Bill C-54

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-54
	An Act to promote physical activity and sport
Preamble	WHEREAS the Government of Canada recognizes that physical activity and sport are integral parts of Canadian culture and society and produce benefits in terms of health, quality of life, economic activity, cultural diversity and social cohesion, including strengthening the bilingual character of Canada;
	WHEREAS the Government of Canada wishes to increase awareness among Canadians of the significant benefits of physical activity and the practice of sport;
	WHEREAS the Government of Canada wishes to encourage and assist Canadians in increasing their level of physical activity and their participation in sport;
	AND WHEREAS the Government of Canada wishes to encourage cooperation among the various governments, the physical activity and sport communities and the private sector to coordinate their efforts for the promotion of physical activity and sport;
	NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

	SHORT TITLE
Short title	1. This Act may be cited as the Physical Activity and Sport Act.
	INTERPRETATION
Definition of ``Minister''	2. In this Act, ``Minister'' means the member of the Queen's Privy Council for Canada designated by the Governor in Council for the purposes of this Act.
	POLICIES
Physical activity policy	3. The objectives of the Government of Canada's policy regarding physical activity are
	(a) to promote physical activity as a fundamental element of health and well-being;
	(b) to encourage all Canadians to improve their health by integrating physical activity into their daily lives; and
	(c) to assist in reducing barriers faced by all Canadians that prevent them from being active.
Sport policy - principles	4. (1) The Government of Canada's policy regarding sport is founded on the highest ethical standards and values, including doping- free sport, the treatment of all persons with fairness and respect, the full and fair participation of all persons in sport and the fair, equitable, transparent and timely resolution of disputes in sport.
Sport policy - objectives	(2) The objectives of the Government of Canada's policy regarding sport are
	(a) to increase participation in the practice of sport and support the pursuit of excellence in sport; and
	(b) to build capacity in the Canadian sport system.
	OBJECTS AND MANDATE
	5. [Deleted]
Financial assistance	6. For the purposes of this Act, the Minister may provide financial assistance in the form of grants and contributions to any person.
	AGREEMENTS AND ARRANGEMENTS
Contribution agreements	7. (1) The Minister, with the approval of the Governor in Council, may enter into an agreement with any province or territory providing for the payment of contributions in respect of costs that they incur in undertaking programs designed to encourage, promote and develop physical activity or sport.
Agreements to implement Canada's policy regarding sport	(2) The Minister may enter into an agreement or arrangement with any province or territory respecting the implementation of the Government of Canada's policy regarding sport.
International agreements	8. The Minister, with the approval of the Governor in Council, may enter into an agreement or arrangement with the government of any foreign state in order to encourage, promote and develop physical activity and sport.
	SPORT DISPUTE RESOLUTION CENTRE OF CANADA
	Establishment of Centre
	9. [Deleted]
	Mission and Powers
Mission	10. (1) The mission of the Centre is to provide to the sport community
	(a) a national alternative dispute resolution service for sport disputes; and
	(b) expertise and assistance regarding alternative dispute resolution.
Interpreta- tion	(2) For the purposes of subsection (1), a sport dispute includes disputes among sport organizations and disputes between a sport organization and persons affiliated with it, including its members.
Powers	11. (1) In carrying out its mission, the Centre has the capacity and powers of a natural person, including the power to
	(a) use any funds that may be provided to it, subject to any terms on which the funds are provided;
	(b) enter into contracts or agreements in its own name;
	(c) conduct studies with respect to the exercise of its powers; and
	(d) do any other things that are conducive to the fulfilment of its mission and the exercise of its powers.
Restrictions	(2) Despite subsection (1), the Centre
	(a) may not acquire or construct real property or immovables for valuable consideration, other than those required for its head office;
	(b) shall expressly state in its contracts and agreements that it is entering into the contract or agreement on its own behalf;
	(c) may not procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the Centre; and
	(d) may not acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the Centre.
	Board of Directors
Role	12. The affairs and business of the Centre shall be managed by a board of directors, and for that purpose the board may exercise all the powers of the Centre.
Composition	13. (1) The board of directors consists of not more than 12 directors, including the chairperson, and the executive director of the Centre who does not have a right to vote .
Non-applica- tion of provisions	(2) Sections 14, 16 and 18 do not apply to the executive director.
Appointment	14. (1) The directors shall be appointed by the Minister to hold office during good behaviour for any term of not more 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. A director may be appointed to not more than two consecutive terms and may be removed by the Minister for cause.
Appointment criteria	(2) The directors shall be chosen in accordance with guidelines that are established by the Minister in consultation with the sport community.
Guidelines	(3) The guidelines shall provide for a board of directors that
	(a) is composed of men and women committed to the promotion and development of sport who have the experience or capacity to enable the Centre to achieve its mission; and
	(b) is representative of the sport community and of the diversity and bilingual character of Canadian society.
Statutory Instruments Act does not apply	(4) Guidelines referred to in subsection (3) are not statutory instruments for the purposes of the Statutory Instruments Act.
Exclusion	15. A director may not be appointed as an officer of the Centre.
No remuneration	16. The directors are not entitled to be paid any remuneration, but are entitled to be paid such reasonable travel and other expenses incurred by them in connection with their duties or functions under this Act as may be fixed by the by-laws of the Centre.
By-laws	17. (1) The board of directors may make by-laws with respect to the conduct and management of the affairs of the Centre and the carrying out of the duties and functions of the board under this Act, including by-laws providing for
	(a) the establishment of committees of the board of directors, including an executive committee, and the duties, functions and powers of the committees;
	(b) the duties, functions and powers of the chairperson and the officers of the Centre, including the executive director;
	(c) the remuneration of the executive director and the appointment and remuneration of the other officers of the Centre;
	(d) the delegation of any functions of the board of directors to an executive committee and the manner in which those functions are to be performed;
	(e) the mandate, duties and functions of the dispute resolution secretariat, the resource centre and any other part of the Centre;
	(f) the terms and conditions of eligibility for services provided by the Centre;
	(g) the establishment of a policy respecting the official languages of Canada that includes a mechanism for resolving disputes related to the application of the policy;
	(h) the fixing of fees and charges to be paid for the services and facilities provided by the Centre or the determination of a manner for calculating those fees and charges;
	(i) the establishment of mediation and arbitration procedures for resolving sport disputes, including a mechanism for determining the manner in which the parties may select an arbitrator or mediator and the language, according to the needs of the parties, in which the parties may be heard and the decision rendered;
	(j) the qualifications for arbitrators or mediators;
	(k) the establishment of a code of ethics for directors, officers and employees of the Centre, as well as for arbitrators and mediators who provide dispute resolution services under the auspices of the Centre; and
	(l) personnel management, including terms and conditions of employment of persons employed by the Centre.
By-laws available to the public	(2) A copy of every by-law shall be kept at the head office of the Centre. Anyone is entitled, during the usual business hours of the Centre, to examine the by-laws and, on payment of a reasonable fee, to photocopy them in whole or in part.
Statutory Instruments Act does not apply	(3) By-laws made under subsection (1) are not statutory instruments for the purposes of the Statutory Instruments Act.
	Chairperson
Designation	18. The Minister, after consulting with the directors, shall designate one of them as chairperson to hold office during good behaviour for any term of not more than three years. The chairperson may be designated for not more than two consecutive terms and may be removed by the Minister for cause.
Duties	19. The chairperson shall determine the times and places of the meetings of the board of directors and presides at those meetings. The chairperson may perform any other duties or functions that are assigned to the chairperson by the board of directors.
Absence, etc., of chairperson	20. If the chairperson is absent or incapacitated or if the office of chairperson is vacant, the board of directors may designate a director to exercise the powers and perform the duties and functions of the chairperson during the absence, incapacity or vacancy, but no person may be so designated for a period exceeding 90 days without the approval of the Minister.

Bill C-54

BILL C-54