1.   S.2 R&S
Definitions

        2.   S.3.1 R&S
Artist

        3.   S.5 Amdt.
Objects of council

        4.   S.6 R&S
Membership

        5.   S.7 Amdt.
Meetings and expenses

        6.   S.13 Amdt.
Registered charity

        7.   S.16 R&S
Regulations

        8.   RSNL1990 cP-43 Amdt.

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

RSNL1990 cA-17
as amended

        1. Section 2 of the Arts Council Act is repealed and the following substituted:

Definitions

        2. In this Act,

             (a)  "artist" means an artist referred to in section 3.1;

             (b)  "arts" means, except where the context indicates otherwise,

                      (i)  dance,

                     (ii)  film and video,

                    (iii)  Indigenous arts and practices,

                    (iv)  literary arts,

                     (v)  multi-disciplinary arts,

                    (vi)  music and sound,

                   (vii)  theatre and performing arts,

                  (viii)  visual arts, and

                    (ix)  other similar creative and interpretative works or activities;

             (c)  "arts administrator" means a person employed with an arts organization who facilitates operations and programming for the arts organization;

             (d)  "arts organization" means an organization whose primary activity is arts creation, arts presentation or arts programming;

             (e)  "council" means the Newfoundland and Labrador Arts Council referred to in section 4;

             (f)  "department" means the department presided over by the minister;

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

             (h)  "peer" means, in relation to an artist, an artist working in the same artistic field; and

              (i)  "specialized training" means

                      (i)  formal training at an educational institution,

                     (ii)  an apprenticeship, mentorship or other direct training from another artist,

                    (iii)  teachings within the practices of a person’s cultural traditions, or

                    (iv)  self-directed learning through the study of artistic works or techniques of other artists.

 

        2. Section 3.1 of the Act is repealed and the following substituted:

Artist

      3.1 A person shall be considered to be an artist for the purpose of this Act where the person 

             (a)  demonstrates an intention to develop the person's arts practice for purposes other than personal enjoyment;

             (b)  is recognized as an artist by the person's peers;

             (c)  demonstrates a history of

                      (i)  presenting the person's artistic works publicly,

                     (ii)  publishing the person's artistic works, or  

                    (iii)  engaging in the person's artistic practice in other public contexts; and

             (d)  has specialized training in the person's artistic field.

 

        3. Paragraph 5(b) of the Act is repealed and the following substituted: 

             (b)  help through grants and otherwise in the development of emerging and established artists and arts organizations in the province; and

 

        4. Section 6 of the Act is repealed and the following substituted:

Membership

        6. (1) The council shall consist of

             (a)  not fewer than 9 and not more than 11 members appointed by the Lieutenant-Governor in Council in accordance with subsections (3) and (4); and

             (b)  the assistant deputy minister responsible for arts in the department or the assistant deputy minister's designate, who shall be a non-voting member.

             (2)  The members of the council shall, subject to the approval of the minister, select one member to act as chairperson and 2 members to act as vice-chairpersons of the council.

             (3)  Members appointed by the Lieutenant-Governor in Council under paragraph (1)(a) shall be resident in the province.

             (4)  Not fewer than 7 of the members appointed under paragraph (1)(a) shall be artists or arts administrators.

             (5)  A member of the council may be appointed for a term which shall not exceed 3 years and is eligible for reappointment but shall not be a member for more than 2 consecutive terms.

             (6)  Notwithstanding subsection (5), a member of the council shall continue to hold office until the member is reappointed or replaced.

             (7)  A member of the council shall not serve on a committee that makes decisions respecting applications for funding.

             (8)  The minister shall, by regulation, establish guidelines respecting conflict of interest for members of the council relating to their

             (a)  eligibility to apply for funding from the council;

             (b)  involvement in the assessment of applications for funding; and

             (c)  approval of recommendations relating to the use or distribution of funding.

 

        5. Subsection 7(2) of the Act is amended by deleting the words "a scale for expenses of public servants" and substituting the words "guidelines established by the Lieutenant-Governor in Council".

 

        6. Subsection 13(4) of the Act is amended by deleting the number "1" and substituting the word "one".

 

        7. Section 16 of the Act is repealed and the following substituted:

Regulations

      16. The minister shall make regulations establishing guidelines for the purposes of subsection 6(8).

RSNL1990 cP-43 Amdt.

        8. Schedule C of the Public Service Commission Act is amended by deleting the statutory appointment reference "Arts Council Act, section 6" and substituting the statutory appointment reference "Arts Council Act, paragraph 6(1)(a)".

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