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Revised Statutes of Newfoundland 1990


CHAPTER A-17

AN ACT RESPECTING THE NEWFOUNDLAND AND LABRADOR ARTS COUNCIL

Analysis

1. Short title

2. Definitions

3. Purpose

4. Council

5. Objects of council

6. Membership

7. Meetings and expenses

8. Staff

9. Arts fund

10. Investment committee

11. Property

12. Donations

13. Registered charity

14. Audit

15. Report to House of
Assembly

16. Regulations


Short title

1. This Act may be cited as the Arts Council Act.

1980 c4 s1

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Definitions

2. In this Act

(a) "arts" include theatre, dance, folk arts, literature, music, painting, sculpture, the graphic arts, crafts, and other similar and interpretative activities;

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

(c) "department" means the Department of Municipal and Provincial Affairs; and

(d) "minister" means the Minister of Municipal and Provincial Affairs.

1980 c4 s2; 1981 c4 Sch F; 1989 c30 Sch B

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Purpose

3. The purpose of this Act is to continue the Newfoundland and Labrador Arts Council to foster and promote the study, enjoyment of and the production of works in the arts of the province and to encourage the preservation and public awareness of cultural heritage.

1980 c4 s3

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Council

4. The Newfoundland and Labrador Arts Council is continued as a corporation.

1980 c4 s4

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Objects of council

5. The objects of the council are to foster and promote the study and enjoyment of and the production of works in the arts, and in particular, the council shall

(a) foster and promote through grants and otherwise the traditional arts of the province and the arts of groups indigenous to the province;

(b) help through grants and otherwise in the development of provincial amateur and professional artists and art organizations; and

(c) advise the minister with respect to the development of arts in the province.

1980 c4 s5

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Membership

6. (1) The council shall consist of 12 members to be appointed by the Lieutenant-Governor in Council.

(2) The members of the council shall, subject to the approval of the Lieutenant-Governor in Council, select 1 member to act as chairperson and 1 member to act as vice-chairperson of the council.

(3) The members appointed to the council, 2 of whom shall be from the department, shall provide geographic representation of the province and include persons who receive a significant portion of their annual income from participation in the arts.

(4) The members of the council shall be appointed to hold office during the following terms:

(a) 5 members to hold office for 3 years after the date of their appointment;

(b) 5 members to hold office for 2 years after the date of their appointment;

(c) 2 members who are selected from the department to hold office during pleasure,

and the Lieutenant-Governor in Council shall on expiration of the terms of office of the members so appointed and at intervals of 3 years after that appoint a corresponding number of directors to hold office for a term of 3 years.

(5) Retiring members are eligible for reappointment.

(6) A person who holds office as a member of the council is not eligible for funding from the council during the term of office for which he or she was appointed.

1980 c4 s6

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Meetings and expenses

7. (1) The council shall meet at the call of the chairperson, not less frequently than bi-monthly.

(2) Members of the council shall be reimbursed by the council for expenses incurred in relation to meetings and the work of the council in accordance with a scale for expenses of public servants.

(3) The expenses of the council shall be defrayed out of money appropriated for that purpose by the Legislature.

1980 c4 s7

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Staff

8. (1) The Lieutenant-Governor in Council, on the recommendation of the council, may appoint an executive director of the council for whom the council shall provide remuneration out of the general funds of the council.

(2) The council may employ in the manner provided by law and provide remuneration out of the general funds of the council for those employees that are considered necessary by the council for the purpose of this Act.

1980 c4 s8

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Arts fund

9. (1) The council shall establish a fund to be called the arts fund, to which shall be credited the sum of money that may be paid to the council for that purpose out of the Consolidated Revenue Fund from money appropriated by the Legislature.

(2) The council may in relation to the money standing to the credit of the arts fund spend only the interest earned as a result of investing that money.

1980 c4 s9

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Investment committee

10. (1) There shall be an investments committee consisting of the chairperson of the council, a member of the council designated by the council and 3 other persons appointed by the Lieutenant-Governor in Council.

(2) The investments committee shall help and advise the council in making, managing and disposing of investments made under this Act.

(3) The members of the investments committee appointed by the Lieutenant-Governor in Council may be paid by the council for their services the remuneration and expenses that are fixed by the Lieutenant-Governor in Council.

1980 c4 s10

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Property

11. (1) The council may, for the purpose of this Act, acquire, hold, manage and dispose of real and personal property and on the advice of the investments committee may invest money standing to the credit of the arts fund in the investments that are authorized investments for a trustee under the Trustee Act or in the investments that are specifically approved by the Lieutenant-Governor in Council and may hold, manage and dispose of the investments.

(2) The proceeds of a sale or other disposition of an investment made out of the arts fund shall be credited to that fund.

1980 c4 s11

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Donations

12. (1) The council may acquire money, securities and other property by gift, bequest or otherwise and may spend, administer or dispose of the money, securities or other property not forming part of the arts fund, subject to the terms upon which the money, securities or other property was given, bequeathed or otherwise made available to the council.

(2) Where money is received by the council by gift, bequest or otherwise and there are no terms upon which the money was given, the money shall be credited to the arts fund.

1980 c4 s12

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Registered charity

13. (1) The chairperson of the council shall apply on behalf of the council to be a registered charity for the purposes of the Income Tax Act (Canada).

(2) The council shall be carried on without purpose of financial gain for its members and profits or other accretions to the council shall be used in promoting its objects.

(3) A right, privilege, benefit or advantage may not accrue to a member of the council by reason only of that membership.

(4) On a winding-up of the council assets of the council shall be distributed to 1 or more registered charities.

1980 c4 s13

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Audit

14. (1) The accounts and financial transactions of the council are subject to the Financial Administration Act.

(2) The financial year of the council shall be as defined in the Financial Administration Act.

1980 c4 s14

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Report to House of Assembly

15. (1) The chairperson of the council shall, within 3 months after the termination of each financial year, submit to the minister a report of its proceedings under this Act for that financial year, including the financial statement, and the auditor general's report on it.

(2) The report referred to in subsection (1) shall include a summary of the state of the arts in the province and recommendations the chairperson may have in relation to it.

(3) The minister shall lay reports submitted under this section before the House of Assembly within 15 days after the receipt of them or, if the House of Assembly is not then sitting, within the 1st 15 days of the next sitting.

1980 c4 s15

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Regulations

16. The council may, with the approval of the Lieutenant-Governor in Council, make regulations

(a) respecting the information to be provided by applicants for grants and the procedure to be followed in applying for grants and in giving grants; and

(b) respecting reports or other information to be supplied by persons to whom grants have been given.

1980 c4 s16

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