An Act to establish the Cape Breton Development CorporationCape Breton Development Corporation ActCape Breton Development Corporation20196
22
C-25Short Title
Short titleThis Act may be cited as the Cape Breton Development Corporation Act.R.S., c. C-13, s. 1
Interpretation
DefinitionsIn this Act,Board means the Board of Directors of the Corporation; (conseil)Chairman[Repealed, 2000, c. 23, s. 6]Chairperson means the Chairperson of the Board; (Version anglaise seulement)Coal Division[Repealed, 2000, c. 23, s. 6]companies[Repealed, 2000, c. 23, s. 6]Corporation means the Cape Breton Development Corporation established by section 3; (Société)Industrial Development Division[Repealed, R.S., 1985, c. 41 (4th Supp.), s. 46]Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the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)President means the President of the Corporation. (président)R.S., 1985, c. C-25, s. 2; R.S., 1985, c. 41 (4th Supp.), s. 46; 2000, c. 23, s. 6
Corporation Established
Corporation establishedA corporation is hereby established to be called the Cape Breton Development Corporation, consisting of a Board of Directors comprised of a Chairperson, a President and a maximum of five other directors to be appointed in the manner provided in section 4.R.S., 1985, c. C-25, s. 3; 2000, c. 23, s. 7
Appointment of Chairperson and PresidentThe Chairperson and the President shall each be appointed by the Governor in Council to hold office during pleasure for the term that the Governor in Council considers appropriate.Appointment of directorsEach director, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years.Re-appointmentThe President is eligible for re-appointment on the expiration of the President’s term of office, but any other director who has served two consecutive terms is not, during the twelve months following the completion of that director’s second term, eligible for appointment except as President.R.S., 1985, c. C-25, s. 4; R.S., 1985, c. 1 (4th Supp.), s. 44(E); 2000, c. 23, s. 8; 2006, c. 9, s. 245
Chairperson to preside at meetingsThe Chairperson shall preside at meetings of the Board but in the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the President shall preside at those meetings.R.S., 1985, c. C-25, s. 5; 2000, c. 23, s. 9(E)
Management vested in PresidentThe President is the chief executive officer of the Corporation and has on behalf of the Board the direction and control of the business of the Corporation with authority to act in the conduct of the business of the Corporation in all matters that are not by this Act or by the by-laws of the Corporation specifically reserved to be done by the Board.Absence or incapacity of PresidentIn the event of the absence or incapacity of the President, or if the office of President is vacant, the Board shall authorize an officer or a director of the Corporation to act as the President for the time being, but no person so authorized by the Board has authority to act as President for a period exceeding sixty days without the approval of the Governor in Council.R.S., c. C-13, s. 6
Salaries and feesThe President shall be paid by the Corporation a salary to be fixed by the Governor in Council and the Chairperson and the other directors other than the President shall be paid by the Corporation the fees for attendances at meetings of the Board or any committee that are fixed by the Governor in Council.ExpensesEach director is entitled to be paid by the Corporation such travel and living expenses incurred in the performance of his duties as are fixed by by-law of the Corporation.R.S., 1985, c. C-25, s. 7; 2000, c. 23, s. 10(E)
Organization and Staff
StaffThe Corporation may employ the officers, employees and technical and professional advisers that it considers necessary for the proper conduct of its activities.Remuneration and terms and conditions of employmentThe persons employed pursuant to subsection (1) shall be paid by the Corporation the remuneration that is fixed or provided for by the Board and shall be employed on the terms and conditions that are fixed or provided for by by-law of the Corporation.R.S., 1985, c. C-25, s. 8; R.S., 1985, c. 41 (4th Supp.), s. 47; 2000, c. 23, s. 11
[Repealed, 2000, c. 23, s. 11]
Objects and Powers
ObjectsThe objects of the Corporation are to conduct coal mining and related operations in the Sydney coal-field on a basis that is consistent with efficient mining practice and good mine safety.R.S., 1985, c. C-25, s. 15; 2000, c. 23, s. 12
PowersIn carrying out its objects, the Corporation mayrehabilitate, improve, open, operate and maintain any coal mines or related fixtures, machinery, equipment or property of any other nature acquired by the Corporation;enter into contracts with any person or persons within or outside Canada or with Her Majesty in right of Canada or any province or any agent of Her Majesty in right of Canada or any province relating to the production of coal by the Corporation or to the marketing and shipping of coal acquired by or produced by the Corporation; anddo all other things that the Corporation considers incidental or conducive to the attainment of its objects.R.S., 1985, c. C-25, s. 16; 2000, c. 23, s. 12
[Repealed, 2000, c. 23, s. 12]
Pension arrangementsThe Corporation shall by by-law provide for the establishment, management and administration of pension arrangements for the benefit of persons, and dependants of persons, employed by the Corporation in connection with the coal mining and related works and undertakings operated or carried on by the Corporation, for the contributions to the pension funds to be made by the Corporation, and for the investment of the pension fund moneys.R.S., 1985, c. C-25, s. 18; 2000, c. 23, s. 13
Financial Provisions
Advances to Corporation for working capitalThe Minister of Finance may, out of the Consolidated Revenue Fund, on the requisition of the Corporation and the Minister, authorize advances from time to time to the Corporation, on the terms that may be agreed on, for working capital for the Corporation, but the total amount of advances outstanding at any time under this section shall not exceed $50,000,000 or any other amount that may be established by an appropriation Act or other Act of Parliament.R.S., 1985, c. C-25, s. 19; R.S., 1985, c. 13 (4th Supp.), s. 1; 2000, c. 23, s. 13
[Repealed, 2000, c. 23, s. 13]
[Repealed, R.S., 1985, c. 41 (4th Supp.), s. 48]
[Repealed, 2000, c. 23, s. 14]
General
Head office and meetingsThe head office of the Corporation shall be on the Island of Cape Breton, Nova Scotia, but meetings of the Board may be held in any place in Canada that the directors may decide.R.S., 1985, c. C-25, s. 27; 2000, c. 23, s. 14
By-lawsThe Board may make by-lawsrespecting the calling of meetings of the Board;respecting the conduct of business at meetings of the Board and the establishment of committees thereof, the delegation of duties to the committees and the fixing of quorums for meetings of the Board and committees thereof;fixing the travel and living expenses to be paid to directors;respecting the duties and conduct of the directors, officers and employees of the Corporation and the terms and conditions of employment of officers and employees of the Corporation;respecting the establishment, management and administration of a pension fund for the President, the officers and employees of the Corporation and the dependants of those persons, the contributions to the pension fund to be made by the Corporation and the investment of the pension fund moneys; andgenerally for the conduct and management of the affairs of the Corporation.R.S., 1985, c. C-25, s. 28; 2000, c. 23, s. 15
Agent of Her MajestyExcept as provided in subsection 30(1), the Corporation is, for all purposes of this Act, an agent of Her Majesty in right of Canada.R.S., c. C-13, s. 29; 1984, c. 31, s. 14
Persons employed not servants of Her MajestyPersons employed by the Corporation pursuant to subsection 8(1) are not officers or servants of Her Majesty.Application of Flying Accidents Compensation OrderFor the purpose of any regulation made pursuant to section 9 of the Aeronautics Act, the officers and employees of the Corporation shall be deemed to be employees in the federal public administration.R.S., 1985, c. C-25, s. 30; 2000, c. 23, s. 16; 2003, c. 22, s. 224(E)
Payments in lieu of taxesThe Corporation may make grants in lieu of taxes to any municipality on the Island of Cape Breton not exceeding the taxes that might be levied by the municipality on the Corporation if the Corporation were not an agent of Her Majesty.R.S., c. C-13, s. 31; 1976-77, c. 10, s. 46; 1977-78, c. 21, s. 1; 1984, c. 31, s. 14
General expendituresAll expenditures of the Corporation for the payment of which no other provision is made by this Act shall be paid out of moneys appropriated by Parliament therefor.R.S., c. C-13, s. 32
Repeal
Repeal — Order in CouncilThis Act or any of its provisions is repealed on a day or days to be fixed by order of the Governor in Council.R.S., 1985, c. C-25, s. 33; R.S., 1985, c. 41 (4th Supp.), s. 50; 2000, c. 23, s. 17
[Repealed, 2000, c. 23, s. 17]
RELATED PROVISIONS — R.S., 1985, c. 41 (4th Supp.), s. 44
ContinuationThe Cape Breton Development Corporation Act and sections 27 to 43 of this Part shall be construed as if the Industrial Development Division of the Cape Breton Development Corporation were a separate corporation, in this section referred to as the “continued corporation”, continued as the Enterprise Cape Breton Corporation, in this section referred to as the “new corporation”, established by section 27 of this Part.Directors and officersFor the purposes of this section, the members of the Board of Directors of the continued corporation shall be deemed to have resigned immediately before the corporation was continued, and the President of the Cape Breton Development Corporation shall be deemed not to have been an officer or director of the continued corporation.By-lawsThe by-laws of the Cape Breton Development Corporation that are in force on the coming into force of this section shall, to the extent they are applicable, be deemed to have been the by-laws of the continued corporation but those by-laws shall cease to have effect as the by-laws of the new corporation sixty days after the coming into force of this section.DirectionsThe President of the Treasury Board, the Minister and the minister responsible for Cape Breton Development Corporation may, by order, give such directions as they deem necessary to give effect to the intent of this section, and any such directions have the force of law.Transfer of propertyFor greater certainty, the administration and control of all property that, on the coming into force of this section, is held by or leased to the Cape Breton Development Corporation for the use or benefit of the continued corporation are transferred to the new corporation.Certain provisions not to applySections 90, 91 and 99 of the Financial Administration Act do not apply in respect of any transfer of assets, including shares, from the Cape Breton Development Corporation to the new corporation under or pursuant to this Part, and section 91 of that Act does not apply in respect of any acquisition by the new corporation of those assets.