Acts and Regulations

B-1 - Beaverbrook Art Gallery Act

Full text
Repealed on 1 September 2011
CHAPTER B-1
Beaverbrook Art Gallery Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“Board” and “Board of Governors” mean the Board of Governors of The Beaverbrook Art Gallery;(conseil) et (conseil d’administration)
“Gallery” means the Beaverbrook Art Gallery at the City of Fredericton;(Galerie)
“gift” includes grant, devise, bequest, trust and endowment;(don)
“work of art” includes painting, print, picture, book, sculpture, antique and other similar property.(oeuvre d’art)
1961-62, c.5, s.1
The Beaverbrook Art Gallery, a body corporate
2There is hereby created a body corporate under the name of “The Beaverbrook Art Gallery”, the members of which shall be the members from time to time of the Board of Governors and any other persons who are members in good standing in accordance with the by-laws.
1961-62, c.5, s.2; 1986, c.15, s.1
Gallery designated as the Provincial Art Gallery
2.1The Beaverbrook Art Gallery is designated as the Provincial Art Gallery.
1994, c.96, s.1
Objects of Gallery
3The objects of The Beaverbrook Art Gallery are to foster and promote the study and the public enjoyment and appreciation of the arts of painting, drawing, sculpture and other graphic arts and similar creative and interpretative activities, including the exhibition and production of works of art, and in furtherance of such objects to operate and manage the Gallery.
1961-62, c.5, s.3
Custodians of Gallery
4(1)Sir John William Maxwell Aitken and Lady Beaverbrook are Custodians of the Gallery until his or her death or resignation and after the death or resignation of Sir John William Maxwell Aitken, the Lieutenant-Governor in Council shall appoint another Custodian nominated by The Beaverbrook Canadian Foundation as occasion requires.
4(2)Each person appointed by the Lieutenant-Governor in Council to be a Custodian shall hold office for a term of three years or until his successor is appointed but a Custodian is eligible for reappointment on the expiration of his term of office.
4(3)A Custodian may resign from office at any time.
1961-62, c.5, s.4; 1972, c.19, s.1
Board of Governors
5(1)The affairs of The Beaverbrook Art Gallery shall be managed by a Board of Governors.
5(2)The Board of Governors shall consist of the Custodian or Custodians and eighteen Governors appointed by the Lieutenant-Governor in Council as follows:
(a) one Governor nominated by each of the following:
(i) the Premier of New Brunswick,
(ii) the Minister of Education and Early Childhood Development,
(ii.1) Minister of Wellness, Culture and Sport;
(iii) the Leader of Her Majesty’s Opposition in the Legislative Assembly,
(iv) the Chancellor of the University of New Brunswick,
(v) the Chancellor of Mount Allison University, and
(vi) the Chancellor of the Université de Moncton;
(b) one Governor nominated by The New Brunswick Teachers’ Federation;
(c) four Governors nominated by the Custodian or Custodians;
(d) four Governors nominated by The Tecolote Foundation; and
(e) two Governors nominated by the members of The Beaverbrook Art Gallery from among their own number.
5(3)Each person appointed to be a Governor shall hold office for a term of three years or until his successor is appointed but a Governor is eligible for reappointment on the expiration of his term of office.
5(4)A Governor may resign his office at any time.
5(5)The Board of Governors shall elect from its members a Chair.
5(6)The term of office of the Chair of the Board of Governors shall be for one year, or until his or her term as Governor expires, whichever occurs first.
5(7)A Governor appointed under subsection (2) may be removed for cause by the Lieutenant-Governor in Council.
1961-62, c.5, s.5; 1961-62, c.48, s.1; 1972, c.19, s.2, 3; 1986, c.15, s.2; 1991, c.19, s.1; 1994, c.96, s.2; 1998, c.41, s.12; 2000, c.26, s.26; 2005, c.6, s.1; 2007, c.10, s.19; 2010, c.31, s.21
Board of Governors, powers of
6The Board of Governors
(a) may enter into contracts in the name of The Beaverbrook Art Gallery;
(b) subject to section 7, may acquire any work of art or other property for The Beaverbrook Art Gallery and may dispose of any work of art or property of the same;
(c) shall manage, control and administer the property of The Beaverbrook Art Gallery, including every gift to it and endowment made for its benefit, and all income received therefrom; and all the resources of The Beaverbrook Art Gallery including the income therefrom 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 Beaverbrook Art Gallery;
(d) may permit the Gallery to be used in such way and for such purposes as it deems suitable where such use is in furtherance of all or some of the charitable purposes of The Beaverbrook Art Gallery;
(e) may exhibit works of art and products of applied and industrial design;
(f) may employ a director and such other officers and employees, and engage such technical and professional advisers, on such terms and conditions as it deems expedient;
(g) may make by-laws for
(i) the regulation of proceedings of the meetings of the Board of Governors and of the members of The Beaverbrook Art Gallery including the fixing of a quorum in each case;
(ii) the selection from the Board of Governors of an executive committee and the delegation of powers and duties thereto;
(iii) the election or appointment of officers and the definition of their duties;
(iv) the appointment of honorary officers and of advisory committees;
(v) the admission, suspension and expulsion of members of The Beaverbrook Art Gallery and the establishment of various classes of those members;
(vi) the operation of the Gallery and the conduct and management of the affairs of The Beaverbrook Art Gallery.
1961-62, c.5, s.6; 1961-62, c.48, s.2; 1972, c.19, s.4, 5; 1986, c.15, s.3
Acquisition of or disposal of works of art
7No acquisition by or disposal of a work of art owned by the Beaverbrook Art Gallery shall be made without a resolution of the Board of Governors.
1961-62, c.5, s.7; 1972, c.19, s.6
Acceptance of gift by Board
8(1)The Board of Governors may, subject to section 7, accept any gift from any public or private body or person notwithstanding that it is made by the donor on terms and conditions, and may execute any instrument necessary or expedient to ensure the carrying into effect of such terms and conditions, but the acceptance and carrying out of such terms and conditions shall not in any way conflict with the carrying out of the charitable purposes of The Beaverbrook Art Gallery.
8(2)Where in making any gift to The Beaverbrook Art Gallery the donor expresses the desire that the object of his gift shall be inalienable, the Board of Governors shall not transfer such object to any public or private body or person for consideration or otherwise, and any transfer made in violation of this subsection shall be null and void.
8(3)Any gift made or to be made shall enure to the benefit of The Beaverbrook Art Gallery if made under any name or for any purpose from which name or purpose it can be reasonably inferred that The Beaverbrook Art Gallery was intended to be benefited.
1961-62, c.5, s.8
Financial statements
9The accounts and financial transactions of The Beaverbrook Art Gallery shall be audited annually and a copy of the audited statement, signed on behalf of the Board of Governors, by two members thereof, shall be filed with the Minister of Finance.
1961-62, c.5, s.9; 1972, c.19, s.7
Vesting of property
10(1)The property vested in the Board of Governors of the Lord Beaverbrook Art Gallery, including the Lord Beaverbrook Art Gallery at Fredericton, and the lands on which the same is located, the description of which lands is set out in Schedule A, being by virtue of section 4 of Chapter 10 of 6 Elizabeth II, 1957, Lord Beaverbrook Art Gallery Act, the property of Her Majesty in right of the Province is hereby vested in The Beaverbrook Art Gallery.
10(2)The Beaverbrook Art Gallery is hereby charged with and made liable for all obligations and liabilities of the body corporate created by said Chapter 10 of 6 Elizabeth II, 1957, Lord Beaverbrook Art Gallery Act.
10(3)All gifts heretofore or hereafter made in favour of the body corporate called “The Board of Governors of the Lord Beaverbrook Art Gallery” shall avail to and be vested in The Beaverbrook Art Gallery.
1961-62, c.5, s.10
Taxation, exemption
11The lands, buildings and other property of The Beaverbrook Art Gallery shall be exempt from municipal taxation.
1961-62, c.5, s.11
SCHEDULE A
A tract of land situate in the City of Fredericton in the County of York, in the Province of New Brunswick, and bounded as follows, to-wit:
Beginning at a point in the Northeasterly limit of Queen Street, in the City of Fredericton, said point being marked by a drill mark in the cement sidewalk, and being distant fifty-nine feet and eight-tenths of a foot measured on a course South twenty-three degrees and four minutes East by the Magnet of the year 1957 from the intersection of said Northeasterly limit of Queen Street with the Northeasterly prolongation of the Northwesterly limit of Saint John Street; thence from said point of beginning and running by the Magnet of the aforesaid year South twenty-three degrees and four minutes East along said limit of Queen Street, a distance of three hundred and eighty-five feet and five-tenths of a foot to an iron pipe; thence North sixty-six degrees and fifty-six minutes East, a distance of one hundred and sixteen feet and four-tenths of a foot to an iron pipe placed in the top of the bank of the Saint John River; thence in a Northwesterly direction along said top of bank to an iron pin distant four hundred and thirty-five feet and four-tenths of a foot measured on a course North fourteen degrees and twenty-four minutes West from the last-mentioned iron pipe; and thence South fifty-three degrees West, a distance of one hundred and eighty-seven feet and three-tenths of a foot or to the point of beginning.
Containing one acre and four-tenths of an acre, more or less, and being a part of the lands shown as reserved for a Common in Grant Number 153, dated March, 1788, to Cornelius Ackerman and Others.
1961-62, c.5, Sched. A
N.B. This Act is consolidated to September 1, 2011.