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SNL2005 CHAPTER R-15.1

ROOMS ACT

Amended:

2008 c55; 2008 c59

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

   
25.1   Destruction prohibited

     
26.   Rep. by 2008 c55 s6

     
27.   Rep. by 2008 c55 s6

     
28.   Rep. by 2008 c55 s6

              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 .

2005 cR-15.1 s1

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Definitions

        2. In this Act

             (a)  "archives" means The Rooms Provincial Archives referred to in section 21;

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

             (c)  "art gallery" means The Rooms Provincial Art Gallery referred to in 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 general’s 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 The Rooms Provincial Museum referred to in 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.

2005 cR-15.1 s2; 2008 c59 s1

PART I
ROOMS CORPORATION

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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.

2005 cR-15.1 s3

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Objects of corporation

        4. The objects of the corporation are to

             (a)  collect, preserve, present, exhibit 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.

2005 cR-15.1 s4; 2008 c59 s2

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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.

2005 cR-15.1 s5

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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.

2005 cR-15.1 s6

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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 the deputy minister or an assistant deputy minister of the department.

             (5)  The chairperson shall appoint a vice-chairperson, treasurer and secretary from among the board members in consultation with the board.

          (5.1)  During the incapacity or absence of the chairperson or during a vacancy of the chairperson, the vice-chairperson has and may exercise the powers of the chairperson and shall perform his or her duties.

             (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)  [Rep. by 2008 c59 s3]

             (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.

2005 cR-15.1 s7; 2008 c59 s3

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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.

             (7)  The board may establish and incorporate a foundation for charitable purposes.

             (8)  A corporation established by the board under the authority of subsection (7) shall apply for charitable status under theIncome Tax Act ( Canada ).

2005 cR-15.1 s8; 2008 c59 s4

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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.

2005 cR-15.1 s9

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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 in consultation with the chairperson may authorise a person to act as chief executive officer until the chief executive officer returns or is replaced.

2005 cR-15.1 s10; 2008 c59 s5

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Financial year

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

2005 cR-15.1 s11

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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.

2005 cR-15.1 s12

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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.

2005 cR-15.1 s13

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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.

2005 cR-15.1 s14

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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.

2005 cR-15.1 s15

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Head office

      16. The head office of the corporation shall be at the City of St. John’s in the province.

2005 cR-15.1 s16

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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.

2005 cR-15.1 s17

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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 appoint a director for a division established by the board under subsection (2).

2005 cR-15.1 s18; 2008 c59 s6

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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 judge’s 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 judge’s 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.

2005 cR-15.1 s19

PART II
ARCHIVES

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Definitions

      20. In this Part

             (a)  "abandoned record" means a government record to which ownership cannot be established and which has been determined to be an abandoned record by the chief information officer;

          (a.1)  "cabinet record" means a record that

                      (i)  is a memorandum, the purpose of which is to present proposals or recommendations to Cabinet,

                     (ii)  is a discussion paper, policy analysis, proposal, advice or briefing material, including all factual and background material prepared for Cabinet,

                    (iii)  is an agenda, minute or other record of Cabinet recording deliberations or decisions of Cabinet,

                    (iv)  is used for or reflects communications or discussions among ministers on matters relating to the making of government decisions or the formulation of government policy,

                     (v)  is created for or by a minister for the purpose of briefing that minister on a matter for Cabinet,

                    (vi)  is created during the process of developing or preparing a submission for Cabinet,

                   (vii)  is draft legislation or a draft regulation, or

                  (viii)  contains information about the contents of a record within a class of information referred to in subparagraphs (i) to (vii);

          (a.2)  "chief information officer" means the Chief Information Officer of the Office of the Chief Information Officer;

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

          (b.1)  "government record" means a record created by or received by a public body in the conduct of its affairs and includes a cabinet record, transitory record and an abandoned record;

             (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)  [Rep. by 2008 c55 s2]

             (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 government records; and

              (f)  "transitory record" means a government record of temporary usefulness in any format or medium having no ongoing value beyond an immediate and minor transaction or the preparation of a subsequent record.

2005 cR-15.1 s20; 2008 c55 ss1&2; 2008 c59 s7

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Archives continued

      21. (1) The Provincial Archives of Newfoundland and Labrador is continued as The Rooms Provincial Archives and is 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.

          (4.1)  In those circumstances when an archival record is such that it is not practical or feasible to store it in the archives, the director may designate another site as the official repository for that record.

             (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 government record, that Director shall ensure that the document or record is transferred to the archives.

             (8)  Where the director has received a government 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.

2005 cR-15.1 s21; 2008 c55 ss1&3; 2008 c59 s8

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Archives director

      22. (1) There shall be a Director of The Rooms Provincial Archives who shall be the provincial archivist for the province and who shall be appointed 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 government records;

             (c)  [Rep. by 2008 c55 s4]

             (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;

          (g.1)  receive abandoned records determined by the chief information officer to be abandoned records, and dispose of the records in accordance with the Management of Information Act ;

             (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 established under section 5.1 of the Management of Information Act ;

              (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.

2005 cR-15.1 s22; 2008 c55 ss1&4; 2008 c59 s9

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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.

2005 cR-15.1 s23

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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 government 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 government record, the director shall comply with those instructions.

2005 cR-15.1 s24; 2008 c55 s1

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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 director’s possession and a copy so signed is a true copy of the original record.

2005 cR-15.1 s25

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Destruction prohibited

   25.1 A person shall not, except with the written consent of the director and the approval of the chief executive officer, the board of directors and the minister, remove, dispose of or destroy archival records.

2008 c55 s5

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Rep. by 2008 c55 s6

      26. [Rep. by 2008 c55 s6]

2008 c55 s6

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Rep. by 2008 c55 s6

      27. [Rep. by 2008 c55 s6]

2008 c55 s6

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Rep. by 2008 c55 s6

      28. [Rep. by 2008 c55 s6]

2008 c55 s6

PART III
MUSEUM

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Definitions

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

2005 cR-15.1 s29; 2008 c59 s10

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Museum

      30. (1) The Provincial Museum of Newfoundland and Labrador is continued as The Rooms Provincial Museum and is a division of the corporation.

             (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.

2005 cR-15.1 s30; 2008 c59 s11

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Museum director

      31. (1) There shall be a director of the museum who shall be appointed 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.

2005 cR-15.1 s31; 2008 c59 s12

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Destruction prohibited

      32. (1) A person shall not, except with the written consent of the director and the approval of the chief executive officer, the board of directors and the minister, 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.

2005 cR-15.1 s32; 2008 c59 s13

PART IV
ART GALLERY

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Definitions

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

2005 cR-15.1 s33; 2008 c59 s14

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Art Gallery

      34. (1) The Art Gallery of Newfoundland and Labrador is continued as The Rooms Provincial Art Gallery and is a division of the corporation.

             (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.

2005 cR-15.1 s34; 2008 c59 s15

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Art Gallery director

      35. (1) There shall be a Director of The Rooms Provincial Art Gallery for the province who shall be appointed 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.

2005 cR-15.1 s35; 2008 c59 s16

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Destruction prohibited

      36. (1) A person shall not, except with the written consent of the director and the approval of the chief executive officer, the board of directors and the minister, 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.

2005 cR-15.1 s36; 2008 c59 s17

PART V
REGULATIONS

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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)  [Rep. by 2008 c55 s7]

             (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.

2005 cR-15.1 s37; 2008 c55 s7

PART VI
CONSEQUENTIAL AMENDMENTS

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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.

2005 cR-15.1 s38