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Revised Statutes of Newfoundland 1990


CHAPTER R-13

AN ACT RESPECTING A RESEARCH COUNCIL IN THE PROVINCE

Analysis

1. Short title

2. Definitions

3. Research Council

4. Term of office

5. Executive

6. Powers of council

7. Agent of the Crown

8. Actions, suits, etc.

9. Application of seal

10. Remuneration of members

11. Employees

12. Meetings

13. Fund

14. Financial

15. Budget

16. Power to acquire property

17. Power to accept gifts

18. Financial assistance

19. Administration of Act

20. Duties of council

21. Powers of director

22. Rights to invention

23. Patent rights

24. Reports

25. Regulations


Short title

1. This Act may be cited as the Research Council Act.

RSN1970 c269 s1

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Definitions

2. In this Act

(a) "council" means the Newfoundland Research Council continued under this Act;

(b) "director" means the member designated by the Lieutenant-Governor in Council to be director of research;

(c) "fund" means the Newfoundland Research Council Fund referred to in subsection 13(1);

(d) "member" means a member of the council; and

(e) "minister" means the Minister of Development.

RSN1970 c269 s2; 1973 No32 Sch; 1981 c4 Sch A; 1985 c30 Sch; 1989 c22 Sch B

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Research Council

3. (1) The Newfoundland Research Council is continued as a corporation.

(2) The council shall consist of not less than 8 and not more than 12 members.

(3) The members shall be appointed by the Lieutenant-Governor in Council and shall include

(a) a representative of the National Research Council resident in the province;

(b) 2 members of the faculty of the Memorial University of Newfoundland;

(c) representatives of departments of the Government of Canada conducting research in the province;

(d) representatives of departments of the government of the province; and

(e) representatives of industry.

RSN1970 c269 s3

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Term of office

4. (1) Members hold office for a period of 3 years from the date of their appointment.

(2) Members are eligible for reappointment.

(3) Where a vacancy occurs in the council the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the unexpired term.

(4) The exercise of the powers of the council shall not be impaired because of a vacancy in its membership.

(5) All acts done by the council shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member, be as valid as if that defect had not existed.

RSN1970 c269 s4

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Executive

5. (1) The Lieutenant-Governor in Council shall designate 1 of the members to be chairperson of the council, another to be vice-chairperson, another to be secretary and another to be director of research.

(2) The chairperson shall preside at all meetings of the council at which he or she is present and sign all contracts, agreements, orders, rules and other documents on behalf of the council.

(3) The chairperson may delegate his or her powers and duties or any of them to the vice-chairperson or the secretary.

(4) The vice-chairperson may exercise the powers and shall perform the duties of the chairperson that may be delegated by the chairperson, and in the absence of the chairperson may exercise all the powers and shall perform all the duties of the chairperson.

(5) The secretary is the chief executive officer of the council and shall perform the duties that may be assigned by the council and may exercise the powers and shall perform the duties of the chairperson that may be delegated by the chairperson.

(6) In the absence of the chairperson and vice-chairperson from a meeting the council may elect a temporary chairperson to preside at that meeting.

(7) The director shall supervise and direct the work of technical and other officers appointed for the purpose of carrying on the work of the council and he or she shall submit to the council nominations for technical or other officers required by the council.

RSN1970 c269 s5

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Powers of council

6. The council may

(a) promote in the way that is considered advisable

(i) the utilization of the natural resources of the province,

(ii) research with the object of investigating or improving the technical processes and methods that are or might be used in the industries of the province,

(iii) research with a view to utilizing the waste products of the industries of the province,

(iv) the investigation at the request of the industries of the province of the materials that are or might be used in, or of the products of, the industries making the request, and

(v) research, the objects of which are the betterment, welfare and progress of urban or rural life in the province;

(b) have charge and direction of or supervision over research that may be undertaken under conditions to be determined in each case,

(i) by or for individual firms, or

(ii) by the organizations or persons that wish to avail themselves of the facilities offered for this purpose;

(c) make by-laws for regulating its affairs and governing the calling of meetings, the times and places of meetings, the procedure at meetings and defining the number of members that constitute a quorum;

(d) establish and regulate the appointment, function, powers, duties, meetings, quorums and abrogation of the technical or advisory committees that the council may think advisable;

(e) purchase the land, works, materials and equipment and maintain the facilities that it considers necessary for the conduct of its operations;

(f) enter into arrangements with a person or organization for carrying out research work and for payment for that work either by the person or organization or by the council;

(g) purchase or otherwise acquire an invention or discovery or a right in either and apply for purchase or otherwise acquire letters patent of invention or similar protection of Canada or another jurisdiction or a licence or other right, title or interest in or under a patent or similar protection and hold, use, exercise, develop, license, assign or otherwise dispose of or turn the invention, discovery, letters patent or protection to account;

(h) publish as a result of its research, inquiries or investigation the documents, pamphlets, articles or monographs that it considers advisable; and

(i) do other things that the Lieutenant-Governor in Council may prescribe for the purpose of carrying out this Act according to its true intent.

RSN1970 c269 s20

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Agent of the Crown

7. (1) The council is an agent of the Crown and may exercise its powers under this Act only as an agent of the Crown.

(2) The council may, on behalf of the Crown, for the purposes of this Act enter into contracts or other agreements and acquire and dispose of or otherwise deal with property of all kinds in the name of the Crown or in the name of the council.

(3) Notwithstanding that the council is an agent of the Crown it may enter into contracts with the Crown and appoint agents to act on its behalf on the conditions that it thinks necessary.

(4) Property acquired by the council is the property of the Crown and title to it may, at the discretion of the council, be vested in the name of the Crown or in the name of the council.

RSN1970 c269 s6

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Actions, suits, etc.

8. Actions, suits or other legal proceedings in respect of a right or obligation acquired or incurred by the council on behalf of the Crown, whether in its name or in the name of the Crown, may be brought or taken by or against the council in the name of the council in a court as if the council were not an agent of the Crown.

RSN1970 c269 s7

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Application of seal

9. (1) The application of the common seal of the council shall be witnessed by at least 1 member and by the person acting as secretary to the council.

(2) A contract or instrument which, if entered into or executed by a person not being a corporation, would not be required to be under seal, may be entered into or executed on behalf of the council by a person generally or specially authorized by it for that purpose.

(3) A document purporting to be a document executed or issued under the seal of the council or on behalf of the council shall, until the contrary is proved, be considered to be a document so executed or issued.

RSN1970 c269 s8

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Remuneration of members

10. A member other than the director shall not receive pay or other compensation for his or her services, but each member is entitled to receive and be paid out of the fund the remuneration for travelling expenses and other expenses necessarily incurred in connection with the work of the council that the Lieutenant-Governor in Council may determine.

RSN1970 c269 s9

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Employees

11. (1) Subject to the approval of the minister, the council may employ technical, professional, administrative and other personnel for the proper carrying on of its work and on the terms and conditions that it determines and engage persons, firms, corporations or organizations for the performance of specific assignments or for other purposes.

(2) A person employed by the council under subsection (1) does not because of that employment only become an officer or employee of the Crown.

(3) The Lieutenant-Governor in Council may by order apply The Civil Service Act to the director or the persons employed under subsection (1) and upon the making of the order that Act applies to the persons or class of persons referred to in the order as if they were public employees within the meaning of that Act.

(4) The salaries of the director and of persons employed under subsection (1) shall be paid out of the fund.

RSN1970 c269 s10

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Meetings

12. The council shall meet at the times that the chairperson appoints, and at least 3 times in each year.

RSN1970 c269 s11

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Fund

13. (1) The fund, known as the Newfoundland Research Council Fund, to which is credited in an account kept by the Minister of Finance all money received by the council by way of contribution, grant, gift, donation, bequest or otherwise for the purposes of this Act and all money received as fees for services, proceeds of sales of property or patent rights and licence fees is continued.

(2) The Minister of Finance may, on the recommendation of the minister, pay into the fund the amounts out of the money voted by the Legislature for the use of the council that the Minister of Finance thinks appropriate.

(3) All money received by the council by contribution, grant, gift, donation or bequest shall be used by the council for a purpose for which the contributor, grantor, donor or testator granted, gave, donated or bequeathed it but where the contributor, grantor, donor or testator did not state the purpose for which the money was to be used it may be used by the council for a purpose, other than salaries, designed to promote the objects of this Act.

(4) The Minister of Finance shall make payments out of the fund for the purposes of the council on the recommendation of the council and with the approval of the minister.

RSN1970 c269 s12

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Financial

14. The financial year of the council shall correspond to the financial year of the government of the province.

RSN1970 c269 s13

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Budget

15. The council shall annually at the time that the minister requires submit to the minister an operating budget for the next financial year of the council.

RSN1970 c269 s14

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Power to acquire property

16. (1) The council may acquire personal property necessary for its purposes and may sell or otherwise dispose of that property.

(2) Subject to the approval of the Lieutenant-Governor in Council, the council may acquire real property necessary for its purposes and sell, lease or otherwise dispose of that property.

RSN1970 c269 s15

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Power to accept gifts

17. The council may accept and receive gifts, devises and bequests for the purposes of the council, and, subject to the terms of a trust imposed by the testator or donor, may sell, lease, convey or otherwise dispose of and convert into money real and personal property given, devised or bequeathed for those purposes and money received under this section shall be paid into the fund.

RSN1970 c269 s16

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Financial assistance

18. The council may enter into agreements with a board, council, foundation or other agency established for the purpose of carrying out objects similar to those of the council and may, with the approval of the Lieutenant-Governor in Council, accept the financial assistance that may be made available to it, directly or through the government of the province, by that board, council, foundation or other agency and money received under this section shall be paid into the fund.

RSN1970 c269 s17

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Administration of Act

19. (1) The council shall administer this Act and in the performance of the duties and exercise of the powers imposed or conferred upon the council by this Act the council is responsible to the minister.

(2) The minister may refer to the council for consideration a question relating to the carrying out of the purposes of this Act and the council shall consider the question and report on it to the minister.

RSN1970 c269 s18

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Duties of council

20. The council shall consider matters concerning research and investigation in the fields of pure and applied sciences as they affect the economy of the province and the particular matters that may be brought to its attention by the Lieutenant-Governor in Council or the minister.

RSN1970 c269 s19

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Powers of director

21. (1) The director may, for the purpose of obtaining information and statistics as to the trades, businesses and industries of the province, require persons engaged in a trade, business or industry to provide information with regard to that trade, business or industry and agricultural, industrial or commercial activities that the director or other person acting on behalf of the council considers appropriate.

(2) Information required under subsection (1) shall not include

(a) information of a secret or confidential nature; or

(b) information the disclosure of which would be injurious to the person carrying on the trade, business or industry with respect to which information is sought.

(3) A person engaged in a trade, business or industry who defaults for a period of 30 days after the receipt of a written demand under subsection (1) or a longer period that may be allowed by the council in complying with the demand when that person has or is able to obtain the information is guilty of an offence and liable on summary conviction to a fine of $10 for each day during which the default continues.

(4) Information under this section shall be used solely by the council, its members and officers for the purpose of the proper exercise and performance by the council of the powers and duties conferred or imposed upon it by this Act.

(5) A member, officer or employee of the council who uses information provided under this section for a purpose other than that referred to in subsection (4) is guilty of an offence and liable on summary conviction to a fine of not more than $500.

RSN1970 c269 s21

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Rights to invention

22. (1) All discoveries, inventions and improvements in processes, apparatus or machines made by a member of the technical staff of the council and all rights with respect to the discoveries, inventions and improvements are vested in the council.

(2) The council may, with the approval of the Lieutenant-Governor in Council, pay to its technical officers and to others working under its support who have made discoveries, inventions or improvements in process, apparatus or machines the bonuses or royalties that in its opinion are warranted.

RSN1970 c269 s22

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Patent rights

23. (1) Where an application for a patent has been made or a patent has been obtained with respect to a discovery, invention or improvement resulting from work carried out under a grant for research provided by the council, the council shall be considered to have an interest in the rights covered by the application or patent.

(2) For the purpose of continuing control and administration of rights referred to in subsection (1), the council shall require the assignment of the rights to it, and the council, the inventor and the sponsor of facilities used by the inventor shall together determine their respective interests in those rights and in the net proceeds of the exploitation of the rights.

RSN1970 c269 s23

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Reports

24. (1) The director shall report annually to the council upon the progress and efficiency of the work of the council and as to the requirements of the council and shall make the recommendations in the report that the director considers necessary.

(2) The council shall before May 1 in each year submit to the Lieutenant-Governor in Council a report of its proceedings and transactions during the last preceding financial year and the report shall contain the particulars that the Lieutenant-Governor in Council may require.

(3) A report shall upon its receipt be laid before the Legislature if it is then in session or, if it is not in session, within 15 days after the opening of the next session.

(4) The council shall provide the minister with the information and reports that he or she may require.

RSN1970 c269 s24

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Regulations

25. The Lieutenant-Governor in Council may make regulations generally to give effect to the purpose of this Act.

RSN1970 c269 s25

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