Acts and Regulations

2011, c.120 - Beaverbrook Auditorium Act

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Current to 1 January 2024
2011, c.120
Beaverbrook Auditorium Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Auditorium” means The Beaverbrook Auditorium at The City of Fredericton. (Salle)
“Board” and “Board of Governors” means the Board of Governors of the Auditorium. (conseil) et (conseil d’administration)
R.S.1973, c.B-2, s.1; 2000, c.53, s.1
Establishment
2There is created a body corporate under the name of “The Beaverbrook Auditorium”, the members of which shall be the members of the Board of Governors.
R.S.1973, c.B-2, s.2
Objects
3The objects of the 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 there.
R.S.1973, c.B-2, s.3; 2000, c.53, s.2
Custodian
4(1)There shall be a Custodian of the property of the Auditorium.
4(2)The appointment of Sir John William Maxwell Aitken as Custodian of the Auditorium is confirmed and continued.
4(3)When Sir John William Maxwell Aitken ceases to be Custodian,
(a) the Lieutenant-Governor in Council shall appoint as Custodian a person who shall be nominated for the office by the Beaverbrook Canadian Foundation,
(b) if no nomination is made under paragraph (a) 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 for the office by the Board of Governors, and
(c) if no nomination is made under paragraph (a) or (b) 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 or her successor is appointed, whichever is longer.
4(5)The Custodian may resign from office at any time.
R.S.1973, c.B-2, s.4; 1978, c.8, s.1; 1984, c.37, s.1; 2000, c.53, s.3
Board of Governors
5(1)The affairs of the Auditorium shall be managed by a Board of Governors.
5(2)The Board of Governors shall consist of the Custodian and 24 Governors, six of whom and their successors in office shall be appointed by the Lieutenant-Governor in Council, and the remaining 18 of whom shall be appointed by the Custodian.
5(3)In appointing Governors, the Custodian shall take into account any recommendations made to him or her by the Board, and, in relation to the appointment of Governors, the Board and the Custodian shall 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(4)The term of office to which each Governor 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(5)A Governor may resign his or her office at any time.
5(6)A Governor may be removed from office by resolution of the Board if he or she has been absent from three successive meetings of the Board without providing to the Board in writing a reasonable excuse for his or her absence.
5(7)The Chair of the Board of Governors shall be the member of the Board that is selected by the Board.
R.S.1973, c.B-2, s.5; 1978, c.8, s.2; 1984, c.37, s.2; 1987, c.8, s.1; 2000, c.53, s.4
Powers of Board of Governors
6(1)The Board of Governors
(a) may enter into contracts in the name of the 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 Auditorium including every gift to it and endowment made for its benefit, and all income received from it, providing that all the resources of the Auditorium, including all income from it, 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 Auditorium;
(d) may employ a manager and assistants, clerks, employees and technical and professional advisers on the terms and conditions that it considers expedient;
(e) 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 to it;
(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 Auditorium.
6(2)Any exercise of the powers conferred by subsection (1) shall only be with the approval of the Custodian.
R.S.1973, c.B-2, s.6; 2000, c.53, s.5
Expenses of Governors
7The 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.
1984, c.37, s.3; 1987, c.8, s.2
Power to sell property
8Despite 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
9The accounts and financial transactions of the Auditorium 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-2, s.7; 2016, c.37, s.21; 2019, c.29, s.13
Grant of land
10With the approval of the Lieutenant-Governor in Council, the Minister of Transportation and Infrastructure may grant to the Auditorium, in fee simple, any lands required for its purposes.
R.S.1973, c.B-2, s.8; 2010, c.31, s.22
Taxation of land
11The lands, buildings and other property of the Auditorium shall be exempt from municipal taxation.
R.S.1973, c.B-2, s.9
Ratification of sale
12The 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 absolutely freed, released, acquitted and discharged from all trusts and conditions created by this Act.
2000, c.53, s.7
Continuance under federal act
2022, c.18, s.1
13(1)The Board of Governors is authorized to apply to the Director appointed under the Canada Not-for-profit Corporations Act (Canada) for the continuance of the Auditorium as a not-for-profit corporation under that Act.
13(2)If the Minister of Tourism, Heritage and Culture receives notice that establishes to the Minister’s satisfaction that a certificate of continuance has been issued under the Canada Not-for-profit Corporations Act (Canada), this Act ceases to apply to the Auditorium on the effective date of the continuance shown in the certificate of continuance.
2022, c.18, s.1
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 10, 2022.