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Bill C-13

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COMPENSATION AND BENEFITS

President

12. The President

    (a) shall be paid the remuneration that may be fixed by the Governor in Council;

    (b) is deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act and is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act; and

    (c) is entitled to be reimbursed for reasonable travel and living expenses incurred by the President in the course of performing the President's duties while absent from the President's ordinary place of work.

Members of the Council

13. Each appointed member of the Governing Council

    (a) shall be paid the fees that may be fixed by the Governor in Council for attendance at meetings of the Governing Council or any of its committees or for the performance of other duties;

    (b) is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act; and

    (c) is entitled to be reimbursed for reasonable travel and living expenses incurred by the member in the course of performing their duties while absent from their ordinary place of residence.

RESPONSIBILITIES OF GOVERNING COUNCIL

Management of the CIHR

14. The Governing Council is responsible for the management of the CIHR, including

    (a) developing its strategic directions, goals and policies;

    (b) evaluating its overall performance, including with respect to achievement of its objective;

    (c) approving its budget;

    (d) establishing a peer review process for research proposals made to the CIHR;

    (e) approving funding for research;

    (f) approving other expenditures to carry out its objective;

    (g) establishing policies respecting consulting and collaborating with persons and organizations that have an interest in health research; and

    (h) dealing with any other matter that the Governing Council considers related to the affairs of the CIHR.

Delegation

15. The Governing Council may delegate any of its powers, duties and functions, except those under any of paragraphs 14(a) and (c), sections 16 and 19 to 21 and subsections 22(3) and 32(1), to any of its members or committees, the President or a Health Research Institute, an Advisory Board or a Scientific Director referred to in subsection 20(1).

Advising Minister

16. The Governing Council shall advise the Minister in respect of any matter that the Minister refers to it for its consideration.

Personnel

17. (1) The Governing Council may

    (a) appoint, layoff or terminate the employment of the employees of the CIHR; and

    (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of employment otherwise than for cause, of employees.

Right of employer

(2) Subsection 11(2) of the Financial Administration Act does not apply to the CIHR and the Governing Council may

    (a) determine the organization of and classify the positions in the CIHR;

    (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign duties to them; and

    (c) provide for any other matters that the Governing Council considers necessary for effective personnel management in the CIHR.

Collective agreements

18. Notwithstanding section 56 of the Public Service Staff Relations Act, the Governing Council may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the CIHR that is applicable to employees of that bargaining unit.

By-laws

19. The Governing Council may, with the approval of the Governor in Council, make by-laws for the regulation of its proceedings and generally for the conduct of its activities.

HEALTH RESEARCH INSTITUTES

Establish-
ment

20. (1) The Governing Council shall

    (a) establish, maintain and terminate divisions of the CIHR, to be called Health Research Institutes, and determine the mandate of each Health Research Institute;

    (b) create an Advisory Board for each Health Research Institute and appoint the members of the Advisory Boards; and

    (c) appoint a Scientific Director for each Health Research Institute.

Mission

(2) Each Health Research Institute shall support individuals, groups and communities of researchers for the purpose of implementing, within its mandate, the objective of the CIHR.

Role and functioning

(3) The Governing Council shall develop policies respecting the role and functioning of Health Research Institutes and their Advisory Boards and Scientific Directors.

Appoint-
ments to Advisory Boards

(4) The Governing Council shall appoint to the Advisory Boards women and men who are able to contribute to the achievement of the objective of the CIHR in the overall interests of Canadians. The Governing Council shall consider appointing women and men who reflect the highest standards of scientific excellence and a range of relevant backgrounds and disciplines, such as researchers in the fields of bio-medical research, clinical research and research respecting health systems, health services, the health of populations, societal and cultural dimensions of health and environmental influences on health.

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.

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.

Other benefits

(2) The members of an Advisory Board are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act.

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

President

23. (1) The President is the chief executive officer of the CIHR and is responsible for its day-to-day management and direction.

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.

Sections 32 to 34 of the Public Service Employment Act

24. For the purposes of sections 32 to 34 of the Public Service Employment Act, the President is deemed to be a deputy head and an employee of the CIHR is deemed to be an employee as defined in subsection 2(1) of that Act.

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 public service of Canada for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act.

POWERS

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 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, trade-mark, 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.

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.

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 public service of Canada.

Legal services

(2) The CIHR may procure legal services from outside the public service of Canada only with the approval of the Attorney General of Canada or the Governor in Council.

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.

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

Audit

31. The Auditor General of Canada shall annually audit the accounts and financial transactions of the CIHR and provide a report to the Minister and the CIHR.

Annual report

32. (1) The Governing Council shall, within four months after the end of each fiscal year, submit to the Minister a report of the operations and activities of the CIHR in that year and its strategic directions and goals, and shall include the CIHR's financial statements and the report of the Auditor General of Canada.

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

Deemed appropriation

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.

Unexpended appropria-
tions for Medical Research Council

(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.

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.

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.

Commenceme nt 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.

Continuation of legal proceedings

(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.

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.

Deemed acceptance

(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.

Start and termination of employment

(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.

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.

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.

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.

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.

Term employees

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.

Collective agreements and arbitral awards

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.

Collective agreements and arbitral awards

(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.

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