Section 1 definition of "council" BEFORE amended by 2003-7-52(a), effective March 12, 2003 (Royal Assent).
"council" means the Science Council of British Columbia continued under this Act;
Section 1 definition of "former Act" BEFORE amended by 2003-7-52(b), effective March 12, 2003 (Royal Assent).
"former Act" means the Science Council Act repealed by this Act;
Section 1 definition of "council" BEFORE re-enacted by 2006-15-19, effective March 30, 2006 (Royal Assent).
"council" means the Innovation and Science Council of British Columbia continued under this Act;
Section 1 definition of "former Act" BEFORE repealed by 2006-15-19, effective March 30, 2006 (Royal Assent).
"former Act" means the Science Council Act, R.S.B.C. 1979, c. 379;
Section 1 definition of "council" BEFORE repealed by 2018-2-2(b), effective March 15, 2018 (Royal Assent).
"council" means the British Columbia Innovation Council continued under this Act;
Section 1 definition of "president" BEFORE amended by 2018-2-2(c), effective March 15, 2018 (Royal Assent).
"president" means the president of the council.
Section 2 (1) BEFORE amended by 2003-7-53, effective March 12, 2003 (Royal Assent).
(1) The Science Council of British Columbia is continued consisting of
(a) 15 directors appointed by the Lieutenant Governor in Council for a term of not more than 3 years, and
(b) the president.
Section 2 (1) BEFORE amended by 2006-15-20, effective March 30, 2006 (Royal Assent).
(1) The Innovation and Science Council of British Columbia is continued consisting of
(a) no more than 15 directors appointed by the Lieutenant Governor in Council for a term not exceeding 3 years, and
(b) the president.
Section 2 (1) (part) BEFORE amended by 2018-2-3, effective March 15, 2018 (Royal Assent).
(1) The British Columbia Innovation Council is continued consisting of
Section 3 (a) BEFORE amended by 2003-7-54, effective March 12, 2003 (Royal Assent).
(a) encourage development and application of advanced technology to meet the needs of industry in British Columbia including the implementation, administration and funding of programs and the organization and management of projects and initiatives that serve to further the objectives set out in this section;
Section 3 (d) and (f) BEFORE amended by 2018-2-5(b), effective March 15, 2018 (Royal Assent).
(d) advise the government on implementation of science policy;
(f) facilitate discussions on science policy with Canada or a province or with an interested person;
Section 5 BEFORE amended by 2018-2-6, effective March 15, 2018 (Royal Assent).
Reimbursement and remuneration of directors of council
5 Each director of the council must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of duties under this Act and may be paid remuneration for services that the Lieutenant Governor in Council orders.
Section 6 (1) BEFORE amended by 2018-2-4, effective March 15, 2018 (Royal Assent).
(1) The council must appoint the president and determine the remuneration and other terms and conditions of employment of the president.
Section 6 (2) BEFORE amended by 2018-2-4 and 2018-2-7, effective March 15, 2018 (Royal Assent).
(2) The council is responsible for the administration of the council's business.
Section 6 (3), (4), (5) and (6) BEFORE amended by 2018-2-4, effective March 15, 2018 (Royal Assent).
(a) appoint or employ officers and other employees the council considers necessary to carry on its business and operations,
(b) define the duties of these officers and other employees and, subject to the regulations, determine their remuneration and other terms and conditions of their employment, and
(c) provide a system of organization to carry out the business of the council.
(4) The council may delegate to the president a power or responsibility described by subsection (3).
(5) The officers and employees appointed or employed under this section are officers and employees of the council during the term of their appointment or employment.
(6) Subject to this Act, the Public Service Act and the Public Service Labour Relations Act do not apply to the officers and employees of the council.
Section 7 BEFORE amended by 2006-15-21, effective March 30, 2006 (Royal Assent).
7 If immediately before appointment or employment under section 6 (3) an officer or employee of the council had been confirmed in employment under section 6 of the former Act or under the Public Service Act, the officer or employee is entitled to all accrued superannuation or pension plan benefits in respect of that employment and to full credit for contributions made by the officer or employee or attributable to the former employer on behalf of the officer or employee in respect of that employment.
Section 7 BEFORE amended by 2018-2-6, effective March 15, 2018 (Royal Assent).
Transfer of public service or secretariat employees to the council
7 If immediately before appointment or employment under section 6 (3) an officer or employee of the council had been confirmed in employment under section 6 of the Science Council Act, R.S.B.C. 1979, c. 379, or under the Public Service Act, the officer or employee is entitled to all accrued superannuation or pension plan benefits in respect of that employment and to full credit for contributions made by the officer or employee or attributable to the former employer on behalf of the officer or employee in respect of that employment.
Section 8 (a) BEFORE amended by 2003-7-55, effective March 12, 2003 (Royal Assent).
(a) by the secretariat under the former enactment, or
Section 8 BEFORE re-enacted by 2006-15-22, effective March 30, 2006 (Royal Assent).
Public service seniority
8 An officer or employee of the council who elects or has elected to be a public service employee under the Public Service Act, within 12 months after appointment or employment
(a) by the secretariat under the former Act, or
(b) if paragraph (a) does not apply, by the council,
retains service seniority in the public service for the period of office or employment with the council.
Section 8 BEFORE amended by 2018-2-4, effective March 15, 2018 (Royal Assent).
Public service seniority
8 An officer or employee of the council who elects or has elected to be a public service employee under the Public Service Act, within 12 months after appointment or employment by the council, retains service seniority in the public service for the period of office or employment with the council.
Section 10 (6) BEFORE amended by 2002-33-19, effective February 28, 2003 (BC Reg 34/2003).
(6) The council may invest money in its hands in an investment in which section 15 of the Trustee Act authorizes a trustee to invest.
Section 10 (1) BEFORE amended by 2018-2-4, effective March 15, 2018 (Royal Assent).
(1) Subject to the regulations, the council may
(a) purchase material and equipment and maintain premises required by the council,
(b) regulate its own affairs and its practices and procedures, and
Section 10 (2) BEFORE amended by 2018-2-4 and 2018-2-7, effective March 15, 2018 (Royal Assent).
(2) Subject to the regulations, and if authorized by the council, the president or other officer may act on the council's behalf for the purposes of subsection (1) (a) and (c) and of subsection (3) (a).
Section 10 (3) BEFORE amended by 2018-2-4, effective March 15, 2018 (Royal Assent).
(3) Despite any enactment but subject to the regulations, the council may, on its own behalf,
(a) engage or retain such persons as it considers necessary as consultants, experts or specialists and set their remuneration, and
(b) in addition to money appropriated for the purposes of the council by the Legislature, acquire money from any other lawful source and disburse, expend or otherwise deal with the money for the purposes of this Act.
Section 10 (4) BEFORE amended by 2018-2-4 and 2018-2-7, effective March 15, 2018 (Royal Assent).
(4) Canadian or other rights to or in respect of a discovery, invention or improvement in an art, process, apparatus, machine, manufacture or composition of matter may be
(a) acquired in the council's own name, or
(b) licensed, sold or otherwise granted or made available to others by the council.
Section 10 (5) and (6) BEFORE amended by 2018-2-4, effective March 15, 2018 (Royal Assent).
(5) The council may pay or receive royalties, fees or other payments for rights described in subsection (4).
(6) The council may invest money in its hands as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.
Section 11 BEFORE amended by 2018-2-4 and 2018-2-7, effective March 15, 2018 (Royal Assent).
Execution of documents by council
11 A document required to be in writing, and to which the council is a party, is deemed to be properly executed if the affixing of the council's name is witnessed by
(a) the signatures of the chair of the council and one other director of the council authorized by the council, or
(b) the signature of the president if authorized by the council.
Section 13 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) An action for damages because of anything done or omitted to be done in good faith under this Act or the regulations must not be brought against a director, officer or employee of the council
Section 13 BEFORE amended by 2018-2-4 and 2018-2-7, effective March 15, 2018 (Royal Assent).
Immunities
13 (1) An action for damages because of anything done or omitted to be done in good faith under this Act must not be brought against a director, officer or employee of the council
(a) in the performance or intended performance of any duty, or
(b) in the exercise or intended exercise of any power.
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission of
(b) a director, officer or employee of the council, or
(c) a person who is subject to the direction of the council,
for which act or omission the government would be vicariously liable if this section were not in force.
(3) Subsection (1) does not absolve the council from vicarious liability for an act or omission of a person who is subject to the council's direction for which act or omission the council would be vicariously liable if this section were not in force.
Section 16 (4) BEFORE amended by 2003-70-187, effective March 29, 2004 (BC Reg 64/2004).
(4) The accounts of the council must, at least once in every year, be audited and reported on by an auditor described by section 180 of the Company Act.
Section 16 (1) and (3) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
16 (1) The council must establish and maintain an accounting system satisfactory to the Minister of Finance and Corporate Relations and must, whenever required by that minister, render detailed accounts of its revenues and expenditures for such period or to such day as that minister may designate.
(3) The Minister of Finance and Corporate Relations may direct the Comptroller General to examine and report to the Minister of Finance and Corporate Relations on any or all of the financial and accounting operations of the council.
Section 16 (4) BEFORE amended by 2012-12-109, effective May 14, 2012 (Royal Assent).
(4) The accounts of the council must, at least once in every year, be audited and reported on by a person authorized to be an auditor of a company under section 205 of the Business Corporations Act.
Section 16 BEFORE amended by 2018-2-4, effective March 15, 2018 (Royal Assent).
Financial administration
16 (1) The council must establish and maintain an accounting system satisfactory to the Minister of Finance and must, whenever required by that minister, render detailed accounts of its revenues and expenditures for such period or to such day as that minister may designate.
(2) Records of the council must at all times be open for inspection by the minister or such other person as the minister may designate.
(3) The Minister of Finance may direct the Comptroller General to examine and report to the Minister of Finance on any or all of the financial and accounting operations of the council.
(4) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the council, the council must appoint a person authorized to be an auditor of a company under section 205 of the Business Corporations Act to audit and report on the accounts of the council at least once each year.
(5) The council must, within 90 days of the fiscal year end, submit annually to the minister in a form approved by the minister
(a) a report of the council on its operations for the preceding fiscal year,
(b) a financial statement showing the assets and liabilities of the council as of the end of the preceding fiscal year, and
(c) the annual report of the auditor of the council.
(6) The report and financial statement referred to in subsection (5) must be laid before the Legislative Assembly within 120 days after the end of the fiscal year for which the report and statement are made if the Legislative Assembly is then sitting, or within 15 days after the opening of the following session.