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RSNL1990 CHAPTER A-17

ARTS COUNCIL ACT

Amended:

1993 cD-19.1 s21; 2006 c40 s21; 2008 c35

CHAPTER A-17

AN ACT RESPECTING THE NEWFOUNDLAND AND LABRADOR ARTS COUNCIL

Analysis



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 the performing arts, film, video, writing, music, the visual arts and multi-media arts;

             (b)  "compensation " includes sales, fees, royalties, commissions, salaries, residuals, grants and awards;

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

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

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

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

             (g)  "public or peer recognition" includes

                      (i)  honours,

                     (ii)  awards,

                    (iii)  professional prizes,

                    (iv)  scholarships,

                     (v)  honourable mentions,

                    (vi)  appointments to adjudication committees or peer juries, and

                   (vii)  invitations to participate in group exhibitions or performances; and

             (h)  "promotion or marketing of works" includes attending auditions, seeking sponsorship, agents or engagements and similar activities appropriate to the nature of an artist's work.

2008 c35 s1

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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 creation and production of works in the arts in the province, the study and enjoyment of those works, and to encourage public awareness of the arts.

2008 c35 s2

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Professional artist

      3.1 A person shall be considered to be a professional artist for the purpose of this Act if that person satisfies 4 of the following criteria, including at least one of the criteria referred to in paragraphs (a) to (c):

             (a)  the person receives or has received compensation which can be included in professional or business income;

             (b)  the person has a record of income or loss relevant to the history of his or her work and appropriate to the span of his or her artistic career;

             (c)  the person has received public or peer recognition by publicly disseminated critical reviews or appraisals or by similar means;

             (d)  the person has presented his or her work to the public by means of exhibitions, publications, screenings, performances, readings or by other means appropriate to the nature of his or her work;

             (e)  the person is represented by a dealer, publisher, agent or similar professional representative appropriate to the nature of his or her work;

              (f)  the person devotes a reasonable proportion of his or her professional time to promoting or marketing of his or her work;

             (g)  the person

                      (i)  has received professional training in an educational institution from a practitioner recognized in his or her profession, or

                     (ii)  is self-taught within the established practices of the person's cultural traditions;

             (h)  the person has membership in a professional association, appropriate to his or her artistic activity,

                      (i)  whose membership is or categories of membership are limited under standards of the association, or

                     (ii)  which is a trade union or equivalent appropriate to his or her artistic activity; and

              (i)  the person holds copyright in his or her own work and has received royalty or residual payment based on that copyright.

2008 c35 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 creation and production of works in the arts, the study and enjoyment of those works, and, in particular, the council shall

             (a)  foster and promote through grants and otherwise the 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 and arts policy in the province.

2008 c35 s4

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Membership

        6. (1) The council shall consist of 13 members to be appointed by the Lieutenant-Governor in Council.

             (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)  The membership of the council shall provide geographic representation of the province and the council shall be comprised as follows:

             (a)  10 of the members appointed to the council shall be professional artists who provide sectoral representation of the arts community;

             (b)  2 members shall be community representatives with an interest in the arts; and

             (c)  one member shall be a non-voting representative from the department.

             (4)  Each member of the council may be appointed for a term of not longer than 3 years and is eligible for reappointment, but a member may not serve for more than 2 continuous terms.

             (5)  Notwithstanding subsection (4), a member of the council shall continue to hold office until he or she is reappointed or a new member is appointed.

             (6)  A person who holds office as a member of the council is not eligible for funding from the council during his or her term of office.

2008 c35 s5

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Meetings and expenses

        7. (1) The council shall meet at the call of the chairperson, not less frequently than 3 times a year.

             (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; 2008 c35 s6

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Staff

        8. (1) The council may, subject to the approval of the minister, appoint an executive director of the council, for whom the council shall provide remuneration out of its general funds.

             (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; 2008 c35 s7

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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 investment committee consisting of one member from the council designated by the council and 2 other persons appointed by the council, subject to the approval of the minister.

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

             (3)  [Rep. by 2008 c35 s10]

1980 c4 s10; 2008 c35 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 theIncome 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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Rep. by 2008 c35 s9

      15. [Rep. by 2008 c35 s9]

2008 c35 s9

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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