Contents
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1Short title#
This Act may be cited as the Canadian Space Agency Act.
Interpretation
2Definitions#
In this Act,
Board [Repealed, 2010, c. 12, s. 1712]
Executive Vice-President [Repealed, 2010, c. 12, s. 1712]
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Establishment of Agency
Objects and Functions
4Objects#
The objects of the Agency are to promote the peaceful use and development of space, to advance the knowledge of space through science and to ensure that space science and technology provide social and economic benefits for Canadians.
5Matters concerning space#
(2)In carrying out its objects, the Agency shall
(a)assist the Minister to coordinate the space policies and programs of the Government of Canada;
(b)plan, direct, manage and implement programs and projects relating to scientific or industrial space research and development and the application of space technology;
(c)promote the transfer and diffusion of space technology to and throughout Canadian industry;
(d)encourage commercial exploitation of space capabilities, technology, facilities and systems; and
(e)perform such other functions as the Governor in Council may, by order, assign.
(3)In carrying out its objects, the Agency may
(a)construct, acquire, manage, maintain and operate space research and development vehicles, facilities and systems;
(b)assist departments, boards and agencies of the Government of Canada to use and to market space technology;
(c)make grants and contributions in support of programs or projects relating to scientific or industrial space research and development and the application of space technology, including projects designed to develop, test, evaluate or apply new or improved processes, products, systems or information relating to space science and technology with a view to determining the commercial potential of that science and technology, but not including any programs or projects relating solely to the commercial exploitation of space science or technology;
(d)cooperate with the space and space-related agencies of other countries in the peaceful use and development of space;
(e)provide services and facilities to any person;
(f)license, sell or otherwise make available any patent, copyright, industrial design, trademark, trade secret or other like property right controlled or administered by the Minister;
(g)enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the Agency;
(h)acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of any such money, securities or property subject to the terms, if any, on which the gift or bequest was made;
(i)administer any loans or guarantees made by the Minister pursuant to section 9; and
(j)do all such things as are necessary or incidental to the attainment of the objects of the Agency.
(4)In exercising its powers and performing its duties and functions under this Act, the Agency shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.
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Powers, Duties and Functions of the Minister
6Coordination of space policies and programs#
In furtherance of the objects referred to in section 4, the Minister shall coordinate the space policies and programs of the Government of Canada.
9Loans and guarantees#
(a)make loans to any person with respect to the commercial exploitation of space science and technology; and
(b)guarantee the repayment of any portion of the principal and interest owing on any loan made by any person in respect of the commercial exploitation of space science and technology.
10Fees or charges#
(1)With the approval of the Governor in Council and subject to such terms and conditions as the Governor in Council may specify, the Minister may, by order, prescribe the fee or charge, or the manner of determining the fee or charge, to be paid by a person or a person of a class of persons
(a)to whom the Agency provides any services or facilities; or
(2)The Governor in Council may, by order, prescribe the interest, or the manner of determining the interest, to be paid on any overdue fee or charge prescribed or determined in a manner prescribed pursuant to subsection (1).
(3)Subject to subsection (4), the Agency shall impose the fees or charges, including interest on overdue fees or charges, prescribed or determined in a manner prescribed pursuant to subsection (1) or (2).
(4)With the approval of the Governor in Council, the Minister may, by order, waive or reduce any fee, charge or interest that would otherwise be imposed under this section.
(6)All fees, charges and interest imposed under this section are debts due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction.
(7)An order made under this section that applies to or in respect of only one person or body shall be deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.
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11Delegation#
Any power, duty or function of the Minister under this Act, other than the power to make orders under section 10 and to authorize under this section, may be exercised or performed by any officer or employee of the Agency authorized by the Minister to do so and, if so exercised or performed, shall be deemed to have been exercised or performed by the Minister.
Organization of Agency
15Remuneration#
The President shall be paid any remuneration that may be fixed by the Governor in Council.note
16Employees#
(1)Such employees as are necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.
(3)The Federal Public Sector Labour Relations Act does not apply to any person employed in the Agency pursuant to subsection (2).
(4)Each person employed in the Agency pursuant to subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act, and to be employed in the public service for the purposes of the Public Service Superannuation Act.
18Contracts binding on Her Majesty#
(2)Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.
Annual Report
23Annual report#
The President shall, within four months after the end of each fiscal year, submit an annual report on the operations of the Agency in that year to the Minister, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.
Consequential Amendments
Transitional
28Deemed appointment#
(1)Where a position in the public service of Canada is transferred to the Agency within ninety days after the day on which this Act comes into force, the incumbent of the position continues in the position in the Agency, unless the incumbent otherwise elects prior to the transfer, and any person so continuing is deemed to have been appointed to the Agency in accordance with subsection 16(1).
(2)Notwithstanding subsection (1) and section 28 of the Public Service Employment Act, no person deemed by that subsection to have been appointed is subject to probation, unless the person was subject to probation immediately before the appointment, and any person who was so subject to probation continues to be subject thereto only for so long as would have been the case but for this section.
Coming into Force
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.