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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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1 In this Act:
"board" means the board of directors continued under section 2;
"director" means a director under section 2;
"foundation" means the British Columbia Health Research Foundation continued under section 2.
2 (1) The British Columbia Health Care Research Foundation is continued as a corporation under the name "British Columbia Health Research Foundation", with a board of directors consisting of
(a) the chair of the scientific advisory committee established under section 11, and
(b) at least 7 and not more than 14 persons appointed by the Lieutenant Governor in Council.
(2) The Lieutenant Governor in Council may designate a director to be chair of the board.
(3) The term of an appointment under subsection (1) (b) is 2 years.
(4) No person appointed under subsection (1) (b) may be a director for more than 6 consecutive years.
(5) Directors serve without remuneration, but the foundation must reimburse directors for reasonable expenses incurred in discharging their duties.
(6) A vacancy in the membership of the board does not impair the power of the remaining directors to act.
3 The foundation is for all purposes an agent of the government.
4 (1) The capital of the foundation is one share with a par value of $100.
(2) The share in the foundation must be
(a) issued to and registered in the name of the Minister of Finance and Corporate Relations, and
(b) held by the Minister of Finance and Corporate Relations on behalf of the government.
5 (1) The foundation has the following powers and duties:
(a) to assist and collaborate with persons and organizations conducting research in the health field, including the fields of health policy, health promotion and health care, in British Columbia and, without limiting those powers and duties, to assist
(i) basic research,
(ii) clinical research,
(iii) applied research,
(iv) service delivery research, and
(v) evaluation research
in the health field;
(b) to cooperate in research endeavours with community organizations concerned with the general health of communities in British Columbia;
(c) to assist and collaborate in research endeavours with organizations involved in the delivery of health related services in British Columbia;
(d) to develop, foster and encourage public knowledge and awareness of the foundation and the benefits to the people of British Columbia in connection with the foundation;
(e) to encourage, facilitate and carry out programs and activities that will directly or indirectly increase the financial support of, or confer a benefit on, the foundation for support of the relevant grant programs in which the foundation is involved;
(f) to receive, manage and invest funds and property of every nature and kind from any source for the establishment, operation and maintenance of the foundation and to further the purposes of the foundation.
(2) The foundation must do the following:
(a) study all matters referred to it by the minister and, if required by the minister, report its findings to the minister;
(b) award grants, scholarships and fellowships to encourage health research and retention of skilled personnel in British Columbia;
(c) make the awards under paragraph (b) and establish policies in accordance with priorities established by the minister.
(3) The foundation has the powers and capacity of a natural person of full capacity.
6 (1) Subject to the approval of the Lieutenant Governor in Council, the board may establish bylaws of the foundation that the board considers necessary or desirable.
(2) A bylaw providing for the conduct of board meetings or determining procedures to be followed by the board does not require the approval of the Lieutenant Governor in Council.
(3) By bylaw for the purposes of subsections (1) and (2), the board may delegate matters and create discretionary powers.
7 The board is not empowered to borrow money on behalf of the foundation.
8 Subject to a contrary intent expressed in a grant, gift, devise, bequest or trust,
(a) section 15 of the Trustee Act does not apply to investments made by the foundation, and
(b) the foundation may make investments that a prudent person would make.
9 (1) The board may determine by resolution the manner in which the funds and property available in each year are to be used and distributed and, in so determining, must be governed by the provisions of any grant, gift, devise, bequest or trust.
(2) If, in the opinion of the board, the directions, terms or trusts imposed by a grantor, donor, settlor, transferor or testator are no longer in the best interests of the foundation, the board may apply to a judge of the Supreme Court for an order authorizing a variation of the directions, terms or trusts that the court, having the intent of the grantor, donor, settlor, transferor or testator in mind, considers will best further both that intent and the best interests of the foundation.
(3) Sections 88 and 89 of the Trustee Act apply to the application referred to in subsection (2).
10 Sections 120 to 123 of the Company Act apply.
11 The board must appoint a scientific advisory committee to advise the board on all research projects.
12 (1) No action for damages because of anything done or omitted to be done in good faith
(a) in the performance or intended performance of any duty, or
(b) in the exercise or intended exercise of any power
under this Act or the regulations may be brought against a director, officer or employee of the foundation, member of a committee appointed by the board or person who is subject to the direction of the foundation.
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission of any of the following persons for which the government would be vicariously liable if this section were not in force:
(a) the foundation;
(b) a director, officer or employee of the foundation;
(c) a member of a committee appointed by the board;
(d) a person who is subject to the direction of the foundation.
(3) Subsection (1) does not absolve the foundation from vicarious liability for an act or omission of the persons referred to in subsection (2) (b) to (d) for which act or omission the foundation would be vicariously liable if this section were not in force.
13 Property vested in the foundation is exempt from taxation under the Local Government Act, the Vancouver Charter, the Taxation (Rural Area) Act and the School Act if the property is being used to further the purposes of the foundation.
14 The fiscal year end of the foundation is March 31.
15 The accounts of the foundation must be audited at least once a year by an auditor, appointed by the board, who is qualified to be the auditor of a reporting company under the Company Act.
16 (1) Within 90 days after the end of each fiscal year, the foundation must submit the following to the minister:
(a) a report of its operations during the preceding fiscal year;
(b) a financial statement showing the assets and liabilities of the foundation during the preceding fiscal year;
(c) the annual report of the auditor of the foundation.
(2) The reports and the financial statement referred to in subsection (1) must be laid before the Legislative Assembly within 120 days after the end of the fiscal year for which the reports and statement are made if the Legislative Assembly is then sitting, or within 15 days after the opening of the following session.
17 (1) Except as provided in section 10, the Company Act does not apply to the foundation.
(2) Despite subsection (1), the Lieutenant Governor in Council may order that some or all of the Company Act applies.
18 (1) The board may appoint the officers and employees it considers necessary to carry on the foundation's business and operations.
(2) By resolution, the board may determine the terms and conditions of employment of its officers and employees.
(3) The Public Service Act and the Public Service Labour Relations Act do not apply to the officers and employees of the foundation.
19 (1) The Public Service Benefit Plan Act applies to the officers and employees of the foundation.
(2) The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the foundation and its officers and employees.
20 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada