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1The following definitions apply in this Act.

“library” means(bibliothèque)

(a) a collection of materials organized for lending or consultation,

(b) a collection of materials having literary or artistic merit and having educational, recreational or informational value,

(c) the services of personnel who can provide materials and give guidance in their use, and

(d) the physical facilities provided for under this Act.

“library region” means a region in the Province defined as a library region by the Minister. (région de bibliothèque)

“materials” includes books, periodicals, pamphlets, newspapers, photographic reproductions, paintings, films, filmstrips, sheet music, sound recordings and electronic databases and texts, videos, CD-ROMs and other information in digital form. (documents)

“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)

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

“public library” means a library where services are available without charge to residents of the Province. (bibliothèque publique)

“public library system” means the cooperative public library system set up under section 9 by arrangement between the Minister and municipalities and associations of persons, and includes the services provided by the Minister under section 8. (réseau de bibliothèques publiques)

R.S.1973, c.L-5, s.1; 1983, c.30, s.20; 1986, c.8, s.65; 1992, c.2, s.32; 1997, c.49, s.2; 1998, c.41, s.90; 2000, c.26, s.228; 2005, c.7, s.54; 2006, c.16, s.124; 2007, c.10, s.69; 2017, c.20, s.120; 2017, c.63, s.40; 2019, c.2, s.99

Administration

2The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

R.S.1973, c.L-5, s.2

Provincial Librarian

3The Minister shall appoint an employee in the civil service to be the Provincial Librarian, who shall be responsible for the management of the public library system.

1997, c.49, s.3

New Brunswick Public Libraries Board

4(1)There is established the New Brunswick Public Libraries Board consisting of not less than ten and not more than 14 members as follows:

(a) the Provincial Librarian, who shall be a non-voting member;

(b) one member from each library region, selected in accordance with section 12; and

(c) the remainder of the members who shall be appointed by the Minister from the public at large.

4(2)Members selected under paragraph (1)(b) or appointed under paragraph (1)(c) shall serve for a term of three years.

4(3)A member of the New Brunswick Public Libraries Board who has served two consecutive terms shall not be eligible to serve another term until one year has elapsed after the end of the second term.

4(4)A member of the New Brunswick Public Libraries Board shall not receive any remuneration but is entitled to receive reasonable travelling expenses.

R.S.1973, c.L-5, s.7; 1997, c.49, s.8

Organization of New Brunswick Public Libraries Board

5(1)The members of the New Brunswick Public Libraries Board shall elect a chair and a vice-chair from among the members of the board.

5(2)The New Brunswick Public Libraries Board may make rules for the conduct of its business.

R.S.1973, c.L-5, s.8; 1997, c.49, s.9

Duties of New Brunswick Public Libraries Board

6The New Brunswick Public Libraries Board

(a) shall advise the Minister on policy, service levels and provincial standards for public libraries and library services,

(b) shall report to the Minister, in advance of the Province’s annual budget process, on the status of the public library system and make recommendations to the Minister on library issues, budgets, policies, standards and guidelines, as considered advisable by the Board,

(c) shall study and make recommendations to the Minister on issues relating to the public library system, as requested by the Minister or on its own initiative,

(d) shall assist the New Brunswick Public Libraries Foundation in identifying needs of the public library system that may be met through promotional and fund-raising campaigns or gifts from the Foundation, and

(e) shall submit a list, when required, to the Lieutenant-Governor in Council of not fewer than three nominees from among its members to be trustees of the New Brunswick Public Libraries Foundation.

R.S.1973, c.L-5, s.9; 1997, c.49, s.10

Establishment of library regions

7The Minister may divide the Province into a maximum of eight library regions.

R.S.1973, c.L-5, s.10; 1997, c.49, s.11

Authority of Minister

8The Minister

(a) may enter into arrangements with municipalities and associations of persons for the provision by the Minister of library services, including staff and materials, and for the provision of facilities, equipment and the maintenance of the facilities and equipment by the municipalities and associations of persons,

(b) may enter into arrangements with public library boards respecting the delivery of library services,

(c) may make provision for library services to persons living in unincorporated areas of the Province,

(d) may establish, in consultation with the New Brunswick Public Libraries Board, policies, standards and guidelines for the effective operation of the public library system,

(e) may provide central services to public libraries such as cataloguing, interlibrary loans and other services to effect an efficient delivery of library services to the public,

(f) may establish and maintain a union catalogue and provide access to it in all public libraries, and

(g) may provide staff and other support to the New Brunswick Public Libraries Board.

1997, c.49, s.14

Establishment of public library

9(1)With the approval of the Minister, any municipality or association of persons, or combination of them, may establish, equip and maintain a public library as part of the provincial public library system.

9(2)A municipality or association of persons that receives the approval of the Minister under subsection (1) shall enter into an arrangement with the Minister with respect to the provision by the Minister of library services, including staff and materials, and with respect to the responsibilities of the municipality or association of persons under subsection (1).

R.S.1973, c.L-5, s.13; 1997, c.49, s.15

Public Library Board

10(1)When a public library is established by a municipality or by an association of persons under section 9 there shall be a Public Library Board responsible for library service.

10(2)A Public Library Board consists of not less than three and not more than nine members appointed by the municipality or association of persons for a term of three years, except that of the first three appointed, one shall be appointed for a term of one year and one for a term of two years.

10(3)Despite subsection (2) and if in the opinion of the Minister the circumstances warrant, the Minister may, on application, authorize a municipality or association of persons to appoint a Public Library Board consisting of not more than 12 members.

R.S.1973, c.L-5, s.14; 1997, c.49, s.16

Status and duties of Public Library Board

11(1)A Public Library Board shall be a body corporate known as (insert the name of the community here) Public Library Board.

11(2)A Public Library Board

(a) may receive, hold and administer bequests and gifts of real and personal property and raise funds for library use,

(b) may augment materials in a library, including collections of a special local interest, with the approval of the Provincial Librarian,

(c) may initiate, facilitate and augment local library programs,

(d) may recruit volunteers to assist with the provision and delivery of library services,

(e) may perform those activities conducive to proper public library service in the community,

(f) may vote for the representative from the library region who is to sit as a member of the New Brunswick Public Libraries Board,

(g) shall enter into an arrangement with the Minister respecting the delivery of library services,

(h) shall submit annually an estimate in detail of its requirements to the municipality or association of persons with respect to equipping and maintaining the library,

(i) shall submit to the Minister, in advance of the Province’s annual budget process, an estimate in detail for the following year of its requirements with respect to staff, materials and incidental expenditures, and

(j) shall submit to the Minister and municipality or association of persons at the end of each year a report of its activities.

R.S.1973, c.L-5, s.15; 1997, c.49, s.17

Representative for region on New Brunswick Public Libraries Board

12(1)The Public Library Boards within a library region shall select a person who is a member of a Public Library Board in that region to be a member of the New Brunswick Public Libraries Board.

12(2)The person shall be selected at a meeting of the Public Library Boards in the library region or in any other manner acceptable to the Minister.

12(3)The person selected may sit as a member of the New Brunswick Public Libraries Board only for so long as he or she remains a member of a Public Library Board in the region which he or she represents.

1997, c.49, s.18

Authority of Minister when regions change

13(1)Despite any other provision of this Act, when a new library region is created and in the opinion of the Minister the circumstances require it, the Minister shall determine, in respect of a member of the New Brunswick Public Libraries Board selected under section 12, which region the member represents and which region requires the selection of a new member to the Board.

13(2)Despite any other provision of this Act, when two or more library regions are consolidated and in the opinion of the Minister the circumstances require it, the Minister may determine which member of the New Brunswick Public Libraries Board selected under section 12 is to represent the consolidated region.

1997, c.49, s.18

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

N.B. This Act is consolidated to March 29, 2019.

2011, c.194 - New Brunswick Public Libraries Act

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