Libraries Act

CHAPTER 254

OF THE

REVISED STATUTES, 1989

amended 1990, c. 32; 1990, c. 19, ss. 44, 45; 2011, c. 65

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An Act Respecting the Provincial Library
and Regional Public Libraries

Short title

1 This Act may be cited as the Libraries Act. R.S., c. 254, s.1.

Purpose of Act

1A The purpose of this Act is to

(a) have the Provincial Library co-ordinate the activities of provincially funded libraries;

(b) establish and provide for the orderly operation of regional public libraries; and

(c) provide support services to libraries in the Province. 1990, c. 32, s. 1.

Provincial Library

2 There shall be a Provincial Library of Nova Scotia, hereinafter called the "Provincial Library". R.S., c. 254, s. 2; 1990, c. 32, s. 2.

Administration

3 The Minister of Communities, Culture and Heritage shall have the general supervision and administration of the Provincial Library and of libraries and library services provided under this Act and subject to this Act, the functions heretofore vested in the Regional Libraries Commission. R.S., c. 254, s. 3; 2011, c. 65, s. 1.

Appointment of Provincial Librarian

4 A librarian shall be appointed Provincial Librarian in accordance with the Civil Service Act. 1990, c. 32, s. 3.

Duties of Provincial Librarian

5 Under the direction of the Minister of Communities, Culture and Heritage, the Provincial Librarian shall.

(a) have general charge of the Provincial Library;

(b) direct the work of other officials and employees in the Provincial Library;

(c) promote and encourage the extension of library service throughout the Province;

(d) supervise libraries and library work supported under this Act;

(e) perform such services as the Minister deems necessary or advisable to supplement the activities of libraries established under any Act;

(f) co-operate with any cultural or educational organization, library association, library board or librarian in matters pertaining to the organization, maintenance and administration of the Provincial Library or any library established under any Act;

(g) co-operate or associate with the Libraries and Archives Canada in any undertaking of value to the Province;

(h) perform such other duties as are assigned by the Minister. R.S., c. 254, s. 5; 2011, c. 65, s. 2.

REGIONAL LIBRARIES

Agreement to establish regional library

6 (1) With the approval of the Minister of Communities, Culture and Heritage, a city, town or municipality may enter into and carry out an agreement with other cities, towns, municipalities and the Minister, or with any one or more of them, for the establishment and operation of a regional public library.

(2) A party to an agreement under this Section may withdraw from participation in the agreement on the thirty-first day of December in any year by giving to each of the other parties not less than one yearís written notice of its intention to withdraw. R.S., c. 254, s. 6; 2011, c. 65, s. 3.

Additional participation

7 Where an agreement made under Section 6 provides that an additional city, town or municipality may become a party to the agreement, the regional library board that was constituted as a result of the agreement shall be deemed to be the agent of each city, town and municipality that is a party to the agreement and as such agent may, in their names and on their behalf, enter into an agreement with an additional city, town or municipality for participation by it in the establishment, operation or support of the regional public library. R.S., c. 254, s. 7.

Borrowing power

8 A city, town or municipality that enters into an agreement under this Act for the establishment and operation of a regional public library may borrow or raise by way of loan on the credit of the city, town or municipality such sum or sums as the council thereof deems necessary for the purpose of erecting, acquiring, purchasing, altering, adding to, improving, furnishing or equipping a building or buildings for a regional public library or for the purpose of purchasing or acquiring books for such library. R.S., c. 254, s. 8.

Source of funds

9 Any sums required by the council of a city, town or municipality for the purpose of establishing or supporting a regional public library under this Act shall be held to be sums voted or granted for the ordinary lawful purposes of the city, town or municipality and may be raised, levied and collected in the same manner and in all respects as other sums required for the ordinary lawful purposes of the city, town or municipality are raised, levied and collected. R.S., c. 254, s. 9.

Regional library board

10 (1) Where an agreement for the establishment and support of a regional public library is entered into under this Act there shall be a regional library board for the management and operation of the library.

(2) A regional library board shall consist of

(a) one member appointed by each city, town and municipality that is a party to the agreement;

(b) two members appointed by the Governor in Council; and

(c) additional members appointed in such manner and number as the parties to the agreement agree.

(3) A member of a regional library board appointed by a city, town or municipality holds office for a period of one, two or three years, as determined by the city, town or municipality making the appointment, and a member appointed by the Governor in Council holds office for such term as the Governor in Council prescribes.

(4) A member of a regional library board who is absent without cause from more than one half of the meetings of the board in any term is ineligible for appointment to the board for the following term. R.S., c. 254, s. 10; 1990, c. 32, s. 4.

Powers

11 A regional library board is a body corporate under the name of "(here insert name of region or district) Regional Library Board" and may

(a) acquire and hold real and personal property of every description;

(b) equip, establish and maintain a regional public library;

(c) acquire and circulate books, periodicals, pamphlets and other articles and objects of educational or artistic value;

(d) borrow from time to time for the purpose of defraying its operating expenses an amount not exceeding one half of the amount expended by it during its immediately preceding financial year;

(e) receive, hold and administer bequests, donations and gifts of real and personal property;

(f) enter into and carry out agreements with cities, towns, municipalities, persons, associations or organizations for the provision of library services to them on such terms and conditions as the board thinks advisable;

(g) make rules and regulations for the conduct and management of the business of the board and of the library;

(h) with the approval of the Minister of Communities, Culture and Heritage, engage a librarian to act as chief executive officer;

(i) engage such assistant librarians and other employees as the board considers advisable, and fix their compensation;

(j) do and perform such other acts and things as are conducive or incidental to the carrying out of its purposes and the exercise of its powers. R.S., c. 254, s. 11; 1990, c. 32, s. 5; 2011, c. 65, s. 4; revision corrected.

Funding Review Committee

12 (1) There is hereby established a Funding Review Committee which shall consist of

(a) the Deputy Minister of Communities, Culture and Heritage or the Ministerís designee who shall be chairman of the Funding Review Committee;

(b) the Provincial Librarian who shall be secretary to the Committee;

(c) one representative from each regional library board who is a member of the board recommended to the Minister by the regional library board and appointed by Governor in Council; and

(d) any other additional members the Governor in Council may wish to appoint.

(2) The Governor in Council may fix the term of office of any member of the Funding Review Committee for a period not exceeding three years.

(3) A member of the Funding Review Committee who is a member by virtue of position or office shall cease to be a member when the member ceases to hold that position or office.

(4) Each member shall be entitled to actual and reasonable travel and living allowances while attending meetings or travelling on behalf of the Funding Review Committee.

(5) The Funding Review Committee, with the approval of the Governor in Council, may make by-laws for the proper conduct of its business.

(6) The Funding Review Committee may study and review public library service in the Province and make recommendations to the Minister regarding same. R.S., c. 254, s. 12; 2011, c. 65, s. 5.

Grant procedure

13 (1) The Funding Review Committee, on or before the thirty-first day of January, each financial year, shall forward to the Minister of Communities, Culture and Heritage its recommendations respecting operating grants to regional library boards, maintenance grants to a council of a city, town or municipality and capital grants by the Province during the following financial year.

(2) The Minister shall announce the Provincial operating grants, maintenance grants and capital grants in respect of regional libraries as near as possible to the start of the financial year to which the grants apply. R.S., c. 254, s. 13; 1990, c. 19, s. 44; 2011, c. 65, s. 6.

Annual audit and financial report

14 (1) Each regional library board shall annually appoint as an auditor for the board a person who is licensed under the Public Accountants Act.

(2) The auditor shall annually, not later than the fifteenth day of June, submit to the regional library board, the Minister of Communities, Culture and Heritage, and each city, town or municipality that is a party to an agreement for the operation of a regional public library, a financial report of the operations of the library for the financial year ending the thirty-first day of March. R.S., c. 254, s. 14; 1990, c. 32, s. 6; 1990, c. 19, s. 45; 2011, c. 65, s. 7.

Regulations respecting funding

15 (1) The Governor in Council may make regulations

(a) establishing a funding formula for calculating operating grants to regional library boards;

(b) establishing a funding formula for calculating Provincial grants to help defray part of the maintenance costs incurred by the council of a city, town or municipality in providing space and covering the cost of utilities and other related expenditures for branch libraries;

(c) providing for Provincial grants for capital construction and related operating costs in respect of regional libraries;

(d) respecting payments to regional library boards by the councils of cities, towns and municipalities;

(e) governing such grants as the Minister may, from time to time, deem appropriate.

(2) The exercise by the Governor in Council of the authority in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 254, s. 15; 1990, c. 32, s. 7.

Regulations

16 The Governor in Council may make such regulations as necessary for the carrying out of this Act. R.S., c. 254, s. 16; 1990, c. 32, s. 8; 2011, c. 65, s. 8.

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