Budget Implementation Act, 2005 (S.C. 2005, c. 30)
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Assented to 2005-06-29
PART 7AUDITOR GENERAL OF CANADA
Coordinating Amendments
Marginal note:Bill C-18
51. If Bill C-18, introduced in the 1st session of the 38th Parliament and entitled An Act to amend the Telefilm Canada Act and another Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 35 of this Act and section 8 of the other Act, the portion of section 85 of the Financial Administration Act before subsection (2) is replaced by the following:
Marginal note:Exempted Crown corporations
85. (1) Divisions I to IV do not apply to the Bank of Canada or the Canada Pension Plan Investment Board.
Marginal note:Exempted Crown corporations
(1.1) Divisions I to IV, except for sections 131 to 148, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation.
Marginal note:Exemption for Telefilm Canada
(1.2) Divisions I to IV, except for sections 131 to 148 and subject to subsection 21(2) of the Telefilm Canada Act, do not apply to Telefilm Canada.
PART 8PAYMENTS TO CERTAIN ENTITIES
Aboriginal Healing Foundation
Marginal note:Payment of $40,000,000
52. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister responsible for Indian Residential Schools Resolution, be paid and applied a sum not exceeding forty million dollars for payment to the Aboriginal Healing Foundation for its use.
Asia-Pacific Foundation of Canada
Marginal note:Payment of $50,000,000
53. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Foreign Affairs, be paid and applied a sum not exceeding fifty million dollars for payment to the Asia-Pacific Foundation of Canada for its use.
Canadian Academies of Science
Marginal note:Payment of $30,000,000
54. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Industry, be paid and applied a sum not exceeding thirty million dollars for payment to the Canadian Academies of Science for its use.
Canadian Cattlemen’s Association
Marginal note:Payment of $50,000,000
55. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Agriculture and Agri-Food, be paid and applied a sum not exceeding fifty million dollars for payment to the Canadian Cattlemen’s Association for the purpose of establishing a legacy fund to support the Canadian cattle and beef industry and ensure its long-term viability.
Canadian Youth Business Foundation
Marginal note:Payment of $10,000,000
56. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Industry, be paid and applied a sum not exceeding ten million dollars for payment to the Canadian Youth Business Foundation for its use.
Federation of Canadian Municipalities
Marginal note:Payment of $150,000,000
57. (1) From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment, be paid and applied a sum not exceeding one hundred and fifty million dollars for payment to the Federation of Canadian Municipalities for the purpose of providing funding to the Green Municipal Fund.
Marginal note:Payment of $150,000,000
(2) From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Natural Resources, be paid and applied a sum not exceeding one hundred and fifty million dollars for payment to the Federation of Canadian Municipalities for the purpose of providing funding to the Green Municipal Fund.
Genome Canada
Marginal note:Payment of $165,000,000
58. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Industry, be paid and applied a sum not exceeding one hundred and sixty-five million dollars for payment to Genome Canada for its use.
Precarn Incorporated
Marginal note:Payment of $20,000,000
59. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Industry, be paid and applied a sum not exceeding twenty million dollars for payment to Precarn Incorporated for its use.
PART 9ASIA-PACIFIC FOUNDATION OF CANADA
R.S., c. A-13Asia-Pacific Foundation of Canada Act
60. (1) The portion of section 3 of the Asia-Pacific Foundation of Canada Act before paragraph (a) is replaced by the following:
Marginal note:Purpose of Foundation
3. The purpose of the Foundation is to develop closer ties between the peoples and institutions of Canada and the peoples and institutions of the Asia-Pacific region and to promote capacity development in persons and entities that share an interest in the Asia-Pacific region and the building of networks between them by
(2) Section 3 of the Act is amended by adding the following after paragraph (a):
(a.1) promoting dialogue on, and understanding of, foreign policy issues as they relate to Canada and the Asia-Pacific region;
61. Paragraph 4(l) of the Act is replaced by the following:
(l) expend, for the purpose of the Foundation, all amounts received by it as grants, contributions and donations of money for its activities; and
62. Section 7 of the Act is replaced by the following:
Marginal note:Board of Directors
7. The affairs of the Foundation are to be managed by a Board of Directors, in this Act referred to as the “Board”.
63. Section 8 of the Act is repealed.
Marginal note:1995, c. 5, par. 25(1)(a)
64. Section 9 of the Act is replaced by the following:
Marginal note:Appointment to the Board
9. The Board consists of the following directors:
(a) the Chairperson and up to six other directors appointed by the Governor in Council after consultation with the Board by the Minister of Foreign Affairs, in this Act referred to as the “Minister”;
(b) up to eighteen directors appointed by the Board after consultations with the governments of the provinces and any interested individuals, corporations and organizations; and
(c) the President of the Foundation appointed under section 17.
65. Section 10 of the Act is replaced by the following:
Marginal note:Appointments from provinces
10. When considering the appointment to the Board under paragraph 9(b) of any person proposed by the government of a province, the Board, subject to the criteria that it may establish for the purpose, is to have regard to the amounts contributed to the Foundation by that province.
Marginal note:Representation and experience
10.1 The appointment of directors is to be made from persons whose background or experience would assist the Foundation in the fulfilment of its purpose and having regard to the following considerations:
(a) the need to ensure, as far as possible, that at least one half of the membership has experience or expertise concerning relations between Canada and the Asia-Pacific region;
(b) the need for a membership that has sufficient knowledge of corporate governance, investment management, auditing and evaluations; and
(c) the importance of having membership that is representative of Canadian society.
Marginal note:Ineligibility
10.2 A person is not eligible to be appointed as a director if the person is a member of the Senate or the House of Commons.
66. The Act is amended by adding the following after section 12:
Marginal note:Removal from office
12.1 The Chairperson and any director appointed under paragraph 9(a) may be removed for cause by the Governor in Council. Any director appointed under paragraph 9(b) may be removed for cause by the Board.
67. The Act is amended by adding the following after section 16:
Marginal note:Directors without voting rights
16.1 A director who is part of the public service of Canada does not have the right to vote on any matter before the Board or a committee of the Board.
Marginal note:Duty of care
16.2 The Chairperson, the President and every other director of the Foundation, in exercising any of their powers and in discharging any of their duties, shall
(a) act honestly and in good faith with a view to the best interests of the Foundation;
(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and
(c) comply with this Act and the by-laws of the Foundation.
Marginal note:Indemnification
16.3 Except in respect of an action by or on behalf of the Foundation to procure a judgment in its favour, the Foundation may indemnify a present or former Chairperson, President or other director or officer of the Foundation against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that are reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she is a party by reason of being or having been a director or officer of the Foundation, if
(a) he or she acted honestly and in good faith with a view to the best interests of the Foundation; and
(b) in the case of a criminal or administrative action or proceeding enforced by a monetary penalty, he or she had reasonable grounds for believing that the impugned conduct was lawful.
Marginal note:Restriction
16.4 The Board or a committee of the Board may not, for the purpose of making a decision other than a decision to appoint a director under paragraph 9(b), be comprised of a majority of directors appointed under paragraph 9(a) who have the right to vote.
Marginal note:Delegation by Board
16.5 (1) The Board may delegate to the Chairperson, a committee of directors or an officer of the Foundation any of the powers or rights of the Board.
Marginal note:Restrictions on delegation
(2) The Board may not, however, delegate any power or right of the Board
(a) to make, amend or repeal by-laws;
(b) to appoint directors to, or fill vacancies on, a committee of the Board;
(c) to appoint officers of the Foundation or fix their remuneration;
(d) to accept grants, contributions and donations; or
(e) to approve the annual financial statements or annual reports of the Foundation.
Marginal note:Both official languages to be used
16.6 The Foundation shall offer its services in both official languages.
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