BILL NO. 21

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Private Member's Bill

Health Research Foundation Act

Maureen MacDonald
Halifax-Needham

First Reading: June 23, 1998

Second Reading:

Third Reading:

An Act to Establish
the Nova Scotia Health Research Foundation

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Health Research Foundation Act.

2 In this Act,

(a) "Board" means the Board of Directors of the Foundation;

(b) "director" means a member of the Board;

(c) "Foundation" means the Nova Scotia Health Research Foundation established pursuant to this Act;

(d) "Minister" means the Minister of Health.

3 (1) There is hereby established a foundation to be known as the Nova Scotia Health Research Foundation.

(2) The Board consists of

(a) the Chair of the Scientific Advisory Committee established pursuant to Section 8; and

(b) as least seven and not more than fourteen persons appointed by the Governor in Council.

(3) The Governor in Council shall designate a director to be the Chair of the Board.

(4) A director appointed pursuant to clause (2)(b) shall be appointed for a term of two years and, subject to subsection (5), may be re-appointed.

(5) No person appointed as a director pursuant to clause (2)(b) shall be a director for more than six consecutive years.

(6) A director is not entitled to remuneration but the Foundation may reimburse a director for reasonable travelling and living expenses incurred in discharging the duties of a director.

(7) A vacancy on the Board does not impair the ability of the remaining directors to act.

4 The Foundation has all the legal capacity of a natural person.

5 (1) The Foundation shall

(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 the retention of skilled personnel in the Province; and

(c) establish policies in accordance with priorities established by the Minister.

(2) The Foundation may

(a) 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 the Province and, without limiting the generality of the foregoing, assist

in the health field;

(b) co-operate in research endeavours with community organizations concerned with the general health of communities in the Province;

(c) assist and collaborate in research endeavours with organizations involved in the delivery of health-related services in the Province;

(d) develop, foster and encourage public knowledge and awareness of the Foundation and the benefits to the people of the Province in connection with the Foundation;

(e) 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) 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.

6 (1) Subject to the approval of the Governor in Council, the Board may make any by-laws that the Board considers necessary or advisable to carry out effectively the functions of the Board.

(2) A by-law providing for the conduct of meetings of the Board or determining procedures to be followed by the Board does not require the approval of the Governor in Council.

(3) The Board may, by means of a by-law made pursuant to this Section, delegate matters and create discretionary powers.

7 (1) The Board may appoint such officers and employees as the Board considers necessary to carry out the powers and duties of the Foundation.

(2) The Board may, by resolution, determine the terms and conditions of employment of its officers and employees.

(3) The Public Service Act does not apply to the officers and employees of the Foundation.

(4) The Public Service Superannuation Act applies to the Foundation and its officers and employees and the Foundation is deemed to be an employer and its officers and employees are deemed to be employees within the meaning of that Act.

8 The Board shall appoint a Scientific Advisory Committee to advise the Board on all research projects.

9 The fiscal year of the Foundation is the same as the fiscal year of the Province.

10 The Board shall not borrow money on behalf of the Foundation.

11 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, shall be governed by the provisions of any grant, gift, devise, bequest or trust.

12 (1) Subject to a contrary intent expressed in a grant, gift, devise, bequest or trust, the Foundation may make any investment that a trustee is permitted to make pursuant to the Trustee Act.

(2) Where, 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 of Nova Scotia 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, as the case may be, in mind, considers will best further both that intent and the best interests of the Foundation.

13 Property vested in the Foundation is exempt from municipal taxation if the property is being used to further the purposes of the Foundation.

14 The accounts of the Foundation shall be audited annually be an auditor appointed by the Board.

15 (1) Within ninety days after the end of each fiscal year, the Foundation shall submit 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; and

(c) the annual report of the auditor of the Foundation.

(2) The reports and the financial statements referred to in subsection (1) shall be tabled in the House of Assembly within one hundred and twenty days after the end of the fiscal year for which the reports and statements are made if the House is then sitting and, if the House is not sitting, within fifteen days after the opening of the next session of the House.

16 (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 duties; or

(b) in the exercise or intended exercise of any power,

pursuant to 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 Foundation from vicarious liability for an act or omission of the persons referred to in subsection (1) for which act or omission the Foundation would be vicariously liable but for this Section.

17 (1) The Governor in Council may make regulations

(a) defining any word or expression used but not defined in this Act;

(b) deemed necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

18 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

---

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1998 Crown in right of Nova Scotia. Updated July 2, 1998. Send comments to legc.office@gov.ns.ca.