Physical Activity and Sport Act (S.C. 2003, c. 2)

Short Title

Marginal note: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 or members of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act.

Policies

Marginal note: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.

Marginal note: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.

• Marginal note: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

Marginal note:Objects of Act and mandate of Minister

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

• (a) undertake or assist in research or studies in respect of physical activity and sport;

• (b) arrange for national and regional conferences in respect of physical activity and sport;

• (c) provide for the recognition of achievement in respect of physical activity and sport by the grant or issue of certificates, citations or awards of merit;

• (d) prepare and distribute information relating to physical activity and sport;

• (e) assist, cooperate with and enlist the aid of any group interested in furthering the objects of this Act;

• (f) coordinate federal initiatives related to the encouragement, promotion and development of physical activity and sport, particularly those initiatives related to the implementation of the Government of Canada’s policy regarding sport, the hosting of major sporting events and the implementation of anti-doping measures, in cooperation with other departments or agencies of the Government of Canada;

• (g) undertake or support any projects or programs related to physical activity or sport;

• (h) provide assistance for the promotion and development of Canadian participation in national and international sport;

• (i) provide for the training of coaches and any other resource persons to further the objects of this Act in relation to sport;

• (j) provide bursaries or fellowships to assist individuals in pursuing excellence in sport;

• (k) encourage the promotion of sport as a tool of individual and social development in Canada and, in cooperation with other countries, abroad;

• (l) encourage the private sector to contribute financially to the development of sport;

• (m) facilitate the participation of under-represented groups in the Canadian sport system;

• (n) encourage provincial and territorial governments to promote and develop sport;

• (o) coordinate the Government of Canada’s initiatives and efforts with respect to the staging and hosting of the Canada Games; and

• (p) encourage and support alternative dispute resolution for sport.

Marginal note: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, in accordance with Parts IV and VII of the Official Languages Act.

Agreements and Arrangements

Marginal note: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.

• Marginal note: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.

Marginal note: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

Marginal note:Centre established

• 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.

• Marginal note:Not an agent of Her Majesty

  (2) The Centre is not an agent of Her Majesty.

• Marginal note:Not a departmental or Crown corporation

  (3) The Centre is not a departmental corporation or a Crown corporation within the meaning of the Financial Administration Act.

• Marginal note:Status of arbitrator or mediator

  (4) For the purposes of the Federal Courts 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.

• Marginal note:Both official languages to be used

  (5) The Centre shall offer its services to, and communicate with, the public in both official languages of Canada.

• Marginal note:Head office

  (6) The head office of the Centre shall be at the place in Canada that is designated in the by-laws of the Centre.

Mission and Powers

Marginal note: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.

• Marginal note:Interpretation

  (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.

Marginal note: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.

• Marginal note: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

Marginal note: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.

Marginal note: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.

• Marginal note:Non-application of provisions

  (2) Sections 14, 16 and 18 do not apply to the executive director.

Marginal note: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.

• Marginal note:Appointment criteria

  (2) The directors shall be chosen in accordance with guidelines that are established by the Minister in consultation with the sport community.

• Marginal note: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.

• Marginal note: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.

Marginal note:Exclusion

15 A director may not be appointed as an officer of the Centre.

Marginal note: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.

Marginal note: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 appointment and remuneration of the 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

    • (i) principles governing the use of English and French by the staff of the Centre in their communications, provision of services and daily work, and

    • (ii) 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.

• Marginal note: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.

• Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Executive Director

Marginal note:Appointment

21 The board of directors shall appoint an executive director of the Centre.

Marginal note:Duties

22 The executive director is the chief executive officer of the Centre and has, on behalf of the board of directors, responsibility for the direction and management of the business and day-to-day operations of the Centre.

Marginal note:Absence, etc., of executive director

23 If the executive director is absent or incapacitated or if the office of executive director is vacant, the chairperson may designate any person to exercise the powers and perform the duties and functions of the executive director during the absence, incapacity or vacancy, but no person may be so designated for a period exceeding 90 days without the approval of the board of directors.