BILL NO. 196
1st Session, 64th General Assembly
1 Charles III, 2022
Art Gallery of Nova Scotia Act
The Honourable Pat Dunn
Minister of Communities, Culture, Tourism and Heritage
First Reading: October 13, 2022
Second Reading: October 14, 2022
Third Reading: November 1, 2022 (LINK TO BILL AS PASSED)
Clause 4 establishes a nominating committee for the Board that makes recommendations for new members to the Minister of Communities, Culture, Tourism and Heritage, taking into account the diversity of Nova Scotian society.
Clause 5 replaces "governor" with "director" and removes gendered language.
Clause 7 provides that all Gallery staff will be transferred from the civil service to become employees of the Gallery.
Clause 9 adds the interpretation of works of art to the powers of the Gallery.
Clause 10 adds a clause to reflect the current practice of hosting activities that generate funds to be used for Gallery purposes.
Clause 12 requires the Gallery to submit annually as the Minister directs an accountability report, a detailed business plan and such other reports as the Minister directs.
1 Section 2 of Chapter 22 of the Revised Statutes, 1989, the Art Gallery of Nova Scotia Act, as amended by Chapter 54 of the Acts of 2012, is further amended by
- (aa) "director" means a member of the Board;
2 Section 4 of Chapter 22 is repealed and the following Section substituted:
- 4 (1) The Art Gallery of Nova Scotia, a body corporate, is continued.
3 (1) Subsection 5(1) of Chapter 22, as enacted by Chapter 54 of the Acts of 2012, is amended by striking out "Governors" in the second line and substituting "Directors".
- (2) The Board is composed of
- (6) Notwithstanding subsection (3), the Governor in Council may extend the term of a director appointed pursuant to subsection (3) for one year if necessary for continuity.
4 Chapter 22 is further amended by adding immediately after Section 5 the following Section:
- 5A (1) The Board shall appoint a committee to assist in the recruitment, screening and recommendation of new members of the Board as requested by the Minister.
5 (1) Subsection 6(1) of Chapter 22 is amended by
6 Section 7 of Chapter 22 is repealed and the following Section substituted:
- 7 (1) Subject to subsection (2), the Board shall appoint a person who is not a member of the Board to be the Chief Executive Officer of the Gallery.
7 Section 8 of Chapter 22 is repealed and the following Sections substituted:
- 8 (1) In this Section and Sections 8A to 8D, "designated person" means an employee of the Province who was appointed in accordance with the Civil Service Act and is determined to become an employee of the Gallery.
(d) give rise to a breach, termination, repudiation or frustration of any licence, permit or other right, or to any right to terminate or repudiate a contract, licence, permit or other right, or to any estoppel.
8A (1) Every designated person is employed by the Gallery on the same or equal terms and conditions of employment as those under which the employee was employed as an employee by the Crown in right of the Province until changed by collective agreement or contract of employment.
(3) The Gallery is bound by a collective agreement concluded pursuant to the Civil Service Collective Bargaining Act in relation to a designated person as if it were a party to the collective agreement as the employer and as if the collective agreement were concluded pursuant to the Trade Union Act.
(5) A designated person is entitled as an employee of the Gallery to all vacation leave accumulated, less any vacation arrears that accrued, while the designated person was an employee of the Province.
(6) Subject to any applicable collective agreement or contract of employment, each designated person who, before being designated, was covered by the Nova Scotia Public Service Long Term Disability Plan or was included in a bargaining unit whose collective agreement provided for long-term disability benefits under the Nova Scotia Public Service Long Term Disability Plan is deemed to continue to be a person to whom the Nova Scotia Public Service Long Term Disability Plan applies.
(7) The obligations and liabilities of the Crown in right of the Province with respect to designated persons are the obligations and liabilities of the Gallery, including all employee benefits and entitlements.
8B Where, at retirement from the Gallery, a designated person would have been eligible for a public service award pursuant to the General Civil Service Regulations made pursuant to the Civil Service Act if the person had remained as an employee of the Province, the Crown in right of the Province shall pay to the person upon retirement an amount equivalent to the amount of the public service award that it would have paid to the person for the person's years of employment as an employee of the Province.
8C Each designated person who, before being designated, was an employee within the meaning of the Public Service Superannuation Act or was included in a bargaining unit whose collective agreement provided for participation in the Public Service Superannuation Plan is deemed to continue to be an employee for the purpose of the Public Service Superannuation Act, and service in the employment of the Gallery is deemed to be employment for the purpose of that Act.
8D Except where otherwise provided by a collective agreement or contract of employment, any person who becomes an employee of the Gallery after the coming into force of this Section is deemed to be an employee for the purpose of the Public Service Superannuation Act, and
8 (1) Subsection 9(1) of Chapter 22 is amended by
(a) striking out "governors" in the second line and substituting "directors"; and
(b) striking out "Chairman" in the second line and substituting "Chair".
- (4) Honorary governors appointed pursuant to this Act before January 1, 2022, continue as honorary
directors for such period as is described in the order in council setting out their appointment.
9 Section 11 of Chapter 22, as amended by Chapter 54 of the Acts of 2012 and Chapter 5 of the Acts of 2016, is further amended by striking out "and exhibition" in the second and third lines of clause (a) and substituting ", exhibition and interpretation".
10 Section 11A of Chapter 22, as enacted by Chapter 54 of the Acts of 2012 and amended by Chapter 5 of the Acts of 2016, is further amended by adding immediately after clause (gb) the following clause:
- (gc) carry out activities that generate contributed or earned funds to be used for the purpose of the Gallery;
11 (1) Subsection 12(2) of Chapter 22 is amended by striking out "Her Majesty" in the third line and substituting "the Crown".
- (4) A registered charity, within the meaning of the Income Tax Act (Canada), that is established to raise funds for the benefit of the Gallery shall annually provide the Gallery with copies of its
year-end financial statements.
12 Section 16 of Chapter 22 is repealed and the following Section substituted:
- 16 Annually as required by the Minister, the Gallery shall submit to the Minister for approval
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