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BILL NO. 36

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                     An Act to Establish
                 the Nova Scotia Arts Council




                          CHAPTER 2
                       ACTS OF 1995-96




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


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           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)  foster artistic excellence throughout the Province;
          
                   (c)  encourage creative expression by funding activity
in the arts;
          
                   (d)  utilize peer assessment in the determination of
artistic merit and the allocation of funding;
          
                   (e)  educate the public regarding the cultural, social
and economic  importance of 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, after consultation with the
Council, 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 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 has a direct or indirect interest in
an application 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  in excess of the amount prescribed by the
regulations.
          
          
              13   The Council shall
          
                   (a)  establish guidelines for the appointment, terms of
reference and procedures of peer assessment juries;
          
                   (b)  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 or the regulations.
          
          
              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 in excess of the
amount prescribed by the regulations shall be paid into and
becomes part of the Endowment Fund unless the Minister
otherwise agrees.
          
                   (3)  Notwithstanding subsection (2), the Council is
not required to pay into the Endowment Fund money received
from the lease of real or personal property to the extent that the
money is used to maintain the property.
          
                   (4)  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.
          
                   (5)  The Endowment Fund and the proceeds
therefrom shall be used for the purpose of this Act.
          
                   (6)  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, together
with a three-year plan setting out the policies and programs by
which the Council will pursue its objects.
          
          
              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
of the firm 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 a limit on the value of real or
personal property that may be sold, conveyed or leased by the
Council without the approval of the Governor in Council;
          
                        (b)  prescribing a limit on the value of real or
personal property of which the money received from its sale or
lease need not be paid into the Endowment Fund;
          
                        (c)  prescribing the manner in which the
Endowment Fund shall be administered;
          
                        (d)  defining any word or expression used in this
Act but not defined in this Act;
          
                        (e)  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.