Acts and Regulations

2011, c.195 - New Brunswick Public Libraries Foundation Act

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Document at 17 July 2013
2011, c.195
New Brunswick Public Libraries Foundation Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Foundation” means the New Brunswick Public Libraries Foundation established under this Act. (Fondation)
“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“New Brunswick Public Libraries Board” means the New Brunswick Public Libraries Board established under the New Brunswick Public Libraries Act. (Commission des bibliothèques publiques du Nouveau-Brunswick)
“public library” means a public library as defined in the New Brunswick Public Libraries Act. (bibliothèque publique)
1997, c.N-7.1, s.1; 1998, c.41, s.91; 2000, c.26, s.229; 2006, c.16, s.125; 2007, c.10, s.70
Establishment of Foundation
2There is established a foundation called the New Brunswick Public Libraries Foundation.
1997, c.N-7.1, s.2
Purposes of Foundation
3The purposes of the Foundation are
(a) to receive gifts of real and personal property, including money, to support public libraries and public library services in the Province, including support for capital projects for public library facilities, purchase of materials, equipment and supplies for public libraries and support for those library services that may be delivered through the public library system in the Province,
(b) to invest and administer the property received,
(c) to encourage, facilitate and carry out programs and activities that will directly or indirectly increase the financial support of or confer a benefit on public libraries in the Province,
(d) to make grants and gifts in support of the public library system in the Province,
(e) to promote the use and benefits of public libraries in the Province, and
(f) to assist public library boards in raising funds for public libraries in the Province.
1997, c.N-7.1, s.3
Powers of a natural person
4Subject to this Act, the Foundation has the powers of a natural person.
1997, c.N-7.1, s.4
Foundation a body corporate
5The Foundation is a body corporate.
1997, c.N-7.1, s.5
Foundation an agent of the Crown
6The Foundation is an agent of the Crown.
1997, c.N-7.1, s.6
Board of trustees
7(1)The Foundation consists of a board of ten trustees appointed by the Lieutenant-Governor in Council.
7(2)Three of the trustees for the board shall be appointed by the Lieutenant-Governor in Council from a list of nominees submitted by the New Brunswick Public Libraries Board and the remaining trustees shall be appointed from the public at large.
7(3)One of the seven trustees appointed from the public at large shall be designated as chair by the Lieutenant-Governor in Council.
7(4)A trustee shall be appointed for a term not exceeding three years and may be reappointed for one additional term not exceeding three years.
7(5)The board of trustees of the Foundation may exercise its powers as long as there are at least six trustees in office.
7(6)A quorum for the conduct of business is a majority of the trustees holding office.
7(7)A decision of the quorum shall be a decision of the board.
7(8)Trustees shall serve without remuneration but may be reimbursed for reasonable expenses incurred in connection with the work of the Foundation.
1997, c.N-7.1, s.7
Honorary trustees
8(1)For the purposes of a special fund-raising campaign or activity of the Foundation, the Lieutenant-Governor in Council may appoint up to three honorary trustees to the Foundation for a term not exceeding two years.
8(2)Honorary trustees shall not be counted as trustees for the purposes of section 7.
8(3)Honorary trustees shall serve without remuneration but may be reimbursed for reasonable expenses incurred in connection with the work of the Foundation.
1997, c.N-7.1, s.8
Fund
9(1)The Foundation shall establish a fund.
9(2)Despite the Financial Administration Act, money received by the Foundation from any source shall be deposited into its fund.
9(3)The income of the fund accrues to and forms part of the fund.
9(4)Gifts or grants may be made from the capital or income of the Foundation.
1997, c.N-7.1, s.9
Directions of donors
10When providing grants or real or personal property in support of the public library system, the Foundation
(a) shall give effect to the specific directions for charitable purposes of persons who have made gifts to the Foundation, and
(b) may consider the general directions for charitable purposes of persons who have made gifts to the Foundation.
1997, c.N-7.1, s.10
By-laws
11(1)The board of trustees of the Foundation may make by-laws respecting the following:
(a) the calling and the conduct of meetings;
(b) the procedures and criteria for selecting public library projects, programs and services to be supported;
(c) the election of an acting chair to act in the absence of the chair; and
(d) the management of the affairs of the Foundation.
11(2)The Regulations Act does not apply to by-laws made under subsection (1).
1997, c.N-7.1, s.11
Powers of board of trustees
12The board of trustees of the Foundation may
(a) appoint those officers and employees that are considered necessary and determine the terms and conditions of their employment,
(b) use the services of public employees made available by the Province for the purpose of carrying out its activities,
(c) engage the services of persons for the conduct of or assistance related to fund-raising campaigns, and
(d) engage the services of professionals for advice in relation to investment decisions, legal matters and other matters within the board’s mandate.
1997, c.N-7.1, s.12
Audit of accounts
13(1)The Foundation shall appoint an auditor to audit the accounts of the Foundation.
13(2)An auditor appointed under subsection (1) shall be
(a) the Auditor General, or
(b) a practising public accountant acceptable to the Minister.
13(3)The expenses of an audit conducted by an auditor referred to in paragraph (2)(b) are payable by the Foundation as part of the costs of administration of the Foundation.
1997, c.N-7.1, s.13
Fiscal year
14The fiscal year of the Foundation is the period occurring between April 1 and March 31.
1997, c.N-7.1, s.14
Annual report
15(1)Within three months after the end of its fiscal year, the Foundation shall prepare and submit to the Minister an annual report.
15(2)Annual reports filed by the Foundation shall be laid by the Minister before the Legislative Assembly if it is then sitting, or, if not, at the next ensuing sitting.
1997, c.N-7.1, s.15
Operating expenses
16The operating expenses of the Foundation are payable out of the property under the administration of the Foundation.
1997, c.N-7.1, s.16
Liability of trustees
17The trustees of the board of the Foundation are not personally liable for anything done by the board if the thing done was done in good faith in the exercise or purported exercise of a power under this Act or the regulations.
1997, c.N-7.1, s.17
Winding-up
18On the winding-up of the Foundation, its assets shall be applied as follows:
(a) firstly, to pay the costs of winding-up;
(b) secondly, to pay the liabilities of the Foundation;
(c) thirdly, with respect to any remaining assets that were gifts received by the Foundation in relation to a particular public library, by transferring those assets with any accrued income to the Public Library Board; and
(d) fourthly, by transferring any remaining property to the Crown.
1997, c.N-7.1, s.18
Regulations
19The Lieutenant-Governor in Council may make regulations
(a) establishing guidelines in relation to expenses payable to trustees;
(b) respecting the funds and accounts to be maintained by the Foundation;
(c) respecting the investment powers of the Foundation.
1997, c.N-7.1, s.19
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to September 1, 2011.