Acts and Regulations

N-7 - New Brunswick Museum Act

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Repealed on 1 September 2011
CHAPTER N-7
New Brunswick Museum Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“Board” means The Board of the New Brunswick Museum, and also means the Board acting by or through its Executive Committee;(Conseil)
“property” includes all documents, records, books, or objects of historic, artistic, scientific or traditional interest acquired by the Board under the provisions of this Act.(biens)
“public records” Repealed: 1981, c.54, s.1
R.S., c.158, s.1; 1981, c.54, s.1
New Brunswick Museum
2The corporate body, known as “The New Brunswick Museum,” constituted by the Act 7 George VI, (1943), Chapter 28, is hereby continued.
R.S., c.158, s.2
Board of the New Brunswick Museum
3(1)The body corporate and politic created by the Act 19 George V, (1929), chapter 53, is continued under the name “The Board of the New Brunswick Museum” and shall consist of not more than fifteen members to be appointed by the Lieutenant-Governor in Council, one of whom shall be appointed as President of the Board by the Lieutenant-Governor in Council.
3(1.1)Repealed: 1988, c.68, s.1
3(2)The members of the Board shall be appointed by the Lieutenant-Governor in Council for a term of not more than three years.
3(2.1)Unless the member’s appointment is revoked, a member of the Board shall remain in office, notwithstanding the expiry of the member’s term, until the member resigns or is reappointed or replaced.
3(3)Repealed: 1988, c.68, s.1
3(4)Each member is eligible for reappointment at the expiration of his term.
3(5)Repealed: 1988, c.68, s.1
3(6)The members of the Board may be paid real and true expenses.
R.S., c.158, s.3; 1973, c.74, s.60; 1981, c.54, s.2; 1986, c.61, s.1; 1988, c.68, s.1
Honorary president
3.01The Lieutenant-Governor in Council may from time to time appoint an honorary president of the Board.
1986, c.61, s.2
Honorary patrons
3.1The Premier of the Province, the Leader of the Opposition in the Legislative Assembly and the Minister of Wellness, Culture and Sport are honorary patrons of the Museum and are entitled to attend all meetings of the Board.
1981, c.54, s.3; 1983, c.30, s.24; 1986, c.8, s.88; 1992, c.2, s.45; 1998, c.41, s.89; 2000, c.26, s.227; 2007, c.10, s.68
Capacity, rights and privileges of Board
3.2The Board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
1981, c.54, s.3
Objects of the Board
3.3The objects of the Board are
(a) to foster and promote the study and public enjoyment and appreciation of the natural, human and cultural heritage of New Brunswick and of other jurisdictions by collecting, purchasing, preserving and interpreting property which relates to this cultural heritage;
(b) to operate, control, conduct and maintain
(i) the Museum as the major provincial repository for property relating to the natural, human and cultural heritage of New Brunswick and other jurisdictions;
(ii) information programs respecting the natural, human and cultural heritage of New Brunswick and other jurisdictions by means of publications, loans, exhibitions and educational programs consistent with the need to ensure the preservation of the property;
(iii) research programs respecting the natural, human and cultural history of New Brunswick and other jurisdictions;
(c) to assist and co-operate with other persons, organizations or institutions and to enter into arrangements with any persons, organizations or institutions that may seem conducive to the objects of the Board or any of them; and
(d) to do all things necessary or expedient in the operation of the Museum.
1981, c.54, s.3
Jurisdiction of Board
4(1)The Board shall manage, control and administer the following property:
(a) property vested in Her Majesty in right of the Province by section 7;
(b) property deposited in the Museum under the authority of section 6 of the Historic Sites Protection Act, chapter H-6 of the Revised Statutes, 1973, immediately before the commencement of this section;
(c) property deposited in the Museum under an agreement with the Minister of Wellness, Culture and Sport under the authority of subsection 7(1) of the Heritage Conservation Act;
(d) property given to or acquired by the Board for the purposes of the Museum; and
(e) the income received by the Board or the Province from trusts established for the benefit of the Museum or for purposes in connection with the Museum.
4(2) The Board has and shall exercise all the powers, rights and privileges vested in The Board of The New Brunswick Museum on April 17, 1943, insofar as they are consistent with the provisions of this Act.
R.S., c.158, s.4; 2010, c.H-4.05, s.116
By-laws
5The Board has the power to make by-laws not inconsistent with this Act for all or any of the following purposes:
(a) for the selection from time to time of an Executive Committee, the determination of the number of members comprising this Committee and the appointment of these members of the Executive Committee; but all members of the Executive Committee shall be members of the Board;
(b) for determining the powers and functions of the Board that may be delegated to the Executive Committee from time to time;
(c) for establishing and continuing a membership of the Museum for the purpose of involving citizens in the work, aims and purposes of the Museum;
(d) for regulating the use of the building known as The New Brunswick Museum and of the contents thereof, and for protecting the same and the fittings, furniture and contents thereof from injury, destruction or misuse;
(e) for regulating the use of and protecting any property in the custody of the Board not contained in the said building;
(f) for requiring from any person using the building or any property in the custody of the Board any guarantee or security against the loss of or injury to any document or other article;
(g) for enabling the officers and servants of the Board to exclude or remove from the building persons committing any offence against the law or against the by-laws;
(h) respecting any other matter for carrying out the true intent and purpose of this Act;
(i) for imposing penalties not exceeding the sum of one hundred dollars for offence against the by-laws.
R.S., c.158, s.5; 1981, c.54, s.4; 1987, c.6, s.72; 1990, c.61, s.92
Power of Board respecting property
6(1)The general management, regulation and control of the property placed in the custody of the Board shall be vested in and exercised by the Board.
Officers and employees of the Board
6(2)The Board may appoint such officers and employees as it deems expedient and fix their remuneration, and they shall hold office at the pleasure of the Board.
R.S., c.158, s.6; 1981, c.54, s.5
Power of Board respecting property vested in it before 1943
7The lands and buildings and contents of the buildings vested in The Board of the New Brunswick Museum on April 17, 1943 or hereafter are hereby declared to be the property of Her Majesty in right of the Province, subject, however, to the performance of any terms, conditions or trusts upon which any such lands and buildings or contents were acquired by the Board.
R.S., c.158, s.7
Power of Board to acquire property
8(1)Subject to subsection (2), the Board may, on behalf of Her Majesty in right of the Province, acquire by purchase or otherwise any property the acquisition of which is consistent with the objects of the Board.
8(2)The Board may, with the consent of the Lieutenant-Governor in Council and on behalf of Her Majesty in right of the Province, acquire by purchase or otherwise real property the acquisition of which is consistent with the objects of the Board.
8(3)All property which is in the custody of the Board on June 1, 1981 shall remain in the custody of the Board.
R.S., c.158, s.8; 1981, c.54, s.6
Gifts
9(1)Where the Board accepts a grant, gift, devise or bequest of land, money or other personal property from or by the Legislature or any public or private body or person for the purposes of the purchase or erection, enlargement, repair, maintenance, furnishing or services of any building, the Board may accept such grant, gift, devise or bequest upon the terms, conditions or trusts prescribed by the grantor, donor or testator and may execute any instrument required or necessary for carrying into effect those terms, conditions or trusts, and upon acceptance of the grant, gift, devise or bequest shall be bound by such terms, conditions, trusts and instruments, and have power and be bound to fulfil and observe the same.
Gifts
9(2)Where, in making any gift to The Board of The New Brunswick Museum, the donor expresses the desire that his gift shall be inalienable, the Board shall not convey that gift to any person for consideration or otherwise, and any conveyance made in violation of this section shall be null and void.
Power of Board to dispose of property
9(3)The Board may dispose of any books, pamphlets, magazines, pictures and articles in its custody, hereinafter referred to under the general term of accessions, where the Museum has more than one of the same or where the accession is in the opinion of the Board no longer of value to the Museum, by public auction, private sale, or exchange to or with any other institution, corporation or person, or by destruction, as the Board may determine by resolution, unless such disposition is incompatible with the terms under which the accession was received.
Power of Board to loan property
9(4)The Board may loan any of the accessions in its custody to any other institution, corporation or person for such period of time and upon such terms and conditions as the Board may determine by resolution.
R.S., c.158, s.9; 1961-62, c.64, s.1
Gifts
10Any grant, gift, devise or conveyance made or to be made shall enure to the benefit of The Board of The New Brunswick Museum if made to the Board or to The Provincial Museum or to the Board thereof or to the institution under any name or for any purpose from which name or purpose it can reasonably be collected or inferred that the Museum was intended to be benefited.
R.S., c.158, s.10
Succession Duties
11Gifts inter vivos or by will to the Board or institution shall not be included in the value of an estate in any computation for the purposes of succession duties.
R.S., c.158, s.11
Repealed
12Repealed: 1981, c.54, s.7
R.S., c.158, s.12; 1981, c.54, s.7
Repealed
13Repealed: 1981, c.54, s.8
R.S., c.158, s.13; 1981, c.54, s.8
Grant to Board
14The Province and the City of Saint John shall each pay annually to the Board such sums as are agreed upon annually by the parties and the Board shall administer these and other sums received for the maintenance of the Museum or of any of its objects.
R.S., c.158, s.14; 1981, c.54, s.9
Natural History Society
15(1)The Natural History Society of New Brunswick as incorporated by the Act 46 Victoria, Chapter 29, is hereby continued in existence, and the President for the time being of The New Brunswick Museum shall be the President ex officio of the said society.
15(2)Repealed: 1981, c.54, s.10
R.S., c.158, s.15; 1981, c.54, s.10
New Brunswick Historical Society
16(1)The New Brunswick Historical Society, incorporated by the Act 45 Victoria, Chapter 88, may establish branches in any county or group of counties in the Province, and the President of The New Brunswick Museum shall be the Honorary President and ex officio member of the Council of the Society.
16(1.1)The President of the Board may delegate his duties as ex officio member of the Council of the Society to another member of the Board.
16(2)Each branch shall elect its President who shall be ex officio a member of the Council of the Society and may also elect such other officers as it sees fit and shall manage its own affairs.
16(3)Repealed: 1981, c.54, s.11
16(4)The physical property of the Society shall be kept in the Museum subject to such rules as to deposit, use, circulation, loan and disposal as the Society may make, and the physical property of any branch of the Society shall remain in the county or counties for which such branch is formed unless the particular branch shall otherwise decide.
R.S., c.158, s.15; 1954, c.64, s.1; 1981, c.54, s.11
N.B. This Act is consolidated to September 1, 2011.