Canadian Institutes of Health Research Act

An Act to establish the Canadian Institutes of Health Research, to repeal the Medical Research Council Act and to make consequential amendments to other Acts Preamble WHEREAS Parliament recognizes that Canadians value health as central to happiness and fulfilment, and aspire to be among the healthiest people in the world, that Canada should be an internationally acknowledged leader in contributing to the global advancement of health research and that excellence in health research is fundamental to improving the health of Canadians and of the wider global community, and that investment in health and the health care system is part of the Canadian vision of being a caring society; WHEREAS Parliament recognizes that the provinces are responsible for the delivery of health care to Canadians and that the Government of Canada collaborates with provincial governments to support the health care system and health research; WHEREAS Parliament believes that health research should address the respective health issues of children, women and men and of the diverse populations of Canada, be characterized by a transparent approach that facilitates accountability to Canadians, and take into consideration ethical issues; WHEREAS Parliament is cognizant of an historic opportunity to transform health research in Canada through the creation of the Canadian Institutes of Health Research as a flexible mechanism that will continually align health research funding with changes in the manner in which health problems and opportunities are identified, understood and addressed; WHEREAS Parliament believes that health research institutes should be created to coordinate, focus and integrate health research based on an understanding of the multi-factorial nature of health problems and opportunities, the involvement and recognition of, and respect for, health researchers from all research disciplines, and the cooperation of a wide range of partners from all relevant sectors, the provinces and other countries, the attraction of the best health researchers in Canada and the world and their development and retention in Canada, the creation of new scientific knowledge based on research that meets the highest international standards of excellence, and the application of that knowledge to the development and implementation of innovative policy and practice; WHEREAS Parliament understands that this transformation in health research can build on the legacy of excellence in health research already established in Canada, including the decisive contributions of the Medical Research Council and the National Health Research and Development Program, while understanding that the institutions, technologies and environment for health research have become more varied and complex than in the past; WHEREAS Parliament recognizes that this transformation in Canadian health research will also enhance economic development in Canada and promote growth and job creation in key sectors of the knowledge-based economy; AND WHEREAS Parliament believes that the Canadian Institutes of Health Research will provide the leadership required for this transformation and the continuing success of health research in Canada; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Canadian Institutes of Health Research Act. Definition of Minister In this Act, Minister means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council for the purposes of this Act. Canadian Institutes of Health Research There is hereby established a corporation, to be known as the Canadian Institutes of Health Research, in this Act referred to as the “CIHR”. Agent of Her Majesty The CIHR is an agent of Her Majesty in right of Canada. Head office The head office of the CIHR shall be at the place in Canada that is designated by the Governor in Council. Objective The objective of the CIHR is to excel, according to internationally accepted standards of scientific excellence, in the creation of new knowledge and its translation into improved health for Canadians, more effective health services and products and a strengthened Canadian health care system, by exercising leadership within the Canadian research community and fostering collaboration with the provinces and with individuals and organizations in or outside Canada that have an interest in health or health research; creating a robust health research environment in Canada, based on internationally accepted standards of scientific excellence and a peer review process, that will attract, develop and keep excellent researchers and provide them with the opportunity to contribute to the improvement of people’s health in Canada and the world; forging an integrated health research agenda across disciplines, sectors and regions that reflects the emerging health needs of Canadians and the evolution of the health system and supports health policy decision-making; encouraging interdisciplinary, integrative health research through the creation of Health Research Institutes that together pertain to all aspects of health, include bio-medical research, clinical research, research respecting health systems, health services, the health of populations, societal and cultural dimensions of health and environmental influences on health, and other research as required, work in collaboration with the provinces to advance health research and to promote the dissemination and application of new research knowledge to improve health and health services, and engage voluntary organizations, the private sector and others, in or outside Canada, with complementary research interests; promoting, assisting and undertaking research that meets the highest international scientific standards of excellence and ethics and that pertains to all aspects of health, including bio-medical research, clinical research and research respecting health systems, health services, the health of populations, societal and cultural dimensions of health and environmental influences on health; addressing emerging health opportunities, threats and challenges and accelerating the discovery of cures and treatments and improvements to health care, prevention and wellness strategies; fostering the discussion of ethical issues and the application of ethical principles to health research; promoting the dissemination of knowledge and the application of health research to improve the health of Canadians; encouraging innovation, facilitating the commercialization of health research in Canada and promoting economic development through health research in Canada; building the capacity of the Canadian health research community through the development of researchers and the provision of sustained support for scientific careers in health research; pursuing opportunities and providing support for the participation of Canadian scientists in international collaboration and partnerships in health research; and ensuring transparency and accountability to Canadians for the investment of the Government of Canada in health research. Powers and functions For the purpose of achieving its objective, the powers and functions of the CIHR are to promote, assist and undertake health research; foster the development and ongoing support of the scientific careers of women and men in health research; consult, collaborate and form partnerships with the provinces and with persons and organizations in or outside Canada that have an interest in issues pertaining to health or health research; monitor, analyze and evaluate issues, including ethical issues, pertaining to health or health research; advise the Minister in respect of any matter relating to health research or health policy; communicate with the public, governments, the Canadian and the international research communities, voluntary organizations and the private sector on issues pertaining to health or health research; and exercise any other power and perform any other function that is assigned to it by the Governor in Council to achieve its objective. President The President of the CIHR shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than five years. The President is eligible for reappointment. Governing Council The Governing Council of the CIHR shall consist of not more than 18 members, including the Chairperson appointed under subsection (3.1). Appointment and tenure of members Subject to section 8, each initial member of the Governing Council shall be appointed by the Governor in Council to hold office for any term of not more than three years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one third of the members. Subsequently appointed members shall be appointed by the Governor in Council for a three-year term. Removal and reappointment Except for the Chairperson appointed under subsection (3.1), the members shall be appointed to hold office during pleasure and may be appointed to no more than two consecutive terms. Chairperson Subject to subsection (3.2), the Governor in Council shall appoint a Chairperson to hold office during pleasure for a term of not more than five years. The Chairperson is eligible for reappointment. Ineligibility for appointment The President is not eligible to be appointed as the Chairperson. Appointment criteria The Governor in Council shall appoint as members of the Governing Council women and men who are able to contribute to the achievement of the objective of the CIHR in the overall interests of Canadians. The Governor in Council shall consider appointing women and men who reflect the highest standards of scientific excellence and women and men who reflect a range of relevant backgrounds and disciplines. President and Deputy Minister of Health The President and the Deputy Minister of Health are ex officio and non-voting members of the Governing Council. Vice-Chairperson The Governing Council shall elect a Vice-Chairperson from among its members, other than the President and the Deputy Minister of Health. Absence or incapacity In the event of the absence or incapacity of the Chairperson or if the office of the Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson. Establishing committees The Governing Council may establish by by-law an executive committee and other committees of the Governing Council; and shall establish by by-law one or more standing committees to advise the Governing Council with respect to the full range of health research, and in particular for the purposes of paragraphs 4(d) and (e). Membership A by-law establishing a committee, other than an executive committee, may provide for the committee’s membership to include persons who are not members of the Governing Council. Fees The members of a committee who are not members of the Governing Council may be paid for their services the fees that are fixed by the Governor in Council. Meetings The Governing Council may meet at the times and at the places in Canada that it considers necessary, but it shall meet at least twice a year. The President shall be paid the remuneration that may be fixed by the Governor in Council; is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act; and is entitled to be reimbursed for reasonable travel and living expenses incurred by the President in the course of performing the President’s duties while absent from the President’s ordinary place of work. Members of the Council Each appointed member of the Governing Council shall be paid the fees that may be fixed by the Governor in Council for attendance at meetings of the Governing Council or any of its committees or for the performance of other duties; is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act; and is entitled to be reimbursed for reasonable travel and living expenses incurred by the member in the course of performing their duties while absent from their ordinary place of residence. Management of the CIHR The Governing Council is responsible for the management of the CIHR, including developing its strategic directions and goals; evaluating its overall performance, including with respect to achievement of its objective; approving its budget; establishing a peer review process for research proposals made to the CIHR; approving funding for research; approving other expenditures to carry out its objective; establishing policies; and dealing with any other matter that the Governing Council considers related to the affairs of the CIHR. Delegation Subject to subsection (2), the Governing Council may delegate its powers, duties and functions to its members or committees or to the President. Limit on delegation The Governing Council shall not delegate its powers, duties and functions under any of paragraphs 14(a) and (c), sections 16 and 19 to 21 and subsections 22(3) and 32(1). Advising Minister The Governing Council shall advise the Minister in respect of any matter that the Minister refers to it for its consideration. Personnel The Governing Council may appoint, layoff or terminate the employment of the employees of the CIHR; and establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of employment otherwise than for cause, of employees. Right of employer Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the CIHR and the Governing Council may determine the organization of and classify the positions in the CIHR; set the terms and conditions of employment for employees, including termination of employment for cause, and assign duties to them; and provide for any other matters that the Governing Council considers necessary for effective human resources management in the CIHR. Collective agreements Notwithstanding section 112 of the Federal Public Sector Labour Relations Act, the Governing Council may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the CIHR that is applicable to employees of that bargaining unit. By-laws The Governing Council may, with the approval of the Governor in Council, make by-laws for the regulation of its proceedings and generally for the conduct of its activities. Establishment The Governing Council shall establish, maintain and terminate Health Research Institutes, and determine the mandate of each one; create an Advisory Board for each Health Research Institute and appoint the members of the Advisory Boards; and appoint a Scientific Director for each Health Research Institute. Mission Each Health Research Institute shall support individuals, groups and communities of researchers for the purpose of implementing, within its mandate, the objective of the CIHR. Role and functioning The Governing Council shall develop policies respecting the role and functioning of Health Research Institutes and their Advisory Boards and Scientific Directors. Appointments to Advisory Boards The Governing Council shall appoint to the Advisory Boards women and men who are able to contribute to the achievement of the objective of the CIHR in the overall interests of Canadians. The Governing Council shall consider appointing women and men who reflect the highest standards of scientific excellence and a range of relevant backgrounds and disciplines, such as researchers in the fields of bio-medical research, clinical research and research respecting health systems, health services, the health of populations, societal and cultural dimensions of health and environmental influences on health. Quintennial review The Governing Council shall review the mandate and performance of each Health Research Institute at least every five years after it is established and determine whether its mandate or the policies respecting its role and functioning should be amended or whether it should be merged with another Health Research Institute or terminated. Travel and living expenses Members of an Advisory Board shall serve without remuneration, but may be paid the travel and living expenses fixed by the Governor in Council that they incur while absent from their ordinary place of residence in the course of performing duties and functions under this Act. Other benefits The members of an Advisory Board are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act. Performing other duties or functions A member of an Advisory Board, who with the approval of the Governing Council performs any duties or functions on its behalf in addition to their duties and functions as a member of the Advisory Board, may be paid the fees that are fixed by the Governor in Council. The President is the chief executive officer of the CIHR and is responsible for its day-to-day management and direction. Acting President In the event of the absence or incapacity of the President or a vacancy in that office, the Governing Council may authorize an officer of the CIHR to act as President, but no person may act as President for a period exceeding 90 days without the approval of the Governor in Council. Part 7 of the Public Service Employment Act For the purposes of Part 7 of the Public Service Employment Act, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and an employee of the CIHR is deemed to be an employee as defined in subsection 2(1) of that Act. Benefits The employees of the CIHR are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act. Ancillary powers The CIHR may, for the purpose of achieving its objective, provide funding to promote, assist and undertake health research and to otherwise carry out its objective; enter into contracts, agreements, memoranda of understanding or other arrangements with a department or agency of the Government of Canada, with any other government or any of its agencies or with any person or organization in the name of Her Majesty in right of Canada or in its own name; with the approval of the Governor in Council, enter into a partnership, or incorporate by itself or with others a corporation, including a subsidiary of the CIHR, under the Canada Business Corporations Act, the Canada Not-for-profit Corporations Act or provincial legislation, or acquire or dispose of shares in any corporation; with the approval of the Treasury Board, acquire or lease real property or immovables and, subject to the terms and conditions on which the property or immovables were acquired or leased, hold, lend, administer or dispose of the property or immovables; acquire or lease personal property or movables and, subject to the terms and conditions on which the property or movables were acquired or leased, hold, lend, invest, administer or dispose of the property or movables; license, assign, sell or otherwise make available any patent, copyright, industrial design, trademark, trade secret or other like property right held, controlled or administered by the CIHR; publish, sell or otherwise disseminate studies, reports and other documents of the CIHR; and do anything else that is necessary or incidental to achieving the objective. Title to property Property acquired by the CIHR is property of Her Majesty in right of Canada and title to it may be held in the name of Her Majesty or in the name of the CIHR. Choice of service providers Notwithstanding section 9 of the Department of Public Works and Government Services Act, the CIHR may procure goods and services from outside the federal public administration. Legal services The CIHR may procure legal services from outside the federal public administration only with the approval of the Attorney General of Canada or the Governor in Council. Expending money For the purpose of achieving its objective, the CIHR may expend any money it receives by way of gift or bequest; and with the approval of Treasury Board, any money it receives through conducting its operations. Legal proceedings Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the CIHR, 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 CIHR in the name of the CIHR in any court that would have jurisdiction if the CIHR were not an agent of Her Majesty. [Repealed, 2012, c. 19, s. 191] Annual report The Governing Council shall, within four months after the end of each fiscal year, submit to the Minister a report on the operations and activities of the CIHR in that fiscal year and its strategic directions and goals, and shall include the CIHR’s financial statements. Tabling in Parliament The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it. Deemed appropriation Any amount that is appropriated for the Medical Research Council for the fiscal year in which section 51 comes into force and that is unexpended on the day that Act is repealed is deemed, as of that day, to be appropriated for the CIHR. [Note: Section 51 in force May 31, 2001, see SI/2001-66.] Unexpended appropriations for Medical Research Council If, in any fiscal year, any provision of sections 1 to 50 comes into force before section 51 comes into force, the Minister may, with the approval of the Treasury Board, allocate to the CIHR the portion of the appropriation for the Medical Research Council for that year that the Minister considers appropriate. [Note: Act, except sections 40, 41, 43, 45, 47, 49 and 51, in force June 7, 2000, see SI/2000-46; sections 40, 41, 43, 45, 47, 49 and 51 in force May 31, 2001, see SI/2001-66.] Transfer of rights, property, obligations and liabilities All rights and property and all obligations and liabilities of the Medical Research Council are transferred to the CIHR. References Every reference to the Medical Research Council in a deed, contract or other document executed by the Medical Research Council in its own name is to be read as a reference to the CIHR, unless the context requires otherwise. Commencement of legal proceedings Any action, suit or other legal proceeding in respect of any obligation or liability incurred by the Medical Research Council may be brought against the CIHR in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Medical Research Council. Continuation of legal proceedings Any action, suit or other legal proceeding to which the Medical Research Council is a party that is pending in any court on the day on which section 51 comes into force may be continued by or against the CIHR in like manner and to the same extent as it could have been continued by or against the Medical Research Council. Offer of employment Every person employed by the Medical Research Council who is appointed for an indeterminate period is deemed to have received an offer of employment from the CIHR. Deemed acceptance An employee who does not notify the CIHR in writing within 30 days after the day subsection (1) comes into force that the employee refuses the offer from the CIHR is deemed to have accepted it. [Note: Subsection 36(1) in force June 7, 2000, see SI/2000-46.] Start and termination of employment An employee who accepts or is deemed to have accepted an offer begins their employment with the CIHR, and has their employment with the Medical Research Council terminated, on the day agreed to by the Medical Research Council and the CIHR but, in any event, no later than the day on which section 51 comes into force. Continuation of terms and conditions of employment The employee continues to be subject to the same terms and conditions of employment until they are modified by the CIHR. Severance liability The employee is not entitled to receive severance pay on termination of their employment with the Medical Research Council, but the CIHR is deemed to accept the accumulated severance liability of the Medical Research Council to them. Designated positions If the employee’s position with the Medical Research Council was designated under section 78.1, 78.2 or 78.4 of the Public Service Staff Relations Act, the employee is deemed to occupy a position with the CIHR that is a designated position until the designation of the position with the CIHR is changed under section 78.4 of that Act. When offer refused A person who refuses an offer referred to in subsection (1) is entitled to receive the benefits and severance pay provided under the applicable collective agreement or policies of the Medical Research Council for termination by the Council of the person’s employment. Term employees Every person employed by the Medical Research Council who is not appointed for an indeterminate period continues as an employee of the CIHR, subject to the same terms and conditions of employment, on the day agreed to by the Medical Research Council and the CIHR but, in any event, no later than the day on which section 51 comes into force. Collective agreements and arbitral awards Any collective agreement or arbitral award that, after this subsection comes into force and before section 51 comes into force, applies to an employee of the Medical Research Council who becomes an employee of the CIHR continues to apply with respect to that employee with the CIHR as the separate employer for the purposes of the agreement or award until its term expires. [Note: Subsection 38(1) in force June 7, 2000, see SI/2000-46; section 51 in force May 31, 2001, see SI/2001-66.] Any collective agreement or arbitral award that applies with respect to the Medical Research Council and that is in effect on the day that section 51 comes into force continues in effect with the CIHR as the separate employer for the purposes of the agreement or award until its term expires. Subsections 48.1(2) to (8) of the Public Service Staff Relations Act apply as though the agreement or award were one referred to in subsection 48.1(1) of that Act. Pending grievances Any grievance commenced under the Public Service Staff Relations Act by an employee of the Medical Research Council that has not been finally dealt with on the day on which section 51 comes into force shall be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Council had not been terminated. Implementation of decision The CIHR shall implement, as soon as feasible, any action required by a final decision with respect to a grievance referred to in subsection (1). Termination of Medical Research Council appointments The appointments made under section 3 of the Medical Research Council Act of the members and the President of the Medical Research Council are terminated. [Amendments] [Repeal] Coming into force The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Canadian Institutes of Health Research Act The obligations under sections 31 and 32 of the Canadian Institutes of Health Research Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.