Acts and Regulations

2011, c.119 - Beaverbrook Art Gallery Act

Full text
Current to 1 January 2024
2011, c.119
Beaverbrook Art Gallery Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Board of Governors” means the Board of Governors of the Gallery.(conseil d’administration)
“Gallery” means The Beaverbrook Art Gallery at The City of Fredericton.(Galerie)
“gift” includes grant, devise, bequest, trust and endowment.(don)
“work of art” includes painting, print, picture, book, sculpture, antique and other similar property.(oeuvre d’art)
R.S.1973, c.B-1, s.1
Establishment
2There is created a body corporate under the name of “The Beaverbrook Art Gallery”, the members of which shall be the members of the Board of Governors and any other persons who are members in good standing in accordance with the by-laws.
R.S.1973, c.B-1, s.2; 1986, c.15, s.1
Designated as the Provincial Art Gallery
3The Gallery is designated as the Provincial Art Gallery.
1994, c.96, s.1
Objects
4The objects of the Gallery are to foster and promote the study and the public enjoyment and appreciation of the arts of painting, drawing, sculpture and other graphic arts and similar creative and interpretative activities, including the exhibition and production of works of art, and in furtherance of those objects to operate and manage the Gallery.
R.S.1973, c.B-1, s.3
Custodians
Repealed: 2013, c.16, s.1
2013, c.16, s.1
5Repealed: 2013, c.16, s.2
R.S.1973, c.B-1, s.4; 2013, c.16, s.2
Board of Governors
6(1)The affairs of the Gallery shall be managed by a Board of Governors.
6(2)The Board of Governors shall consist of between 12 to 16 Governors appointed as follows:
(a) not less than 9 and not more than 13 Governors shall be appointed by the Board of Governors;
(b) the Lieutenant‑Governor in Council shall appoint
(i) one Governor nominated by the Premier of New Brunswick, and
(ii) one Governor nominated by the Leader of the Opposition in the Legislative Assembly;
(iii) Repealed: 2022, c.21, s.2
(c) the Minister of Tourism, Heritage and Culture shall appoint one Governor who is an employee of the Department of Tourism, Heritage and Culture.
6(3) In addition to the Governors appointed under subsection (2), the Board of Governors may appoint an Honorary Governor who shall be a non-voting member of the Board of Governors.
6(4)The term of office of a Governor appointed under paragraph (2)(a) or subsection (3) shall be fixed by by-law.
6(5)The term of office of a Governor appointed under paragraph (2)(b) or (c) shall be for no more than three years and he or she shall be eligible for reappointment.
6(6)The Lieutenant-Governor in Council may remove a Governor appointed under paragraph (2)(b) from office for cause or for any other reason.
6(6.1)The Minister of Tourism, Heritage and Culture may remove a Governor appointed under paragraph (2)(c) from office for cause or for any other reason.
6(7)A Governor may resign his or her office at any time.
6(8)The members of the Board shall elect from among the voting Governors a Chair.
R.S.1973, c.B-1, s.5; 1986, c.15, s.2; 1991, c.19, s.1; 1994, c.96, s.2; 1998, c.41, s.12; 2000, c.26, s.26; 2005, c.6, s.1; 2007, c.10, s.19; 2010, c.31, s.21; 2012, c.39, s.20; 2012, c.52, s.8; 2013, c.16, s.3; 2022, c.21, s.2
Powers of Board of Governors
7The Board of Governors
(a) may enter into contracts in the name of the Gallery;
(b) subject to section 8, may acquire any work of art or other property for the Gallery and may dispose of any work of art or property of the Gallery;
(c) shall manage, control and administer the property of the Gallery, including every gift to it and endowment made for its benefit, and all income received from it; and all the resources of the Gallery, including the income from them, shall be devoted to the charitable purposes mentioned in section 4and shall not be payable to or otherwise available for the personal benefit of any member of the Gallery;
(d) may permit the Gallery to be used in the way and for the purposes that it considers suitable if that use is in furtherance of all or some of the charitable purposes of the Gallery;
(e) may exhibit works of art and products of applied and industrial design;
(f) may employ a director and other officers and employees, and engage technical and professional advisers, on the terms and conditions that it considers expedient;
(g) may make by-laws for
(i) the regulation of proceedings of the meetings of the Board of Governors and of the members of the Gallery, including the fixing of a quorum in each case;
(ii) the selection from the Board of Governors of an executive committee and the delegation of powers and duties to it;
(iii) the election or appointment of officers and the definition of their duties;
(iv) the appointment of honorary officers and of advisory committees;
(v) the admission, suspension and expulsion of members of the Gallery and the establishment of various classes of those members;
(vi) the operation of the Gallery and the conduct and management of the affairs of the Gallery;
(vii) the appointment, the renewal of the term, the suspension or the revocation of a Governor appointed under paragraph 6(2)(a) and subsection 6(3); and
(viii) the term of office of a Governor appointed under paragraph 6(2)(a) and subsection 6(3).
R.S.1973, c.B-1, s.6; 1986, c.15, s.3; 2013, c.16, s.4
Acquisition of or disposal of works of art
8No acquisition by or disposal of a work of art owned by the Gallery shall be made without a resolution of the Board of Governors.
R.S.1973, c.B-1, s.7
Acceptance of gift by Board of Governors
9(1)Subject to section 8, the Board of Governors may accept any gift from a public or private body or person despite that it is made by the donor on terms and conditions, and may execute any instrument necessary or expedient to ensure the carrying into effect of those terms and conditions, but the acceptance and carrying out of those terms and conditions shall not in any way conflict with the carrying out of the charitable purposes of the Gallery.
9(2)If in making a gift to the Gallery the donor expresses the desire that the object of that gift shall be inalienable, the Board of Governors shall not transfer the object to a public or private body or person for consideration or otherwise, and any transfer made in violation of this subsection shall be null and void.
9(3)A gift made or to be made shall enure to the benefit of the Gallery if made under a name or for a purpose from which name or purpose it can be reasonably inferred that the Gallery was intended to be benefited.
R.S.1973, c.B-1, s.8
Financial statements
10The accounts and financial transactions of the Gallery shall be audited annually and a copy of the audited statement, signed on behalf of the Board of Governors by two of its members, shall be filed with the Minister of Finance and Treasury Board.
R.S.1973, c.B-1, s.9; 2016, c.37, s.20; 2019, c.29, s.12
Vesting of property
11(1)The property vested in the Board of Governors of the Lord Beaverbrook Art Gallery, including the Lord Beaverbrook Art Gallery at Fredericton, and the lands on which the same is located, the description of which lands is set out in Schedule A, being by virtue of section 4 of Chapter 10 of 6 Elizabeth II, 1957, Lord Beaverbrook Art Gallery Act, the property of the Crown in right of the Province is vested in the Gallery.
11(2)The Gallery is charged with and made liable for all obligations and liabilities of the body corporate created by Chapter 10 of 6 Elizabeth II, 1957, Lord Beaverbrook Art Gallery Act.
11(3)All gifts previously or in the future made in favour of the body corporate called “The Board of Governors of the Lord Beaverbrook Art Gallery” shall avail to and be vested in the Gallery.
R.S.1973, c.B-1, s.10; 2023, c.17, s.14
Taxation of land
12The lands, buildings and other property of the Gallery shall be exempt from municipal taxation.
R.S.1973, c.B-1, s.11
SCHEDULE A
A tract of land situated in The City of Fredericton in the County of York, in the Province of New Brunswick, and bounded as follows:
Beginning at a point in the Northeasterly limit of Queen Street, in The City of Fredericton, said point being marked by a drill mark in the cement sidewalk, and being distant fifty-nine feet and eight-tenths of a foot measured on a course South twenty-three degrees and four minutes East by the Magnet of the year 1957 from the intersection of said Northeasterly limit of Queen Street with the Northeasterly prolongation of the Northwesterly limit of Saint John Street; thence from said point of beginning and running by the Magnet of the aforesaid year South twenty-three degrees and four minutes East along said limit of Queen Street, a distance of three hundred and eighty-five feet and five-tenths of a foot to an iron pipe; thence North sixty-six degrees and fifty-six minutes East, a distance of one hundred and sixteen feet and four-tenths of a foot to an iron pipe placed in the top of the bank of the Saint John River; thence in a Northwesterly direction along said top of bank to an iron pin distant four hundred and thirty-five feet and four-tenths of a foot measured on a course North fourteen degrees and twenty-four minutes West from the last-mentioned iron pipe; and thence South fifty-three degrees West, a distance of one hundred and eighty-seven feet and three-tenths of a foot or to the point of beginning.
Containing one acre and four-tenths of an acre, more or less, and being a part of the lands shown as reserved for a Common in Grant Number 153, dated March, 1788, to Cornelius Ackerman and Others.
R.S.1973, c.B-1, Schedule A
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.