Canadian Race Relations Foundation Act (S.C. 1991, c. 8)

Marginal note:Disclosure of interest in contract

• 19 (1) A director or officer who

  • (a) is a party to a material contract or proposed material contract with the Foundation, or

  • (b) is a director or officer of, or has a material interest in, any person who is a party to a material contract or proposed material contract with the Foundation,

  shall disclose in writing to the Foundation the nature and extent of the interest of the director or officer.

• Marginal note:Disclosure by-laws

  (2) The Board shall make by-laws respecting

  • (a) the time when and the form and manner in which the disclosure required by subsection (1) shall be made; and

  • (b) the limitation on the participation of a director or officer who has made a disclosure as required by subsection (1) in any proceedings respecting the contract that is the subject of the disclosure.

Marginal note:Power to indemnify

• 20 (1) The Foundation may indemnify a present or former director or officer of the Foundation or any other person who acts or acted at its request as a director or officer of another corporation of which the Foundation is or was a shareholder or creditor, and the person’s heirs and legal representatives, against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by the person in respect of any civil, criminal or administrative action or proceeding to which the person is a party by reason of being or having been such a director or officer, if

  • (a) the person acted honestly and in good faith with a view to the best interests of the Foundation or other corporation; and

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

• Marginal note:Insurance

  (2) The Foundation may purchase and maintain insurance for the benefit of a director or officer, and the director’s or officer’s heirs and legal representatives, against any liability, cost, charge and expense incurred by the director or officer as described in subsection (1).

Financial Provisions

Marginal note:Registered charity

21 The Foundation shall be deemed, for the purposes of the Income Tax Act, to be a registered charity within the meaning of that Act.

Marginal note:Payment to Foundation

• 22 (1) There shall be paid to the Foundation out of the Consolidated Revenue Fund the sum of twenty-four million dollars, of which twelve million dollars shall be paid on behalf of the Japanese Canadian community in commemoration of members of that community who suffered injustices during and after World War II.

• Marginal note:Endowment Fund

  (2) The sum of twenty-four million dollars referred to in subsection (1) constitutes the capital of an Endowment Fund to be used only for investment and the earning of income, which income may be expended for the purpose of the Foundation.

23 [Repealed, 2010, c. 12, s. 1698]

Marginal note:Dissolution

24 If the Foundation is dissolved,

• (a) the capital of the Endowment Fund and any unexpended interest thereon, and

• (b) any of the Foundation’s other property that remains after the payment of the Foundation’s debts and liabilities, or after making adequate provision for their payment,

shall be transferred to the Government of Canada and any other government on a proportional basis having regard to their total contributions to the Foundation.

Marginal note:Financial year

• 25 (1) The financial year of the Foundation is the period beginning on April 1 in one year and ending on March 31 in the following year.

• (2) [Repealed, 2005, c. 30, s. 46]

Reports

Marginal note:Annual report

• 26 (1) Within four months after the end of each financial year of the Foundation, the Chairperson shall submit to the Minister a report of the activities of the Foundation during that year, including the financial statements of the Foundation and the auditor’s report thereon.

• Marginal note:Copies for public scrutiny

  (2) The Foundation shall make copies of the report referred to in subsection (1) available for public scrutiny at the principal office of the Foundation.

• Marginal note:Tabling in Parliament

  (3) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the day on which the Minister has received the report.

Marginal note:Review of Act

• 27 (1) As soon as possible after the fourth anniversary of the coming into force of this Act, the Minister, after consultation with the Board, shall evaluate and prepare a report on the Foundation’s activities and organization, including a statement of any changes that the Minister recommends.

• Marginal note:Tabling in Parliament

  (2) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the report has been completed.

Coming into Force

Marginal note:Coming into force

Footnote ^*28 This Act shall come into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force October 28, 1996, see SI/96-98.]