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Canadian Institutes of Health Research Act (S.C. 2000, c. 6)

Act current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

President and Employees

Marginal note:President

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

  • Marginal note: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.

  • 2000, c. 6, s. 23
  • 2018, c. 12, s. 256(F)

Marginal note:Part 7 of the Public Service Employment Act

 For the purposes of Part 7 of the Public Service Employment Act, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and an employee of the CIHR is deemed to be an employee as defined in subsection 2(1) of that Act.

  • 2000, c. 6, s. 24
  • 2003, c. 22, s. 233

Marginal note:Benefits

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

  • 2000, c. 6, s. 25
  • 2003, c. 22, s. 141(E)

Powers

Marginal note:Ancillary powers

 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 Not-for-profit 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, trademark, 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.

  • 2000, c. 6, s. 26
  • 2009, c. 23, s. 319
  • 2014, c. 20, s. 366(E)

Marginal note:Title to property

 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.

Marginal note:Choice of service providers

  •  (1) Notwithstanding section 9 of the Department of Public Works and Government Services Act, the CIHR may procure goods and services from outside the federal public administration.

  • Marginal note:Legal services

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

  • 2000, c. 6, s. 28
  • 2003, c. 22, s. 224(E)

Marginal note:Expending money

 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.

Marginal note:Legal proceedings

 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

 [Repealed, 2012, c. 19, s. 191]

Marginal note:Annual report

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

  • Marginal note: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.

  • 2000, c. 6, s. 32
  • 2012, c. 19, s. 192

Transitional

Marginal note:Deemed appropriation

  • Footnote * (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.

  • Marginal note:Unexpended appropriations for Medical Research Council

    Footnote *(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.

    • Return to footnote *[Note: Act, except sections 40, 41, 43, 45, 47, 49 and 51, in force June 7, 2000, see SI/2000-46; sections 40, 41, 43, 45, 47, 49 and 51 in force May 31, 2001, see SI/2001-66.]

Marginal note:Transfer of rights, property, obligations and liabilities

  •  (1) All rights and property and all obligations and liabilities of the Medical Research Council are transferred to the CIHR.

  • Marginal note: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.

Marginal note:Commencement of legal proceedings

  •  (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.

  • Marginal note:Continuation of legal proceedings

    Footnote *(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.

Marginal note:Offer of employment

  •  (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.

  • Marginal note:Deemed acceptance

    Footnote *(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.

  • Marginal note:Start and termination of employment

    Footnote *(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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

 
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