Telefilm Canada Act
R.S.C., 1985, c. C-16
An Act establishing Telefilm Canada
Short Title
Marginal note:Short title
1 This Act may be cited as the Telefilm Canada Act.
- R.S., 1985, c. C-16, s. 1
- 2002, c. 17, s. 6
Interpretation
Marginal note:Definitions
2 In this Act,
Canadian feature film and Canadian feature film production
long métrage canadien
Canadian feature film and Canadian feature film production have the meanings assigned by subsection 10(2); (long métrage canadien)
Corporation
Société
Corporation means Telefilm Canada, established by section 3; (Société)
film activity
activité cinématographique
film activity means any activity relating to the production, distribution, projection or exhibition of films; (activité cinématographique)
film-maker
cinéaste
film-maker means a person creatively engaged in film production; (cinéaste)
film production
production d’un film
film production means the creative, artistic and technical process of producing a film; (production d’un film)
film technician
technicien de cinéma
film technician means a person engaged in the technical or administrative aspects of film production; (technicien de cinéma)
Minister
ministre
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)
- R.S., 1985, c. C-16, s. 2
- 2002, c. 17, s. 7
Constitution of Telefilm Canada
Marginal note:Corporation established
3 There is hereby established a corporation, to be known as Telefilm Canada, consisting of six members to be appointed by the Governor in Council as provided in section 4 and the Government Film Commissioner appointed under the National Film Act.
- R.S., 1985, c. C-16, s. 3
- 2002, c. 17, s. 8
Marginal note:Appointment and tenure of office of members
4 (1) Each of the members of the Corporation, other than the Government Film Commissioner, shall be appointed to hold office for a term of five years, except that, of those members first appointed, three shall be appointed for a term of three years and three shall be appointed for a term of five years.
Marginal note:Chairperson
(2) The Governor in Council shall designate one of the members of the Corporation to serve as chairperson of the Corporation during pleasure and the chairperson may receive a yearly honorarium to be determined by the Governor in Council.
Marginal note:Eligibility for re-appointment
(3) A retiring member of the Corporation is eligible for re-appointment.
Marginal note:Filling vacancy
(4) When a member of the Corporation ceases to be a member before the end of the term for which he was appointed, the Governor in Council shall appoint a person to be a member of the Corporation for the remainder of that term.
- R.S., 1985, c. C-16, s. 4
- 1995, c. 29, s. 20(E)
Marginal note:Eligibility for membership
5 No person who has, directly or indirectly and individually or as a shareholder, partner or otherwise, any pecuniary interest in commercial film activity is eligible to be appointed or to hold office as a member of the Corporation.
- R.S., c. C-8, s. 5
Marginal note:Remuneration and expenses
6 Each member of the Corporation, other than the Government Film Commissioner or other member of the public service of Canada, shall be paid such remuneration for each day that member of the Corporation attends any meeting thereof as may be fixed by by-law of the Corporation, and each member of the Corporation is entitled to be paid reasonable travel and living expenses incurred while absent from his ordinary place of residence in the course of his duties under this Act.
- R.S., c. C-8, s. 6
Marginal note:Quorum
7 A majority of the members of the Corporation constitutes a quorum for the transaction of the business of the Corporation.
- R.S., c. C-8, s. 7
Marginal note:Right to act not impaired by vacancy
8 A vacancy in the membership of the Corporation does not impair the right of the remaining members to act.
- R.S., c. C-8, s. 8
Marginal note:Vice-chairperson
9 The Corporation may designate one of its members to be vice-chairperson of the Corporation and the vice-chairperson shall, in the event of the absence or incapacity of the chairperson of the Corporation or if the office of chairperson is vacant, act as chairperson.
- R.S., 1985, c. C-16, s. 9
- 1995, c. 29, s. 20(E)
Objects, Powers and Duties
Marginal note:Objects and powers
10 (1) The objects of the Corporation are to foster and promote the development of a feature film industry in Canada and, without limiting the generality of the foregoing, the Corporation may, in furtherance of its objects,
(a) invest in individual Canadian feature film productions in return for a share in the proceeds from any such production;
(b) make loans to producers of individual Canadian feature film productions and charge interest thereon;
(c) make awards for outstanding accomplishments in the production of Canadian feature films;
(d) make grants to film-makers and film technicians resident in Canada to assist them in improving their craft; and
(e) advise and assist the producers of Canadian feature films in the distribution of those films and in the administrative functions of feature film production.
Marginal note:Loan guarantees
(1.1) The Corporation may, in accordance with terms and conditions approved by the Treasury Board and the Minister of Finance, guarantee loans for the production and distribution of films.
Marginal note:Canadian content, ownership, etc.
(2) For the purposes of this Act, a "Canadian feature film" or "Canadian feature film production" is a feature film or feature film production in respect of which the Corporation has determined
(a) that the completed film will, in the judgment of the Corporation, have a significant Canadian creative, artistic and technical content, and that arrangements have been made to ensure that the copyright in the completed film will be beneficially owned by an individual resident in Canada, by a corporation incorporated under the laws of Canada or a province or by any combination of owners described in this paragraph; or
(b) that provision has been made for the production of the film under a co-production agreement entered into between Canada and another country.
Marginal note:Corporation not a partner
(3) The Corporation shall not be regarded as a partner in any film production in which it may invest and its liability shall be limited to the amount of its investment in the production.
Marginal note:Consultation and cooperation
(4) The Corporation shall, to the greatest possible extent consistent with the performance of its duties under this Act, consult and cooperate with such departments, boards and agencies of the Government of Canada and the governments of the provinces as have any duties, or any aims or objects, related to those of the Corporation.
- R.S., 1985, c. C-16, s. 10
- 1994, c. 25, s. 1
Organization
Marginal note:Meetings
11 The members of the Corporation shall meet at such times and places as they deem necessary but shall meet at least six times a year.
- R.S., c. C-8, s. 11
Marginal note:Executive director
12 (1) The Governor in Council may, on the recommendation of the Corporation, appoint an executive director of the Corporation, who shall hold office during pleasure and shall be paid such salary as is fixed by the Governor in Council.
Marginal note:Functions of executive director
(2) The executive director is the chief executive officer of the Corporation, has supervision over and direction of the work and staff of the Corporation and may attend the meetings of the Corporation.
- R.S., 1985, c. C-16, s. 12
- 1995, c. 29, s. 19
Marginal note:By-laws
13 The Corporation may, subject to the approval of the Minister, make by-laws for the regulation of its proceedings and generally for the conduct and management of its activities.
- R.S., c. C-8, s. 13
Marginal note:Advisory Group
14 The Minister may, on the recommendation of the Corporation, appoint an Advisory Group, broadly representative of the professional associations, exhibitors, distributors and unions in the Canadian film industry and including other qualified persons, to advise the Corporation on matters that the Minister or the Corporation may refer to it.
- R.S., c. C-8, s. 14
Marginal note:Staff and special advisers
15 The Corporation may employ such officers and employees and such technical and professional advisers as it considers necessary for the proper conduct of its activities, at such remuneration and on such other terms and conditions as it deems fit.
- R.S., c. C-8, s. 15
Marginal note:No application of Public Service Superannuation Act to members
16 The Public Service Superannuation Act does not apply to the members of the Corporation as such.
- R.S., c. C-8, s. 16
Marginal note:Corporation agent of Her Majesty
17 (1) The Corporation is for all its purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty.
Marginal note:Contracts
(2) The Corporation may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in the name of the Corporation.
Marginal note:Property
(3) Property acquired by the Corporation is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Corporation.
Marginal note:Proceedings
(4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Corporation on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Corporation in the name of the Corporation in any court that would have jurisdiction if the Corporation were not an agent of Her Majesty.
- R.S., c. C-8, s. 17
Financial
Marginal note:Appropriation
18 There is hereby appropriated for the purposes of this Act the sum of twenty-five million dollars to be paid out of the Consolidated Revenue Fund from time to time as required pursuant to this Act.
- R.S., c. C-8, s. 18
- 1970-71-72, c. 58, Sch. (SS) vote 63a
- 1974-75-76, c. 74, Sch. (SS) vote 62a
Marginal note:Advance Account for corporation
19 (1) There shall be established in the accounts of Canada a special account to be known as the Telefilm Canada Advance Account.
Marginal note:Canadian Film Development Advance Account
(2) All amounts required for the purposes of paragraphs 10(1)(a) and (b) and subsection 10(1.1) shall be paid
(a) out of the amount appropriated by section 18, or
(b) out of amounts credited to the Telefilm Canada Advance Account under subsection (3),
and shall be charged to that Account.
Marginal note:Amounts to be credited to Account
(3) The Corporation shall pay to the Receiver General, to be deposited in the Consolidated Revenue Fund and credited to the Telefilm Canada Advance Account, all amounts received by the Corporation as or on account of
(a) proceeds from any production in which the Corporation has invested under paragraph 10(1)(a);
(b) the principal amount of or interest on any loan made by the Corporation under paragraph 10(1)(b); or
(c) fees charged by the Corporation in respect of loan guarantees provided under subsection 10(1.1).
- R.S., 1985, c. C-16, s. 19
- 1994, c. 25, s. 2
- 2002, c. 17, s. 9
Marginal note:Amounts to be charged to budgetary expenditures
20 All amounts required
(a) for the purposes of paragraphs 10(1)(c) to (e), and
(b) for the payment of salaries and other expenses, including expenses of administration, under this Act,
shall be paid out of the amount appropriated by section 18 and shall be charged to budgetary expenditures.
- R.S., c. C-8, s. 18
Marginal note:Repealed provisions continued in respect of Corporation
21 Part VIII of the Financial Administration Act, chapter F-10 of the Revised Statutes of Canada, 1970, as it read immediately before September 1, 1984, continues to apply in respect of the Corporation as if it had not been repealed and as if the Corporation continued to be named in Schedule C to that Act.
- 1984, c. 31, s. 14
Audit
Marginal note:Annual audit
22 The accounts and financial transactions of the Corporation shall be audited annually by the Auditor General of Canada, and a report of the audit shall be made to the Corporation and to the Minister.
- R.S., c. C-8, s. 19
- 1976-77, c. 34, s. 30(F)
Report to Parliament
Marginal note:Annual report
23 (1) The chairperson of the Corporation shall, within three months after the termination of each fiscal year, submit to the Minister a report in such form as the Minister may prescribe relating to the activities of the Corporation for that fiscal year, including the financial statement of the Corporation and the report of the Auditor General of Canada thereon.
Marginal note:Tabling report
(2) The Minister shall cause the report submitted under subsection (1) to be laid before Parliament within fifteen days after the receipt thereof by the Minister or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
- R.S., 1985, c. C-16, s. 23
- 1995, c. 29, s. 20(E)
- Date modified: