BILL NO. 22
1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998
Health Research Foundation Act
Honourable James A. Smith, M.D.
Minister of Health
First Reading: June 23, 1998
Second Reading: October 26, 1998
Third Reading: November 30, 1998 (WITH COMMITTEE AMENDMENTS)
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) "Chair" means the Chair of the Board;
(c) "director" means a member of the Board;
(d) "Foundation" means the Nova Scotia Health Research Foundation established by this Act;
(e) "Minister" means the Minister of Health.
3 There is hereby constituted a body corporate to be known as the Nova Scotia Health Research Foundation.
4 The objects of the Foundation are to
(a) assist, collaborate with and fund individuals and organizations conducting health research in the Province, including the fields of health policy, health promotion and health care, and, without limiting the generality of the foregoing, assist
(ii) health-outcome research,
(iii) health-services research, and
(iv) health public-policy research;
(b) study all matters referred to it by the Minister and, where required by the Minister, report its findings to the Minister; and
(c) develop, foster and encourage public knowledge and awareness of the Foundation and its benefits to Nova Scotians.
5 The Foundation has the capacity, rights, powers and privileges of a natural person.
6 (1) There shall be a Board of Directors of the Foundation of not more than ten persons appointed by the Governor in Council.
(2) Of the first directors appointed pursuant to subsection (1), equal numbers shall be appointed for terms of one, two and three years.
(3) Subject to subsection (2), each director holds office for a term of three years.
(4) Notwithstanding subsections (2) and (3), directors continue to hold office until their successors are appointed.
(5) Where a vacancy occurs during a directors term of office, a person shall be appointed in that directors place for the unexpired portion of the term.
(6) A vacancy does not impair the right of the remaining directors to act.
(7) A director may be re-appointed.
7 (1) The Governor in Council shall appoint one of the directors to be the Chair and another director to be the Vice-chair of the Board.
(2) The Chair and the Vice-chair hold office for terms not exceeding three years.
8 (1) Each director shall be reimbursed as prescribed by the regulations from the funds of the Foundation for such reasonable expenses actually incurred in carrying out their duties as directors.
(2) The Chair and Vice-chair shall be reimbursed as prescribed by the regulations from the funds of the Foundation for such reasonable expenses actually incurred in carrying out their duties as Chair and Vice-chair, respectively.
9 Where a director has a direct or indirect interest in an application to the Foundation for funding or other assistance, the director shall
(a) declare to the Board, at the earliest opportunity, the nature of that director's interest in the application;
(b) absent himself or herself from any discussion or evaluation of the application and from the selection of the jury or review procedure by which the application is reviewed; and
(c) not vote on any aspect of the application.
10 The Board shall exercise all powers and authority of the Foundation and is responsible for the operation and management of the Foundation.
11 The Foundation shall
(a) identify research priorities through consultation and communication with government, health boards, organizations, institutions and individuals;
(b) allocate funds to support the Province's health-research priorities and capacity development, including the retention of skilled personnel;
(c) establish a peer-review system, including where appropriate peers who reside outside of the Province, to ensure that scientific and ethical standards are maintained in awarding all grants;
(d) communicate research findings;
(e) establish a forum for interaction among health-care researchers and those who could apply the findings; and
(f) actively seek both private and public money for the working of the Foundation.
12 Each year, on the date fixed by the Minister, the Foundation shall transmit to the Minister a three-year plan of its proposed activities, including amounts estimated to be necessary for its financial-support programs and administrative support.
13 An annual grant to the Foundation may be provided from funds appropriated by the Legislature for that purpose and, until an appropriation is granted, costs and expenses of the Foundation may be paid out of the Consolidated Fund of the Province on the direction of the Minister of Finance.
14 The fiscal year of the Foundation ends on March 31st.
15 The Foundation shall keep proper books of account respecting
(a) all sums of money received and expended by the Foundation;
(b) the assets and liabilities of the Foundation; and
(c) such matters as may be prescribed by the regulations,
in such form as may be prescribed by the regulations.
16 (1) Before October 1st in each year, the Foundation shall make an annual report to the Minister containing clear and comprehensive statements disclosing all matters relating to the activities of the Foundation, and including
(a) the audited results of the operation of the Foundation for the last fiscal year;
(b) the audited financial position of the Foundation as at the end of the last fiscal year; and
(c) such financial reports and matters as may appear to be of public interest in relation to the Foundation or that the Minister may prescribe.
(2) The Minister shall lay the annual report of the Foundation before the Assembly if the Assembly is then sitting or, if the Assembly is not then sitting, during the next ensuing sitting.
17 The Foundation and its property are exempt from taxation imposed by or under the authority of any enactment of the Province.
18 (1) The Foundation is not an agent of Her Majesty in right of the Province.
(2) A person employed or engaged by the Foundation is not an officer, servant or agent of Her Majesty in right of the Province.
19 With the approval of the Governor in Council, the Foundation may make by-laws with respect to the conduct and management in all respects of the business and affairs of the Foundation and the exercise of the powers of the Foundation.
20 The Governor in Council may make regulations
(a) prescribing the proportional distribution of funding allocated to the health research categories;
(b) fixing the maximum proportion of expenditures to be used for administrative purposes;
(c) prescribing the terms and conditions governing financial or other assistance that the Foundation may provide;
(d) prescribing the accounts and records to be kept by the Foundation;
(e) prescribing the form of the books of account of the Foundation;
(f) respecting the auditing of the Foundation's system of accounting and books and records of account, including auditing by the Auditor General;
(g) respecting the reimbursement of directors for expenses;
(h) defining any word or expression used but not defined in this Act;
(i) respecting any other matter or thing that the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
21 The exercise of the authority contained in Sections 19 and 20 is regulations within the meaning of the Regulations Act.
22 This Act comes into force on such day as the Governor in Council orders 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 December 10, 1998. Send comments to legc.office@gov.ns.ca.
