SCIENCE COUNCIL ACT

[RSBC 1996] CHAPTER 415

Contents

1 — Definitions

1 In this Act:

"council" means the Science Council of British Columbia continued under this Act;

"former Act" means the Science Council Act repealed by this Act;

"president" means the president of the council.

2 — Science Council of British Columbia

2 (1) The Science Council of British Columbia is continued consisting of

(a) 15 directors appointed by the Lieutenant Governor in Council for a term of not more than 3 years, and

(b) the president.

(2) The Lieutenant Governor in Council may designate a chair from among the directors.

(3) No person may be appointed under subsection (1) (a) to a term as director that, together with previous terms as director, would be longer than 6 consecutive years.

3 — Objectives of council

3 The council must do all of the following:

(a) encourage development and application of advanced technology to meet the needs of industry in British Columbia including the implementation, administration and funding of programs and the organization and management of projects and initiatives that serve to further the objectives set out in this section;

(b) consider all matters brought to its attention by the minister and if required by the minister report its findings to the minister;

(c) formulate recommendations to the government respecting the acquisition, development and dissemination of scientific, technological and scholarly knowledge to promote the industrial, economic and social development of British Columbia,

(d) advise the government on implementation of science policy;

(e) gather and organize information on scientific research;

(f) facilitate discussions on science policy with Canada or a province or with an interested person;

(g) recommend to the government the establishment and awarding of fellowships, scholarships, exhibitions, bursaries, grants and prizes to encourage development of improved technology and retention of skilled research personnel in British Columbia;

(h) evaluate research and development proposals and make recommendations to the government respecting funding of these proposals.

4 — Grants and funding

4 The council may

(a) make an award described in section 3 (g) for the purposes referred to in that section, and

(b) fund a proposal described in section 3 (h).

5 — Reimbursement and remuneration of directors of council

5 Each director of the council must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of duties under this Act and may be paid remuneration for services that the Lieutenant Governor in Council orders.

6 — President, officers and employees of the council

6 (1) The council must appoint the president and determine the remuneration and other terms and conditions of employment of the president.

(2) The council is responsible for the administration of the council’s business.

(3) The council may

(a) appoint or employ officers and other employees the council considers necessary to carry on its business and operations,

(b) define the duties of these officers and other employees and, subject to the regulations, determine their remuneration and other terms and conditions of their employment, and

(c) provide a system of organization to carry out the business of the council.

(4) The council may delegate to the president a power or responsibility described by subsection (3).

(5) The officers and employees appointed or employed under this section are officers and employees of the council during the term of their appointment or employment.

(6) Subject to this Act, the Public Service Act and the Public Service Labour Relations Act do not apply to the officers and employees of the council.

7 — Transfer of public service or secretariat employees to the council

7 If immediately before appointment or employment under section 6 (3) an officer or employee of the council had been confirmed in employment under section 6 of the former Act or under the Public Service Act, the officer or employee is entitled to all accrued superannuation or pension plan benefits in respect of that employment and to full credit for contributions made by the officer or employee or attributable to the former employer on behalf of the officer or employee in respect of that employment.

8 — Public service seniority

8 An officer or employee of the council who elects or has elected to be a public service employee under the Public Service Act, within 12 months after appointment or employment

(a) by the secretariat under the former enactment, or

(b) if paragraph (a) does not apply, by the council,

retains service seniority in the public service for the period of office or employment with the council.

9 — Application of other Acts

9 (1) The Public Service Benefit Plan Act applies to the officers and employees of the council.

(2) The Pension (Public Service) Act applies to the council, its officers and employees and

(a) the council and its officers and employees are deemed to be employer and employees within the meaning of that Act,

(b) the council must make the deductions from the salaries of the officers and employees as required under section 9 of that Act and pay the money to the commissioner under that Act, and

(c) the council must, in addition, pay to the commissioner the employer’s contributions in amounts equivalent to the amounts required under that Act.

10 — Powers of council

10 (1) Subject to the regulations, the council may

(a) purchase material and equipment and maintain premises required by the council,

(b) regulate its own affairs and its practices and procedures, and

(c) publish documents and other materials.

(2) Subject to the regulations, and if authorized by the council, the president or other officer may act on the council’s behalf for the purposes of subsection (1) (a) and (c) and of subsection (3) (a).

(3) Despite any enactment but subject to the regulations, the council may, on its own behalf,

(a) engage or retain such persons as it considers necessary as consultants, experts or specialists and set their remuneration, and

(b) in addition to money appropriated for the purposes of the council by the Legislature, acquire money from any other lawful source and disburse, expend or otherwise deal with the money for the purposes of this Act.

(4) Canadian or other rights to or in respect of a discovery, invention or improvement in an art, process, apparatus, machine, manufacture or composition of matter may be

(a) acquired in the council’s own name, or

(b) licensed, sold or otherwise granted or made available to others by the council.

(5) The council may pay or receive royalties, fees or other payments for rights described in subsection (4).

(6) The council may invest money in its hands in an investment in which section 15 of the Trustee Act authorizes a trustee to invest.

11 — Execution of documents by council

11 A document required to be in writing, and to which the council is a party, is deemed to be properly executed if the affixing of the council’s name is witnessed by

(a) the signatures of the chair of the council and one other director of the council authorized by the council, or

(b) the signature of the president if authorized by the council.

12 — Council is an agent of the government

12 (1) The council is for all purposes agent of the government and the powers of the council may be exercised only as agent of the government.

(2) The council is, as agent of the government, a legal entity.

13 — Immunities

13 (1) An action for damages because of anything done or omitted to be done in good faith under this Act or the regulations must not be brought against a director, officer or employee of the council

(a) in the performance or intended performance of any duty, or

(b) in the exercise or intended exercise of any power.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission of

(a) the council,

(b) a director, officer or employee of the council, or

(c) a person who is subject to the direction of the council,

for which act or omission the government would be vicariously liable if this section were not in force.

(3) Subsection (1) does not absolve the council from vicarious liability for an act or omission of a person who is subject to the council’s direction for which act or omission the council would be vicariously liable if this section were not in force.

14 — Exemption of council from taxation

14 The council is not liable to taxation except to the extent that the government is liable.

15 — Fiscal year end

15 The fiscal year end of the council is March 31.

16 — Financial administration

16 (1) The council must establish and maintain an accounting system satisfactory to the Minister of Finance and Corporate Relations and must, whenever required by that minister, render detailed accounts of its revenues and expenditures for such period or to such day as that minister may designate.

(2) Records of the council must at all times be open for inspection by the minister or such other person as the minister may designate.

(3) The Minister of Finance and Corporate Relations may direct the Comptroller General to examine and report to the Minister of Finance and Corporate Relations on any or all of the financial and accounting operations of the council.

(4) The accounts of the council must, at least once in every year, be audited and reported on by an auditor described by section 180 of the Company Act.

(5) The council must, within 90 days of the fiscal year end, submit annually to the minister in a form approved by the minister

(a) a report of the council on its operations for the preceding fiscal year,

(b) a financial statement showing the assets and liabilities of the council as of the end of the preceding fiscal year, and

(c) the annual report of the auditor of the council.

(6) The report and financial statement referred to in subsection (5) must be laid before the Legislative Assembly within 120 days after the end of the fiscal year for which the report and statement are made if the Legislative Assembly is then sitting, or within 15 days after the opening of the following session.

17 — Money received by the council

17 Despite the Financial Administration Act, section 14 (1) of the Financial Administration Act does not apply to the council, its officers or its employees for the purposes of this Act.

18 — Power to make regulations

18 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.