Budget Implementation Act, 1998

Marginal note:Terms of members

• 13 (1) Subject to subsection (2), the members shall be appointed to hold office for terms of five years, but they may be removed from office by a special resolution of the members and, except if they cease to be members under subsection (5), they shall continue to hold office until their successors are appointed.

• Marginal note:Terms of first members

  (2) Of the members appointed under subsections 12(2) and (4), one-third shall be appointed for terms of six years, one-third shall be appointed for five years and one-third shall be appointed for four years but, except if they cease to be members under subsection (5), they shall continue to hold office until their successors are appointed.

• Marginal note:Additional terms of office

  (3) A member is eligible to be reappointed for one or more terms of office. If a member appointed under subsection 12(2) or (4) is reappointed, the new term of office shall be five years.

• Marginal note:Replacements

  (4) A person appointed to fill a vacancy in the office of a member who has ceased to hold the office before the expiry of the member’s term of office shall be appointed to hold office for the unexpired portion of that term.

• Marginal note:Ceasing to be member

  (5) A member ceases to be a member when the member

  • (a) dies;

  • (b) resigns;

  • (c) is appointed to the Senate;

  • (d) is elected to the House of Commons or to the legislature of a province;

  • (e) is appointed a director;

  • (f) becomes an employee or agent of Her Majesty in right of Canada or a province;

  • (g) ceases to reside in Canada;

  • (h) no longer meets the qualifications set out in subsection 105(1) of the Canada Business Corporations Act; or

  • (i) is removed from office by a special resolution of the members.