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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER P-40

AN ACT RESPECTING THE PUBLIC LIBRARY SERVICE IN THE PROVINCE

Analysis

1. Short title

2. Definitions

PART I
PROVINCIAL PUBLIC LIBRARIES BOARD

3. Provincial Public Libraries 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. Function of regional board

20. Estimate of money

PART III
ST. JOHN'S LIBRARY BOARD

21. St. John's Library Board

22. Composition of board

23. Advisory body

24. Estimate of money

25. Secretary of board

PART IV
LOCAL BOARDS

26. Local board

27. Name of board

28. Accountability of board

29. Regional resource board

PART V
GENERAL

30. Employee ineligible

31. Election of chairperson

32. Executive committee

33. Agreements

34. Meetings

35. Minutes

36. Agreements with school board

37. By-laws

38. Regulations

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 of Municipal and Provincial Affairs or other minister of the Crown that the Lieutenant-Governor in Council may by order designate for the administration of this Act;

(d) "provincial board" means the Provincial Public Libraries 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

PART I
PROVINCIAL PUBLIC LIBRARIES BOARD

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Provincial Public Libraries Board

3. The Provincial Public Libraries 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) a representative of the St. John's Library Board appointed by that board; and

(c) up to 8 other members appointed by the Lieutenant-Governor in Council.

1988 c38 s4

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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) The Public 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) The functions and responsibilities of a regional resource library shall be prescribed by the regulations.

(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

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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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Function of regional board

19. The functions and responsibilities of a regional library board shall be prescribed by the regulations.

1988 c38 s21

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Estimate of money

20. A regional library board shall, before a date specified by the provincial board, submit an estimate of the money required during the financial year to operate and manage the library system.

1988 c38 s22

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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Composition of board

22. (1) The St. John's Library Board shall consist of not less than 9 and not more than 12 members

(a) who shall live within the boundaries of the St. John's library system; and

(b) who shall be appointed by the provincial board.

(2) One of the members of the St. John's Library Board shall be a member of the St. John's Municipal Council.

1988 c38 s24

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Advisory body

23. The St. John's Library Board is an advisory body to the provincial board and the functions and responsibilities of the St. John's Library Board shall be prescribed by the regulations.

1988 c38 s25

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Estimate of money

24. The St. John's Library Board shall, before a date specified by the provincial board, submit an estimate of the money required during the financial year, to operate and manage the St. John's Library Board.

1988 c38 s26

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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, on the recommendation of a regional library board, 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 regional library board and, under the regulations and policies of the provincial board, shall be responsible for the development and maintenance of public library services in a community.

1988 c38 s30

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Regional resource board

29. A local board that represents a regional resource library designated under subsection 6(5) shall

(a) be known as a regional resource library board; and

(b) perform additional duties delegated to it by the regional library board, that are consistent with this Act and the regulations.

1988 c38 s31

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 chairperson

31. A board shall elect from among its members a chairperson and other officers in accordance with the regulations.

1988 c38 s33

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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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Agreements

33. Subject to the approval of the provincial board, a board may enter into agreements with school boards, councils and other agencies to share local facilities in order to provide library services to the residents of a community.

1988 c38 s35

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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 3 times a year.

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

1988 c38 s36

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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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Agreements with school board

36. With the approval of the provincial board, a local board may enter into agreements with a school board within the boundaries of the regional library system for joint school and public library services in accordance with the regulations of the provincial board.

1988 c38 s38

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By-laws

37. A board may pass by-laws, in accordance with the policies and regulations of the provincial board.

1988 c38 s39

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Regulations

38. (1) Subject to the approval of the minister, the provincial board may make regulations

(a) respecting the planning, provision and management of library services;

(b) governing the filing by boards of returns and reports;

(c) respecting the inspection of public libraries;

(d) prescribing conditions to be complied with by a school authority before joint services;

(e) governing the matters required to be dealt with in agreements for joint services and procedures to establish or expand libraries or library systems;

(f) respecting the disposition and transfer of library assets;

(g) providing for the administration of gifts or grants made to libraries;

(h) respecting the functions and responsibilities of a regional resource library, a regional library board, the regional resource board, a local board and the St. John's Library Board;

(i) respecting the passing of by-laws by a board established under this Act;

(j) prescribing the powers and duties of boards and regional library boards;

(k) respecting the conduct of business for the control of property, general funds and trust funds;

(l) respecting the holding of regular, special and annual meetings;

(m) respecting the election of an executive committee, its powers and quorum;

(n) respecting the establishment of other committees, powers and duties; and

(o) generally, to give effect to the purpose of this Act.

(2) Regulations made under this section are subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act.

(3) Regulations made under this section shall be printed and posted in every library to which they apply.

1988 c38 s40

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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

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