71

 

First Session, 46th General Assembly

57 Elizabeth II, 2008

BILL 71

AN ACT TO AMEND THE ROOMS ACT NO. 2

Received and Read the First Time...................................................................

Second Reading..............................................................................................

Committee......................................................................................................

Third Reading.................................................................................................

Royal Assent...................................................................................................

HONOURABLE CLYDE JACKMAN

Minister of Tourism, Culture and Recreation

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Rooms Act.

Clause 1 of the Bill would amend section 2 of the Act to rename the "archives", "art gallery" and the "museum".

Clause 2 of the Bill would amend section 4 of the Act to expand the objects of the corporation to include 'exhibit' to those things that the corporation can now 'collect, preserve, present and make available'.

Clause 3 of the Bill would amend section 7 of the Act to require the deputy minister or an assistant deputy minister of the department to serve as a member of the board of directors of the corporation, to allow for the appointment of a treasurer and secretary to the board and to clarify the duty of the vice-chair to act in the absence of the chair. The clause would also repeal a spent provision.

Clause 4 of the Bill would amend section 8 of the Act to allow the board to establish and incorporate a foundation for charitable purposes. The clause would also require the foundation to apply for charitable status under the Income Tax Act (Canada).

Clause 5 of the Bill would amend section 10 of the Act to require the minister to consult with the chair before authorizing a person to act in the place of the chief executive officer when he or she is absent or unable to perform his or her duties.

Clause 6 of the Bill would amend section 18 of the Act to no longer require the approval of the board for the chief executive officer to appoint a director for a division.

Clause 7 of the Bill would amend section 20 of the Act to amend the definition of "director" to reflect the new name of The Rooms Provincial Archives

Clause 8 of the Bill would amend the Act to reflect the new name of the archives.

Clause 9 of the Bill would amend the Act to reflect the new name of the archives and would remove the requirement for the approval of the board in the appointment of the archives director.

Clauses 10 and 11 of the Bill would amend the Act to update language to reflect the new name of the museum.

Clause 12 of the Bill would amend the Act to remove the requirement that the board approve the appointment of the director.

Clause 13 of the Bill would amend the Act to add a requirement for the approval of the board of directors and the minister before an historic artifact or natural history specimen could be moved or destroyed.

Clauses 14 to 16 of the Bill would amend the Act to reflect the new name of the art gallery and clause 16 would also remove the requirement for the approval of the board for the appointment of the director of The Rooms Provincial Art Gallery.

Clause 17 of the Bill would amend the Act to include the requirement for the approval of the board of directors and the minister as well as the chief executive officer before art under the care and control of the director could be removed or destroyed.

Clause 18 of the Bill would make a consequential amendment to the Historic Resources Act to reflect the new name of the museum.

A BILL

AN ACT TO AMEND THE ROOMS ACT NO. 2

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.4 Amdt.
Objects of corporation

        3.   S.7 Amdt.
Board

        4.   S.8 Amdt.
Board powers and duties

        5.   S.10 Amdt.
Chief executive officer

        6.   S.18 Amdt.
Structure of corporation

        7.   S.20 Amdt.
Definitions

        8.   S.21 Amdt.
Archives continued

        9.   S.22 Amdt.
Archives director

      10.   S.29 Amdt.
Definitions

      11.   S.30 Amdt.
Museum

      12.   S.31 Amdt.
Museum director

      13.   S.32 Amdt.
Destruction prohibited

      14.   S.33 Amdt.
Definitions

      15.   S.34 Amdt.
Art Gallery

      16.   S.35 Amdt.
Art Gallery director

      17.   S.36 Amdt.
Destruction prohibited

      18.   RSNL1990 cH-4 Amdt.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2005 cR-15.1

        1. (1) Paragraph 2(a) of the Rooms Act is repealed and the following substituted:

             (a)  "archives" means The Rooms Provincial Archives referred to in section 21;

             (2)  Paragraph 2(c) of the Act is repealed and the following substituted:

             (c)  "art gallery" means The Rooms Provincial Art Gallery referred to in section 34;

             (3)  Paragraph 2(l) of the Act is repealed and the following substituted:

              (l)  "museum" means the The Rooms Provincial Museum referred to in section 30; and

 

        2. Paragraph 4(a) of the Act is amended by adding immediately after the word "present" a comma and the word "exhibit".

 

        3. (1) Subsection 7(4) of the Act is amended by striking out the words "a senior public servant" and substituting the words "the deputy minister or an assistant deputy minister".

             (2)  Subsection 7(5) of the Act is repealed and the following substituted:

             (5)  The chairperson shall appoint a vice-chair, treasurer and secretary from among the board members in consultation with the board.

          (5.1)  During the incapacity or absence of the chairperson or during a vacancy of the chairperson, the vice-chairperson has and may exercise the powers of the chairperson and shall perform his or her duties.

             (3)  Subsection 7(8) of the Act is repealed.

 

        4. Section 8 of the Act is amended by adding immediately after subsection (6) the following:

             (7)  The board may establish and incorporate a foundation for charitable purposes.

             (8)  A corporation established by the board under the authority of subsection (7) shall apply for charitable status under the Income Tax Act (Canada).

 

        5. Subsection 10(5) of the Act is amended by adding immediately after the word "minister" the words "in consultation with the chair".

 

        6. Subsection 18(3) of the Act is amended by striking out the comma after the word "may" and by striking out the words and comma "with the approval of the board,".

 

        7. Paragraph 20(b) of the Act is amended by striking out the words "Director of the Provincial Archives" and substituting the words "Director of The Rooms Provincial Archives".

 

        8. Subsection 21(1) of the Act is repealed and the following substituted:

Archives continued

      21. (1) The Provincial Archives of Newfoundland and Labrador is continued as The Rooms Provincial Archives and is a division of the corporation.

 

        9. Subsection 22(1) of the Act is amended by striking out the words "Director of the Provincial Archives" and substituting the words "Director of The Rooms Provincial Archives" and by striking out the comma immediately after the word "appointed" and by striking out the words and comma "with the approval of the board,".

 

      10. Section 29 of the Act is amended by striking out the words "Director of the Museum" and substituting the words "Director of The Rooms Provincial Museum".

 

      11. Subsection 30(1) of the Act is repealed and the following substituted:

Museum

      30. (1) The Provincial Museum of Newfoundland and Labrador is continued as The Rooms Provincial Museum and is a division of the corporation.

 

      12. Subsection 31(1) of the Act is amended by striking out the comma immediately after the word "appointed" and by striking out the words and comma "with the approval of the board,".

 

      13. Subsection 32(1) of the Act is amended by striking out the words "written approval of the chief executive officer" and substituting the words and comma "approval of the chief executive officer, the board of directors and the minister".

 

      14. Section 33 of the Act is amended by striking out the words "Director of the Art Gallery" and substituting the words "Director of The Rooms Provincial Art Gallery".

 

      15. Subsection 34(1) of the Act is repealed and the following substituted:

Art Gallery

      34. (1) The Art Gallery of Newfoundland and Labrador is continued as The Rooms Provincial Art Gallery and is a division of the corporation.

 

      16. Subsection 35(1) of the Act is amended by striking out the words "Director of the Art Gallery" and substituting the words "Director of The Rooms Provincial Art Gallery" and by striking out the comma immediately after the word "appointed" and by striking out the words and comma "with the approval of the board,".

 

      17. Subsection 36(1) of the Act is amended by striking out the words "written approval of the chief executive officer" and substituting the words and comma "approval of the chief executive officer, the board of directors and the minister".

RSNL1990 cH-4 Amdt.

      18. Paragraph 2(i) of the Historic Resources Act is repealed and the following substituted:

              (i)  "museum" means The Rooms Provincial Museum referred to in section 30 of the Rooms Act;

ŠEarl G. Tucker, Queen's Printer