Contents
Short Title
1Short title#
This Act may be cited as the National Film Act.note
Interpretation
2Definitions#
In this Act,
Commissioner means the Government Film Commissioner appointed under section 16; (commissaire)
department means any department or board of the Government of Canada and any agent of Her Majesty in right of Canada; (département)
film activity means any activity in relation to the production, distribution, projection or exhibition of film; (activité filmique)
note
Responsibility of Minister
National Film Board
4National Film Board#
(a)the Commissioner, who shall be Chairperson, and six other members, to be appointed by the Governor in Council; and
(b)the executive director of Telefilm Canada.
(2)Each member of the Board, other than the Commissioner and the executive director of Telefilm Canada, holds office for three years, but may be removed for cause by the Governor in Council.
(3)A retiring member of the Board is eligible for re-appointment.
note
5Eligibility#
No person who has any pecuniary interest, direct or indirect, individually or as a shareholder or partner or otherwise, in commercial film activity is eligible for appointment to the Board.note
6Fees and expenses#
A member of the Board, other than the Commissioner, the executive director of Telefilm Canada or a member of the Board who is a member of the federal public administration, may be paid such fee for each meeting of the Board that the member attends as may be fixed by by-law of the Board, and the members of the Board are entitled to be paid actual travel and living expenses necessarily incurred in connection with the business of the Board.note
Purposes of the Board
9Purposes for which Board established#
The Board is established to initiate and promote the production and distribution of films in the national interest and, in particular,
(a)to produce and distribute and to promote the production and distribution of films designed to interpret Canada to Canadians and to other nations;
(b)to represent the Government of Canada in its relations with persons engaged in commercial motion picture film activity in connection with motion picture films for the Government or any department thereof;
(c)to engage in research in film activity and to make available the results thereof to persons engaged in the production of films;
(d)to advise the Governor in Council in connection with film activities; and
(e)to discharge such other duties relating to film activity as the Governor in Council may direct the Board to undertake.
note
Powers of Board
10Powers of Board#
(1)Subject to the direction and control of the Minister, the Board may, for the purposes for which it is established,
(a)make, project, exhibit or distribute or cause to be made, projected, exhibited or distributed films in Canada or elsewhere on behalf of the Board or on behalf of other departments or persons;
(c)acquire personal property and movable property in the name of the Board;
(d)enter into contracts in the name of the Board, including contracts for personal services;
(f)acquire in the name of the Board copyrights in any literary, musical or artistic works, plays, songs, recordings or films;
(g)acquire in the name of the Board and use any patent or patent rights, licences or concessions;
(h)make arrangements or agreements with any person or organization for the use of any rights, privileges or concessions; and
(i)do such other acts and things as are necessary for or incidental to the purposes for which the Board is established.
(2)Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board 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 Board in the name of the Board in any court that would have jurisdiction if the Board were a corporation that is not an agent of Her Majesty.
note
13Plan of organization#
(1)The Board may, with the approval of the Treasury Board obtained on the recommendation of the Minister, formulate a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Board and the establishment of rates of compensation for each class of position, having regard to the rates of compensation and conditions of employment for comparable positions outside the federal public administration and in other branches of the federal public administration.
(3)Subject to the plan of organization approved under this section, the Board may appoint persons for a term or during pleasure to fill the positions established by the plan, prescribe their conditions of employment and provide for their promotion, salary and salary increases, but the provisions of the Public Service Employment Act relating to political activities and, where applicable, the condition of employment relating to payment of gratuity on death pursuant to the Financial Administration Act apply to the persons appointed under this section.
(4)[Repealed, 2002, c. 17, s. 21] (repealed)
note
Government Film Commissioner
16Appointment and salary#
(1)There shall be a Government Film Commissioner who shall be appointed by the Governor in Council on the recommendation of the Board and paid such salary as the Governor in Council may determine.
(2)The Commissioner shall be appointed to hold office for a period not exceeding five years but may be removed from office for cause by the Governor in Council on the recommendation of the Board.
(3)On the expiration of the Commissioner’s term of office, the Commissioner is eligible to be re-appointed as Commissioner.
(4)If the Commissioner is absent or unable to carry out the Commissioner’s duties for any reason or the office of Commissioner is vacant, the Board may, subject to the approval of the Minister, appoint an acting Commissioner.
note
Financial Provisions
19Financial Administration Act#
Except as otherwise provided in this Act, the Financial Administration Act applies in respect of operations under this Act.note
Reports
Oath of Office and Secrecy (Section 14)
I, , solemnly and sincerely swear that I will faithfully and honestly fulfil the duties which devolve on me by reason of my employment with the National Film Board and that I will not, without due authority in that behalf, disclose or make known any matter which comes to my knowledge by reason of such employment. So help me God.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.