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BILL NO. 36

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                     An Act to Establish
                 the Nova Scotia Arts Council










                 
                                                               
                                                               
             The Honourable John D. S. MacEachern
              Minister of Education and Culture


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
         Printed by Queen''s Printer for Nova Scotia
                               
                               
                      An Act to Establish
                  the Nova Scotia Arts Council



         Be it enacted by the Governor and Assembly as follows:


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


         2  In this Act,

            (a) "arts" includes theatre, music, dance, literature, visual arts, crafts, film,
         electronic media and other similar creative and interpretive activities, and combinations
         of them;

              (b)  "by-law" means a resolution of the Council designated by the Council as a by-law and passed by a majority of at least two thirds of the members of the Council;

              (c)  "Council" means the Nova Scotia Arts Council - Conseil des arts de la
         Nouvelle-Écosse established by this Act;

              (d)  "Endowment Fund" means the Nova Scotia Arts Endowment Fund established
         pursuant to this Act;

              (e)  "member" means a member of the Council;

              (f)  "Minister" means the Minister of Education and Culture;

              (g)  "Nominating Committee" means the Nominating Committee of the Council.


         3    The Minister has the general supervision and management of this Act.


         4    There is hereby established a body corporate to be known as the Nova Scotia Arts
Council - Conseil des arts de la Nouvelle-Écosse.


         5    The Council is an agent of Her Majesty in right of the Province.


         6    The objects of the Council are to

              (a)  make the arts integral to the lives of all Nova Scotians;

              (b)  educate the public regarding the cultural, social and economic importance
         of the arts;

              (c)  foster artistic excellence throughout the Province;

              (d)  utilize peer assessment in the determination of artistic merit and the allocation
         of funding;

              (e)  encourage creative expression by funding activity in the arts;

              (f)  strive for regional, cultural and developmental equity in the distribution of
         funding;

              (g)  carry out research on matters relating to the arts; and

              (h)  advise the Government, through the Minister, on matters of arts policy.


         7    (1)  The Governor in Council shall appoint such persons as the Governor in
Council thinks are suitable as the first members of the Council.

              (2)  There shall be a Nominating Committee  of the Council consisting of

                   (a)  two members of the Council appointed by the Council;

                   (b)  two persons who are not members of the Council appointed by the
              Minister; and

                   (c)  two persons who are not members of the Council appointed by the
              Chair of the Council and the Minister jointly.

              (3)  Subject to subsection (1), the Council consists of fifteen members, each of
whom is appointed for a term not exceeding three years by the Governor in Council on the
recommendation of the Minister from lists of nominees provided from time to time by the
Nominating Committee.

              (4)  The Minister may, at any time, request further lists of nominees from the
Nominating Committee.

              (5)  The membership of the Council shall reflect the cultural, ethnic, arts,
discipline and generational diversity of the Province, be representative of both men and women
and shall include at least one member from each of the Black, Mi'kmaq and Acadian
communities.

              (6)  The Governor in Council shall make reasonable efforts to have the terms of
office of one third of the members expire each year.

              (7)  A member may be re-appointed except that no person may be appointed as
a member for more than two consecutive terms.

              (8)  Where a member fails to attend three consecutive regular meetings of the
Council without an excuse acceptable to the Council, that member's appointment shall be
revoked by the Council.

              (9)  The Council may, by a resolution passed by at least two thirds of its members,
fill a vacancy on the Council by appointing to the Council one of the persons whose name is
included in a list of persons nominated by the Nominating Committee for the unexpired period
of the term of office of the person who ceased to be a member of the Council.


         8    (1)  The Minister shall appoint a Chair and Vice-chair of the Council from among
the members.

              (2)  The Council may appoint such other officers as the Council considers
necessary or advisable for the effective attainment of the objects of the Council and the exercise
of its powers.


         9    (1)  The Council shall meet at least four times a year on such dates and at such
times and places as are determined by the Council.

              (2)  A majority of the members constitutes a quorum.

              (3)  A vacancy on the Council does not impair the right of the remaining members
to act.

              (4)  A member is entitled to such remuneration, if any, as the Governor in Council
may determine.

              (5)  A member or a person serving on a committee of the Council is entitled to be
reimbursed for reasonable expenses necessarily incurred as a member or a person serving on
a committee of the Council, in accordance with a policy adopted by the Council.


         10   Where a member applies to the Council for funding or other assistance, that member
shall

              (a)  declare to the Council, at the earliest opportunity, the nature of that member's
         interest in the application;

              (b)  absent himself or herself from any discussion or evaluation of the application
         and from the selection of the jury or other review procedure by which the application is
         reviewed; and

              (c)  not vote on any aspect of the application.


         11   (1)  The Council may employ such persons as it may require for the purpose of
attaining its objects.

              (2)  The Council shall establish a fair-hiring policy for the hiring of its staff and
hire staff in accordance with that policy.


         12   (1)  The Council may carry on such activities and exercise such powers as may
be necessary or conducive to the attainment of its objects and the exercise of its powers and,
without restricting the generality of the foregoing, may

                   (a)  make by-laws to

                        (i)  regulate its proceedings and provide for the conduct and
                   management of its activities,

                        (ii) establish such committees as it thinks necessary to assist in
                   carrying out its objects;

                   (b)  award such grants and render such financial or other assistance as
              may be required in the furtherance of its objects;

                   (c)  engage in fund-raising activities;

                   (d)  with the approval of the Governor in Council, acquire real property by
              purchase or lease;

                   (e)  acquire personal property by purchase or lease;

                   (f)  acquire real or personal property by gift, endowment, devise or
              bequest;

                   (g)  subject to subsection (2), sell, convey or lease its real and personal
              property.

              (2)  The Council may not, without the approval of the Governor in Council, sell,
convey or lease real or personal property of a value of one thousand dollars or more.


         13   The Council shall

              (a)  establish guidelines for the appointment, terms of reference and procedures
         of peer assessment juries;

              (b)  with the approval of the Minister, establish the policies and programs through
         which its objects shall be attained; and

              (c)  perform the functions and duties conferred or imposed on it by this Act, the
         regulations or the Minister.


         14   The fiscal year of the Council is the same as the fiscal year of the Province.


         15   (1)  The Council shall establish an endowment fund to be known as the Nova
Scotia Arts Endowment Fund.

              (2)  All money received from the sale or lease by the Council of real or personal
property of a value of one thousand dollars or more shall be paid into and becomes part of the
Endowment Fund.

              (3)  Neither the person who acquires any real or personal property as the result
of a sale, conveyance or lease of the real and personal property by the Council nor any
successor in title of that person is bound to inquire as to whether or not subsection (2) has been
complied with.

              (4)  The Endowment Fund and the proceeds therefrom shall be used for the
purpose of this Act.

              (5)  The Council shall administer the Endowment Fund in such manner as is
prescribed by the regulations.


         16   The Governor in Council, upon the recommendation of the Minister, may, from time
to time, transfer to the Council and to the Endowment Fund such amounts as the Governor in
Council considers necessary or advisable for the purpose of this Act, upon such terms and
conditions as the Governor in Council may determine.


         17   The Council shall submit to the Minister

              (a)  no later than June 30th of each year,

                   (i)  an audited financial statement setting forth the assets and liabilities of
              the Council and the income and expenditures of the Council for the previous fiscal
              year, and

                   (ii) a report concerning the program and activities of the Council during
              the previous fiscal year;

         and

              (b)  no later than August 31st of each year, a proposed budget of expenditures for
         the next fiscal year.


         18   The system of accounting and the books and records of the Council are subject to
the approval of the Minister of Finance and subject to audit by the Auditor General or any other
person designated by the Governor in Council.


         19   (1)  The Council shall annually appoint a person who is a licensed public
accountant or a firm in which a member is a licensed public accountant to be the auditor of the
Council.

              (2)  Where the Council fails, neglects or refuses to appoint an auditor in
accordance with subsection (1), the Minister may appoint one on behalf of the Council.


         20   (1)  The Governor in Council may make regulations

                   (a)  prescribing the manner in which the Endowment Fund shall be
              administered;

                   (b)  defining any word or expression used in this Act but not defined in this
              Act;

                   (c)  respecting any matter or thing the Governor in Council considers
              necessary or advisable to carry out effectively the intent and purpose of this Act.

              (2)  Regulations made pursuant to subsection (1) may be of general or specific
application.

              (3)  The exercise by the Governor in Council of the authority contained in
subsection (1) is regulations within the meaning of the Regulations Act.