The Prairie Agricultural Machinery Institute Act

Transcription

1 The Prairie Agricultural Machinery Institute Act UNEDITED being Chapter P-21 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Continuation 4 Staff, duties of 5 Professional, etc., personnel 6 Council, continuation and certain procedure of 7 Council to consider certain matters and to report 8 Superannuation 9 Fund continued 10 Payments from 11 Duties of institute 12 Powers of institute 13 Extra-provincial powers 14 Power to accept gifts, etc. 15 Rights to inventions 16 Patent rights 17 Fiscal year 18 Audit 19 Reports by institute 20 No liability for things done under authority of council 21 Agreements 22 Report on machinery to purchaser, offence 23 Regulations

3 CHAPTER P-21 An Act respecting the Prairie Agricultural Machinery Institute Short title 1 This Act may be cited as The Prairie Agricultural Machinery Institute Act. R.S.S. 1978, c.p-21, s.1. Interpretation 2 In this Act: council (a) council means the Prairie Agricultural Machinery Institute Council constituted under section 6; director (b) director means the director of the institute; fund (c) fund means the Prairie Agricultural Machinery Institute Fund constituted under section 9; institute (d) institute means the Prairie Agricultural Machinery Institute constituted under section 3; machinery (e) machinery means any implement, device or machine used or intended for use upon a farm; manufacturer (f) manufacturer means a person who manufactures farm machinery, whether resident in the province or elsewhere, and who sells or offers for sale such farm machinery and repair parts at retail or indirectly through a general provincial distributor, vendor or dealer; minister (g) minister means the Minister of Agriculture , c.2, s.2; 1976, c.3, s.4; R.S.S. 1978, c.p-21, s.2. Continuation 3 The Prairie Agriculutural Machinery Institute is hereby continued as a body corporate , c.2, s.3; 1976, c.3, s.5; R.S.S. 1978, c.p-21, s.3. Staff, duties of 4(1) The staff of the institute shall consist of a director and such other officers and employees appointed by the council as the council considers necessary for the proper conduct of the business and affairs of the institute. (2) Subject to subsection (3), the council shall determine the duties, powers, conditions of employment and remuneration of members of the staff appointed under subsection (1). (3) The director shall act as secretary to the council and shall perform such duties as may be assigned to him by the council , c.2, s.4; R.S.S. 1978, c.p-21, s.4.

4 4 c. P-21 AGRICULTURAL MACHINERY INSTITUTE Professional, etc., personnel 5(1) The council may appoint or otherwise secure the services of such professional or technical personnel as the council considers necessary for the purposes of the institute. (2) Persons rendering services under subsection (1) shall receive such remuneration for their services and allowances for travelling and other expenses as the minister or, where the minister has entered into any agreements under section 21, the minister and the persons with whom he has entered into such agreements may determine , c.2, s.5; , c.49, s.8; R.S.S. 1978, c.p-21, s.5. Council, continuation and certain procedure of 6(1) The affairs and business of the institute shall continue to be managed by a council under the name of the Prairie Agriculutral Machinery Institute Council consisting of not less than five members appointed by the minister or, where the minister has entered into any agreements under section 21, by the minister and the persons with whom the minister has entered into such agreements. (2) Such persons as may be recommended by the Minister of Agriculture for Canada or the corresponding officer for any of the provinces of Canada may be appointed members of the council. (3) The minister or the minister and the persons authorized to appoint the members of the council under subsection (1) shall appoint one of the members of the council as chairman of the council and one other member of the council as vice-chairman. (4) A majority of the members of the council shall be a quorum of the council. (5) Subject to subsection (4), in the event of the absence or inability to act of any member, or if there is a vacancy in the membership of the council, the remaining members may exercise the powers and shall perform the duties of the council. (6) The council shall meet at such times and places as the chairman may specify but shall meet at least four times annually. (7) The council may, subject to this Act, govern its own procedure with respect to meetings and the conduct of the business and affairs of the council. (8) Each member of the council shall receive such remuneration for his services and allowances for travelling and other expenses as the minister or the minister and the persons with whom he has entered into agreements under section 21 may determine , c.2, s.6; , c.49, s.8; 1976, c.3, s.6; R.S.S. 1978, c.p-21, s.6. Council to consider certain matters and to report 7 The minister or, where the minister has entered in to any agreements under section 21, the minister and the persons with whom he has entered into such agreements or the minister or any of those persons may refer to the council for consideration any question respecting the carrying out of this Act and the council shall consider the question and report thereon to the minister or person who so referred the question , c.2, s.7; , c.49, s.8; R.S.S. 1978, c.p-21, s.7.

5 AGRICULTURAL MACHINERY INSTITUTE c. P-21 5 Superannuation 8(1) A member of the council or of the staff of the institute may elect in writing to participate in the superannuation plan provided by The Public Service Superannuation Act. (2) Where The Public Service Superannuation Board receives an election under subsection (1), The Public Service Superannuation Act applies to the person who made the election on and from the day on which the board received the election. (3) Where a member does not elect under subsection (1) to participate in the superannuation plan provided by The Public Service Superannuation Act and the member desires to participate in a superannuation plan, the council may, with the approval of the member, make arrangements for the member to participate in such superannuation plan as the council considers appropriate for the member , c.2, s.8; R.S.S. 1978, c.p-21, s.8. Fund continued 9(1) The Prairie Agricultural Machinery Institute Fund is hereby continued, to which shall be credited all moneys appropriated by the Legislature for the purposes of this Act, all moneys received by the institute by way of grant, bequests, donations or otherwise for the purposes of this Act and all moneys received as fees for services and proceeds from the sale of the property, patent rights or publications. (2) All moneys in the fund shall be deposited in a chartered bank or credit union. (3) Notwithstanding subsection (2), the institute may invest any of the moneys in the fund not immediately required by it for the purposes of the institute in securities approved by the minister or, where the minister has entered into any agreements under section 21, by the minister and the persons with whom he has entered into such agreements, and all income derived from investments made under this subsection shall be credited to and form part of the fund , c.2, s.9; , c.49, s.8; 1976, c.3, s.7; R.S.S. 1978, c.p-21, s.9. Payments from 10 The institute may, subject to this Act and the regulations, make payment from the fund of: (a) amounts necessary for the remuneration and allowances for expenses of members of the staff of the institute and persons rendering their services under section 5; (b) sums required by the institute for the carrying out of its duties and the exercise of its powers; (c) such other payments as may be authorized by the regulations , c.2, s.10; R.S.S. 1978, c.p-21, s.10. Duties of institute 11 The institute shall: (a) test and appraise under actual or simulated working conditions machinery sold or offered or intended for sale;

6 6 c. P-21 AGRICULTURAL MACHINERY INSTITUTE (b) undertake development work to improve and develop machinery for agricultural use; (c) publish such reports, pamphlets and bulletins as are consistent with the intent of this Act; (d) perform such additional functions as may be determined by the council to be consistent with the objectives of the institute , c.2, s.11; R.S.S. 1978, c.p-21, s.11. Powers of institute 12 Subject to such regulations as the Lieutenant Governor in Council may prescribe, the institute may: (a) purchase or otherwise acquire such land, works, buildings, materials, machines and equipment, and maintain such facilities, as it considers necessary for the conduct of its operations; (b) enter into agreements with any department or agency of the Government of Canada, or any province of Canada, or with any university, body carrying on research, manufacturer of machinery or other person or organization providing for the testing, appraisal and development of machinery, the caring on of research projects or the conduct of investigations and inquiries as the institute considers advisable; (c) carry on testing, appraisal and development of machinery projects or research projects, investigations and studies on behalf of other persons or organizations upon such terms and conditions, including remuneration for the services of the institute, as may be decided upon by the council; (d) purchase or otherwise acquire any invention or discovery or a right therein, and apply for, purchase or otherwise acquire any letters patent of invention or similar protection of Canada or any other jurisdiction, or any 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 such invention, discovery, letters patent or protection to account; (e) enter into agreements with any department or agency of the Government of Canada, or of any province of Canada, or with any university, body carrying on research, manufacturer of machinery or other person or organization providing for the sharing of the costs of establishing or operating the institute, for the purchase of visual or aural material of the institute or for the support of any testing, research or development project of the institute; (f) produce, prepare and distribute visual and aural material setting out the results of its activities under this Act; (g) do such other things as the Lieutenant Governor in Council may prescribe for the purpose of carrying out this Act according to its true intent , c.2, s.12; R.S.S. 1978, c.p-21, s.12. Extra-provincial powers 13 The institute has capacity to accept extra-provincial powers and rights and to exercise its powers beyond the boundaries of the province to the extent to which the laws in force where such powers are sought to be exercised permit , c.2, s.13; R.S.S. 1978, c.p-21, s.13.

7 AGRICULTURAL MACHINERY INSTITUTE c. P-21 7 Power to accept gifts, etc. 14 The institute may accept and receive gifts, devises and bequests for the purposes of the institute and, subject to the terms of any trust imposed by the testator or donor thereof, may sell, lease, convey or otherwise dispose of and convert into money real and personal property given, devised or bequeathed for those purposes , c.2, s.14; R.S.S. 1978, c.p-21, s.14. Rights to inventions 15(1) All discoveries, inventions and improvements made by a member or members of the staff of the institute and all rights with respect thereto are hereby vested in the institute. (2) The institute may, with the approval of the mm1ster or, where the minister has entered into any agreements under section 21, the minister and the persons with whom he has entered into such agreements, pay to members of its staff who have made discoveries, inventions or improvements in machinery such bonuses or royalties as in its opinion are warranted , c.2, s.15; , c.49, s.8; R.S.S. 1978, c.p-21, s.15. Patent rights 16(1) Where an application for a patent has been made or a patent has been obtained with respect to any discovery, invention or improvement resulting from work carried out by the institute, the institute shall be deemed to have an interest in the rights covered by the application or patent. (2) For the purpose of continuing titular control and administration of such rights, the institute shall require the assignment thereof to it, and the institute, the inventor and the sponsor, if any, of facilities used by the inventor shall together determine their respective interests in those rights and in the net proceeds, if any, of the exploitation thereof , c.2, s.16; R.S.S. 1978, c.p-21, s.16. Fiscal year 17 The fiscal year of the institute shall be the period commencing on the first day of April in one calendar year and ending on the last day of March in the next calendar year, both dates inclusive , c.2, s.17; R.S.S. 1978, c.p-21, s.17. Audit 18 The Provincial Auditor shall annually audit the accounts and financial statement of the institute , c.2, s.18; R.S.S. 1978, c.p-21, s.18. Reports by institute 19(1) The institute shall, in accordance with The Tabling of Documents Act, prepare and submit to the minister: (a) a report of the institute upon its business for the immediately preceding fiscal year;

8 8 c. P-21 AGRICULTURAL MACHINERY INSTITUTE (b) a financial statement showing the business of the institute for such fiscal year, in such form as may be required by Treasury Board. (2) The minister shall, in accordance with The Tabling of Documents Act, lay before the Legislative Assembly each report and statement received by him under subsection (1). (3) The institute shall, when requested to do so by any person with whom the minister has entered into an agreement under section 21, make and submit to the person a report respecting the work performed by the institute in the jurisdiction represented by the person for such period as the person may specify , c.2, s.19; , c.49, s.8; R.S.S. 1978, c.p-21, s.19. No liability for things done under authority of council 20 Neither the institute nor any member of the council or of the staff of the institute shall be liable to any civil action or to prosecution, arrest, imprisonment or damages by reason of any statement made, material prepared or published or act done under the authority of the council acting in good faith , c.2, s.20; R.S.S. 1978, c.p-21, s.20. Agreements 21 The minister may enter into agreements with the Minister of Agriculture for Canada or the corresponding minister of any other province of Canada providing for the participation of the jurisdiction represented by such minister in the constitution of the council and in the activities of the institute and, without limiting the generality of the foregoing, may enter into such agreements: (a) providing for the appointment of persons to the council as representatives of the jurisdiction represented by such minister; (b) determining amounts to be paid by such minister towards the costs of the establishment and operation of the institute; (c) determining the remuneration and allowance for expenses to be paid to members of the council and to professional and technical personnel rendering services to the institute; (d) setting out the basis on which questions respecting the functions and duties of the institute may be considered by the parties to the agreement , c.2, s.21; R.S.S. 1978, c.p-21, s.21. Report on machinery to purchaser, offence 22(1) Every person, who sells, distributes or otherwise deals in machinery, and to whom a report has been forwarded by the institute showing the results of a test or evaluation made by the institute of a machine sold or offered for sale in the ordinary course of business by the person shall, before selling such a machine, supply a copy of the report to the purchaser of the machine. (2) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $ , c.2, s.22; R.S.S. 1978, c.p-21, s.22.

9 AGRICULTURAL MACHINERY INSTITUTE c. P-21 9 Regulations 23 For the purpose of carrying out the provisions of this Act according to their intent and of supplying any deficiency therein, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations, not inconsistent with any other provisions of this Act: (a) governing the purchase or other acquisition of land, works, buildings, materials, machines, equipment and facilities by the institute; (b) prescribing the manner in which payments shall be made from the fund and authorizing purposes consistent with the objects of the institute for which the institute may make payments from the fund; (c) respecting the publication and furnishing of information to manufacturers, general provincial distributors and their agents and to the public as to the results of any test or examination of machinery made by the institute , c.2, s.23; R.S.S. 1978, c.p-21, s.23.

10 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2012