Budget Implementation Act, 1998

Marginal note:Membership

• 12 (1) There shall be 15 members of the Foundation.

• Marginal note:First members

  (2) On this Act receiving royal assent, the Governor in Council, on the recommendation of the Ministers, shall without delay appoint six persons as members of the Foundation.

• Marginal note:First meeting

  (3) As soon as possible after the appointment of the six members under subsection (2), the Ministers shall make arrangements for a first meeting of those members.

• Marginal note:Appointing balance of first members

  (4) The six members appointed under subsection (2) shall as soon as possible after their appointment take reasonable steps to consult with the provincial ministers, and with representatives of post-secondary educational and learning organizations in Canada that they consider appropriate and, following those consultations, appoint nine further members of the Foundation.

• Marginal note:Appointment of successor members

  (5) The appointment of a person as a member to succeed a person whose term as a member expires shall be made by the members at a general meeting of members.

• Marginal note:Filling vacancies

  (6) The appointment of a person as a member to fill a vacancy in the membership caused by a person ceasing to be a member before the member’s term as a member expires shall be made by the members at a general meeting of members.

• Marginal note:Eligibility for members

  (7) A person is not eligible to be appointed a member if the person

  • (a) is a member of the Senate, the House of Commons or the legislature of a province;

  • (b) is an employee or agent of Her Majesty in right of Canada or a province;

  • (c) is a director;

  • (d) does not reside in Canada; or

  • (e) does not meet the qualifications set out in subsection 105(1) of the Canada Business Corporations Act.