National Film Act (R.S.C., 1985, c. N-8)

Short Title

Marginal note:Short title

1 This Act may be cited as the National Film Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Board

Board means the National Film Board established by section 4; (Office)

Commissioner

Commissioner means the Government Film Commissioner appointed under section 16; (commissaire)

department

department means any department or board of the Government of Canada and any agent of Her Majesty in right of Canada; (département)

film

film means motion pictures, still photographs, photographic displays, filmstrips and such other forms of visual presentation as consist primarily of photographs or photographic reproductions; (film)

film activity

film activity means any activity in relation to the production, distribution, projection or exhibition of film; (activité filmique)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)

Responsibility of Minister

Marginal note:Responsibility of Minister

3 For the purposes of this Act and subject to its provisions, the Minister shall control and direct the operations of the National Film Board.

National Film Board

Marginal note:National Film Board

• 4 (1) There is hereby established a National Film Board, consisting of

  • (a) the Commissioner, who shall be Chairperson, and six other members, to be appointed by the Governor in Council; and

  • (b) the executive director of Telefilm Canada.

• Marginal note:Tenure of office

  (2) Each member of the Board, other than the Commissioner and the executive director of Telefilm Canada, holds office for three years, but may be removed for cause by the Governor in Council.

• Marginal note:Re-appointment

  (3) A retiring member of the Board is eligible for re-appointment.

• Marginal note:Casual vacancy

  (4) When, before the end of the term for which a member of the Board was appointed, the member ceases to be a member thereof, the Governor in Council shall appoint a person to be a member of the Board for the remainder of that term.

Marginal note:Eligibility

5 No person who has any pecuniary interest, direct or indirect, individually or as a shareholder or partner or otherwise, in commercial film activity is eligible for appointment to the Board.

Marginal note:Fees and expenses

6 A member of the Board, other than the Commissioner, the executive director of Telefilm Canada or a member of the Board who is a member of the federal public administration, may be paid such fee for each meeting of the Board that the member attends as may be fixed by by-law of the Board, and the members of the Board are entitled to be paid actual travel and living expenses necessarily incurred in connection with the business of the Board.

Marginal note:Meetings

• 7 (1) The Board shall meet at the call of the Chairperson of the Board but, in any event, not more than three months shall elapse between meetings of the Board.

• (2) [Repealed, 1995, c. 29, s. 59]

• Marginal note:Voting

  (3) Each member of the Board has one vote in the transaction of the business of the Board, and if the number of votes is equal the Chairperson has an additional vote.

• Marginal note:Minister to get minutes

  (4) The Chairperson of the Board shall furnish the Minister with a copy of the minutes of each meeting of the Board.

Marginal note:By-laws

8 The Board, with the approval of the Minister, may make by-laws with respect to the conduct of the business of the Board.

Purposes of the Board

Marginal note:Purposes for which Board established

9 The Board is established to initiate and promote the production and distribution of films in the national interest and, in particular,

• (a) to produce and distribute and to promote the production and distribution of films designed to interpret Canada to Canadians and to other nations;

• (b) to represent the Government of Canada in its relations with persons engaged in commercial motion picture film activity in connection with motion picture films for the Government or any department thereof;

• (c) to engage in research in film activity and to make available the results thereof to persons engaged in the production of films;

• (d) to advise the Governor in Council in connection with film activities; and

• (e) to discharge such other duties relating to film activity as the Governor in Council may direct the Board to undertake.

Powers of Board

Marginal note:Powers of Board

• 10 (1) Subject to the direction and control of the Minister, the Board may, for the purposes for which it is established,

  • (a) make, project, exhibit or distribute or cause to be made, projected, exhibited or distributed films in Canada or elsewhere on behalf of the Board or on behalf of other departments or persons;

  • (b) determine the manner in which moneys available to the Board for the production of a film may best be expended in the production thereof;

  • (c) acquire personal property and movable property in the name of the Board;

  • (d) enter into contracts in the name of the Board, including contracts for personal services;

  • (e) dispose of personal property and movable property held in the name of the Board or administered by the Board on behalf of Her Majesty, in processed form or otherwise, at the price and on the terms that the Board considers advisable;

  • (f) acquire in the name of the Board copyrights in any literary, musical or artistic works, plays, songs, recordings or films;

  • (g) acquire in the name of the Board and use any patent or patent rights, licences or concessions;

  • (h) make arrangements or agreements with any person or organization for the use of any rights, privileges or concessions; and

  • (i) do such other acts and things as are necessary for or incidental to the purposes for which the Board is established.

• Marginal note:Legal proceedings

  (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Board in the name of the Board in any court that would have jurisdiction if the Board were a corporation that is not an agent of Her Majesty.

11 [Repealed, 1996, c. 16, s. 44]

Marginal note:Restriction on entry into contracts

12 Notwithstanding anything in this Act, the Board shall not, unless the approval of the Treasury Board has been obtained on the recommendation of the Minister, enter into a contract involving an estimated expenditure in excess of such amount as the Treasury Board may determine.

Marginal note:Plan of organization

• 13 (1) The Board may, with the approval of the Treasury Board obtained on the recommendation of the Minister, formulate a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Board and the establishment of rates of compensation for each class of position, having regard to the rates of compensation and conditions of employment for comparable positions outside the federal public administration and in other branches of the federal public administration.

• Marginal note:Amendment of plan

  (2) The Board may, with the approval of the Treasury Board obtained on the recommendation of the Minister, amend or vary a plan approved under subsection (1).

• Marginal note:Appointment of employees

  (3) Subject to the plan of organization approved under this section, the Board may appoint persons for a term or during pleasure to fill the positions established by the plan, prescribe their conditions of employment and provide for their promotion, salary and salary increases, but the provisions of the Public Service Employment Act relating to political activities and, where applicable, the condition of employment relating to payment of gratuity on death pursuant to the Financial Administration Act apply to the persons appointed under this section.

• (4) [Repealed, 2002, c. 17, s. 21]

Marginal note:Oath

14 Each officer or employee employed by the Board under section 13 shall, before entering on his duties, take an oath of office and secrecy in the form set out in the schedule.

Marginal note:Temporary employees

15 The Board may

• (a) employ such persons in positions other than in continuing positions in the plan approved under section 13 as may be required from time to time for the operations of the Board; and

• (b) determine the remuneration and conditions of employment of those persons.

Government Film Commissioner

Marginal note:Appointment and salary

• 16 (1) There shall be a Government Film Commissioner who shall be appointed by the Governor in Council on the recommendation of the Board and paid such salary as the Governor in Council may determine.

• Marginal note:Term and tenure of office

  (2) The Commissioner shall be appointed to hold office for a period not exceeding five years but may be removed from office for cause by the Governor in Council on the recommendation of the Board.

• Marginal note:Re-appointment

  (3) On the expiration of the Commissioner’s term of office, the Commissioner is eligible to be re-appointed as Commissioner.

• Marginal note:Absence, inability or vacancy in office of Commissioner

  (4) If the Commissioner is absent or unable to carry out the Commissioner’s duties for any reason or the office of Commissioner is vacant, the Board may, subject to the approval of the Minister, appoint an acting Commissioner.

Marginal note:Commissioner is chief executive officer, to administer operations and exercise powers, of Board

• 17 (1) The Commissioner is the chief executive officer of the Board and is charged with the administration of the operations of the Board and may, subject to the by-laws of the Board, exercise all powers of the Board in the name of the Board.

• Marginal note:Authority of officers and employees

  (2) Subject to the by-laws of the Board, the Commissioner may authorize officers or employees of the Board to act on behalf of and in the name of the Board.

Financial Provisions

Marginal note:Annual budget

• 18 (1) The Board shall submit to the Minister an annual budget for each fiscal year showing the estimated revenues and expenditures of the Board for its operations during that fiscal year.

• Marginal note:Accounts of Board

  (2) The Board shall establish and maintain an accounting system satisfactory to the Minister and all books of account, records and papers of the Board shall at all times be open to the inspection of the Minister or such persons as the Minister may designate.

Marginal note:Financial Administration Act

19 Except as otherwise provided in this Act, the Financial Administration Act applies in respect of operations under this Act.

Reports

Marginal note:Annual report

• 20 (1) As soon as is practicable after the end of each fiscal year, the Board shall submit to the Minister a report of the operations of the Board for the fiscal year in such form as the Minister may prescribe.

• Marginal note:Laying before Parliament

  (2) The Minister shall lay the annual report of the Board made under subsection (1) before Parliament on any of the first fourteen days on which either House of Parliament is sitting after the Minister receives it.

Marginal note:Reports to Minister

21 The Board shall furnish the Minister with such statements or reports in addition to those required by this Act in respect of its business or operations, at such times and in such manner, as the Minister may require.