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RSNL1990 CHAPTER P-40

PUBLIC LIBRARIES ACT

Amended:

1993 cD-19.1 s21; 1996 cR-10.1 s59

CHAPTER P-40

AN ACT RESPECTING THE PUBLIC LIBRARY SERVICE IN THE PROVINCE

Analysis


       
1.   Short title

       
2.   Definitions

              PART I
PROVINCIAL INFORMATION AND LIBRARY RESOURCES BOARD

       
3.   Provincial Information and Library Resources Board

       
4.   Term of office

       
5.   Employees

       
6.   Function of provincial board

       
7.   Cancellation of certificate

       
8.   Property of board

       
9.   Use of government property

     
10.   Gifts or bequests

     
11.   Contributions towards pensions

     
12.   Expenses

     
13.   General funds

     
14.   General and trust funds

     
15.   Books of account

     
16.   Report of provincial board

              PART II
REGIONAL LIBRARY BOARDS

     
17.   Regional library board

     
18.   Composition of board

     
19.   Functions of regional board

     
20.   Rep. by 1996 cR-10.1 s59

              PART III
ST.
JOHN'S LIBRARY BOARD

     
21.  
St. John's Library Board

     
22.   Rep. by 1996 cR-10.1 s59

     
23.   Advisory body

     
24.   Rep. by 1996 cR-10.1 s59

     
25.   Secretary of board

              PART IV
LOCAL BOARDS

     
26.   Local board

     
27.   Name of board

     
28.   Accountability of board

     
29.   Rep. by 1996 cR-10.1 s59

              PART V
GENERAL

     
30.   Employee ineligible

     
31.   Election of officers

     
32.   Executive committee

     
33.   Rep. by 1996 cR-10.1 s59

     
34.   Meetings

     
35.   Minutes

     
36.   Rep. by 1996 cR-10.1 s59

     
37.   By-laws

     
38.   Rep. by 1996 cR-10.1 s59

     
39.   Offence

     
40.   Fine


Short title

        1. This Act may be cited as the Public Libraries Act.

1988 c38 s1

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Definitions

        2. In this Act

             (a)  "board" means a library board established by the provincial board under this Act;

             (b)  "executive committee" means a committee referred to in section 32;

             (c)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (d)  "provincial board" means the Provincial Information and Library Resources Board continued as a corporation under Part I;

             (e)  "public libraries" means libraries established under this Act;

              (f)  "regional resource library" means a library within a regional system which maintains a resource collection of selected materials which are available to the local libraries in the region; and

             (g)  " St. John's library system" means libraries coming under the jurisdiction of the St. John's Library Board.

1988 c38 s2; 1989 c30 Sch B; 1993 cD-19.1 s21; 1996 cR-10.1 s59

PART I
PROVINCIAL INFORMATION AND LIBRARY RESOURCES BOARD

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Provincial Information and Library Resources Board

        3. The Provincial Information and Library Resources Board is continued as a corporation consisting of not less than 10 and not more than 15 members, as follows:

             (a)  a representative from each regional library board appointed by that board;

             (b)  the chairperson of the St. John's Library Board appointed by that board; and

             (c)  up to 6 other members appointed by the Lieutenant-Governor in Council.

1988 c38 s4; 1996 cR-10.1 s59

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Term of office

        4. (1) The members of the provincial board shall be appointed for a term of 3 years and are eligible for reappointment.

             (2)  A person is not eligible to be a representative of a board on the provincial board unless that person is a member of that particular board.

             (3)  Where a member of the provincial board ceases being a member the vacancy created shall be filled immediately, in the case of a regional library representative by the appropriate board and in other cases by the Lieutenant-Governor in Council.

             (4)  A person appointed under subsection (3) shall be a member of the provincial board only for the rest of the period for which the person who has stopped being a member was appointed.

             (5)  The provincial board shall elect from among its members a chairperson and a vice-chairperson who shall, in the absence of the chairperson, preside at meetings.

             (6)  Where both the chairperson and vice-chairperson are absent from a meeting, the members present shall elect from their number a person to act as chairperson for that meeting who shall have the powers of the chairperson for the duration of the meeting.

             (7)  Six members of the provincial board constitute a quorum.

             (8)  At a meeting of the provincial board a member, including the chairperson of the meeting, has 1 vote and in the case of an equal division of votes the chairperson has a casting vote.

             (9)  The members of the provincial board shall not be paid a salary but a member shall be paid the actual travelling and other out-of-pocket expenses necessarily incurred in attending a meeting of the provincial board or in the discharge of duties assigned by the provincial board.

1988 c38 s5

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Employees

        5. (1) The provincial board shall appoint

             (a)  a provincial director; and

             (b)  other employees that it considers necessary,

and remunerate them out of its general funds.

             (2)  The provincial director is the secretary of the provincial board and shall discharge the other duties that the provincial board assigns.

             (3)  ThePublic Service Pen­sions Act applies to the persons referred to in subsection (1).

1988 c38 s7

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Function of provincial board

        6. (1) The provincial board shall establish and operate those public libraries in the province that it considers necessary and shall provide support to ensure that library materials, information and programs are available to meet the needs of the public.

             (2)  The provincial board shall provide

             (a)  a resource collection of selected materials in its provincial reference and resource library which shall be available to the various libraries in the province;

             (b)  a centralized cataloguing and processing service through its technical services department;

             (c)  library service to communities that do not have a local library through its books-by-mail service;

             (d)  centralized administrative services through its provincial headquarters; and

             (e)  the other centralized service considered necessary by the provincial board.

             (3)  For the purposes of subsection (1), the provincial board may divide the province into regions and may appoint for each region a regional library board.

             (4)  The provincial board has jurisdiction over boards appointed under subsection (3).

             (5)  The provincial board shall designate the regional headquarters and a library as a regional resource library in each region.

             (6)  [Rep. by 1996 cR-10.1 s59]

             (7)  The provincial board may make monetary grants-in-aid and give other help to boards and may prescribe the conditions which must be complied with before grants-in-aid or other help may be given.

             (8)  The provincial board shall grant to each board a certificate in the form that the provincial board may prescribe authorizing it to establish and operate a library.

             (9)  The provincial board may in its sole discretion cancel a certificate granted under subsection (8).

           (10)  A board is dissolved on the day on which its certificate is cancelled.

           (11)  A board shall not dispose of property or other assets acquired by it with assistance from the provincial board under subsection (7) without the prior written approval of the provincial board and unless the prior approval is given the disposition is not valid.

           (12)  The secretary of the provincial board shall record in a register kept for that purpose the name of boards to which certificates have been granted and of boards whose certificates have been cancelled.

1988 c38 s8; 1996 cR-10.1 s59

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Cancellation of certificate

        7. Where a certificate is cancelled under subsection 6(9) and a board dissolved, property and assets, title to which was vested in the board or held in trust by or for the board at the time of its dissolution, shall be considered to vest in and belong to or be held in trust by the provincial board immediately upon the cancellation of the certificate.

1988 c38 s9

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Property of board

        8. Real property acquired by a board, whether by purchase, gift, bequest or otherwise, shall be held in trust and administered for it by the provincial board.

1988 c38 s10

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Use of government property

        9. (1) The Lieutenant-Governor in Council may grant to the provincial board, upon the terms and conditions that seem appropriate,

             (a)  the use of a public building or part of it; and

             (b)  the custody and use of furniture, equipment or things that are the property of the Crown and suitable for the purposes of the board.

             (2)  The provincial board may permit boards under its jurisdiction to use anything granted to the provincial board under subsection (1).

1988 c38 s11

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Gifts or bequests

     10. The provincial board may receive gifts or bequests of money and of books, furniture, equipment and other matters and things suitable for library purposes.

1988 c38 s12

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Contributions towards pensions

     11. Notwithstanding subsection 5(3) but subject to the approval of the Lieutenant-Governor in Council, the provincial board may make contributions out of its general funds either directly or indirectly towards pensions, annuities, retiring allowances and gratuities for employees of the provincial board and may prescribe the terms and conditions upon which the pensions, annuities, retiring allowances or gratuities may be paid.

1988 c38 s13

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Expenses

     12. The provincial board may pay necessary expenses of its operations out of the general funds of the provincial board, including the cost of the purchase of books and other library materials and furniture and other equipment for the libraries established under this Act.

1988 c38 s14

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General funds

     13. (1) The general funds of the provincial board consist of

             (a)  money granted by the government of the province for the purposes of the provincial board;

             (b)  gifts or bequests of money received by the provincial board not subject to a special trust or condition; and

             (c)  money which the provincial board may charge and collect from users of its libraries or other facilities.

             (2)  The provincial board may receive gifts or bequests, which are subject to a trust, and shall invest and hold in trust the money or shall spend the money for the purposes indicated by the donor or testator and the money does not form part of the general funds of the provincial board.

1988 c38 s15

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General and trust funds

     14. The general and trust funds of the provincial board shall be deposited to the credit of the provincial board in separate accounts to be opened in a bank chosen by the provincial board.

1988 c38 s16

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Books of account

     15. The provincial board shall keep full and correct books of account which shall be subject to the audit of the auditor general.

1988 c38 s17

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Report of provincial board

     16. The provincial board shall make a full report to the minister annually and shall make other reports as the minister requires.

1988 c38 s18

PART II
REGIONAL LIBRARY BOARDS

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Regional library board

     17. (1) The provincial board shall prescribe the boundaries of each regional library board created by it.

             (2)  On being established, the regional library board shall be known by the name of the region.

             (3)  Each regional library board shall act as an advisory body to the provincial board.

1988 c38 s19

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Composition of board

     18. (1) A regional library board shall consist of 1 representative from each of the local boards of each affiliated library within the region.

             (2)  The representative shall be appointed by the local board who shall also appoint an alternate to the regional library board and the alternate shall attend meetings when the representative is unable to do so.

             (3)  An additional representative to the regional library board may be appointed by a local board if the original representative is elected chairperson of the regional library board.

1988 c38 s20

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Functions of regional board

     19. The functions and responsibilities of a regional library board shall be determined by the provincial board.

1996 cR-10.1 s59

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Rep. by 1996 cR-10.1 s59

     20. [Rep. by 1996 cR-10.1 s59]

1996 cR-10.1 s59

PART III
ST.
JOHN'S LIBRARY BOARD

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St. John's Library Board

     21. The provincial board shall establish and prescribe the boundaries of the St. John's library system operated by the St. John's Library Board.

1988 c38 s23

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Rep. by 1996 cR-10.1 s59

     22. [Rep. by 1996 cR-10.1 s59]

1996 cR-10.1 s59

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Advisory body

     23. (1) The St. John's Library Board shall act as an advisory board to the provincial board.

             (2)  The functions and responsibilities of the St. John's Library Board shall be determined by the provincial board.

1996 cR-10.1 s59

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Rep. by 1996 cR-10.1 s59

     24. [Rep. by 1996 cR-10.1 s59]

1996 cR-10.1 s59

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Secretary of board

     25. The chief librarian of the St. John's library system shall act as secretary of the St. John's Library Board and committees, but is not entitled to vote.

1988 c38 s27

PART IV
LOCAL BOARDS

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Local board

     26. (1) The provincial board may establish a local library and shall appoint a local board for that library.

             (2)  A local library shall provide library service to the public in and around a community.

1988 c38 s28

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Name of board

     27. (1) On being established the local board shall be known by the name of the community in which the local library is located.

             (2)  A local board shall consist of not less than 5 and not more than 9 members, appointed by the provincial board.

1988 c38 s29

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Accountability of board

     28. A local board is accountable to the provincial board and shall advise and assist the provincial board, in accordance with the policies of the provincial board, in the development and maintenance of public library services in a community.

1996 cR-10.1 s59

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Rep. by 1996 cR-10.1 s59

     29. [Rep. by 1996 cR-10.1 s59]

1996 cR-10.1 s59

PART V
GENERAL

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Employee ineligible

     30. (1) A person who is a full-time employee of the public libraries board is not eligible to be a member of the provincial board or of another board established under this Act.

             (2)  A person shall not remain a member of the provincial board or of another board established under this Act upon failing to attend 3 consecutive meetings, unless authorized by a resolution of the board concerned.

             (3)  A member who loses his or her membership under subsection (2) is considered to have resigned.

1988 c38 s32

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Election of officers

     31. A board shall elect from among its members a chairperson and other officers.

1996 cR-10.1 s59

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Executive committee

     32. The provincial board and each board established under this Act shall appoint an executive committee which shall act in place of and manage the affairs of the appropriate board.

1988 c38 s34

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Rep. by 1996 cR-10.1 s59

     33. [Rep. by 1996 cR-10.1 s59]

1996 cR-10.1 s59

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Meetings

     34. (1) The provincial board shall meet at least 4 times a year.

             (2)  Each regional library board shall meet at least 2 times a year.

             (3)  Other boards shall meet at least 4 times a year.

1988 c38 s36; 1996 cR-10.1 s59

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Minutes

     35. (1) The minutes, resolutions and by-laws of the provincial board and other boards established under this Act shall be entered in books for that purpose which shall be signed by the chairperson or acting chairperson.

             (2)  The minutes, resolutions and by-laws entered in books and signed under subsection (1) are considered to be original minutes, resolutions and by-laws, and the books shall be admitted in evidence as proof in judicial and other proceedings without proof of the signature or official character of the person who signed them.

1988 c38 s37

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Rep. by 1996 cR-10.1 s59

     36. [Rep. by 1996 cR-10.1 s59]

1996 cR-10.1 s59

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By-laws

     37. A board may pass by-laws.

1988 c38 s39; 1996 cR-10.1 s59

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Rep. by 1996 cR-10.1 s59

     38. [Rep. by 1996 cR-10.1 s59]

1996 cR-10.1 s59

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Offence

     39. (1) A person who in a public library to which this Act applies and to the annoyance or disturbance of a member of the staff of the public library or of a person using the public library

             (a)  behaves in a disorderly manner;

             (b)  uses violent, abusive or obscene language; or

             (c)  remains in the library, after reasonable request by a member of the staff to leave, beyond the hours fixed for the closing of the library

is guilty of an offence and liable on summary conviction to a fine of not less than $50 and not more than $200 and the person's privilege to enter the library premises shall be withdrawn.

             (2)  A person who wilfully retains a book, record, film or other library property from a public library to which this Act applies, or who mutilates library materials, furniture, equipment or other property of the library, is guilty of an offence and liable on summary conviction to a fine of not less than $50 and not more than $500 and, in addition to a fine imposed under this section, the person convicted may be ordered to pay the provincial board the full value of the library materials, furniture, equipment or other property so taken or mutilated.

1988 c38 ss41&42

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Fine

     40. A fine or penalty imposed under section 39 shall be paid to the board which has control of the property in respect of which the offence was committed by the Provincial Court judge hearing the matter.

1988 c38 s43