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1The following definitions apply in this Act.

“arts” means the visual arts, the literary arts, crafts, music, theatre, dance, performance, media arts, architecture and interdisciplinary arts, and includes any other similar creative or interpretative activity.(arts)

“Board” means the New Brunswick Arts Board continued under section 2.(Conseil)

“financial support” means grants, bursaries or scholarships provided by the Board.(soutien financier)

“Minister” means the Minister of Tourism, Heritage and Culture and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)

1990, c.N-3.1, s.1; 1992, c.2, s.42; 1998, c.41, s.86; 2000, c.26, s.223; 2007, c.10, s.66; 2012, c.39, s.98; 2012, c.52, s.34; 2016, c.34, s.1

Continuation of Board

2016, c.34, s.2

2The body corporate constituted under the English name New Brunswick Arts Board-Conseil des arts du Nouveau-Brunswick and under the French name Conseil des arts du Nouveau-Brunswick is continued as a body corporate under the English name New Brunswick Arts Board and under the French name Conseil des arts du Nouveau-Brunswick, and is referred to in this Act as the Board.

1990, c.N-3.1, s.2; 2016, c.34, s.3

Purposes of Board

2016, c.34, s.4

3(1)The Board has the following purposes:

(a) to facilitate and promote the creation and production of art;

(b) to facilitate and promote the enjoyment, awareness and understanding of the arts;

(c) to provide advice to the government, through the Minister, on policy development respecting the arts and on matters relating to the arts;

(d) to promote and advocate for arts excellence;

(e) to celebrate artistic excellence through the development and administration of awards programs to recognize high achievement in the arts;

(f) to develop and administer programs on behalf of the Minister to provide financial support to individuals and arts organizations for artistic creation and professional development opportunities;

(g) to establish and operate a system of peer assessment, a jury system or other methods of evaluation relating to

(i) the artistic merit of works, projects and proposals submitted to the Board or to the Minister, and

(ii) the selection of new acquisitions, including acquisitions for the New Brunswick Art Bank; and

(h) to carry out such other activities or duties in relation to the arts as the Minister may direct or approve.

3(2)The Board may hold and administer funds it receives by gift, grant, donation, bequest or otherwise and shall apply those funds exclusively to its purposes under this Act.

3(3)The Board may organize a forum of the arts community from time to time for matters that are consistent with its purposes.

1990, c.N-3.1, s.3; 1998, c.24, s.3; 1999, c.27, s.1; 2016, c.34, s.5

Capacity and powers of Board

4For the purposes set out in section 3, the Board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

1990, c.N-3.1, s.4

Corporate seal

5The Board shall have a corporate seal which it may alter or change at pleasure.

1990, c.N-3.1, s.5

Composition of Board

2016, c.34, s.6

6(1)The Board shall consist of not fewer than nine and not more than eleven members, and shall include the following persons:

(a) not more than six voting members appointed by the Minister;

(b) not more than three voting members appointed by the Lieutenant-Governor in Council on the recommendation of the Minister;

(c) the Director, who is by virtue of his or her position a non-voting member; and

(d) one employee of the Department of Tourism, Heritage and Culture, designated by the Minister, who shall serve as a non-voting member.

6(1.1)Despite subsection (1) and subject to subsections (6) and (8), the chair, first vice-chair, second vice-chair and secretary-treasurer of the New Brunswick Arts Board-Conseil des arts du Nouveau-Brunswick and any other member of that board who held office immediately before the commencement of this subsection continue in office until they resign or are reappointed or replaced.

6(1.2)A member appointed under paragraph (1)(a) shall

(a) be a professional artist or a representative of an organization of professional artists,

(b) meet the criteria that the Board has established in its by-laws,

(c) be selected, in accordance with the by-laws, by a nominating committee of the Board, and

(d) be proposed to the Minister by the Board.

6(1.3)When selecting a nominee, the nominating committee shall consider the diversity of the arts community in terms of gender, age, artistic discipline, residential community, aboriginal representation and the linguistic duality of the Province.

6(2)Repealed: 2016, c.34, s.7

6(3)A member of the Board appointed under paragraph (1)(a) or (b)

(a) shall be appointed for a term not to exceed three years,

(b) may be reappointed, but shall not hold office for more than two terms consecutively, and

(c) may not serve a third term until three years pass after the end of the second term.

6(4)Despite paragraph (3)(a), appointments shall be made so that the terms of three of the members appointed under paragraph (1)(a) and the term of one of the members appointed under paragraph (1)(b) expire each year.

6(5)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.

6(6)A member of the Board appointed under paragraph (1)(a) may be removed for cause by the Minister.

6(7)Repealed: 2016, c.34, s.7

6(8)A member of the Board appointed under paragraph (1)(b) may be removed for cause by the Lieutenant-Governor in Council.

6(8.1)If a vacancy occurs among the members appointed under paragraph (1)(a), the Minister may appoint a substitute from among the nominees selected in accordance with paragraph (1.2)(c) to fill the vacancy.

6(8.2)A substitute member appointed under subsection (8.1) shall be appointed for the balance of the term of the member replaced.

6(9)If a vacancy occurs among the members of the Board appointed under paragraph (1)(b), the Lieutenant-Governor in Council, on the recommendation of the Minister, may appoint a person to fill the vacancy for the balance of the term of the member replaced.

6(9.1)If vacancies occur among the members appointed under paragraphs (1)(a) and (b) and as a result a quorum may not be constituted, the Minister shall appoint a sufficient number of members to restore a quorum.

6(9.2)A member appointed under subsection (9.1) shall be appointed for a term not to exceed two years.

6(10)In accordance with the by-laws, the members of the Board shall elect annually from among their voting members

(a) one chair,

(b) a first vice-chair, who shall act in the place of the chair when the chair is for any reason unable or unwilling to act,

(c) a second vice-chair, who shall act in the place of the chair when the first vice-chair is for any reason unable or unwilling to act on behalf of the chair, and

(d) a secretary-treasurer.

6(11)The chair shall not hold office for more than three consecutive years in a six year period.

6(12)The chair may vote on a motion at a meeting of the Board and, in the event of a tie in the votes, shall have a second or casting vote in addition to his or her original vote.

6(13)In matters coming before the Board, a member shall always act in the best interests of the Board in supporting the purposes of the Board, whether or not those interests are the same as the interests of a particular sector, discipline or organization of the arts.

1990, c.N-3.1, s.6; 1992, c.2, s.42; 1995, c.35, s.1; 1998, c.41, s.86; 1999, c.27, s.2; 2016, c.34, s.7

Employees

7The Board may employ persons, including a Director, to enable it to carry out its purposes.

1998, c.24, s.3; 1999, c.27, s.3; 2016, c.34, s.8

Meetings

2016, c.34, s.9

7.1The Board shall meet at least four times in each fiscal year.

2016, c.34, s.9

Quorum

8A majority of the voting members of the Board constitutes a quorum.

1990, c.N-3.1, s.7; 1999, c.27, s.4; 2016, c.34, s.10

Effect of vacancy

9A vacancy on the Board does not affect the power of the Board to act.

1990, c.N-3.1, s.8

Remuneration of members

10The Lieutenant-Governor in Council may

(a) authorize the payment of honoraria to the members of the Board, and

(b) fix the rate for reimbursement of expenses incurred by the members of the Board while acting on behalf of the Board.

1990, c.N-3.1, s.9

Forum of arts community

Repealed: 2016, c.34, s.11

2016, c.34, s.11

11Repealed: 2016, c.34, s.12

1990, c.N-3.1, s.10; 1999, c.27, s.5; 2016, c.34, s.12

Juries

12(1)The Board may establish juries to decide

(a) the artistic merit of works, projects and proposals submitted to the Board for evaluation,

(b) who should receive awards or prizes from the Board, and the amount of any prizes,

(c) who should receive financial support to be provided by the Board and the amount of financial support, and

(d) whose works should be acquired by the Board, and the amount to be spent on those acquisitions.

12(2)The Board is bound by the decision of a jury under subsection (1).

12(3)When the Minister has requested that the Board establish a jury, the Board may establish a jury to decide

(a) the artistic merit of works, projects and proposals submitted to the Minister for evaluation,

(b) who should receive awards or prizes from the Minister, and the amount of those prizes,

(c) who should receive financial support to be provided by the Minister and the amount of financial support, and

(d) whose works should be acquired by the Minister.

12(4)The Minister is bound by the decision of a jury under subsection (3).

12(5)A jury established under this section shall carry out its duties in accordance with the by-laws of the Board.

1990, c.N-3.1, s.11; 1999, c.27, s.6; 2016, c.34, s.13

By-laws

13The Board may make by-laws not inconsistent with this Act for all or any of the following purposes:

(a) for the establishment of committees to assist the Board in carrying out its purposes;

(b) for the establishment of juries, the determination of the number of members to comprise the juries so established, the appointment of members of juries, the duties of juries and the manner in which those duties are to be carried out;

(c) for assuring that the composition of the Board and the carrying out of its purposes are in balance with the interests of all sectors, disciplines and organizations of the arts;

(d) for the methods by which the Board shall establish criteria to be met by members, by which nominating committees shall select nominees for the Board’s approval as nominees to be proposed to the Minister for appointment as members and by which the Board shall make those proposals to the Minister;

(e) for the establishment of a process by which applicants for awards, prizes, financial assistance or sales of their work may submit works, projects and proposals to the Board;

(f) for the internal organization, management and day-to-day operation of the Board; and

(g) for the management of the property, effects and business of the Board or relating to any other thing for carrying out its purposes.

1990, c.N-3.1, s.12; 1999, c.27, s.7; 2016, c.34, s.14

Fiscal year

14The fiscal year of the Board ends on March 31 of each year.

1990, c.N-3.1, s.13

Annual budget

15(1)Subject to subsection (2), on or before June 30 in each fiscal year, the Board shall submit to the Minister for the Minister’s approval a budget for the next fiscal year, which shall include a description of all proposed strategic spending of the Board.

15(2)The spending of funds raised by the Board from sources other than the Province is not subject to the Minister’s approval.

1999, c.27, s.8

Annual report

16(1)Within six months after the end of each fiscal year, the Board shall submit to the Minister an annual report containing the following information:

(a) a report of all proceedings under this Act during that fiscal year, including but not limited to the names of jury members and the decisions of juries

(i) as to the artistic merit of works, projects and proposals with respect to activities submitted to the Board or to the Minister, as the case may be,

(ii) as to who should receive awards, prizes or financial support to be provided by the Board or the Minister and, if applicable, their amounts, and

(iii) as to whose work should be acquired;

(b) a list of each award, prize or financial support provided by the Board during that fiscal year, including

(i) the name and residential community of each recipient,

(ii) the amount of the prize or financial assistance, and

(iii) the artistic discipline and the name of the awards program or financial assistance program to which the prize or financial assistance relates; and

(c) any recommendations in relation to the arts that the Board wishes to make.

16(2)The Board shall make copies of the annual report available to the public on request.

1990, c.N-3.1, s.14; 1999, c.27, s.9; 2016, c.34, s.15

Annual audit, financial statements and related auditor’s report

17Within six months after the end of the fiscal year of the Board, it shall submit to the Minister an annual audit, financial statements and the related auditor’s report.

1999, c.27, s.10

Defects in appointments

18The acts of a member of the Board, a committee of the Board or a jury established by the Board are valid despite any defects that may be discovered in the member’s qualifications, selection or appointment.

1990, c.N-3.1, s.16

N.B. This Act was proclaimed and came into force September 1, 2011.

N.B. This Act is consolidated to July 8, 2016.

2011, c.192 - New Brunswick Arts Board Act

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