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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Section 1 of the New Brunswick Arts Board Act, chapter 192 of the Revised Statutes, 2011, is amended

(a) by repealing the definition “Board” and substituting the following:

“Board” means the New Brunswick Arts Board continued under section 2.(Conseil)

(b) by adding the following definitions in alphabetical order:

“arts” means the visual arts, the literary arts, crafts, music, theatre, dance, performance, media arts, architecture and interdisciplinary arts, and includes any other similar creative or interpretative activity.(arts)

“financial support” means grants, bursaries or scholarships provided by the Board.(soutien financier)

2The heading “Establishment of Board” preceding section 2 of the Act is repealed and the following is substituted:

Continuation of Board

3Section 2 of the Act is repealed and the following is substituted:

2The body corporate constituted under the English name New Brunswick Arts Board-Conseil des arts du Nouveau-Brunswick and under the French name Conseil des arts du Nouveau-Brunswick is continued as a body corporate under the English name New Brunswick Arts Board and under the French name Conseil des arts du Nouveau-Brunswick, and is referred to in this Act as the Board.

4The heading “Buts du Conseil” preceding section 3 of the French version of the Act is repealed and the following is substituted:

Mission du Conseil

5Section 3 of the Act is repealed and the following is substituted:

3(1)The Board has the following purposes:

(a) to facilitate and promote the creation and production of art;

(b) to facilitate and promote the enjoyment, awareness and understanding of the arts;

(c) to provide advice to the government, through the Minister, on policy development respecting the arts and on matters relating to the arts;

(d) to promote and advocate for arts excellence;

(e) to celebrate artistic excellence through the development and administration of awards programs to recognize high achievement in the arts;

(f) to develop and administer programs on behalf of the Minister to provide financial support to individuals and arts organizations for artistic creation and professional development opportunities;

(g) to establish and operate a system of peer assessment, a jury system or other methods of evaluation relating to

(i) the artistic merit of works, projects and proposals submitted to the Board or to the Minister, and

(ii) the selection of new acquisitions, including acquisitions for the New Brunswick Art Bank; and

(h) to carry out such other activities or duties in relation to the arts as the Minister may direct or approve.

3(2)The Board may hold and administer funds it receives by gift, grant, donation, bequest or otherwise and shall apply those funds exclusively to its purposes under this Act.

3(3)The Board may organize a forum of the arts community from time to time for matters that are consistent with its purposes.

6The heading “Members” preceding section 6 of the Act is repealed and the following is substituted:

Composition of Board

7Section 6 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

6(1)The Board shall consist of not fewer than nine and not more than eleven members, and shall include the following persons:

(a) not more than six voting members appointed by the Minister;

(b) not more than three voting members appointed by the Lieutenant-Governor in Council on the recommendation of the Minister;

(c) the Director, who is by virtue of his or her position a non-voting member; and

(d) one employee of the Department of Tourism, Heritage and Culture, designated by the Minister, who shall serve as a non-voting member.

(b) by adding after subsection (1) the following:

6(1.1)Despite subsection (1) and subject to subsections (6) and (8), the chair, first vice-chair, second vice-chair and secretary-treasurer of the New Brunswick Arts Board-Conseil des arts du Nouveau-Brunswick and any other member of that board who held office immediately before the commencement of this subsection continue in office until they resign or are reappointed or replaced.

6(1.2)A member appointed under paragraph (1)(a) shall

(a) be a professional artist or a representative of an organization of professional artists,

(b) meet the criteria that the Board has established in its by-laws,

(c) be selected, in accordance with the by-laws, by a nominating committee of the Board, and

(d) be proposed to the Minister by the Board.

6(1.3)When selecting a nominee, the nominating committee shall consider the diversity of the arts community in terms of gender, age, artistic discipline, residential community, aboriginal representation and the linguistic duality of the Province.

(c) by repealing subsection (2);

(d) by repealing subsection (7);

(e) by adding after subsection (8) the following:

6(8.1)If a vacancy occurs among the members appointed under paragraph (1)(a), the Minister may appoint a substitute from among the nominees selected in accordance with paragraph (1.2)(c) to fill the vacancy.

6(8.2)A substitute member appointed under subsection (8.1) shall be appointed for the balance of the term of the member replaced.

(f) in subsection (9) by striking out “, in the same manner in which the Lieutenant-Governor in Council made the appointment under that paragraph”;

(g) by adding after subsection (9) the following:

6(9.1)If vacancies occur among the members appointed under paragraphs (1)(a) and (b) and as a result a quorum may not be constituted, the Minister shall appoint a sufficient number of members to restore a quorum.

6(9.2)A member appointed under subsection (9.1) shall be appointed for a term not to exceed two years.

(h) in subsection (10) of the French version in the portion preceding paragraph a) by striking out “avec droit de vote” and substituting “ayant voix délibérative”;

(i) by repealing subsection (13) and substituting the following:

6(13)In matters coming before the Board, a member shall always act in the best interests of the Board in supporting the purposes of the Board, whether or not those interests are the same as the interests of a particular sector, discipline or organization of the arts.

8Section 7 of the Act is repealed and the following is substituted:

Employees

7The Board may employ persons, including a Director, to enable it to carry out its purposes.

9The Act is amended by adding after section 7 the following:

Meetings

7.1The Board shall meet at least four times in each fiscal year.

10Section 8 of the French version of the Act is amended by striking out “avec droit de vote” and substituting “ayant voix délibérative”.

11The heading “Forum of arts community” preceding section 11 of the Act is repealed.

12Section 11 of the Act is repealed.

13Section 12 of the Act is repealed and the following is substituted:

12(1)The Board may establish juries to decide

(a) the artistic merit of works, projects and proposals submitted to the Board for evaluation,

(b) who should receive awards or prizes from the Board, and the amount of any prizes,

(c) who should receive financial support to be provided by the Board and the amount of financial support, and

(d) whose works should be acquired by the Board, and the amount to be spent on those acquisitions.

12(2)The Board is bound by the decision of a jury under subsection (1).

12(3)When the Minister has requested that the Board establish a jury, the Board may establish a jury to decide

(a) the artistic merit of works, projects and proposals submitted to the Minister for evaluation,

(b) who should receive awards or prizes from the Minister, and the amount of those prizes,

(c) who should receive financial support to be provided by the Minister and the amount of financial support, and

(d) whose works should be acquired by the Minister.

12(4)The Minister is bound by the decision of a jury under subsection (3).

12(5)A jury established under this section shall carry out its duties in accordance with the by-laws of the Board.

14Section 13 of the Act is amended

(a) in paragraph (a) by striking out “purposes set out in section 3” and substituting “purposes”;

(b) by repealing paragraph b) of the French version and substituting the following:

(b) constituer des jurys et déterminer tant le nombre de leurs membres et leur nomination que leurs fonctions et les modalités d’exercice de celles-ci;

(c) by repealing paragraph (c) and substituting the following:

(c) for assuring that the composition of the Board and the carrying out of its purposes are in balance with the interests of all sectors, disciplines and organizations of the arts;

(d) in paragraph (d)

(i) of the French version by striking out “comités de candidatures” and substituting “comités des mises en candidature”;

(ii) by striking out “persons” wherever it appears and substituting “nominees”;

(e) by repealing paragraph (e) and substituting the following:

(e) for the establishment of a process by which applicants for awards, prizes, financial assistance or sales of their work may submit works, projects and proposals to the Board;

(f) in paragraph (g) by striking out “carrying out the purposes set out in section 3” and substituting “carrying out its purposes”.

15Subsection 16(1) of the Act is amended

(a) in paragraph (a)

(i) in the portion preceding subparagraph (i) by striking out “the recommendations of juries established by the Board” and substituting “the decisions of juries”;

(ii) in subparagraph (i) of the English version by striking out “and” at the end of the subparagraph;

(iii) by repealing subparagraph (ii) and substituting the following:

(ii) as to who should receive awards, prizes or financial support to be provided by the Board or the Minister and, if applicable, their amounts, and

(iv) by adding after subparagraph (ii) the following:

(iii) as to whose work should be acquired;

(b) by repealing paragraph (b) and substituting the following:

(b) a list of each award, prize or financial support provided by the Board during that fiscal year, including

(i) the name and residential community of each recipient,

(ii) the amount of the prize or financial assistance, and

(iii) the artistic discipline and the name of the awards program or financial assistance program to which the prize or financial assistance relates; and

(c) in paragraph (c) of the English version by striking out “Arts” and substituting “arts”.

Accountability and Continuous Improvement Act

16Schedule A of the Accountability and Continuous Improvement Act, chapter 27 of the Acts of New Brunswick, 2013, is amended by adding the following in alphabetical order:

New Brunswick Arts Board

2016, c.34 - An Act to Amend the New Brunswick Arts Board Act

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