Physical Activity and Sport Act (S.C. 2003, c. 2)

Marginal note:Powers

• 11. (1) In carrying out its mission, the Centre has the capacity and powers of a natural person, including the power to

  • (a) use any funds that may be provided to it, subject to any terms on which the funds are provided;

  • (b) enter into contracts or agreements in its own name;

  • (c) conduct studies with respect to the exercise of its powers; and

  • (d) do any other things that are conducive to the fulfilment of its mission and the exercise of its powers.

• Marginal note:Restrictions

  (2) Despite subsection (1), the Centre

  • (a) may not acquire or construct real property or immovables for valuable consideration, other than those required for its head office;

  • (b) shall expressly state in its contracts and agreements that it is entering into the contract or agreement on its own behalf;

  • (c) may not procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the Centre; and

  • (d) may not acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the Centre.

Marginal note:Role

12. The affairs and business of the Centre shall be managed by a board of directors, and for that purpose the board may exercise all the powers of the Centre.

Marginal note:Composition

• 13. (1) The board of directors consists of not more than 12 directors, including the chairperson, and the executive director of the Centre who does not have a right to vote.

• Marginal note:Non-application of provisions

  (2) Sections 14, 16 and 18 do not apply to the executive director.

Marginal note:Appointment

• 14. (1) The directors shall be appointed by the Minister to hold office during good behaviour for any term of not more than three years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors. A director may be appointed to not more than two consecutive terms and may be removed by the Minister for cause.

• Marginal note:Appointment criteria

  (2) The directors shall be chosen in accordance with guidelines that are established by the Minister in consultation with the sport community.

• Marginal note:Guidelines

  (3) The guidelines shall provide for a board of directors that

  • (a) is composed of men and women committed to the promotion and development of sport who have the experience or capacity to enable the Centre to achieve its mission; and

  • (b) is representative of the sport community and of the diversity and bilingual character of Canadian society.

• Marginal note:Statutory Instruments Act does not apply

  (4) Guidelines referred to in subsection (3) are not statutory instruments for the purposes of the Statutory Instruments Act.