Bill C-12
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51-52 ELIZABETH II |
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CHAPTER 2 |
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An Act to promote physical activity and sport
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[Assented to 19th March, 2003]
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Preamble
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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, social
cohesion, linguistic duality, economic
activity, cultural diversity and quality of life;
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WHEREAS the Government of Canada
wishes to increase awareness among
Canadians of the significant benefits of
physical activity and the practice of sport;
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WHEREAS the Government of Canada
wishes to encourage and assist Canadians in
increasing their level of physical activity and
their participation in sport;
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WHEREAS the Government of Canada is
committed to promoting physical activity and
sport, having regard to the principles set out in
the Official Languages Act;
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AND WHEREAS the Government of
Canada wishes to encourage cooperation
among the various governments, the physical
activity and sport communities and the private
sector in the promotion of physical activity
and sport;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Physical
Activity and Sport Act.
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INTERPRETATION |
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Definition of
``Minister''
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2. In this Act, ``Minister'' means the
member or members of the Queen's Privy
Council for Canada designated by the
Governor in Council for the purposes of this
Act.
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POLICIES |
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Physical
activity policy
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3. The objectives of the Government of
Canada's policy regarding physical activity
are
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Sport
policy -
principles
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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.
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Sport
policy -
objectives
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(2) The objectives of the Government of
Canada's policy regarding sport are
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OBJECTS AND MANDATE |
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Objet de la loi
et mesures
ministérielles
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5. The objects of this Act are to encourage,
promote and develop physical activity and
sport in Canada. The Minister may take any
measures that the Minister considers
appropriate to further those objects, and in
particular may
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Financial
assistance
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6. For the purposes of this Act, the Minister
may provide financial assistance in the form
of grants and contributions to any person, in
accordance with Parts IV and VII of the
Official Languages Act.
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AGREEMENTS AND ARRANGEMENTS |
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Contribution
agreements
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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.
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Agreements to
implement
Canada's
policy
regarding
sport
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(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.
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International
agreements
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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.
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SPORT DISPUTE RESOLUTION CENTRE OF CANADA |
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Establishment of Centre |
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Centre
established
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9. (1) A not-for-profit corporation is hereby
established to be called the Sport Dispute
Resolution Centre of Canada, in this Act
referred to as ``the Centre'', which shall
include a dispute resolution secretariat and a
resource centre.
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Not an agent
of Her
Majesty
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(2) The Centre is not an agent of Her
Majesty.
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Not a
departmental
or Crown
corporation
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(3) The Centre is not a departmental
corporation or a Crown corporation within the
meaning of the Financial Administration Act.
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Status of
arbitrator or
mediator
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(4) For the purposes of the Federal Court
Act, the Centre or an arbitrator or mediator
who provides services under the auspices of
the Centre is not a federal board, commission
or other tribunal within the meaning of that
Act.
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Both official
languages to
be used
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(5) The Centre shall offer its services to, and
communicate with, the public in both official
languages of Canada.
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Head office
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(6) The head office of the Centre shall be at
the place in Canada that is designated in the
by-laws of the Centre.
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Mission and Powers |
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Mission
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10. (1) The mission of the Centre is to
provide to the sport community
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Interpreta- tion
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(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.
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Powers
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11. (1) In carrying out its mission, the
Centre has the capacity and powers of a
natural person, including the power to
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Restrictions
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(2) Despite subsection (1), the Centre
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Board of Directors |
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Role
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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.
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Composition
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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.
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Non-applica- tion of provisions
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(2) Sections 14, 16 and 18 do not apply to
the executive director.
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Appointment
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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.
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Appointment
criteria
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(2) The directors shall be chosen in
accordance with guidelines that are
established by the Minister in consultation
with the sport community.
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Guidelines
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(3) The guidelines shall provide for a board
of directors that
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Statutory
Instruments
Act does not
apply
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(4) Guidelines referred to in subsection (3)
are not statutory instruments for the purposes
of the Statutory Instruments Act.
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Exclusion
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15. A director may not be appointed as an
officer of the Centre.
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No
remuneration
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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.
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By-laws
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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
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