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BILL NO.





Local Bill




5th Session, 56th General Assembly
Nova Scotia
46 Elizabeth II, 1997




An Act to Incorporate

the Antigonish Heritage Museum Board





The Honourable William Gillis
Antigonish




Halifax
Printed by Queen's Printer for Nova Scotia







An Act to Incorporate

the Antigonish Heritage Museum Board





Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Antigonish Heritage Museum Board Act.

2 In this Act,

(a) "Association" means the Heritage Association of Antigonish;

(b) "Board" means the Antigonish Heritage Museum Board;

(c) "Mayor" means the Mayor of the Town;

(d) "Municipal Council" means the Council of the Municipality;

(e) "municipal councillor" means a member of the Municipal Council;

(f) "Municipality" means the Municipality of the County of Antigonish;

(g) "Museum" means the Antigonish Heritage Museum;

(h) "Town" means the Town of Antigonish;

(i) "Town Council" means the Council of the Town;

(j) "town councillor" means a member of the Town Council;

(k) "Warden" means the Warden of the Municipality.

3 There is hereby established a body corporate to be known as the Antigonish Heritage Museum Board.

4 The objects of the Board are to manage and operate a museum within the Town and Municipality to be known as the Antigonish Heritage Museum.

5 The Board may

(a) develop and operate educational and cultural programs that interpret the natural and cultural heritage of the Town and the Municipality;

(b) acquire and take by purchase, donation, devise, bequest or otherwise, real and personal property, and hold, enjoy, sell, exchange, lease, let, improve, and develop the same and erect and maintain buildings and structures; (c) enter into agreements for the purpose of this Act;

(d) make by-laws for the conduct and management of its activities and affairs;

(e) subject to the approval of the Town Council and the Municipal Council, borrow money by way of temporary loan from any chartered bank or credit union in the Province for current operating expenses, so long as the total of all loans outstanding at any time does not exceed ten thousand dollars;

(f) draw, make, accept, endorse, discount, execute and issue bills of exchange and other negotiable instruments;

(g) in accordance with a scale approved by the Board, pay salaries and remuneration to such persons as it employs for its purposes;

(h) co-operate with all levels of government and with the Nova Scotia Museum Board of Governors in order to attain its objects;

(i) do all matters and things as may be necessary for, incidental or conducive to, or consequential upon, the attainment of the objects and the exercise of its powers.

6 (1) The Board consists of

(a) the Mayor or a town councillor designated by the Mayor;

(b) the Warden or a municipal councillor designated by the Warden;

(c) one town councillor appointed by the Town Council;

(d) one municipal councillor appointed by the Municipal Council;

(e) two residents of the Town who are ratepayers of the Town, appointed by the Town Council;

(f) two residents of the Municipality who are ratepayers of the Municipality, appointed by the Municipal Council;

(g) the President of the Association; and

(h) three members elected by the Association.

(2) Where a person or a body designates or elects a person as a member of the Board, the person so designated or elected holds office as a member for such time as the person or body that designates or elects the member determines.

7 (1) A member of the Board is eligible for re-appointment.

(2) Where a person who was designated, appointed or elected as a member of the Board pursuant to Section 6 ceases to be a member of the Board before that person's term of office expires, the person or body that designated, appointed or elected the person shall fill the vacancy for the unexpired portion of the term, not later than two months after the vacancy occurs.

(3) A vacancy on the Board does not impair the corporate capacity of the Board or the ability of the remaining members to act.

8 (1) The Board shall appoint a member of the Board as Chair of the Board to hold office during such time as the Board determines.

(2) The Board shall appoint a Secretary-treasurer or Secretary and Treasurer to hold office for such term as the Board determines.

(3) A person who is not a member of the Board may be appointed pursuant to subsection (2).

(4) The Board may appoint a person as auditor if that person is considered by the Town Council and the Municipal Council to be a satisfactory person to be the auditor, to hold office for such time as the Board determines.

9 (1) There shall be an annual meeting of the Board in February of each year and the Board shall also meet at least nine additional times in each year at a time and place determined by the Board and shall meet at such additional times and places as the Chair of the Board may determine.

(2) At least three days prior to each meeting of the Board a notice of the meeting specifying the time and place of the meeting shall be given to each member of the Board, except that an emergency meeting may be held at such shorter notice as the Chair of the Board may determine.

(3) A majority of the members of the Board constitutes a quorum.

10 (1) Notwithstanding any other Act, the Municipal Council and the Town Council may appropriate and pay to the Board, to be used by the Board in attaining its objects, such sums of money as the Municipal Council and the Town Council determine and approve.

(2) All moneys required for each payment pursuant to subsection (1) shall be held to be money required for the ordinary lawful purposes of the Town and the Municipality and shall be levied, raised and collected in all respects as other monies required for the ordinary lawful purposes of the Municipality and the Town are levied, raised and collected.

11 (1) The Board may not make an expenditure except in accordance with an annual budget approved by the Municipal Council and the Town Council.

(2) The budget of the Board shall be submitted to the Town and the Municipality in February of each year.

12 The fiscal year of the Board shall be the period from April 1st in any year to March 31st in the following year.

13 The Board shall, not later than January 31st in each year, submit to the Municipal Council and the Town Council an audited statement for the fiscal year immediately preceding.

14 (1) The land on which the Museum is now located and the building that now houses the Museum are exempt from taxation imposed by the Town or the Municipality for general municipal purposes as long as they are used by the Board as a Museum.

(2) The Town or the Municipality may exempt from tax imposed by it for general municipal purposes any property other than the land and building referred to in subsection (1) that the Board acquires after the coming into force of this Act.

15 Section 54 of the Towns Act does not apply to this Act.



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