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Statutes of Newfoundland and Labrador 2005


Statutes of Newfoundland and Labrador 2005 Chapter R-15.1

CHAPTER R-15.1

AN ACT RESPECTING THE ROOMS CORPORATION

(Assented to May 19, 2005)

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††††††††† PART I
ROOMS CORPORATION

††††††† 3. Corporation

††††††† 4. Objects of corporation

††††††† 5. Status of corporation

††††††† 6. Powers of corporation

††††††† 7. Board

††††††† 8. Board powers and duties

††††††† 9. By-laws

††††† 10. Chief executive officer

††††† 11. Financial year

††††† 12. Payments to corporation

††††† 13. Short term loans

††††† 14. Minutes to be kept

††††† 15. Auditor

††††† 16. Head office

††††† 17. Public service

††††† 18. Structure of corporation

††††† 19. Offence

††††††††††††† PART II
ARCHIVES

††††† 20. Definitions

††††† 21. Archives continued

††††† 22. Archives director

††††† 23. Records access

††††† 24. Restriction

††††† 25. Copies

††††† 26. Public records committee

††††† 27. Removal and destruction of records

††††† 28. Dispute

††††††††††††† PART III
MUSEUM

††††† 29. Definitions

††††† 30. Museum

††††† 31. Museum director

††††† 32. Destruction prohibited

††††††††††††† PART IV
ART GALLERY

††††† 33. Definitions

††††† 34. Art Gallery

††††† 35. Art Gallery director

††††† 36. Destruction prohibited

††††††††††††† PART V
REGULATIONS

††††† 37. Regulations

††††††††††††† PART VI
CONSEQUENTIAL AMENDMENTS

††††† 38. RSNL1990 cH-4 Amdt.



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


 

Short title

††††††† 1. This Act may be cited as the Rooms Act.

Definitions

††††††† 2. In this Act

†††††††††††† (a)"archives" means the Provincial Archives of Newfoundland and Labrador continued as a division of the corporation under section 21;

†††††††††††† (b)"art" means a work produced by the conscious use of a personís skill and imagination that may incorporate aesthetic ideas and objects;

†††††††††††† (c)"art gallery" means the Art Gallery of Newfoundland and Labrador established under section 34;

†††††††††††† (d)"auditor general" means the Auditor General of Newfoundland and Labrador appointed under the Auditor General Act and includes all employees acting under the auditor generalís direction;

†††††††††††† (e)"board" means the board of directors of the corporation established under section 7;

††††††††††††† (f)"chief executive officer" means the Chief Executive Officer appointed under section 10;

†††††††††††† (g)"corporation" means The Rooms Corporation of Newfoundland and Labrador established under section 3;

†††††††††††† (h)"department", unless the context indicates otherwise, means the department presided over by the minister;

††††††††††††† (i)"division" means a division of the corporation referred to in section 18;

††††††††††††† (j)"historic artifact" means a work of nature or of humans that is primarily of value for its archaeological, palaeontological, prehistoric, historic, cultural, natural, scientific or aesthetic interest;

†††††††††††† (k)"minister", unless the context indicates otherwise, means the minister appointed under the Executive Council Act to be responsible for this Act;

††††††††††††† (l)"museum" means the Provincial Museum of Newfoundland and Labrador continued as a division of the corporation under section 30; and

††††††††††† (m)"record" means correspondence, a memorandum, form, paper, parchment, manuscript, map, plan, drawing, painting, print, photograph, magnetic tape, computer disc, electronically produced document, microform and all other documentary material regardless of physical form or characteristic.

PART I
ROOMS CORPORATION

Corporation

††††††† 3. (1) There is established as a corporation The Rooms Corporation of Newfoundland and Labrador, in this Act referred to as the corporation.

†††††††††††† (2)The corporation shall assume title to and shall be vested with all of the rights, liabilities, assets and property of The Rooms Corporation of Newfoundland and Labrador Inc. established as a corporation under the Corporations Act.

†††††††††††† (3)The Corporations Act shall not apply to the corporation.

Objects of corporation

††††††† 4. The objects of the corporation are to

†††††††††††† (a)collect, preserve, present and make available for research the historic artifacts, natural history specimens and archival records that represent and illustrate the significant history, culture and natural heritage of the province;

†††††††††††† (b)conduct research with respect to the history, natural history, culture and heritage of the province for the purposes of paragraph (a);

†††††††††††† (c)collect and present provincial, national and international contemporary and historic art;

†††††††††††† (d)advance and promote the works of contemporary visual artists of the province;

†††††††††††† (e)support the development of cultural industries in the province;

††††††††††††† (f)strengthen the culture of the province; and

†††††††††††† (g)provide and enhance client services and partnerships to promote the cultural collections of the province and to show other national and international collections.

Status of corporation

††††††† 5. (1) The corporation is an agent of the Crown.

†††††††††††† (2)Property shall be acquired in the name of the corporation.

†††††††††††† (3)Title to the property of the corporation shall be held in the name of the corporation and shall be the property of the Crown.

Powers of corporation

††††††† 6. (1) In carrying out its objects under this Act, the corporation may

†††††††††††† (a)acquire by purchase or lease real, personal, movable and immovable property, including securities and hold, manage or dispose of them as the corporation may determine;

†††††††††††† (b)acquire by gift, bequest or devise real, personal, movable and immovable property, including securities and expend, administer or dispose of that property, subject to terms, if any, on which that property was given, bequeathed or devised to the corporation;

†††††††††††† (c)enter into partnership, sponsorship and other contractual agreements that further the objects of the corporation;

†††††††††††† (d)lease its property;

†††††††††††† (e)operate restaurants, special events, parking facilities, shops and other facilities for the use of the public and lease or otherwise make available, on terms and conditions that the corporation considers appropriate, those facilities or space;

††††††††††††† (f)expend money appropriated by the Legislature of the province for the purposes of the corporation;

†††††††††††† (g)expend money received by the corporation from its operations including money received by it from leasing or otherwise making available facilities or space referred to in paragraph (e);

†††††††††††† (h)establish classes of membership for the support of the corporation and its divisions and for that purpose may establish fee, donation and support amounts applicable to those classes;

††††††††††††† (i)charge fees for the purposes of the operation of the divisions and facilities of the corporation; and

††††††††††††† (j)generally, do and authorize those things that the corporation considers necessary for the attainment of its objects and the exercise of the powers of the corporation.

†††††††††††† (2)Property acquired by the corporation under paragraphs (1)(a) and (b) shall be acquired or accepted subject to the advice and direction of the director of a division established under Part II, III or IV intended to have the care and control of that property.

†††††††††††† (3)Notwithstanding paragraphs (1)(a) and (b), the corporation shall not acquire or sell real property without the prior consent, in writing, of the minister.

†††††††††††† (4)The corporation or a division of the corporation may conduct activities jointly with the department and may enter into agreements with respect to the shared funding of activities.

†††††††††††† (5)The deputy minister of the department may request that the corporation or a division of the corporation provide professional expertise and technical services to the department and the corporation or division shall comply with that request.

†††††††††††† (6)The corporation may apply for an order under the Rules of the Supreme Court, 1986 for the recovery of records, historic artifacts, art or other property to which the corporation is entitled.

Board

††††††† 7. (1) The Lieutenant-Governor in Council shall appoint a board of directors of the corporation consisting of not fewer than 11 members.

†††††††††††† (2)The minister may advertise for applications from interested members of the public and the Lieutenant-Governor in Council may appoint to the board one or more persons from among those applying under this section.

†††††††††††† (3)The minister shall designate one member of the board to be the chairperson.

†††††††††††† (4)One member of the board appointed under subsection (1) shall be a senior public servant of the department.

†††††††††††† (5)The board shall elect from among its members one person to act as vice chairperson in the absence of the chairperson.

†††††††††††† (6)A member of the board shall hold office for 3 years and may be reappointed for a second term of 3 years.

†††††††††††† (7)Notwithstanding subsection (6), a member shall continue as a member of the board until he or she is reappointed or replaced.

†††††††††††† (8)Notwithstanding subsections (1) to (7), upon the coming into force of this Act, the members of the board of directors of The Rooms Corporation of Newfoundland and Labrador Inc. shall continue as members of the board under this Act and their terms of office shall be as established upon their appointment before the coming into force of this Act.

†††††††††††† (9)Notwithstanding subsection (1), a vacancy on the board does not impair the authority of the other members to conduct the affairs of the board and of the corporation.

†††††††††† (10)Where a board member

†††††††††††† (a)misses a number of meetings, as prescribed in the by-laws, of the board; or

†††††††††††† (b)conducts himself or herself in a manner that is contrary to the by-laws,

his or her position as a member of the board may be declared to be vacant by a majority vote of the members of the board and the Lieutenant-Governor in Council shall fill that position where the absence of that director would bring the number of board members to fewer than 11.

†††††††††† (11)A board member is not entitled to remuneration for his or her services but may be reimbursed by the corporation for reasonable expenses incurred in the performance of his or her duties in accordance with a scale for expenses for public employees.

Board powers and duties

††††††† 8. (1) The board has those powers and shall carry out those duties conferred or required under this Act or another Act of the province and shall implement the policies, systems and programs approved and directed by the minister and the Treasury Board.

†††††††††††† (2)The board has the general management of the corporation and may exercise the powers of the corporation.

†††††††††††† (3)The chairperson shall preside over all meetings of the board but during his or her absence or vacancy from the office of chairperson, the vice chairperson or another member elected by the board shall preside over meetings and may exercise the powers of the chairperson at that meeting.

†††††††††††† (4)The board may employ directors, managers, staff and employees of the corporation in the manner permitted by law as is considered necessary for the operations and purposes of the corporation in accordance with the budget approved by the minister for the financial year in which the chief executive officer, directors, managers, staff and other employees are employed with the corporation.

†††††††††††† (5)The board may appoint those committees consisting of members of the board or other persons that the board considers necessary for the management of the affairs of the corporation.

†††††††††††† (6)The board may establish and administer a fund for the purpose of supporting, preserving, acquiring and presenting collections for the corporation and its divisions and for the purpose of conducting programs and educating the public with respect to cultural resources that are determined by the corporation and the directors of its divisions to be of significance to the province.

By-laws

††††††† 9. (1) The board shall adopt the by-laws of The Rooms Corporation of Newfoundland and Labrador Inc. referred to in subsection 3(2) and may, subject to the approval of the minister, amend its by-laws and make other by-laws

†††††††††††† (a)for the regulation of its proceedings;

†††††††††††† (b)for the establishment of special and standing committees of the board, the delegation to those committees of its duties and the fixing of a quorum for meetings of those committees;

†††††††††††† (c)for the establishment of advisory committees consisting of members of the board and persons other than those members; and

†††††††††††† (d)generally for the conduct and management of its activities.

†††††††††††† (2)Where the by-laws conflict with this Act, this Act shall prevail.

Chief executive officer

††††† 10. (1) The Lieutenant-Governor in Council shall, upon the recommendation of the minister and the board, appoint a Chief Executive Officer of the corporation who shall hold office on the terms and conditions established by the Lieutenant-Governor in Council.

†††††††††††† (2)The chief executive officer

†††††††††††† (a)is responsible for the human resources, general direction, supervision and control of the finances and other business of the corporation and of the divisions of the corporation;

†††††††††††† (b)shall, on the direction of the board, consult with the public with respect to the strategic plan and the ongoing activities and operations of the corporation;

†††††††††††† (c)shall, on the direction of the board, attend meetings of the board;

†††††††††††† (d)shall operate under the direction of the board; and

†††††††††††† (e)has those other powers that may be conferred on him or her under this Act.

†††††††††††† (3)The general management, regulation and control of the archives, museum, art gallery and divisions of the corporation established under subsection 18(2) shall be exercised by the chief executive officer.

†††††††††††† (4)Notwithstanding another provision of this Act, the chief executive officer may, for the objects of the corporation, require the sharing of expertise and a co-ordination of effort among divisions with respect to the planning, exhibition and delivery of exhibit and educational services of the divisions.

†††††††††††† (5)If the chief executive officer is absent or unable to perform the duties of his or her office or that office is vacant, the minister may authorise a person to act as chief executive officer until the chief executive officer returns or is replaced.

Financial year

††††† 11. The financial year of the corporation shall correspond with the financial year of the government of the province.

Payments to corporation

††††† 12. The Minister of Finance may, from money voted by the Legislature for the purpose, make available and pay to the corporation funds for the proper carrying out of its powers, functions and duties.

Short term loans

††††† 13. (1) The corporation may raise short-term loans

†††††††††††† (a)in the manner and form;

†††††††††††† (b)in the amounts;

†††††††††††† (c)in the currencies;

†††††††††††† (d)for a period not exceeding 2 years;

†††††††††††† (e)at the rates of interest, including interest on overdue interest; and

††††††††††††† (f)on the conditions, including conditions relating to discounts, premiums, charges and commissions,

that the corporation may determine.

†††††††††††† (2)The total of short term loans raised under subsection (1) and outstanding shall not exceed a limit or a purpose to be fixed by the Lieutenant-Governor in Council, and it is the duty of the minister to ensure that this total or purpose is not exceeded.

†††††††††††† (3)The Minister of Finance may unconditionally guarantee the

†††††††††††† (a)repayment of a sum raised under subsection (1);

†††††††††††† (b)payment of interest on a sum raised under subsection (1), including interest on overdue interest; and

†††††††††††† (c)payment of a premium.

†††††††††††† (4)The guarantees made under subsection (3) shall not exceed a limit to be fixed by the Lieutenant-Governor in Council, and it is the duty of the minister to see that this total is not exceeded.

†††††††††††† (5)A guarantee given under this section shall be in the form that the Minister of Finance approves and shall be signed on behalf of the province by the Minister of Finance.

†††††††††††† (6)Notwithstanding paragraph (1)(d), the corporation may, with the prior approval of the Lieutenant-Governor in Council, raise a short-term loan under this section for a period of more than 2 years.

Minutes to be kept

††††† 14. The members of the board shall ensure that regular minutes of the meetings of the board are kept, and shall ensure that complete books of account and records are kept.

Auditor

††††† 15. (1) The corporation shall appoint the auditor general to audit the annual financial statements of the corporation.

†††††††††††† (2)For the purpose of an audit, examination or investigation of the corporation conducted by the auditor general the corporation shall, upon request,

†††††††††††† (a)deliver to the auditor general the financial statements of the corporation;

†††††††††††† (b)make available to the auditor general all working papers, reports, schedules and other documents required for the audit; and

†††††††††††† (c)provide to the auditor general a full explanation of work performed, tests and examinations made and the results obtained, and other information the auditor general may require.

Head office

††††† 16. The head office of the corporation shall be at the City of St. Johnís in the province.

Public service

††††† 17. The chief executive officer and employees of the corporation shall be considered to be employed in the public service for the purposes of the Public Service Pensions Act, 1991 and the Public Service Collective Bargaining Act shall apply to employees of the corporation.

Structure of corporation

††††† 18. (1) There shall be divisions of the corporation as established under Parts II, III and IV of this Act.

†††††††††††† (2)Notwithstanding subsection (1), the board may establish other divisions that the board considers necessary for the administration and operation of the corporation.

†††††††††††† (3)The chief executive officer may, with the approval of the board, appoint a director for a division established by the board under subsection (2).

Offence

††††† 19. (1) A person who contravenes a provision of this Act or a regulation made under this Act, commits an offence and is liable on summary conviction to a fine of not less than $1,000 and not more than $50,000 and in default of payment to imprisonment for a term of not fewer than 3 months and not more than 18 months or to both a fine and imprisonment.

†††††††††††† (2)In addition to a penalty imposed under subsection (1) a judge may make an order that

†††††††††††† (a)the offender convicted of an offence under subsection (1) pay a fine equal to the judgeís estimated amount of monetary benefit that accrued to the offender as a result of his or her offence;

†††††††††††† (b)the offender convicted of an offence under subsection (1) pay a fine equal to the judgeís estimated amount necessary to restore and repair a record, historic artifact, natural history specimen or art damaged or altered during or as a consequence of the commission of the offence; and

†††††††††††† (c)a record, historic artifact, natural history specimen or art that is the subject of an offence be returned to the possession of the corporation.

†††††††††††† (3)Money paid into court as a result of an order under subsection (2) shall be paid out of the court to the corporation.

PART II
ARCHIVES

Definitions

††††† 20. In this Part

†††††††††††† (a)"committee" means the committee established under section 26;

†††††††††††† (b)"director", unless the context indicates otherwise, means the Director of the Provincial Archives appointed under section 22;

†††††††††††† (c)"public body" means

††††††††††††††††††††† (i)a department created under the Executive Council Act or a branch of the executive government of the province,

†††††††††††††††††††† (ii)a corporation, the ownership of which, or a majority of shares of which is vested in the Crown,

††††††††††††††††††† (iii)a corporation, commission, board or other body, the majority of the members of which, or the majority of members of the board of directors of which are appointed under an Act of the province, the Lieutenant-Governor in Council or a minister of the Crown,

††††††††††††††††††† (iv)a court established under an Act of the province, and

†††††††††††††††††††† (v)the House of Assembly and committees of the House of Assembly;

†††††††††††† (d)"public record" means a record created by or received by a public body in the conduct of its affairs except a copy of a record created only for convenience of reference and surplus copies of electronically produced, mimeographed, multilithed, printed or processed circulars and memoranda; and

†††††††††††† (e)"record management" means a program of record and information management instituted to provide an economical and efficient system for the creation, maintenance, retrieval and disposal of public records.

Archives continued

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

†††††††††††† (2)The corporation shall assume for the archives all the rights, liabilities, assets and property of the Provincial Archives of Newfoundland and Labrador.

†††††††††††† (3)The archives shall include all records in the care and control of the director.

†††††††††††† (4)The archives shall be the official repository for the archival records of public bodies.

†††††††††††† (5)Unless otherwise is demonstrated or agreed upon between the owner of the record and the director, records in the archives are the property of the Crown.

†††††††††††† (6)Notwithstanding subsection (4), where a public body produces, prints, publishes or releases a document for general or limited distribution to the public, that public body shall deposit that document with the Legislative Library of the House of Assembly.

†††††††††††† (7)Where the Director of Information Management for the House of Assembly considers a

†††††††††††† (a)document referred to in subsection (6); or

†††††††††††† (b)record,

that is deposited with the Legislative Library to be a public record, that Director shall ensure that the document or record is transferred to the archives.

†††††††††††† (8)Where the director has received a public record that he or she is of the opinion is a document as described in subsection (6), that director shall transfer that document to the Legislative Library of the House of Assembly.

Archives director

††††† 22. (1) There shall be a Director of the Provincial Archives who shall be the provincial archivist for the province and who shall be appointed, with the approval of the board, by the chief executive officer and employed in the manner permitted by law.

†††††††††††† (2)The director shall

†††††††††††† (a)have the care and control of the archives and shall develop the programs of the archives;

†††††††††††† (b)consult and co-operate with the person referred to in subsection 5(3) of the Management of Information Act to ensure the efficient implementation of information management policies and procedures and the preservation of archival public records;

†††††††††††† (c)be responsible for a provincial records centre that maintains public records until they are transferred to and stored in the archives, destroyed or otherwise disposed of;

†††††††††††† (d)make records available to the general public where in his or her opinion the physical condition of those records makes that availability feasible;

†††††††††††† (e)preserve records that the director considers to be of significance to the province;

††††††††††††† (f)discover, collect, manage and preserve records having a bearing upon the history of the province including records originating from private sources;

†††††††††††† (g)arrange and describe all records in his or her care and control;

†††††††††††† (h)subject to the approval of the chief executive officer, dispose of records as required and in accordance with record disposal standards and recommendations of the committee;

††††††††††††† (i)operate the archives within the budget allocated by the board to the archives; and

††††††††††††† (j)perform those other duties that are necessary to the functioning of the archives.

Records access

††††† 23. Except where otherwise prohibited

†††††††††††† (a)under a law of the province;

†††††††††††† (b)by reason of the physical condition of the record;

†††††††††††† (c)by order of the Lieutenant-Governor in Council;

†††††††††††† (d)under the terms and conditions of an agreement, bequest or other gift; or

†††††††††††† (e)at the request, in writing, of the public body that has given the records to the archives,

records in the archives are available for public inspection.

Restriction

††††† 24. (1) A public body that wishes to respond to a request under section 8 of the Access to Information and Protection of Privacy Act with respect to a public record that it intends to transfer to the archives shall transfer that record to the archives with instructions, in writing, that all requests for access to that record be transferred to it in accordance with section 17 of the Access to Information and Protection of Privacy Act, and the Access to Information and Protection of Privacy Act shall apply to that record as if it was still under the care and control of that public body.

†††††††††††† (2)Where, in accordance with subsection (1), the director receives instructions from a public body to restrict access to a public record, the director shall comply with those instructions.

Copies

††††† 25. The signature of the director on a copy of a record is proof of the fact that the record exists and is lawfully in the directorís possession and a copy so signed is a true copy of the original record.

Public records committee

††††† 26. (1) There shall be a committee to be known as the Public Records Committee consisting of the

†††††††††††† (a)director;

†††††††††††† (b)Deputy Minister of Justice or a person designated by him or her to act on his or her behalf;

†††††††††††† (c)Deputy Minister of Finance or a person designated by him or her to act on his or her behalf;

†††††††††††† (d)auditor general or a person designated by him or her to act on his or her behalf;

†††††††††††† (e)chief executive officer;

††††††††††††† (f)person appointed or employed under subsection 5(2) of the Management of Information Act to be responsible for information and records management; and

†††††††††††† (g)those other persons whom the minister may appoint.

†††††††††††† (2)The person appointed under subsection (1)(e) or a person designated by him or her to act on his or her behalf shall be the chairperson of the committee.

†††††††††††† (3)The committee shall designate from among its members, a person who shall be the secretary for the committee.

†††††††††††† (4)The archives shall provide administrative support for the committee in order to assist that committee in executing its powers and duties.

†††††††††††† (5)The committee may

†††††††††††† (a)establish and revise schedules for the retention, disposal, destruction or transfer of records including those in the care and control of the person responsible for the care and control of information and public records management for the government of the province under the Management of Information Act;

†††††††††††† (b)make recommendations to the minister respecting public records to be forwarded to the archives;

†††††††††††† (c)establish disposal and destruction standards and guidelines for the lawful disposal and destruction of public records; and

†††††††††††† (d)make recommendations to the minister regarding the removal, disposal and destruction of records.

†††††††††††† (6)A decision of a majority of the members of the committee shall be the decision of the committee.

Removal and destruction of records

††††† 27. (1) The minister may, after considering recommendations of the committee under subsection 26(5), direct the removal, disposal or destruction of records.

†††††††††††† (2)Records shall not be destroyed or removed from the ownership or control of the Crown unless that destruction or removal is authorized by the minister.

Dispute

††††† 28.  Where a dispute arises between a public body and the committee with respect to the

†††††††††††† (a)adoption or operation of a disposal schedule; or

†††††††††††† (b)destruction or disposal of public records,

the committee may submit the matter to the minister who may, by order, issue directions with respect to the dispute.

PART III
MUSEUM

Definitions

††††† 29.  In this Part, "director" means the Director of the Museum appointed under section 31.

Museum

††††† 30. (1) The Newfoundland and Labrador Museum is continued as a division of the corporation under this Act under the name of the Provincial Museum of Newfoundland and Labrador.

†††††††††††† (2)The corporation shall assume for the museum all the rights, liabilities, assets and property of the Newfoundland and Labrador Museum.

†††††††††††† (3)The museum shall include all the historic artifacts and natural history specimens in the care and control of the director.

†††††††††††† (4)The purpose of the museum is to

†††††††††††† (a)collect, catalogue, conserve, preserve, study and exhibit historic artifacts and natural history specimens of significance to the province; and

†††††††††††† (b)enlighten and educate people respecting the history of the province.

†††††††††††† (5)Unless otherwise is demonstrated or agreed upon between the owner of the artifact or specimen and the director, historic artifacts and natural history specimens in the museum are the property of the Crown.

Museum director

††††† 31. (1) There shall be a director of the museum who shall be appointed, with the approval of the board, by the chief executive officer and employed in the manner permitted by law.

†††††††††††† (2)The director shall

†††††††††††† (a)have the care and control of the museum and shall develop the programs of the museum;

†††††††††††† (b)make historic artifacts and natural history specimens under his or her control available to the general public where in his or her opinion the physical condition of those artifacts and specimens makes that availability feasible;

†††††††††††† (c)exhibit in the province historic artifacts and natural history specimens;

†††††††††††† (d)acquire, discover, collect, manage and preserve historic artifacts and natural history specimens having a bearing upon the history of the province;

†††††††††††† (e)operate the museum within the budget allocated by the board to the museum; and

††††††††††††† (f)perform those other duties that are necessary to the functioning of the museum.

†††††††††††† (3)The director may

†††††††††††† (a)lend historic artifacts and natural history specimens that are the property of the Crown to other institutions inside and outside the province;

†††††††††††† (b)borrow historic artifacts and natural history specimens from other institutions inside and outside the province;

†††††††††††† (c)enter into custodial and other agreements for the loan, lease or borrowing of historic artifacts and natural history specimens for the purposes of the museum; and

†††††††††††† (d)enter into exhibition agreements for historic artifacts and natural history specimens for the purposes of the museum.

Destruction prohibited

††††† 32. (1) A person shall not, except with the written consent of the director and the written approval of the chief executive officer, move, destroy, alter or interfere with, remove from the corporation or agree to remove from the corporation, an historic artifact or natural history specimen that is in the care and control of the director.

†††††††††††† (2)Notwithstanding subsection (1), a person may move and remove an historic artifact or natural history specimen in accordance with a loan or lease agreement entered into by the director in the normal course of the operations of the museum.

PART IV
ART GALLERY

Definitions

††††† 33. In this Part, "director" means the Director of the Art Gallery appointed under section 35.

Art Gallery

††††† 34. (1) There is established, as a division of the corporation, the Art Gallery of Newfoundland and Labrador.

†††††††††††† (2)The art gallery shall include the art under the care and control of the director.

†††††††††††† (3)The purpose of the art gallery is to

†††††††††††† (a)present and interpret art with a strong but not exclusive focus on the province and to reflect the culture of the province;

†††††††††††† (b)research, present and interpret art in a professional manner;

†††††††††††† (c)educate, publish and advocate with respect to art;

†††††††††††† (d)exhibit the works of contemporary and historic artists of the province, Canada and elsewhere;

†††††††††††† (e)enter into lease and loan agreements for the exhibition of art under the control of the art gallery;

††††††††††††† (f)extend expertise in art to communities in the province; and

†††††††††††† (g)expand access to art, especially art created by artists of the province to audiences within and outside the province.

Art Gallery director

††††† 35. (1) There shall be a Director of the Art Gallery for the province who shall be appointed, with the approval of the board, by the chief executive officer and employed in the manner permitted by law.

†††††††††††† (2)The director shall

†††††††††††† (a)have the care and control of the art gallery;

†††††††††††† (b)make art under his or her control available to the public through exhibition in the province and by loan or lease to other jurisdictions outside the province where in his or her opinion the physical condition of that art makes that availability feasible;

†††††††††††† (c)recommend the acquisition of art by the corporation;

†††††††††††† (d)arrange for the exhibit of art created both in and outside the province;

†††††††††††† (e)develop and maintain a collections policy and procedures based upon national standards for the art under the care and control of the art gallery;

††††††††††††† (f)operate the art gallery within the budget allocated by the board to the art gallery; and

†††††††††††† (g)perform those other duties that are necessary to the functioning of the art gallery.

†††††††††††† (3)The director may

†††††††††††† (a)subject to an agreement lend art under the care and control of the art gallery to and borrow art from other institutions and individuals both in and outside the province;

†††††††††††† (b)enter into custodial agreements for the loan, lease and borrowing of art; and

†††††††††††† (c)enter into lease and loan agreements for the exhibition of art under the control of the art gallery.

Destruction prohibited

††††† 36. (1) A person shall not, except with the written consent of the director and the written approval of the chief executive officer, move, destroy, alter or interfere with, remove from the corporation or agree to the remove from the corporation art that is in the care and control of the director.

†††††††††††† (2)Notwithstanding subsection (1), a person may move and remove art in accordance with a loan or lease agreement entered into by the director in the normal course of the operations of the art gallery.

PART V
REGULATIONS

Regulations

††††† 37. The Lieutenant-Governor in Council may make regulations

†††††††††††† (a)respecting the operation and management of the archives, museum, art gallery and other divisions of the corporation;

†††††††††††† (b)respecting the establishment and administration of a fund for the purposes of the corporation and divisions of the corporation;

†††††††††††† (c)defining a word for the purposes of this Act where that word is not defined in the Act;

†††††††††††† (d)respecting the acquisition, lending and leasing of records, art, historic artifacts and natural history specimens by and of the corporation and divisions of the corporation;

†††††††††††† (e)respecting the acquisition and holding of property;

††††††††††††† (f)respecting the procedures and duties of the committee established under Part II;

†††††††††††† (g)respecting the preservation and protection of records, art, historic artifacts and natural history specimens of the corporation and divisions of the corporation; and

†††††††††††† (h)generally to carry out the purposes of this Act.

PART VI
CONSEQUENTIAL AMENDMENTS

RSNL1990 cH-4 Amdt.

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

††††††††††††† (i)"museum" means the Provincial Museum of Newfoundland and Labrador continued under section 30 of the Rooms Act;

†††††††††††† (2)Section 7 of the Act is repealed.

†††††††††††† (3)Subsection 14(4) of the Act is amended by deleting the words "for the museum or for other purposes".

†††††††††††† (4)Paragraphs 33(a) and (b) of the Act are repealed.