Marginal note:Policy directions

• 25. (1) The Minister may issue policy directions to the Agency concerning the exercise of any of its powers, and the Agency shall give effect to directions so issued.

• Marginal note:Exception

  (2) Policy directions issued by the Minister may not affect a matter that is before the Agency at the time they are issued and that relates to a particular person.

• Marginal note:Statutory Instruments Act

  (3) Policy directions issued by the Minister are not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Board of directors

• 26. (1) There shall be a board of directors of the Agency consisting of not more than 13 members, including a Chairperson and the President of the Agency.

• Marginal note:Appointment criteria

  (2) The membership of the board of directors must reflect a range of backgrounds and disciplines relevant to the Agency's objectives.

• Marginal note:Part-time service

  (3) The members of the board of directors shall perform their duties and functions on a part-time basis.

• Marginal note:Term of office

  (4) A member of the board shall be appointed by the Governor in Council for a term not exceeding three years. Each initial member of the board shall be appointed to hold office for a term that will ensure, so far as possible, the expiry in any one year of the terms of office of not more than one third of the members.

• Marginal note:Removal and reappointment

  (5) A member of the board shall be appointed to hold office during pleasure, and is eligible for reappointment.

• Marginal note:Continuation in office

  (6) If no successor is appointed to take office on the expiry of a member's term of appointment, the member continues in office until a successor is appointed.

• Marginal note:Provisions not applicable

  (7) Subsections (3) to (6) do not apply to the Chairperson or the President.

• Marginal note:Persons not eligible to be directors

  (8) A person is not eligible to be a member of the board of directors if they hold a licence or are an applicant for a licence or a director, officer, shareholder or partner of a licensee or applicant for a licence.

Marginal note:Meetings

27. The board of directors may determine the times and the places in Canada of its meetings, but it shall meet at least twice a year.

Marginal note:Participation of deputy ministers

28. The Deputy Minister of Health, or an alternate designated by the Deputy Minister of Health, and a person nominated by the deputy ministers of the departments responsible for health in the provinces from among their number, or an alternate so nominated, are entitled to attend meetings of the board of directors and speak to any matter under consideration at the meeting.

Marginal note:Members of the board

29. Each member of the board of directors, except the President of the Agency,

• (a) shall be paid the remuneration fixed by the Governor in Council for attendance at meetings of the board of directors 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.

Marginal note:Management of Agency

30. The board of directors is responsible for the overall management of the Agency, including

• (a) the provision of advice to the Minister on assisted human reproduction and other matters to which this Act applies, or on any matter referred to the Agency by the Minister;

• (b) the approval of the Agency's goals and operational policies;

• (c) the approval of the Agency's budget; and

• (d) the evaluation of the Agency's performance.

Marginal note:By-laws

31. The board of directors 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.

Marginal note:Delegation

• 32. (1) Subject to subsection (2), the board of directors may, by by-law, delegate any of the Agency's powers and duties to a committee of the board or the President, including powers and duties under sections 44, 46, 52, 54, 55, 58, 59 and 64.

• Marginal note:Exceptions

  (2) The board of directors may not delegate its powers under section 40, 41 or 42 or any of its powers or duties with respect to the provision of advice to the Minister, the approval of the Agency's goals and operational policies, the approval of its budget and the making of by-laws.

Marginal note:Advisory panels

• 33. (1) The board of directors may, by by-law, establish advisory panels to examine, report on and make recommendations with respect to any issue referred to the panels by the board.

• Marginal note:Outside members

  (2) A by-law establishing an advisory panel may provide for the inclusion of persons who are not members of the board.

• Marginal note:Fees

  (3) Members of an advisory panel who are not members of the board may be paid remuneration for their services as fixed by the Agency's by-laws.

Marginal note:Appointment of Chairperson

• 34. (1) The Chairperson of the board of directors shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than three years, and is eligible for reappointment.

• Marginal note:Functions of Chairperson

  (2) The Chairperson shall preside at meetings of the board of directors, and may exercise the powers and shall perform the duties assigned by the Agency's by-laws.

Marginal note:Election of Vice-Chairperson

• 35. (1) The board of directors shall elect one of its members to be Vice-Chairperson.

• Marginal note:Replacing Chairperson

  (2) In the event of the absence or incapacity of the Chairperson or a vacancy in that office, the Vice-Chairperson may exercise the powers and shall perform the duties of the Chairperson.

Marginal note:Appointment of President

• 36. (1) The President of the Agency shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than five years, and is eligible for reappointment.

• Marginal note:Chief executive officer

  (2) The President is the chief executive officer of the Agency and has supervision over and direction of the work and staff of the Agency, and may exercise the powers and shall perform the duties assigned by the Agency's by-laws.

• Marginal note:Delegation

  (3) The President may delegate to any officer of the Agency any power conferred or duty imposed on the President by or under this or any other Act.

• Marginal note:Acting President

  (4) In the event of the absence or incapacity of the President or a vacancy in that office, the board of directors may authorize an officer of the Agency 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.

Marginal note:President's pay and benefits

37. The President

• (a) shall be paid the remuneration fixed by the Governor in Council; and

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

Marginal note:Exercise of powers by officers and employees

38. An officer or employee of the Agency may exercise any power and perform any duty of the Agency if the officer or employee is appointed to serve in a capacity appropriate to the exercise of the power or performance of the duty.

Marginal note:Contracts and arrangements

• 39. (1) The Agency may enter into contracts, agreements, memoranda of understanding and 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, either in its own name or in the name of Her Majesty in right of Canada.

• Marginal note:Title to property

  (2) Property acquired by the Agency is property of Her Majesty in right of Canada, and title to it may be held in the Agency's name or in Her Majesty's name.

• Marginal note:Legal proceedings

  (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, 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 Agency in the name of the Agency in any court that would have jurisdiction if the Agency were not an agent of Her Majesty.

ADMINISTRATION

Marginal note:Issuance of licence for controlled activity

• 40. (1) The Agency may, in accordance with the regulations, issue a licence to any person having the qualifications provided under the regulations, authorizing the person to undertake any controlled activity specified in the licence.

• Marginal note:Use of in vitro embryo

  (2) A licence authorizing the use of an in vitro embryo for the purpose of research may be issued only if the Agency is satisfied that the use is necessary for the purpose of the proposed research.

• Marginal note:Clinical trials

  (3) The number of licences that the Agency considers sufficient may be issued in respect of clinical trials of a controlled activity.

• Marginal note:Written consent required

  (3.1) The Agency shall not issue a licence under subsection (1) for embryonic stem cell research unless it has received the written consent of the original gamete providers and the embryo provider in accordance with the Human Pluripotent Stem Cell Research Guidelines released by the Canadian Institutes of Health Research in March, 2002, as specified in the regulations.

• Marginal note:Responsible individual

  (4) If a person to whom a licence is issued is not an individual, the licence must designate an individual as the person responsible for compliance with this Act, but that designation does not affect the responsibility of the licensee or any other individual under this Act.

• Marginal note:Issuance of facility licences

  (5) The Agency may, in accordance with the regulations, issue a licence to the owner or operator of any premises permitting the use of those premises for a controlled activity undertaken by persons to whom a licence has been issued under subsection (1).

• Marginal note:Terms and conditions

  (6) The Agency may, in accordance with the regulations, attach terms and conditions to a licence at the time of issuing the licence or at any time after that.

• Marginal note:Cost recovery prohibited

  (7) The Agency may not apply a policy of cost recovery to the issuance of licences.