BILL NO. 127
(as introduced)
4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012
Art Gallery of Nova Scotia Act
(amended)
The Honourable Leonard Preyra
Minister of Communities, Culture and Heritage
First Reading: November 13, 2012
Second Reading: November 15, 2012
Third Reading: November 23, 2012 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 updates the title of the Minister responsible for the Act.
Clause 2 provides that the Art Gallery of Nova Scotia as a body corporate has all the powers of a natural person rather than those of a society constituted under the Societies Act.
(a) authorizes the Board to manage and control the affairs of the Gallery;
(b) allows the Board to exercise the powers of the Gallery; and
(c) provides that the Board's exercise of the Gallery's powers prevails when there is a conflict between the Board and the Gallery membership relating to the exercise of the Gallery's powers.
Clause 4 amends the Board by-law authority to include the regulation of all rights relating to Gallery members.
Clauses 5 and 6 transfer Board powers to the Gallery and expand the powers of the Gallery.
Clause 7 amends the Act to allow any grant, gift, devise, bequest or trust made to the Gallery after the date of coming into force of this Clause to be retained as property of the Gallery rather than property of the Province.
An Act to Amend Chapter 22
of the Revised Statutes, 1989,
the Art Gallery of Nova Scotia Act
Be it enacted by the Governor and Assembly as follows:
1 Clause 2(e) of Chapter 22 of the Revised Statutes, 1989, the Art Gallery of Nova Scotia Act, is amended by striking out "Tourism and Culture" in the first and second lines and substituting "Communities, Culture and Heritage".
2 Section 4 of Chapter 22 is amended by striking out "society incorporated under the Societies Act" in the fourth line and substituting "natural person".
3 Subsection 5(1) of Chapter 22 is repealed and the following subsections substituted:
(1A) Where there is a conflict between the Board and the membership attending an annual or a special meeting of the Gallery, relating to the exercise of the powers of the Gallery, the exercise of the powers by the Board prevails.
4 Clause 10(g) of Chapter 22 is repealed and the following clause substituted:
5 Section 11 of Chapter 22 is amended by
(a) striking out "Board" in the first line and substituting "Gallery".
(b) striking out clauses 11(b), (c), (d), (f) and (g);
(c) striking out the semicolon at the end of clause (i) and substituting a period; and
6 Chapter 22 is further amended by adding immediately after Section 11 the following Section:
(a) collect, classify, preserve and display objects relevant to its purposes;
(b) administer programs and projects for art galleries, museums or organizations for promoting the purpose of this Act;
(c) publish or cause to be published such information relating to the Gallery as it considers advisable;
(d) determine the classifications of membership in the Gallery, including qualifications for membership, procedures for becoming a member, fees to be paid by members and all other matters respecting membership;
(e) carry on the operation of a shop and buy and accept on consignment articles for sale;
(f) hold competitions to increase the knowledge and capabilities of persons interested in the visual arts;
(g) make, execute, issue and endorse bills of exchange, cheques, promissory notes, hypothecation forms and other such instrument as may be necessary or convenient;
(h) subject to the approval of the Minister, do such matters and things as may be necessary or incidental for the attainment of its objects and the exercise of its powers.
7 (1) Subsection 12(1) of Chapter 22 is amended by
(a) striking out "Any" in the first line and substituting "Subject to subsection (3), any";
(b) striking out "Art Gallery of Nova Scotia" in the fourth line and substituting "Gallery"; and
(c) striking out "of Directors of the Art Gallery of Nova Scotia" in the fourth and fifth lines.
(2) Section 12 is further amended by adding immediately after subsection (2) the following subsection:
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created November 13, 2012. Send comments to legc.office@novascotia.ca.
