C-4324162-63Elizabeth II2013-2014An Act to establish the Canadian High Arctic Research StationCanadian High Arctic Research Station ActCanadian High Arctic Research Station20196
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C-17.839, s. 1452014[Enacted by section 145 of chapter 39 of the Statutes of Canada, 2014, in force June 1, 2015, see SI/2015-36.]Short Title
Short titleThis Act may be cited as the Canadian High Arctic Research Station Act.
Interpretation
DefinitionsThe following definitions apply in this Act.Arctic, when used in relation to Canada, means those parts of Canadanorth of sixty degrees north latitude; orsouth of sixty degrees north latitude but north of the southern limit of the discontinuous permafrost zone. (Arctique)Board means the Board of Directors of CHARS. (conseil)CHARS means the Canadian High Arctic Research Station established by subsection 4(1). (SCREA)immovable has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (immeuble)Minister means the Minister designated under section 3. (ministre)real property has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (biens réels)2014, c. 39, s. 145 “2”; 2018, c. 12, s. 247
Designation
Designation of MinisterThe Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.
CHARS Established
CHARS establishedA corporation is established to be called the Canadian High Arctic Research Station.Agent of Her MajestyCHARS is for all its purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty.
Purpose
PurposeThe purpose of CHARS is toadvance knowledge of the Canadian Arctic in order to improve economic opportunities, environmental stewardship and the quality of life of its residents and all other Canadians;promote the development and dissemination of knowledge of the other circumpolar regions, including the Antarctic;strengthen Canada’s leadership on Arctic issues; andestablish a hub for scientific research in the Canadian Arctic.
Powers and Functions
CHARS — functionsIn carrying out its purpose, CHARS is toundertake scientific research and develop technology;plan, direct, manage and implement programs and projects relating to scientific research and the development of technology;promote the testing, application, transfer, diffusion and commercialization of technology;encourage integration across disciplines and activities;publish and disseminate studies, reports and other documents;complement national and international networks of expertise and of facilities; andperform any other functions that the Minister assigns to it.CHARS — powersIn carrying out its purpose, CHARS mayconstruct, manage and operate research facilities and systems;spend any money that it receives through the conduct of its operations, in the fiscal year in which the money is received or in subsequent fiscal years;provide services and facilities to any department, board or agency of the Government of Canada, or to any other government or any organization or person;make recoverable expenditures on behalf of any department, board or agency of the Government of Canada, or on behalf of any other government or any organization or person;license, assign, sell or otherwise make available, and receive fees, royalties and payment for, any patent, copyright, industrial design, trademark, trade secret or other similar property right held, controlled or administered by CHARS;enter into contracts, agreements, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or of CHARS;lease personal property or movables, acquire any money, securities or other personal property or movables, including by purchase, gift or bequest or legacy, and — subject to any terms of the acquisition — spend or invest the money or securities;acquire real property or immovables, have the administration of the real property or immovables or acquire a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act;as lessor, lease any personal property or movables referred to in paragraph (g) or dispose by any means of property or movables acquired under that paragraph, subject to any terms on which the property or movables were acquired;subject to any terms on which the real property or immovables were acquired, dispose of any real property or immovables or give a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act; andundertake any other activities that the Board considers conducive to the furtherance of CHARS’s purpose and to the performance of its functions and exercise of its powers.Approval of Governor in CouncilDespite paragraphs (2)(h) and (j), CHARS may acquire or dispose of real property or immovables only with the approval of the Governor in Council.ExceptionSubsection (3) does not apply to anylease of real property or of an immovable; ordisposition to a public utility or municipality of an easement or any other interest in real property, other than a fee simple, or of a servitude or any other immovable real right, other than the ownership of an immovable, if the disposition is necessary for the utility or municipality to carry out its activities, including the construction or maintenance of a public work.[Repealed, 2018, c. 12, s. 248]Property of Her MajestyProperty acquired by CHARS is property of Her Majesty in right of Canada and title to it may be held in the name of Her Majesty in right of Canada or of CHARS.Transfer of administrationParagraph 16(1)(g) of the Federal Real Property and Federal Immovables Act applies to CHARS as if it were an agent corporation as defined in that Act.2014, c. 39, s. 145 “6”; 2018, c. 12, s. 248
MinisterThe Minister may refer matters relating to Arctic science and technology to CHARS for its consideration.AdviceCHARS must advise the Minister in respect of any matter that is referred to it under subsection (1).ReportsThe Minister may require CHARS to provide him or her with reports on its activities and operations, and may make such a report available to the public.
Board of Directors
Oversight of CHARSThe organization and administration of CHARS are to be overseen by a Board of Directors consisting of nine members, including a Chairperson and a Vice-chairperson. The members of the Board are to be appointed by the Governor in Council to hold office on a part-time basis.Approval of plans and budgetsThe Board’s oversight function includes approving CHARS’s science and technology plan as well as annual workplans and budgets referred to in subsection 17(2).Qualifications of membersPersons appointed to the Board must have knowledge or experience that will assist CHARS in carrying out its purpose, having regard to the ethnic, linguistic and regional diversity of Canada’s Arctic.
Terms of officeMembers of the Board are appointed to hold office during pleasure for terms of up to five years.ReappointmentA member of the Board is eligible for reappointment for a second term of office in the same or another capacity.
RemunerationMembers of the Board are to be paid the remuneration that is fixed by the Governor in Council.
ExpensesMembers of the Board are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties under this Act.
Chairperson
Chairperson’s roleThe Chairperson presides over meetings of the Board and performs any other duties that are assigned by the Board.
Acting ChairpersonIn the event of the absence or incapacity of the Chairperson, or a vacancy in that office, the Vice-chairperson acts as Chairperson.
President of CHARS
Appointment of PresidentThe President of CHARS is to be appointed by the Governor in Council to hold office during pleasure on a full-time basis for a term of up to five years.ReappointmentThe President is eligible for reappointment for one or more further terms of office.
RemunerationThe President is to be paid the remuneration that is fixed by the Governor in Council.
ExpensesThe President is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of work in the course of his or her duties under this Act.
President’s roleThe President is the chief executive officer of CHARS and is responsible for its day-to-day management and direction.Plans and budgetsThe President must submit to the Board for approvalCHARS’s science and technology plan, which must be submitted at intervals of five years or less; andannual workplans and budgets.
Acting PresidentIn the event of the absence or incapacity of the President, or a vacancy in that office, the Board must appoint an employee of CHARS to act as President.Maximum acting periodHowever, the acting President may act as President for longer than 90 days only with the approval of the Governor in Council.
Human Resources
AuthorityCHARS has authority over all matters relating to human resources management, including the determination of the terms and conditions of employment of its employees.Supervision of CHARS employeesThe President is to exercise supervision over and direction of the activities of the employees of CHARS.
Human resources managementCHARS may, in the exercise of its authority in relation to human resources management,determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;provide for the classification of CHARS positions;determine and regulate the pay to which its employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;determine and regulate the payments that may be made to its employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; andtake any other measures that CHARS considers necessary for effective human resources management.
CHARS’s power to appointCHARS has the exclusive right and authority to appoint any employees that it considers necessary for carrying out its purpose.
Mobility to departmentsFor the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of CHARS must be treated as if they were employees within the meaning of that Act and had the rights of recourse provided by that Act.When deployments made subject to termsThe Public Service Commission may, in consultation with the President of the Treasury Board, set terms and conditions for the deployment of CHARS’s employees to departments and agencies under the Public Service Employment Act if, in the opinion of the Commission, the principles governing CHARS’s staffing program are incompatible with those governing staffing under that Act.Mobility to CHARSWhen CHARS considers employees within the meaning of the Public Service Employment Act for employment within CHARS, it must treat them as if they were employees of CHARS and had the rights of recourse of CHARS’s employees.
Public Service Commission reviewThe Public Service Commission may periodically review the compatibility of the principles governing CHARS’s staffing program with those governing staffing under the Public Service Employment Act and may report its findings in its annual report.
Political activitiesPart 7 of the Public Service Employment Act applies to the President and employees of CHARS. For the purposes of that Part, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and the employees of CHARS are deemed to be employees as defined in that subsection.
Offices and Meetings
Head office and other officesCHARS’s head office is to be in Cambridge Bay, Nunavut. The Board may establish other offices elsewhere in Canada that it considers necessary for carrying out CHARS’s purpose.
MeetingsSubject to subsection (2), the Board must meet at least three times in each year at the times and places that the Chairperson selects.Northern meetingsAt least one of the Board’s meetings in each year must be held at CHARS’s head office.
CommitteesThe Board may appoint advisory or other committees. Each committee must include at least one person who is a member of the Board.
Bylaws
BylawsThe Board may make bylaws for the administration, management and control of the property, business and activities of CHARS, including bylawsrespecting the constitution of any committees appointed under section 27 and the roles and duties of those committees;fixing reasonable allowances or expenses for those appointed to a committee under section 27 who are not members of the Board; andrespecting the procedure at meetings of the Board and its committees.
General
InventionsDespite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an officer or employee of CHARS and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in CHARS.
ProceedingsActions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by CHARS on behalf of Her Majesty in right of Canada, whether in its name or in the name of Her Majesty, may be brought or taken by or against CHARS in the name of CHARS in any court that has jurisdiction with respect to the subject-matter of the claim.
RELATED PROVISIONS — 2014, c. 39, s. 146
DefinitionsThe following definitions apply in this section and in sections 147 to 156.CHARS means the Canadian High Arctic Research Station established by subsection 4(1) of the Canadian High Arctic Research Station Act, enacted by section 145. (SCREA)Commission means the Canadian Polar Commission established by section 3 of the Canadian Polar Commission Act, as that section read immediately before section 169 comes into force. (Commission)
 — 2014, c. 39, s. 147
Board of Directors of CommissionDespite subsection 8(1) of the Canadian High Arctic Research Station Act, enacted by section 145, the persons who, immediately before the day on which section 145 comes into force, held the office of Vice-Chairperson or other member of the Board of Directors of the Commission — other than the office of Chairperson of that Board — hold the office, beginning on that day, of Vice-chairperson or other member of the Board of Directors of CHARS, respectively, until the expiry of their appointment, their removal from office or their resignation.
 — 2014, c. 39, s. 148
Employment — CommissionNothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which section 145 comes into force, occupied a position in the Commission, except that the person, beginning on that day, occupies their position in CHARS.
 — 2014, c. 39, s. 149
Employment — Arctic Science and Technology DirectorateNothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupied a position in the portion of the Department of Indian Affairs and Northern Development known as the Arctic Science and Technology Directorate, except that the person, beginning on that day, occupies their position in CHARS.
 — 2014, c. 39, s. 150
Commission’s actions deemed CHARS’sEverything done, or purported to have been done, by the Commission or its Board of Directors before the day on which section 145 comes into force is deemed, on that day, to have been done by CHARS or its Board of Directors, respectively.
 — 2014, c. 39, s. 151
References — CommissionEvery reference to the Commission in any deed, contract, agreement or other document is, beginning on the day on which section 145 comes into force, to be read as a reference to CHARS unless the context otherwise requires.
 — 2014, c. 39, s. 152
Transfer of rights, property and obligations — CommissionAll rights, personal property or movables and real property or immovables of the Commission and all obligations of the Commission are transferred to CHARS on the day on which section 145 comes into force.
 — 2014, c. 39, s. 153
Commencement of legal proceedingsEvery action, suit or other legal proceeding in respect of an obligation or liability incurred by the Commission may, beginning on the day on which section 145 comes into force, be brought against CHARS.
 — 2014, c. 39, s. 154
Continuation of legal proceedingsIn every action, suit or other legal proceeding to which the Commission is party that is pending in any court immediately before the day on which section 145 comes into force, CHARS takes the place of the Commission as party on that day, and, beginning on that day, the action, suit or proceeding may be continued by or against CHARS in the same manner and to the same extent as it could have been continued by or against the Commission.
 — 2014, c. 39, s. 155
Transfer of appropriations — CommissionAny amount that is appropriated by an Act of Parliament for the fiscal year in which section 145 comes into force to defray the charges and expenses of the Commission and that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated to defray the charges and expenses of CHARS.
 — 2014, c. 39, s. 156
Transfer of appropriations — Arctic Science and Technology DirectorateAny amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Department of Indian Affairs and Northern Development related to the portion of that Department known as the Arctic Science and Technology Directorate and that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated to defray the charges and expenses of CHARS.