Act
230. Subsection 36(3) of the Broadcasting Act is replaced by the following:
Tenure
(3) A director shall be appointed to hold office
during good behaviour for a term not exceeding four years and may be removed at any time by the
Governor in Council for cause.
Broadcasting
Act
Clause
230: Existing text of subsection 36(3):
(3) A director shall be appointed
to hold office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor
in Council for cause.
1995, c. 28
Business Development Bank of Canada Act
231. Subsection 6(4) of the Business Development Bank of Canada Act is replaced by the following:
Appointment of directors
(4) The other directors are to be appointed by the
Designated Minister, with the approval of the Governor in Council, for a term not exceeding four
years that will ensure, as far as possible, the expiration in any one year of the terms of office
of not more than half of the directors.
Business
Development Bank of Canada Act
Clause
231: Existing text of subsection 6(4):
(4) The other directors are to be
appointed by the Designated Minister, with the approval of the Governor in Council, for a term of no more than three
years so as to ensure, as far as possible, the expiration in any one year of the terms of office of not more than half
of the directors.
R.S., c. C-2; 2001, c. 34, s.
14(E)
Canada Council for the Arts Act
1995, c. 29, s. 10(E)
232. Subsection 4(2) of the Canada Council for the Arts Act is replaced by the following:
Other members
(2) Each of the other members
of the Council shall be appointed for a term of four years.
Canada
Council for the Arts Act
Clause
232: Existing text of subsection 4(2):
(2) Each of the members of the
Council, other than the Chairperson and Vice-Chairperson, shall be appointed for a term of three years.
R.S., c. C-7
Canada Mortgage And Housing Corporation Act
233. (1) The definition "Chairman" in section 2 of the English version of the Canada Mortgage and
Housing Corporation Act is repealed.
Canada
Mortgage and Housing Corporation Act
Clause
233: (1) Existing text of the definition:
"Chairman" means the Chairman of the Board, appointed pursuant to subsection 6(2);
(2) Section 2 of
the English version of the Act is amended by adding the following in alphabetical order:
"Chairperson"
Version anglaise
seulement
"Chairperson" means the
Chairperson of the Board, appointed pursuant to subsection 6(2);
(2) New.
1999, c. 27, s. 25(2)
234. Subsection 6(4) of the Act is replaced by
the following:
Appointment of directors
(4) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in
Council, to hold office during pleasure for a term not exceeding four years that will ensure, as
far as possible, the expiration in any one year of the terms of office of not more than one half of the
directors.
Clause
234: Existing text of subsection 6(4):
(4) Each director, other than the
Chairman and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold
office during pleasure for a term not exceeding three years that will ensure, as far as possible, the expiration in any
one year of the terms of office of not more than one half of the directors.
Replacement of references
235. The English version of the Act is amended
by replacing "Chairman" with "Chairperson" wherever it occurs in the following provisions:
(a)
subsections 6(1) to (3);
(b)
section 9;
(c)
subsection 10(2);
(d)
subsection 12(1); and
(e)
section 15.
R.S., c. C-10
Canada Post Corporation Act
236. (1) The definition "Chairman" in subsection 2(1) of the English version of the Canada Post
Corporation Act is repealed.
Canada Post
Corporation Act
Clause
236: (1) Existing text of the definition:
"Chairman" means the Chairman of the Board appointed pursuant to section 7;
(2) Subsection
2(1) of the English version of the Act is amended by adding the following in alphabetical order:
"Chairperson"
« président du conseil »
"Chairperson" means the
Chairperson of the Board, appointed pursuant to section 7;
(2) New.
237. Subsection 6(2) of the Act is
replaced by the following:
Appointment of directors
(2) Each director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in
Council, to hold office during pleasure for a term not exceeding four years
that will ensure, as far as possible, the expiration in any one year of the terms of office of
not more than one half of the directors.
Clause
237: Existing text of subsection 6(2):
(2) Each director, other than the
Chairman and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold
office during pleasure for such term, not exceeding three years, as will ensure, as far as possible, the expiration in
any one year of the terms of office of not more than one-half of the directors.
Replacement of references
238. The English version of the Act is amended
by replacing "Chairman" with "Chairperson" wherever it occurs in the following provisions:
(a)
subsection 6(1);
(b)
subsection 6(5);
(c)
section 7 and the heading before it;
(d)
paragraph 11(c); and
(e)
subsections 13(3) and (4).
1999, c. 17; 2005, c. 38, s.
35
Canada Revenue Agency Act
239. Subsection 30(1) of the Canada Revenue Agency Act is amended by striking out the word "and" at the end of
paragraph (c), by adding the word "and" at the end of paragraph (d) and by adding the following at the end of paragraph (d):
(e) internal
audit in the Agency.
Canada
Revenue Agency Act
Clause
239: Relevant portion of subsection 30(1):
30. (1) The Agency has authority over all matters relating to
R.S., c. C-14
Canadian Commercial Corporation Act
2002, c. 4, s. 2
240. Subsection 3.1(3) of the Canadian Commercial Corporation Act is replaced by the following:
Appointment of directors
(3) Each director of the Corporation, other than
the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to
hold office during pleasure for a term not exceeding four years that will
ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the
directors.
Canadian
Commercial Corporation Act
Clause
240: Existing text of subsection 3.1(3):
(3) Each director of the
Corporation, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the
Governor in Council, to hold office during pleasure for any term not greater than three years that will ensure, as far
as possible, the expiry in any one year of the terms of office of not more than one-half of the directors.
R.S., c. C-15
Canadian Dairy Commission Act
Amendments to Act
241. The definition "Commission" in section 2 of the Canadian Dairy Commission Act is
replaced by the following:
"Commission"
« Commission »
"Commission" means the
Canadian Dairy Commission continued by section 3;
Canadian
Dairy Commission Act
Clause
241: Existing text of the definition:
"Commission" means the Canadian Dairy Commission established by section 3;
242. (1) Subsection 3(1) of the Act is
replaced by the following:
Commission continued
3. (1) The Canadian
Dairy Commission is continued as a corporation consisting of a Chairperson, a
Chief Executive Officer and one other member.
Clause
242: (1) Existing text of subsection 3(1):
3. (1) There is hereby established a corporation, to be known as the Canadian Dairy Commission, consisting of a
Chairman, a Vice-Chairman and one other member.
(2) Subsection
3(4) of the Act is repealed.
(2) Existing text of subsection
3(4):
(4) The Chairman is the chief
executive officer of the Commission.
243. Subsection 5(1) of the English
version of the Act is replaced by the following:
Consultative Committee
5. (1) The Minister
shall appoint a Consultative Committee consisting of a chairperson and eight other members.
Clause
243: Existing text of subsection 5(1):
5. (1) The Minister shall appoint a Consultative Committee consisting of a chairman and eight other
members.
Transitional
Provision
Transitional - Chairman
244. On the day on which this section comes into
force, the person occupying the position of Chairman of the Canadian Dairy Commission ceases to occupy that position
and becomes the Chief Executive Officer of the Commission as if appointed to that position under section 3 of
the Canadian Dairy Commission Act for a period equal
to the remainder of the person's term of office as Chairman.
1991, c. 8
Canadian Race Relations Foundation Act
245. Subsection 7(1) of the Canadian Race Relations Foundation Act is replaced by the following:
Term of office
7. (1) Each
director shall be appointed to hold office for a term not exceeding four years.
Canadian
Race Relations Foundation Act
Clause
245: Existing text of subsection 7(1):
7. (1) Each director shall be appointed to hold office for a term not exceeding three years.
2005, c. 30, s. 45
246. Subsection 17(3) of the Act is replaced by
the following:
Financial Administration Act
(3) Part X of the Financial Administration Act, except for sections 131 to 148 and
154.01, does not apply to the Foundation.
Clause
246: Existing text of subsection 17(3):
(3) Part X of the
Financial Administration Act, except
for sections 131 to 148, does not apply to the Foundation.
R.S., c. C-25
Cape Breton Development Corporation Act
2000, c. 23, s. 8(2)
247. Subsection 4(2) of the Cape Breton Development Corporation Act is replaced by the following:
Appointment of directors
(2) Each director, other than the Chairperson and
the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during
pleasure for a term not exceeding four years.
Cape Breton
Development Corporation Act
Clause
247: Existing text of subsection 4(2):
(2) Each director, other than the
Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to
hold office during pleasure for a term not exceeding three years.
R.S., c. C-46
Criminal Code
1995, c. 22, s. 6
248. Subsection 750(3) of the Criminal Code is replaced by the following:
Disability to contract
(3) No person who is convicted of
(a)an offence under section 121, 124 or 418,
(b) an offence
under section 380 committed against Her Majesty, or
(c) an offence
under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the
Financial Administration Act,
has, after that conviction, capacity to contract with Her
Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her
Majesty.
Criminal
Code
Clause
248: Existing text of subsection 750(3):
(3) No person who is convicted of
an offence under section 121, 124 or 418 has, after that conviction, capacity to contract with Her Majesty or to
receive any benefit under a contract between Her Majesty and any other person or to hold office under Her
Majesty.
R.S., c. 41 (4th Supp.), Part
II
Enterprise Cape Breton Corporation Act
Amendments to Act
249. (1) The definition "Vice-President" in section 26 of the Enterprise Cape Breton Corporation
Act is repealed.
Enterprise
Cape Breton Corporation Act
Clause
249: (1) and (2) Existing text of the definitions:
"President" means the President of the Atlantic Canada Opportunities Agency appointed pursuant to subsection 11(1)
of the Atlantic Canada Opportunities Agency
Act;
"Vice-President"
means the Vice-President of the Corporation appointed pursuant to subsection
28(1).
(2) The
definition "President" in section 26 of the English version of the Act is repealed.
(3) Section 26
of the Act is amended by adding the following in alphabetical order:
"Chief Executive Officer"
« premier dirigeant »
"Chief Executive Officer" means the Chief Executive Officer of the Corporation appointed under subsection 28(1);
(3) and (4) New.
(4) Section 26
of the English version of the Act is amended by adding the following in alphabetical order:
"Chairperson"
« président »
"Chairperson" means the
President of the Atlantic Canada Opportunities Agency appointed pursuant to subsection 11(1) of the Atlantic Canada Opportunities Agency Act;
250. Section 27 of the Act and the heading
before it are replaced by the following:
Corporation Continued
Composition
27. The Enterprise Cape
Breton Corporation is continued as a corporation consisting of a Board of Directors comprising the Chairperson, a Chief Executive Officer and five other directors appointed in accordance with subsection 28(2).
Clause
250: Existing text of section 27 and the heading:
Corporation Established
27. A corporation is hereby established to be called the Enterprise Cape Breton Corporation, consisting of a Board of
Directors comprised of the President, the Vice-President and five other directors to be appointed in the manner
provided in subsection 28(2).
251. Subsections 28(1) to (3) of the Act
are replaced by the following:
Appointment of Chief Executive
Officer
28. (1) The
Chief Executive Officer shall be appointed by the Governor in Council for a
term that the Governor in Council considers appropriate, and may be removed
at any time by the Governor in Council.
Appointment of directors
(2) Each director, other than the Chairperson and the Chief Executive Officer, shall be appointed by the Minister, with
the approval of the Governor in Council, to hold office for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the
terms of office of not more than one half of the directors. Each director may be removed at any
time by the Minister, with the approval of the Governor in Council.
Re-appointment
(3) The Chief Executive
Officer is eligible for re-appointment on the expiration of a term of office. Notwithstanding subsection 105(3)
of the Financial Administration Act, any other director who has served two
consecutive terms is not, during the twelve months following the completion of a second term, eligible for appointment
except as Chairperson or Chief Executive Officer.
Clause
251: Existing text of subsections 28(1) to (3):
28. (1) The Vice-President shall be appointed by the Governor in Council for such term as the Governor in Council deems
appropriate and may be removed at any time by the Governor in Council.
(2) Each
director, other than the President and the Vice-President, shall be appointed by the Minister, with the approval of the
Governor in Council, to hold office for such term, not exceeding three years, as will ensure, as far as possible, the
expiration in any one year of the terms of office of not more than one-half of the directors, but may be removed at any
time by the Minister, with the approval of the Governor in Council.
(3) The
Vice-President is eligible for re-appointment on the expiration of a term of office, but, notwithstanding subsection
105(3) of the Financial Administration Act, any other director who has served two consecutive terms is not, during the twelve months following the
completion of a second term, eligible for appointment except as President or Vice-President.
252. Sections 29 and 30 of the Act are
replaced by the following:
Chairperson to preside
29. The Chairperson shall preside at meetings of the Board, but in the event of the absence or incapacity of the
Chairperson or a vacancy in that office, the Chief Executive Officer shall
preside.
Authority of Chief Executive
Officer
30. (1) The
Chief Executive Officer of the Corporation has, on behalf of the Board, the direction and control
of the business of the Corporation with authority to act in the conduct of that business in all
matters that are not by this Part or by the by-laws of the Corporation specifically reserved to be done by the
Board.
Absence or incapacity
(2)In the event of the absence or
incapacity of the Chief Executive Officer or a vacancy in that office, the Board shall authorize
another officer or director of the Corporation to act as the Chief Executive
Officer, but no person may act as such for a period exceeding sixty days without the
approval of the Governor in Council.
Clause
252: Existing text of sections 29 and 30:
29. The President shall preside at meetings of the Board but in the event of the absence or incapacity of the President,
or if the office of President is vacant, the Vice-President shall preside at such meetings.
30. (1) The President is the chief executive officer of the Corporation and has, on behalf of the Board, the direction
and control of the business of the Corporation with authority to act in the conduct of the business of the Corporation
in all matters that are not by this Part or by the by-laws of the Corporation specifically reserved to be done by the
Board.
(2) The
Vice-President is the chief operating officer of the Corporation and has, on behalf of the President, the direction and
control of the day-to-day operations of the Corporation with authority to act in the conduct of the business of the
Corporation in all matters that are not by this Part or by the by-laws of the Corporation specifically reserved to be
done by the Board or the President.
(3) In the event
of the absence or incapacity of the Vice-President, or if the office of Vice-President is vacant, the Board shall
authorize an officer or director of the Corporation to act as the Vice-President for the time being, but no person so
authorized by the Board has authority to act as Vice-President for a period exceeding sixty days without the approval
of the Governor in Council.
253. (1) Subsection 31(1) of the Act is
replaced by the following:
Salaries and fees
31. (1) The
Chief Exceutive Officer shall be paid by the Corporation a salary to be fixed by the Governor in
Council. The other directors, except the Chairperson, shall be paid by the Corporation
the fees fixed by the Governor in Council for attendance at meetings of the
Board or any committee of the Board.
Clause
253: (1) and (2) Existing text of section 31:
31. (1) The Vice-President shall be paid by the Corporation a salary to be fixed by the Governor in Council and the
other directors, other than the President, shall be paid by the Corporation such fees for attendances at meetings of
the Board or any committee thereof as are fixed by the Governor in Council.
(2) Each
director other than the President is entitled to be paid by the Corporation such travel and living expenses incurred in
the performance of duties as such as are fixed by by-law of the Corporation.
(2) Subsection
31(2) of the English version of the Act is replaced by the following:
Expenses
(2) Each director other than the Chairperson is entitled to be paid by the Corporation the travel and living expenses
incurred in the performance of the director's duties that are fixed by
by-law of the Corporation.
254. (1) Paragraph 39(c) of the English version of the Act is replaced by the following:
(c) fixing
the travel and living expenses to be paid to directors other than the Chairperson;
Clause
254: (1) and (2) Relevant portion of section 39:
39. The Board may make by-laws
...
(c) fixing the travel and living expenses to be paid to directors other than the
President;
...
(e) respecting the establishment, management and administration of a pension fund for the
Vice-President, the officers and employees of the Corporation and dependants of those persons, the contributions
thereto to be made by the Corporation and the investment of the pension fund moneys thereof; and
(2) Paragraph
39(e) of the Act is replaced by the following:
(e)
respecting the establishment, management and administration of a pension fund for the Chief Exceutive
Officer and the officers and employees of the Corporation and dependants of those persons, the contributions to
be made to the fund by the Corporation and the investment of the pension fund moneys;
and
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