Marginal note:Application to court

• 45. (1) If a director of the Agency fails to disclose their interest in a material contract in accordance with section 43, a court may, on application of the Agency or on behalf of the Crown, set aside the contract on any terms that it thinks fit.

• Marginal note:Definition of “court”

  (2) In this section, “court” has the same meaning as in subsection 118(2) of the Financial Administration Act.

Marginal note:Power to indemnify

• 46. (1) The Agency may indemnify a present or former director of the Agency and the director’s heirs and legal representatives against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, that are reasonably incurred by the director in respect of any civil, criminal or administrative action or proceeding to which the director is a party by reason of being or having been a director, if the director

  • (a) acted honestly and in good faith, with a view to the best interests of the Agency having regard to its mandate; and

  • (b) in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed on reasonable grounds that the director’s conduct was lawful.

• Marginal note:Payable out of C.R.F.

  (2) An amount that is payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.

Marginal note:Corporate business plan

• 47. (1) The Agency must annually submit a corporate business plan to the Minister for recommendation to the Treasury Board for approval. The Treasury Board may approve the plan subject to any terms and conditions that it may specify.

• Marginal note:Contents of corporate business plan

  (2) The corporate business plan must cover any period that the Treasury Board may specify and include a statement, for that period, of

  • (a) the Agency’s objectives;

  • (b) the strategies that the Agency intends to use to achieve its objectives, including

    • (i) operational and financial strategies, and

    • (ii) human resource strategies and their impact on overall salaries and benefits;

  • (c) the Agency’s expected performance;

  • (d) the Agency’s operating and capital budgets, including grants and contributions and revenues from the conduct of the Agency’s operations; and

  • (e) any other strategic information that the Treasury Board may require.

• Marginal note:Form and manner of submission

  (3) The Agency must submit the corporate business plan in the form and manner and within the time specified by the Treasury Board and provide any further information that the Treasury Board may require in respect of it.