Acts and Regulations

2011, c.193 - New Brunswick Museum Act

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Full text
Current to 1 January 2024
2011, c.193
New Brunswick Museum Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Board” means The Board of the New Brunswick Museum, and also means the Board acting by or through its Executive Committee. (Conseil)
“property” includes all documents, records, books, or objects of historic, artistic, scientific or traditional interest acquired by the Board under the provisions of this Act. (biens)
R.S.1973, c.N-7, s.1; 1981, c.54, s.1
New Brunswick Museum
2The corporate body, called “The New Brunswick Museum,” constituted by the Act 7 George VI, (1943), chapter 28, is hereby continued.
R.S.1973, c.N-7, s.2
Board of the New Brunswick Museum
3(1)The body corporate and politic created by the Act 19 George V, (1929), chapter 53, is continued under the name “The Board of the New Brunswick Museum” and shall consist of not more than 15 members to be appointed by the Lieutenant-Governor in Council, one of whom shall be appointed as President of the Board by the Lieutenant-Governor in Council.
3(2)The members of the Board shall be appointed by the Lieutenant-Governor in Council for a term of not more than three years.
3(3)Unless the member’s appointment is revoked, a member of the Board shall remain in office, despite the expiry of the member’s term, until the member resigns or is reappointed or replaced.
3(4)A member is eligible for reappointment at the expiration of the member’s term.
3(5)A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with their duties on the Board in accordance with the Treasury Board travel policy guidelines, as amended.
R.S.1973, c.N-7, s.3; 1981, c.54, s.2; 1986, c.61, s.1; 1988, c.68, s.1; 2022, c.58, s.1
Honorary president
4The Lieutenant-Governor in Council may appoint an honorary president of the Board.
1986, c.61, s.2
Honorary patrons
5The Premier of the Province, the Leader of the Opposition in the Legislative Assembly and the Minister of Tourism, Heritage and Culture are honorary patrons of the Museum and are entitled to attend all meetings of the Board.
1981, c.54, s.3; 1983, c.30, s.24; 1986, c.8, s.88; 1992, c.2, s.45; 1998, c.41, s.89; 2000, c.26, s.227; 2007, c.10, s.68; 2012, c.39, s.103; 2012, c.52, s.36
Capacity, rights, powers and privileges of Board
6The Board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
1981, c.54, s.3
Objects of Board
7The objects of the Board are
(a) to foster and promote the study and public enjoyment and appreciation of the natural, human and cultural heritage of New Brunswick and of other jurisdictions by collecting, purchasing, preserving and interpreting property which relates to this cultural heritage,
(a.1) to enlarge, repair, renovate or alter the buildings used for the purposes of the Museum and which were vested in the Board on April 17, 1943, and to plan and supervise the enlargement, reparation, renovation or alteration of the buildings;
(a.2) to design, erect, enlarge, repair, renovate or alter a building to be used for the purposes of the Museum that is or will be, as the case may be, located on land acquired by the Board in accordance with subsection 12(2) and to plan and supervise the design, erection, enlargement, reparation, renovation or alteration of the building;
(b) to operate, control, conduct and maintain
(i) the Museum as the major provincial repository for property relating to the natural, human and cultural heritage of New Brunswick and other jurisdictions,
(ii) information programs respecting the natural, human and cultural heritage of New Brunswick and other jurisdictions by means of publications, loans, exhibitions and educational programs consistent with the need to ensure the preservation of the property,
(iii) research programs respecting the natural, human and cultural history of New Brunswick and other jurisdictions,
(c) to assist and cooperate with other persons, organizations or institutions and to enter into arrangements with any persons, organizations or institutions that may seem conducive to the objects of the Board or any of them, and
(d) to do all things necessary or expedient in the operation of the Museum.
1981, c.54, s.3; 2022, c.58, s.2
Jurisdiction of Board
8(1)The Board shall manage, control and administer the following property:
(a) property vested in the Crown in right of the Province by section 11;
(b) property deposited in the Museum under the authority of section 6 of the Historic Sites Protection Act, chapter H-6 of the Revised Statutes, 1973, immediately before August 19, 2010;
(c) property deposited in the Museum under an agreement with the Minister of Tourism, Heritage and Culture under the authority of subsection 7(1) of the Heritage Conservation Act;
(d) property given to or acquired by the Board for the purposes of the Museum;
(d.1) land acquired by the Board in accordance with subsection 12(2) and any building located on the land and used for the purposes of the Museum; and
(e) the income received by the Board or the Province from trusts established for the benefit of the Museum or for purposes in connection with the Museum.
8(2) The Board has and shall exercise all the powers, rights and privileges vested in The Board of the New Brunswick Museum on April 17, 1943, insofar as they are consistent with the provisions of this Act.
R.S.1973, c.N-7, s.4; 2010, c.H-4.05, s.116; 2012, c.39, s.103; 2012, c.52, s.36; 2022, c.58, s.3; 2023, c.17, s.175
By-laws
9The Board has the power to make by-laws not inconsistent with this Act for all or any of the following purposes:
(a) for the selection of an Executive Committee, the determination of the number of members comprising this Committee and the appointment of these members of the Executive Committee; but all members of the Executive Committee shall be members of the Board;
(b) for determining the powers and functions of the Board that may be delegated to the Executive Committee;
(c) for establishing and continuing a membership of the Museum for the purpose of involving citizens in the work, aims and purposes of the Museum;
(d) for regulating the use of the buildings vested in the Board on April 17, 1943, and any other building used for the purposes of the Museum and of their contents and for protecting the buildings and their fittings, furniture and contents from injury, destruction or misuse;
(e) for regulating the use of and protecting any property in the custody of the Board not contained in any of the buildings referred to in paragraph (d);
(f) for requiring from any person using any of the buildings referred to in paragraph (d) or any property in the custody of the Board a guarantee or security against the loss of or injury to a document or other article;
(g) for enabling the officers and employees of the Board to exclude or remove from any of the buildings referred to in paragraph (d) persons committing an offence against the law or against the by-laws;
(h) respecting any other matter for carrying out the true intent and purpose of this Act;
(i) for imposing penalties not exceeding the sum of $100 for offence against the by-laws.
R.S.1973, c.N-7, s.5; 1981, c.54, s.4; 1987, c.6, s.72; 1990, c.61, s.92; 2022, c.58, s.4
Powers of Board
10(1)The general management, regulation and control of the property placed in the custody of the Board shall be vested in and exercised by the Board.
10(2)The Board may appoint the officers and employees that it considers expedient and fix their remuneration, and they shall hold office at the pleasure of the Board.
R.S.1973, c.N-7, s.6; 1981, c.54, s.5
Non-application of the Crown Construction Contracts Act
Repealed: 2022, c.58, s.8
2022, c.58, s.5 and 8
10.1Repealed: 2022, c.58, s.8
2022, c.58, s.5 and 8
Immunity
2022, c.58, s.5
10.2No action, application or other proceeding lies or shall be instituted against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person:
(a) any member or former member of the Board; and
(b) any officer or employee or former officer or employee of the Board.
2022, c.58, s.5
Indemnity
2022, c.58, s.5
10.3The following persons shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by the person in relation to any action, application or other proceeding brought against the person in connection with the duties of the person and with respect to all other costs, charges and expenses that the person incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s wilful neglect or wilful default:
(a) any member or former member of the Board; and
(b) any officer or employee or former officer or employee of the Board.
2022, c.58, s.5
Property of Board declared to be property of the Crown
2023, c.17, s.175
11The lands and buildings and contents of the buildings vested in The Board of the New Brunswick Museum on April 17, 1943, or hereafter are declared to be the property of the Crown in right of the Province, subject to the performance of the terms, conditions or trusts on which those lands and buildings or contents were acquired by the Board.
R.S.1973, c.N-7, s.7; 2023, c.17, s.175
Acquisition of property
12(1)Subject to subsection (2), on behalf of the Crown in right of the Province, the Board may acquire, by purchase or otherwise, any property the acquisition of which is consistent with the objects of the Board.
12(2)With the consent of the Lieutenant-Governor in Council and on behalf of the Crown in right of the Province, the Board may acquire, by purchase or otherwise, real property the acquisition of which is consistent with the objects of the Board.
12(3)All property which is in the custody of the Board on June 1, 1981, shall remain in the custody of the Board.
R.S.1973, c.N-7, s.8; 1981, c.54, s.6; 2023, c.17, s.175
Gifts to Board
13(1)If the Board accepts a grant, gift, devise or bequest of land, money or other personal property from or by the Legislature, a public or private body or a person for the purpose of the purchase or erection, enlargement, repair, maintenance, furnishing or services of the buildings vested in the Board on April 17, 1943, or any other building used for the purposes of the Museum, the Board
(a) may accept the grant, gift, devise or bequest on the terms, conditions or trusts prescribed by the grantor, donor or testator,
(b) may execute an instrument required or necessary for carrying into effect those terms, conditions or trusts, and
(c) on acceptance of the grant, gift, devise or bequest, shall be bound by those terms, conditions, trusts and instruments and have power and be bound to fulfil and observe them.
13(2)When making a gift to The Board of the New Brunswick Museum, if the donor expresses the desire that the gift shall be inalienable, the Board shall not convey that gift to any person for consideration or otherwise, and a conveyance made in violation of this section shall be null and void.
13(3)The Board may dispose of any books, pamphlets, magazines, pictures and articles in its custody, hereinafter referred to generally as accessions, if the disposition is compatible with the terms under which the accession was received and
(a) the Museum has more than one of them, or
(b) in the opinion of the Board, the accession is no longer of value to the Museum.
13(4)The disposal under subsection (3) of an accession shall be by public auction, private sale or exchange to or with any other institution, corporation or person or by destruction, at the determination of the Board by resolution.
13(5)The Board may loan any of the accessions in its custody to any other institution, corporation or person for the period of time and on the terms and conditions that the Board may determine by resolution.
R.S.1973, c.N-7, s.9; 2022, c.58, s.6
Gifts to enure to benefit of Board
14A grant, gift, devise or conveyance made or to be made shall enure to the benefit of The Board of the New Brunswick Museum if made to the Board, to The Provincial Museum or its Board or to the institution under a name or for a purpose from which name or purpose it can reasonably be collected or inferred that the Museum was intended to be benefited.
R.S.1973, c.N-7, s.10
Succession duties
15Gifts inter vivos or by will to the Board or institution shall not be included in the value of an estate in a computation for the purposes of succession duties.
R.S.1973, c.N-7, s.11
Annual sums to Board
16The Province and The City of Saint John shall each pay annually to the Board the sums that are agreed on annually by the parties, and the Board shall administer these and other sums received for the maintenance of the Museum or of any of its objects.
R.S.1973, c.N-7, s.14; 1981, c.54, s.9
Natural History Society
17The Natural History Society of New Brunswick as incorporated by the Act 46 Victoria, chapter 29, is continued, and the President for the time being of The New Brunswick Museum shall be, by virtue of the office, the President of that society.
R.S.1973, c.N-7, s.15; 1981, c.54, s.10
New Brunswick Historical Society
18(1)The New Brunswick Historical Society, incorporated by the Act 45 Victoria, chapter 88, may establish branches in a county or group of counties in the Province, and the President of The New Brunswick Museum shall be the Honorary President and, by virtue of the office, a member of the Council of the Society.
18(2)The President of the Board may delegate the President’s duties as a member of the Council of the Society to another member of the Board.
18(3)A branch shall elect its President who shall be, by virtue of the office, a member of the Council of the Society and may elect the officers that it sees fit and shall manage its own affairs.
18(4)The physical property of the Society shall be kept in the Museum subject to the rules as to deposit, use, circulation, loan and disposal that the Society makes, and the physical property of a branch of the Society shall remain in the county or counties for which the branch is formed, unless that branch decides otherwise.
R.S.1973, c.N-7, s.16; 1981, c.54, s.11; 2022, c.58, s.7
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.