BILL NO. 57
1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000
Music Industry Council Act
Donald R. Downe
Lunenburg West
First Reading: May 30, 2000
Second Reading:
Third Reading:
An Act to Create a
Music Industry Council of Nova Scotia
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Music Industry Council Act.
2 In this Act,
(a) "music industry" includes all members of the Music Industry Association of Nova Scotia, members of locals of the Atlantic Federation of Musicians resident in the Province and members of any other organization or class of persons designated by the regulations;
(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 Music Industry Council of Nova Scotia established by this Act;
(d) "Minister" means the Minister of Tourism and Culture;
(e) "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 Music Industry Council of Nova Scotia.
5 The Council is an agent of Her Majesty in right of the Province.
6 The objects of the Council are to
(a) make recommendations on tax incentives for the music industry in the Province;
(b) foster good relations between the Government and the music industry; and
(c) develop assistance packages to help the music industry grow in the Province.
7 (1) The Human Resources Committee of the House of Assembly shall appoint the first members of the Council from a short list submitted by the Minister.
(2) There shall be a nominating committee of the Council consisting of
(a) one person who is a member of the Council, appointed by the Council;
(b) one person who is not a member of the Council, appointed by the Minister; and
(c) one person who is not a member of the Council, appointed by the Chair of the Council and the Minister jointly.
(3) Subject to subsection (1) and Section 16, the Council consists of nine members, each of whom is appointed for a term not exceeding one year 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 Council shall consist of three members from the Music Industry Association of Nova Scotia, three members from the Atlantic Federation of Musicians and one member from each of the Departments of Tourism and Culture, Economic Development and Finance.
(5) The Minister may, at any time, request from the nominating committee and the nominating committee shall thereupon provide, further lists of nominees.
(6) The membership of the Council shall
(a) reflect the cultural, ethnic, artistic and generational diversity of the Province;
(b) be representative of both men and women; and
(c) include at least one member from each of the Black, Mi'kmaq and Acadian communities.
(7) 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.
(8) The Council may, by a resolution passed by at least two thirds of its members, fill a vacancy on the Council by appointing one of the persons whose name is included in a list of persons provided by the nominating committee for the unexpired period of the term of office of the person who ceased to be a member.
8 The Minister, after consultation with the Council, shall appoint a Chair and Vice-chair of the Council from among the members of the Council, one of whom must be a person from the music industry.
9 The Council shall meet at least four times on such dates and at such times and places as are determined by the Council.
10 A majority of the members of the Council constitutes a quorum.
11 A vacancy on the Council does not impair the right of the remaining members of the Council to act.
12 (1) A member of the Council is entitled to such remuneration as the Governor in Council may determine.
(2) A member of the Council or a member of a committee of the Council is entitled to be reimbursed for reasonable expenses necessarily incurred as a member, in accordance with a policy adopted by the Council.
13 Where a member of the Council has a direct or indirect interest in a matter that is before the Council, that member shall
(a) declare to the Council, at the earliest opportunity, the nature of that member's interest in the matter;
(b) absent himself or herself from any discussion of the matter; and
(c) not vote on any question respecting the matter.
14 (1) Subject to Section 18, 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 regulate its proceedings and provide for the conduct and management of its activities;
(b) acquire personal property by purchase or lease;
(c) subject to subsection (2), sell, convey or lease its personal property.
(2) The Council may not, without the approval of the Governor in Council, sell, convey or lease personal property of a value in excess of the amount prescribed by the regulations.
15 The Council shall
(a) establish the policies and programs through which its objects shall be attained; and
(b) perform the functions and duties conferred or imposed on it by this Act or the regulations.
16 (1) The Council shall operate for a period of one year from the date this Act receives Royal Assent.
(2) At the end of the one year period referred to in subsection (1),
(a) the Council is dissolved;
(b) all assets of the Council become assets of Her Majesty in right of the Province; and
(c) subject to Section 18, all liabilities of the Council become liabilities of Her Majesty in right of the Province.
17 (1) The Governor in Council may make regulations
(a) designating organizations or classes of persons for the purpose of clause 2(a);
(b) prescribing the maximum value of real or personal property that the Council may sell, convey or lease without the approval of the Governor in Council;
(c) respecting the functions and duties of the Council;
(d) defining any word or expression used but not defined in this Act;
(e) further defining any word or expression defined in this Act;
(f) respecting any matter that the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
18 The moneys required for the administration of this Act shall be paid out of moneys appropriated for that purpose by the Legislature.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2000 Crown in right of Nova Scotia. Created May 30, 2000. Send comments to legc.office@gov.ns.ca.
