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

Act current to 2019-06-20 and last amended on 2017-12-31. Previous Versions

Sport Dispute Resolution Centre of Canada (continued)

Board of Directors

Marginal note:Role

 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

  •  (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

  •  (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

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

Marginal note:No remuneration

 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

  •  (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

 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

 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

 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

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

Marginal note:Duties

 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

 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.

Marginal note:Delegation

 The executive director may delegate to any person any power, duty or function conferred on the executive director under this Act.

Personnel

Marginal note:Personnel

 The Centre may engage any employees and any technical and professional advisers that it considers necessary for the proper conduct of its activities.

Marginal note:Status

 Directors, officers and employees of the Centre are deemed not to be employees of the federal public administration and, for the purposes of the Public Service Superannuation Act, are deemed not to be employed in the public service.

  • 2003, c. 2, s. 26, c. 22, s. 279(E)

Audit

Marginal note:Audit committee

  •  (1) The board of directors shall establish an audit committee consisting of at least three directors.

  • Marginal note:Duties of audit committee

    (2) The audit committee shall

    • (a) require the Centre to implement and maintain appropriate internal control procedures;

    • (b) review, evaluate and approve those internal control procedures;

    • (c) review the Centre’s annual financial statements and report to the Centre before those statements are approved by the board of directors;

    • (d) meet with the Centre’s auditor to discuss the Centre’s annual financial statements and the auditor’s report; and

    • (e) meet with the Centre’s auditor and the Centre’s management to discuss the effectiveness of the internal control procedures.

  • Marginal note:Special report

    (3) If the audit committee is of the opinion that there is any information that should be brought to the attention of the Minister, it shall make a report of that information to the Minister and furnish the board with a copy of the report.

  • Marginal note:Meeting of directors

    (4) The audit committee may call a meeting of the board of directors to consider any matter of concern to the committee.

  • Marginal note:Technical assistance

    (5) The audit committee may engage, on a temporary basis, the services of persons having technical or specialized knowledge to assist the committee in carrying out its duties under this Act.

 
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