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

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

• 34 (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

• 35 (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.

  • Return to footnote ^*[Note: Section 51 in force May 31, 2001, see SI/2001-66.]

Marginal note:Offer of employment

• 36 (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.

  • Return to footnote ^*[Note: Subsection 36(1) in force June 7, 2000, see SI/2000-46.]

• 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.

  • Return to footnote ^*[Note: Section 51 in force May 31, 2001, see SI/2001-66.]

• 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.

Marginal note:Term employees

Footnote ^*37 Every person employed by the Medical Research Council who is not appointed for an indeterminate period continues as an employee of the CIHR, subject to the same terms and conditions of employment, 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.

• Return to footnote ^*[Note: Section 51 in force May 31, 2001, see SI/2001-66.]

Marginal note:Collective agreements and arbitral awards

• Footnote ^*38 (1) Any collective agreement or arbitral award that, after this subsection comes into force and before section 51 comes into force, applies to an employee of the Medical Research Council who becomes an employee of the CIHR continues to apply with respect to that employee with the CIHR as the separate employer for the purposes of the agreement or award until its term expires.

  • Return to footnote ^*[Note: Subsection 38(1) in force June 7, 2000, see SI/2000-46; section 51 in force May 31, 2001, see SI/2001-66.]

• Marginal note:Collective agreements and arbitral awards

  Footnote ^*(2) Any collective agreement or arbitral award that applies with respect to the Medical Research Council and that is in effect on the day that section 51 comes into force continues in effect with the CIHR as the separate employer for the purposes of the agreement or award until its term expires. Subsections 48.1(2) to (8) of the Public Service Staff Relations Act apply as though the agreement or award were one referred to in subsection 48.1(1) of that Act.

  • Return to footnote ^*[Note: Section 51 in force May 31, 2001, see SI/2001-66.]

Marginal note:Pending grievances

• Footnote ^*39 (1) Any grievance commenced under the Public Service Staff Relations Act by an employee of the Medical Research Council that has not been finally dealt with on the day on which section 51 comes into force shall be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Council had not been terminated.

  • Return to footnote ^*[Note: Section 51 in force May 31, 2001, see SI/2001-66.]

• Marginal note:Implementation of decision

  (2) The CIHR shall implement, as soon as feasible, any action required by a final decision with respect to a grievance referred to in subsection (1).

Marginal note:Termination of Medical Research Council appointments

40 The appointments made under section 3 of the Medical Research Council Act of the members and the President of the Medical Research Council are terminated.

Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

41 to 50 [Amendments]

Repeal

51 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*52 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• 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.]