Acts and Regulations

B-2 - Beaverbrook Auditorium Act

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Repealed on 1 September 2011
CHAPTER B-2
Beaverbrook Auditorium Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“Board” and “Board of Governors” means the Board of Governors of The Beaverbrook Auditorium;(conseil) et (conseil d’administration)
“Auditorium” means the Beaverbrook Auditorium at the City of Fredericton.(Salle)
1961-62, c.4, s.1; 2000, c.53, s.1
Beaverbrook Auditorium, a body corporate
2There is hereby created a body corporate under the name of “The Beaverbrook Auditorium”, the members of which shall be the members from time to time of the Board of Governors.
1961-62, c.4, s.2
Beaverbrook Auditorium, objects of
3The objects of The Beaverbrook Auditorium are to foster and promote the study and the public enjoyment and appreciation of the arts and in particular the arts of the theatre and music and other similar creative and interpretative activities and the production of works therein.
1961-62, c.4, s.3; 2000, c.53, s.2
Custodians
4(1)There shall be a Custodian of the property of The Beaverbrook Auditorium.
4(2)The appointment of Sir John William Maxwell Aitken as Custodian of the Auditorium is hereby confirmed and continued.
4(3)When Sir John William Maxwell Aitken ceases to be Custodian, the Lieutenant-Governor in Council shall appoint as Custodian a person who shall be nominated for the office by the Beaverbrook Canadian Foundation, but if no nomination is made within a period of two months after the vacancy occurs, the Lieutenant-Governor in Council shall appoint as Custodian a person who shall be nominated by the Board of Governors, but if no nomination is made within a period of four months after the vacancy occurs, the Lieutenant-Governor in Council may appoint any person as Custodian to fill the vacancy.
4(4)The person appointed by the Lieutenant-Governor in Council to be Custodian shall hold office for a term of three years or until his successor is appointed, whichever is longer.
4(5)The Custodian may resign from office at any time.
1961-62, c.4, s.4; 1967, c.26, s.1, 2, 3; 1973, c.74, s.6; 1978, c.8, s.1; 1984, c.37, s.1; 2000, c.53, s.3
Board of Governors
5(1)The affairs of The Beaverbrook Auditorium shall be managed by a Board of Governors.
5(2)The Board of Governors shall consist of the Custodian and twenty-four Governors, six of whom and their successors in office shall be appointed by the Lieutenant-Governor in Council, and the remaining eighteen of whom shall be appointed by the Custodian.
5(2.1)The Custodian, in appointing Governors, shall take into account any recommendations made to him by the Board, and the Board and the Custodian shall, in relation to the appointment of Governors, bear in mind the desirability of ensuring that at all times there is adequate representation on the Board from each of the following regions of the Province:
(a) the City of Fredericton and the Counties of York, Carleton, Queens and Sunbury;
(b) the City of Saint John and the Counties of Saint John, Kings and Charlotte;
(c) the City of Moncton and the Counties of Westmorland, Kent and Albert;
(d) the Counties of Gloucester and Restigouche;
(e) the Counties of Madawaska and Victoria; and
(f) the County of Northumberland.
5(3)The term of office of each Governor appointed prior to the coming into force of subsection (2.1) shall be three years or until his successor is appointed, whichever is the longer.
5(3.1)The term of office to which each Governor appointed after the coming into force of subsection (2.1) is appointed shall be a term of three years, which term may be extended for successive periods of three years by resolution of the Board.
5(4)A Governor may resign his office at any time.
5(4.1)A Governor may be removed from office by resolution of the Board if he has been absent from three successive meetings of the Board without providing to the Board in writing a reasonable excuse for his absence.
5(5)The Chairman of the Board of Governors shall be such member thereof as is selected by the Board.
5(6)Repealed: 1978, c.8, s.2
5(7)Repealed: 1978, c.8, s.2
1961-62, c.4, s.5; 1973, c.74, s.6; 1978, c.8, s.2; 1984, c.37, s.2; 1987, c.8, s.1; 2000, c.53, s.4
Board of Governors, powers of
6(1)The Board of Governors
(a) may enter into contracts in the name of The Beaverbrook Auditorium;
(b) may acquire property by gift, purchase or otherwise and dispose of the same;
(c) shall manage, control and administer the property of The Beaverbrook Auditorium including every gift to it and endowment made for its benefit, and all income received therefrom, providing that all the resources of The Beaverbrook Auditorium, including all income therefrom, shall be devoted to the charitable purposes mentioned in section 3 and shall not be payable to or otherwise available for the personal benefit of any member of The Beaverbrook Auditorium;
(d) Repealed: 2000, c.53, s.5
(e) may employ a manager and such assistants, clerks, employees and technical and professional advisers on such terms and conditions as it deems expedient;
(f) may make by-laws for
(i) the regulation of its proceedings;
(ii) the selection from its members of an executive committee and the delegation of powers and duties thereto;
(iii) the election or appointment of officers and the definition of their duties;
(iv) the appointment of honorary officers and advisory committees;
(v) the conduct and management of the affairs of The Beaverbrook Auditorium.
Approval of Custodian
6(2)Any exercise of the powers conferred by subsection (1) shall only be with the approval of the Custodian.
Expenses of Governors
6(3)The Governors shall serve without remuneration but the Board of Governors may defray, or authorize the defraying of, the expenses incurred by a Governor in relation to that Governor’s attendance at meetings of the Board.
1961-62, c.4, s.6, 7; O.C.67-164; 1973, c.74, s.6; 1984, c.37, s.3; 1987, c.8, s.2; 2000, c.53, s.5
Power to sell property
6.1Notwithstanding any other provision of this Act, the Board of Governors may sell the Auditorium and the lands associated with it.
2000, c.53, s.6
Financial statements
7The accounts and financial transactions of The Beaverbrook Auditorium shall be audited annually and a copy of the audited statement, signed on behalf of the Board of Governors, by two members thereof, shall be filed with the Minister of Finance.
1961-62, c.4, s.7; O.C.67-164
Grant of land
8The Minister of Transportation and Infrastructure may with the approval of the Lieutenant-Governor in Council grant to The Beaverbrook Auditorium, in fee simple, any lands required for its purposes.
1961-62, c.4, s.8; 1972, c.28, s.3; 2010, c.31, s.22
Taxation of land
9The lands, buildings and other property of The Beaverbrook Auditorium shall be exempt from municipal taxation.
1961-62, c.4, s.9
Ratification of sale
10The sale and conveyance of the property in The City of Fredericton described in the deed from The Beaverbrook Auditorium as grantor to Fredericton Playhouse Inc. as grantee, dated June 29, 2000, and registered in the York County Registry Office on July 4, 2000, in Book 2236, at Pages 511-516, as Number 11162352 is ratified and confirmed, and the property is thereby absolutely freed, released, acquitted and discharged from all trusts and conditions created by this Act.
2000, c.53, s.7
N.B. This Act is consolidated to September 1, 2011.