First Session, 46th General Assembly
57 Elizabeth II, 2008
AN ACT TO AMEND THE ARTS COUNCIL ACT
Received and Read the First Time...................................................................
Minister of Tourism, Culture and Recreation
Ordered to be printed by the Honourable House of Assembly
Clause 1 of the Bill would repeal and substitute section 2 of the Acts Council Act to modify the definitions of "arts" and "department" and to add the definitions "compensation", "professional artist", "public or peer recognition" and "promotion or marketing of works".
In clause 2 of the Bill, the purpose clause would be amended to reflect more accurately the purpose of the Act.
Clause 3 of the Bill would outline the requirements a person must satisfy to be considered a professional artist for the purpose of the Act.
Clause 4 of the Bill would amend
section 5 of the Act to reflect more accurately the objects of the
Section 6 of the Act would be repealed and substituted in clause 5 of the Bill. The membership of the council would be increased and the composition of the council would change by adding 2 community representatives and reducing government representatives from 2 members to one. This clause would also amend the Act to restrict appointments so that members may not serve for a continuous period of more than 2 terms and specify that each member of the council should continue to hold office until he or she is reappointed or a new member is appointed.
In clause 6 of the Bill, section 7 of the Act would be amended to reduce the minimum number of meetings to the call of the chairperson, not less frequently than 3 times a year.
Clause 7 of the Bill would amend section 8 of the Act to allow the council to appoint an Executive Director with the approval of the minister. That authority currently rests with the Lieutenant-Governor in Council.
Clause 8 of the Bill would amend section 10 of the Act to reduce the number of members on the investment committee of the council and to change the manner of appointment of those members.
Clause 9 of the Bill would repeal section 15 of the Act. This section is redundant with requirements now contained in the Transparency and Accountability Act.
AN ACT TO AMEND THE ARTS COUNCIL ACT
3. S.3.1 Added
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
RSNL 1990 cA-17 as amended
1. Section 2 of the Arts Council Act is repealed and the following substituted:
2. In this Act
(a) "arts" include the performing arts, film, video, writing, music, the visual arts and multi-media arts;
(b) "compensation " includes sales, fees, royalties, commissions, salaries, residuals, grants and awards;
(c) "council" means the
(d) "department" means the department presided over by the minister;
(e) "minister" means the minister appointed under the Executive Council Act to administer this Act;
(f) "professional artist" means a professional artist referred to in section 3.1;
(g) "public or peer recognition" includes
(iii) professional prizes,
(v) honourable mentions,
(vi) appointments to adjudication committees or peer juries, and
(vii) invitations to participate in group exhibitions or performances; and
(h) "promotion or marketing of works" includes attending auditions, seeking sponsorship, agents or engagements and similar activities appropriate to the nature of an artist's work.
2. Section 3 of the Act is repealed and the following substituted:
purpose of this Act is to continue the
3. The Act is amended by adding immediately after section 3 the following:
3.1 A person shall be considered to be a professional artist for the purpose of this Act if that person satisfies 4 of the following criteria, including at least one of the criteria referred to in paragraphs (a) to (c):
(a) the person receives or has received compensation which can be included in professional or business income;
(b) the person has a record of income or loss relevant to the history of his or her work and appropriate to the span of his or her artistic career;
(c) the person has received public or peer recognition by publicly disseminated critical reviews or appraisals or by similar means;
(d) the person has presented his or her work to the public by means of exhibitions, publications, screenings, performances, readings or by other means appropriate to the nature of his or her work;
(e) the person is represented by a dealer, publisher, agent or similar professional representative appropriate to the nature of his or her work;
(f) the person devotes a reasonable proportion of his or her professional time to promoting or marketing of his or her work;
(g) the person
(i) has received professional training in an educational institution from a practitioner recognized in his or her profession, or
(ii) is self-taught within the established practices of the person's cultural traditions;
(h) the person has membership in a professional association, appropriate to his or her artistic activity,
(i) whose membership is or categories of membership are limited under standards of the association, or
(ii) which is a trade union or equivalent appropriate to his or her artistic activity; and
(i) the person holds copyright in his or her own work and has received royalty or residual payment based on that copyright.
4. Section 5 of the Act is repealed and the following substituted:
Objects of council
5. The objects of the council are to foster and promote the creation and production of works in the arts, the study and enjoyment of those works, and, in particular, the council shall
(a) foster and promote through grants and otherwise the arts of the province and the arts of groups indigenous to the province;
(b) help through grants and otherwise in the development of provincial amateur and professional artists and art organizations; and
(c) advise the minister with respect to the development of arts and arts policy in the province.
5. Section 6 of the Act is repealed and the following substituted:
6. (1) The council shall consist of 13 members to be appointed by the Lieutenant-Governor in Council.
(2) The members of the council shall, subject to the approval of the minister, select one member to act as chairperson and 2 members to act as vice-chairpersons of the council.
(3) The membership of the council shall provide geographic representation of the province and the council shall be comprised as follows:
(a) 10 of the members appointed to the council shall be professional artists who provide sectoral representation of the arts community;
(b) 2 members shall be community representatives with an interest in the arts; and
(c) one member shall be a non-voting representative from the department.
(4) Each member of the council may be appointed for a term of not longer than 3 years and is eligible for reappointment, but a member may not serve for more than 2 continuous terms.
(5) Notwithstanding subsection (4), a member of the council shall continue to hold office until he or she is reappointed or a new member is appointed.
(6) A person who holds office as a member of the council is not eligible for funding from the council during his or her term of office.
6. Subsection 7(1) of the Act is amended by deleting the word "bi-monthly" and substituting the phrase "3 times a year".
7. Subsection 8(1) of the Act is repealed and the following substituted:
8. (1) The council may, subject to the approval of the minister, appoint an executive director of the council, for whom the council shall provide remuneration out of its general funds.
8. (1) Subsection 10(1) of the Act is repealed and the following substituted:
10. (1) There shall be an investment committee consisting of one member from the council designated by the council and 2 other persons appointed by the council, subject to the approval of the minister.
(2) Subsection 10(3) of the Act is repealed.
9. Section 15 of the Act is repealed.
ŠEarl G. Tucker, Queen's Printer