|
|
(b) if the director was not then interested in
the proposed contract, at the first meeting of
the Board after the director becomes
interested;
|
|
|
|
(c) if the director becomes interested after
the contract is made, at the first meeting of
the Board after the director becomes
interested; or
|
|
|
|
(d) if the director was interested in the
contract before becoming a director, at the
first meeting of the Board after becoming a
director.
|
|
| Disclosure by
director of
other
contracts
|
(6) If a material contract or proposed
material contract is one that in the ordinary
course of the business or activity of the
Service would not require approval by the
Board, a director shall disclose in writing to
the Board or request to have entered in the
minutes of a meeting of the Board the nature
and extent of the director's interest as soon as
the director becomes aware of the contract or
proposed contract.
|
|
| Voting on
contract
|
(7) A director referred to in subsection (4)
may not vote on any resolution to approve the
contract.
|
|
| Continuing
disclosure
|
(8) For the purposes of this section, a
general notice to the Board by a director,
declaring that they are a director or officer of
or have a material interest in a person and are
to be regarded as interested in any contract
made with that person, is a sufficient
declaration of interest in relation to any
contract so made.
|
|
| Avoidance
standards
|
(9) A material contract between the Service
and one or more of its directors or between the
Service and another person of which a director
of the Board is a director or an officer or in
which the director has a material interest, is
neither void nor voidable by reason only of
that relationship or by reason only that a
director with an interest in the contract is
present at or is counted to determine the
presence of a quorum at a meeting of the
Board that authorized the contract, if
|
|
|
|
(a) the director disclosed the interest in
accordance with subsection (5), (6) or (8);
and
|
|
|
|
(b) the contract was approved by the Board
and it was reasonable and fair to the Service
at the time it was approved.
|
|
| Application to
court
|
(10) If a director of the Board fails to
disclose their interest in a material contract in
accordance with this section, a court may, on
application of the Board or on behalf of the
Crown, set aside the contract on any terms that
it thinks fit.
|
|
| Definition of
``court''
|
(11) In this section, ``court'' has the same
meaning as in subsection 118(2) of the
Financial Administration Act.
|
|
| Power to
indemnify
|
(12) The Board may indemnify a present or
former director of the Board and the director's
heirs and legal representatives against all
costs, charges and expenses, including an
amount paid to settle an action or satisfy a
judgment, that are reasonably incurred by the
director in respect of any civil, criminal or
administrative action or proceeding to which
the director is a party by reason of being or
having been a director, if the director
|
|
|
|
(a) acted honestly and in good faith, with a
view to the best interests of the Service
having regard to its mandate; and
|
|
|
|
(b) in the case of any criminal or
administrative action or proceeding that is
enforced by a monetary penalty, believed
on reasonable grounds that the director's
conduct was lawful.
|
|
| Payable out of
C.R.F.
|
(13) An amount that is payable in respect of
indemnification under this section may be
paid out of the Consolidated Revenue Fund.
|
|
| Annual report
|
95.97 The Board shall, within three months
after the end of each fiscal year, submit to the
Minister an annual report on the operations of
the Service for that year, and the Minister shall
cause a copy of the report to be tabled in each
House of Parliament on any of the first thirty
days on which that House is sitting after the
Minister receives it.
|
|
|
|
4. Paragraph 96(b) of the Act is replaced
by the following:
|
|
|
|
(b) for authorizing any full-time member of
the Board or the Commissioner, the
institutional head, or staff members or
classes of staff members of the Service to
exercise powers, perform duties or carry out
functions that this Part assigns to the Board,
the Commissioner or the institutional head;
|
|
|
|
5. The heading before section 97 and
sections 97 and 98 of the Act are r epealed.
|
|
|
|
6. Section 99 is amended by adding the
following after subsection (3):
|
|
| Board may
make rules
|
(4) Except as otherwise provided by this
Part or by the regulations, the Board of
Management of the Correctional Service of
Canada, referred to in Part I, may make rules
for authorizing any full-time member of the
Board or staff members or classes of staff
members of the Service to exercise or perform
any power, duty or function that this Part
assigns to the Board, the Commissioner or the
institutional head.
|
|
|
|
|
|
| 2001, c. 27
|
7. On the later of the day on which this
Act is assented to and the day on which
paragraph 274(b) of the Immigration and
Refugee Protection Act, chapter 27 of the
Statutes of Canada, 2001, comes into force,
|
|
|
|
(a) subsection 95.6(2) of the Corrections
and Conditional Release Act, as enacted
by section 3 of this Act, is replaced by the
following:
|
|
| Eligibility for
appointment
|
(2) A person is eligible to be appointed as
Commissioner or to continue in that office
only if that person is a Canadian citizen
ordinarily resident in Canada or a permanent
resident as defined in subsection 2(1) of the
Immigration and Refugee Protection Act.
|
|
|
|
(b) subsection 95.7(3) of the Corrections
and Conditional Release Act, as enacted
by section 3 of this Act, is replaced by the
following:
|
|
| Eligibility for
appointment
|
(3) A person is eligible to be appointed as a
director or to continue in that office only if that
person is a Canadian citizen ordinarily
resident in Canada or a permanent resident as
defined in subsection 2(1) of the Immigration
and Refugee Protection Act.
|
|
|
|
(c) paragraph 95.7(4)(a) of the
Corrections and Conditional Release Act,
as enacted by section 3 of this Act, is
replaced by the following:
|
|
|
|
(a) is not a Canadian citizen or a
permanent resident as defined in
subsection 2(1) of the Immigration and
Refugee Protection Act;
|
|