Innovation Saskatchewan Act, I-9.02

1 INNOVATION SASKATCHEWAN c I-9.02 The Innovation Saskatchewan Act being Chapter I‑9.02 of The Statutes of Saskatchewan, 2009 (effective November 2, 2009), as amended by the Statutes of Saskatchewan, 2014, c E‑13.1; 2019, c 18; 2021, c 15; and 2022, c 12. NOTE: This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume. Amendments have been incorporated for convenience of reference and the official Statutes and Regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the official Statutes and Regulations, errors that may have appeared are reproduced in this consolidation. 2 c I-9.02 INNOVATION SASKATCHEWAN Table of Contents PART I 17 Common seal Short Title and Interpretation 18 Liability in tort 1 Short title PART IV 2 Interpretation Financial Matters PART II 19 Fiscal year Agency 20 Appropriation 3 Agency established 21 Audit 4 Purposes of agency 22 Annual report 5 Powers of agency 22.1 Guarantee by government PART III 22.2 Winding‑up and dissolution Administration 6 Membership PART V 7 Board of agency Transfers to and from Agency 8 Officers 23 Transfers to and from agency 9 Remuneration and reimbursement PART VI 10 Committees Regulations 11 Chief Executive Officer and other staff 24 Regulations 12 Superannuation and other plans PART VII 13 Agent of the Crown Coming into Force 14 Responsible to minister 25 Coming into force 15 Head office 16 Capacity to contract 3 INNOVATION SASKATCHEWAN c I-9.02 CHAPTER I-9.02 An Act respecting Innovation Saskatchewan PART I Short Title and Interpretation Short title 1 This Act may be cited as The Innovation Saskatchewan Act. Interpretation 2 In this Act: (a) “agency” means Innovation Saskatchewan established pursuant to section 3; (b) “board” means the board of the agency; (b.1) “capital construction project” includes: (i) the acquisition of real and personal property; (ii) the construction, renovation, enlargement, repair or alteration of a building or other structure; (iii) the moving of a building or other structure onto land; and (iv) the destruction of a building or other structure; (c) “Crown” means the Crown in right of Saskatchewan; (d) “fiscal year” means the period set out in section 19; (e) “member” means a member of the agency; (f) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (g) “prescribed” means prescribed in the regulations. 2009, c I‑9.02, s 2; 2022, c 12, s 3. PART II Agency Agency established 3 Innovation Saskatchewan is established as a corporation. 2009, c I‑9.02, s 3. 4 c I-9.02 INNOVATION SASKATCHEWAN Purposes of agency 4 The purposes of the agency are as follows: (a) to facilitate the coordination and strategic direction of the Government of Saskatchewan’s support for research and development and science and technology with the objective of fostering the development of new ideas, products and processes to ensure the long‑term sustainable growth of Saskatchewan’s economy; (b) to provide advice and guidance to the Government of Saskatchewan respecting science and technology policy, and to establish, measure, monitor and report on the Government of Saskatchewan’s strategies and goals for advancing innovation in Saskatchewan; (c) to coordinate and support the establishment and maintenance of science, research and development infrastructure in Saskatchewan; (d) to provide recommendations and advice to the Government of Saskatchewan respecting research, development, demonstration, and the commercialization of new technologies and innovative processes in Saskatchewan, including policies that may better coordinate, support, foster, promote, and facilitate research, development, demonstration, and the commercialization of technology; (d.1) to create, encourage and facilitate business opportunities in Saskatchewan by providing financial assistance, management services, counselling and training, information and advice and any other services, including the development and operation of research and development parks, that the agency considers will further the purposes of this Act; (e) on request of the Lieutenant Governor in Council, to undertake any program or activity for the purposes of achieving the objectives described in clause (d); (f) to undertake any other prescribed programs and activities. 2009, c I‑9.02, s 4; 2022, c 12, s 4. Powers of agency 5(1) Subject to subsection (1.1), the agency may: (a) accept any funds granted to the agency by the minister or appropriated by the Legislature for the purposes of the agency; (b) enter into agreements that it considers expedient or desirable in the exercise of its powers or the performance of its responsibilities; (c) establish and operate any facility, program or undertaking that the agency considers will be conducive to the exercise of its powers or the performance of its responsibilities; (d) receive, accept, hold, invest and disperse moneys from any public or private source for carrying out its purposes; 5 INNOVATION SASKATCHEWAN c I-9.02 (e) incorporate or acquire ownership of any body corporate that the agency considers will assist the agency in the exercise of its powers or the performance of its responsibilities; (f) provide financial assistance by way of grant, loan, guarantee, equity investment or other similar means to any person if, in the opinion of the agency, doing so is consistent with its purposes; (f.1) buy, invest in, underwrite, subscribe for or acquire by any other means, and hold shares of, and debentures and other securities issued by, any person carrying on or proposing to carry on business in Saskatchewan if, in the opinion of the agency, doing so is consistent with its purposes; (f.2) participate in joint or other ventures or partnerships with persons carrying on or proposing to carry on business in Saskatchewan if, in the opinion of the agency, it is consistent with its purposes; (f.3) form, manage, promote, supervise, control or operate, or participate in the formation, management, promotion, supervision, control or operation of, any investment fund or pool where the fund or pool is formed for the purpose of investing in any person carrying on or proposing to carry on business in Saskatchewan if, in the opinion of the agency, it is consistent with its purposes; (f.4) subject to section 46 of The Financial Administration Act, 1993, borrow any amounts that it considers will be required to fund its operations or to fulfil its purposes; (f.5) engage in any capital construction project that it considers necessary, incidental or conducive to meeting its purposes or to exercising its powers; (f.6) acquire by purchase, lease or otherwise, any property that the agency considers necessary for its efficient operation; (f.7) sell, lease or otherwise dispose of any of the agency’s property in any manner that the agency considers appropriate; (g) provide consulting, management or advisory services to any other person, public or private, within or outside Saskatchewan; (h) carry out or engage in any other function or activity assigned to the agency by the Lieutenant Governor in Council; and (i) do all those things that the agency considers necessary, incidental or conducive to the carrying out of its purposes. (1.1) In carrying out the agency’s powers pursuant to subsection (1), the agency is subject to: (a) any terms and conditions that may be imposed, by order, by the Lieutenant Governor in Council; and (b) any orders or directives of Treasury Board. 6 c I-9.02 INNOVATION SASKATCHEWAN (2) Repealed. 2022, c 12, s 5. (3) Repealed. 2022, c 12, s 5. (4) Repealed. 2022, c 12, s 5. 2009, c I‑9.02, s 5; 2021, c 15, s 3; 2022, c 12, s 5. PART III Administration Membership 6 The agency consists of the following members appointed by the Lieutenant Governor in Council: (a) the minister; and (b) not more than six other persons. 2009, c I‑9.02, s 6; 2021, c 15, s 4. Board of agency 7(1) The board of directors of the agency consists of those persons who are appointed to constitute the agency pursuant to section 6. (2) Subject to subsections (3) and (4), a person appointed pursuant to clause 6(b): (a) holds office at pleasure for a period not exceeding two years and, notwithstanding the expiry of the term, continues to hold office until a successor is appointed; and (b) is eligible for reappointment. (3) Other than the minister, no member of the board shall hold office for more than two consecutive terms. (4) If a member of the board dies or resigns, the person ceases to be a member of the board on the date of death or on the date on which the resignation is received by the board, as the case may be. (5) If the office of a person appointed pursuant to section 6 becomes vacant, the Lieutenant Governor in Council may: (a) appoint a person for the remainder of the term of the person who vacated the office; or (b) appoint a person for the term mentioned in subsection (2). (6) A vacancy in the membership of the board does not impair the power of the remaining members of the board to act. (7) Notwithstanding anything in The Legislative Assembly Act, 2007, if a member of the Legislative Assembly is appointed a member of the agency, that member is not, by reason of the appointment or of any payment to him or her pursuant to section 9, required to vacate the member’s seat or disqualified from sitting or voting in the Legislative Assembly. 2009, c I‑9.02, s 7; 2021, c 15, s 5. 7 INNOVATION SASKATCHEWAN c I-9.02 Officers 8(1) The minister is the chairperson of the board. (2) The Lieutenant Governor in Council may appoint another member of the board as vice‑chairperson of the board. (3) The chairperson shall: (a) preside over all meetings of the board; and (b) perform all the duties that may be imposed on, and may exercise all the powers that may be assigned to, the chairperson by resolution of the board. (4) In the absence of the chairperson, the vice‑chairperson may exercise the powers of the chairperson and shall perform the duties of the chairperson. 2009, c I‑9.02, s 8. Remuneration and reimbursement 9 The Lieutenant Governor in Council shall fix the remuneration and rate of reimbursement for expenses of members of the board. 2009, c I‑9.02, s 9. Committees 10 The board may: (a) appoint any committees that it considers necessary for the efficient conduct of the affairs and business of the agency; (b) determine the duties of any committee it appoints; and (c) fix the allowances for expenses of members of any committee it appoints. 2009, c I‑9.02, s 10. Chief Executive Officer and other staff 11(1) Notwithstanding The Public Service Act, 1998, the agency shall employ a chief executive officer. (2) The agency shall determine the chief executive officer’s conditions of employment and remuneration. (3) The agency shall pay to the chief executive officer the remuneration determined pursuant to subsection (2). (4) Subject to the control and direction of the board, the chief executive officer shall manage the affairs and business of the agency. (5) Subject to any policies established by the board, the chief executive officer may: (a) notwithstanding The Public Service Act, 1998, hire, on behalf of the agency, any employees that the chief executive officer considers necessary for the conduct of the agency’s operations; and 8 c I-9.02 INNOVATION SASKATCHEWAN (b) determine the employees’: (i) duties and powers; (ii) conditions of employment; and (iii) remuneration. 2009, c I‑9.02, s 11. Superannuation and other plans 12 The agency may establish and support any or all of the following for the benefit of the chief executive officer and other employees and the dependants of the chief executive officer and other employees: (a) a superannuation plan; (b) a group insurance plan; and (c) any other pension, superannuation or employee benefit program. 2009, c I‑9.02, s 12. Agent of the Crown 13(1) The agency is for all its purposes an agent of the Crown, and the agency’s powers pursuant to this Act may be exercised only as an agent of the Crown. (2) All property of the agency, all moneys acquired, administered, possessed or received from any source and all profits earned by the agency are the property of the Crown and are, for all purposes, including taxation of whatever nature and description, deemed to be the property of the Crown. 2009, c I‑9.02, s 13. Responsible to minister 14 The agency is responsible to the minister for the performance of its responsibilities and the exercise of its powers pursuant to this Act. 2009, c I‑9.02, s 14. Head office 15 The head office of the agency is to be at any location in Saskatchewan that the Lieutenant Governor in Council may designate. 2009, c I‑9.02, s 15. Capacity to contract 16(1) The agency has the capacity to contract and to sue and be sued in its corporate name with respect to any right or obligation acquired or incurred by it on behalf of the Crown as if the right or obligation had been acquired or incurred on its own behalf. (2) The agency may, on behalf of the Crown, contract in its corporate name without specific reference to the Crown. 2009, c I‑9.02, s 16. 9 INNOVATION SASKATCHEWAN c I-9.02 Common seal 17 The agency is to have a common seal. 2009, c I‑9.02, s 17. Liability in tort 18 The agency may: (a) sue with respect to any tort; and (b) be sued with respect to liabilities in tort to the extent to which the Crown is subject pursuant to The Proceedings Against the Crown Act, 2019. 2009, c I‑9.02, s 18; 2019, c 18, s 4. PART IV Financial Matters Fiscal year 19 The fiscal year of the agency is the period commencing on April 1 in one year and ending on March 31 of the following year. 2009, c I‑9.02, s 19. Appropriation 20 The Minister of Finance shall pay to the agency out of the general revenue fund any moneys appropriated by the Legislature for the purposes of the agency in the amounts and at the times that are requested by the agency and agreed to by the Minister of Finance. 2009, c I‑9.02, s 20. Audit 21 The Provincial Auditor or any other auditor or firm of auditors that the Lieutenant Governor in Council may appoint shall audit the records, accounts and financial statements of the agency: (a) annually; and (b) at any other times that the Lieutenant Governor in Council may require. 2009, c I‑9.02, s 21. Annual report 22(1) In each fiscal year, the agency shall, in accordance with section 13 of The Executive Government Administration Act, submit to the minister: (a) a report of the agency on its business for the preceding fiscal year; and (b) a financial statement showing the business of the agency for the preceding fiscal year, in any form that may be required by Treasury Board. 10 c I-9.02 INNOVATION SASKATCHEWAN (2) In accordance with section 13 of The Executive Government Administration Act, the minister shall lay before the Legislative Assembly each report and financial statement received by the minister pursuant to subsection (1). 2009, c I‑9.02, s 22; 2014, c E‑13.1, s 62. Guarantee by government 22.1(1) The Lieutenant Governor in Council, on any terms and conditions the Lieutenant Governor in Council considers advisable, may guarantee the payment of: (a) the principal, interest and premium, if any, of any bonds, debentures or other securities issued by the agency; (b) any loans, temporary or otherwise, raised by the agency; (c) any indebtedness or liability for the payment of moneys incurred by the agency or to which it may be or become subject. (2) Any guarantee made pursuant to subsection (1) is to be in a form and manner that the Lieutenant Governor in Council may approve. (3) The Minister of Finance, or any other officer of the Ministry of Finance that may be designated by the Lieutenant Governor in Council, shall sign a guarantee made pursuant to subsection (1) and, on being so signed, the Government of Saskatchewan is liable, according to the tenor of the guarantee, for the payment of: (a) the principal, interest and premium, if any, of the bonds, debentures or other securities; (b) the loans, temporary or otherwise; and (c) the indebtedness or liability for the payment of moneys. (4) Any guarantee signed in accordance with subsection (3) is conclusive evidence of compliance with this section. 2022, c 12, s 6. Winding-up and dissolution 22.2(1) The Lieutenant Governor in Council may wind up the affairs of the agency and dissolve the agency. (2) The Lieutenant Governor in Council may dispose of the assets of the agency if it is being dissolved pursuant to this section and deal with the agency’s liabilities and obligations in any manner that the Lieutenant Governor in Council considers appropriate. (3) At least three weeks before the agency is dissolved pursuant to this section, the Clerk of the Executive Council shall cause a notice of the dissolution to be printed in the Gazette and at least one newspaper having general circulation in the area where the agency’s head office is located. (4) A notice required pursuant to subsection (3) must contain: (a) the name of the agency; and (b) the proposed manner of dealing with the agency’s assets, liabilities and obligations. 2022, c 12, s 6. 11 INNOVATION SASKATCHEWAN c I-9.02 PART V Transfers to and from Agency Transfers to and from agency 23(1) In this section: (a) “Crown corporation” means a Crown corporation as defined in The Crown Corporations Act, 1993; (b) “Registrar” means the Registrar of Titles, appointed pursuant to section 6 of The Land Titles Act, 2000. (2) Notwithstanding any other Act or law or any provision of any contract: (a) the Lieutenant Governor in Council may, by order, subject to any terms and conditions that may be set out in the order, transfer or assign to, and vest in, the agency: (i) any personal property, assets, liabilities, debts, interests, rights, obligations, and contracts of the Crown, a Crown corporation or agent of the Crown; and (ii) any lands, interests in lands, mortgages, charges, encumbrances or other real property interests of the Crown, a Crown corporation or agent of the Crown; (b) the chairperson of the Public Service Commission may, with the approval of the agency, transfer any employees or class of employees in the public service, as defined in The Public Service Act, 1998, to and cause them to become employees of the agency; and (c) the president, chief executive officer or other head of a Crown corporation or other agent of the Crown may, by agreement with the agency, transfer any employees or class of employees of the Crown corporation or agent of the Crown to and cause them to become employees of the agency. (3) Notwithstanding any other Act or law or any provision of any contract: (a) the Lieutenant Governor in Council may, by order, subject to any terms and conditions that may be set out in the order, transfer or assign to, and vest in, the Crown, a Crown corporation or other agent of the Crown: (i) any personal property, assets, liabilities, debts, interests, rights, obligations, and contracts of the agency; and (ii) any lands, interests in lands, mortgages, charges, encumbrances or other real property interests of the agency; (b) the Lieutenant Governor in Council may, on the recommendation of the minister and the Minister Responsible for the Public Service Commission or the minister responsible for a Crown corporation or other agent of the Crown, by order, transfer any employees or class of employees of the agency to the Crown, a Crown corporation or other agent of the Crown, and cause them to become employees of the public service within the meaning of The Public Service Act, 1998, the Crown corporation or agent of the Crown, as the case may be. 12 c I-9.02 INNOVATION SASKATCHEWAN (4) An order made pursuant to: (a) subclause (2)(a)(i) or (3)(a)(i) shall constitute for all purposes a legal and valid transfer or assignment of the personal property, assets, liabilities, debts, interests, rights, obligations and contracts in accordance with the terms of the order; and (b) subclause (2)(a)(ii) or (3)(a)(ii) shall constitute for all purposes a legal and valid transfer or assignment of the lands, interests in lands, mortgages, charges, encumbrances or other real property interests in accordance with the terms of the order. (5) An order made pursuant to subclause (2)(a)(ii) or (3)(a)(ii) shall: (a) direct the Registrar to execute any necessary registration to give effect to the order; and (b) be provided to the Registrar as soon as possible after the order is issued. (6) Any person who may have a right or claim in relation to anything that has been transferred or assigned pursuant to clause (2)(a) or (3)(a) may continue to assert that right or claim against the party to whom that thing was transferred or assigned. (7) No prohibition of any transfer or assignment, nor the absence of any consent or approval required for any transfer or assignment, voids or affects the validity of a transfer or assignment made pursuant to this section. (8) Any transfer or assignment made pursuant to this section is deemed not to be a breach or default under any lease, contract or other document. (9) Notwithstanding any Act, law or provision of a contract, a transfer of an employee pursuant to clause (2)(b), (2)(c) or (3)(b): (a) does not constitute the abolition or termination of any position or job; (b) does not require any advance notice, including any notice that may be required pursuant to any Act, law or provision of a contract; and (c) does not constitute constructive dismissal of any person or a breach of contract. 2009, c I‑9.02, s 23. 13 INNOVATION SASKATCHEWAN c I-9.02 PART VI Regulations Regulations 24 The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) for the purposes of section 4, prescribing programs and activities that the agency may undertake; (c) prescribing any matter or thing that is authorized or required by this Act to be prescribed in the regulations; (d) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 2009, c I‑9.02, s 24. PART VII Coming into Force Coming into force 25 This Act comes into force on proclamation. 2009, c I‑9.02, s 25. 14 c I-9.02 INNOVATION SASKATCHEWAN REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2022