Short title

        1. This Act may be cited as the Arts Council Act.

1980 c4 s1

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Definitions

        2. In this Act,

             (a)  "artist" means an artist referred to in section 3.1;

             (b)  "arts" means, except where the context indicates otherwise,

                      (i )  dance,

                     (ii)  film and video,

                    (iii)  Indigenous arts and practices,

                    (iv)  literary arts,

                     (v)  multi-disciplinary arts,

                    (vi)  music and sound,

                   (vii)  theatre and performing arts,

                  (viii)  visual arts, and

                    (ix)  other similar creative and interpretative works or activities;

             (c)  "arts administrator" means a person employed with an arts organization who facilitates operations and programming for the arts organization;

             (d)  "arts organization" means an organization whose primary activity is arts creation, arts presentation or arts programming;

             (e)  "council" means the Newfoundland and Labrador Arts Council referred to in section 4;

             (f)  "department" means the department presided over by the minister;

             (g)  "minister" means t he minister appointed under the Executive Council Act to administer this Act;

             (h)  "peer" means, in relation to an artist, an artist working in the same artistic field; and

              ( i )  "specialized training" means

                      (i )  formal training at an educational institution,

                     (ii)  an apprenticeship, mentorship or other direct training from another artist,

                    (iii)  teachings within the practices of a person’s cultural traditions, or

                    (iv)  self-directed learning through the study of artistic works or techniques of other artists.

2008 c35 s1; 2019 c8 s2; 2024 c34 s1

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Purpose

        3. The purpose of this Act is to continue the Newfoundland and Labrador Arts Council to foster and promote the creation and production of works in the arts in the province, the study and enjoyment of those works, and to encourage public awareness of the arts.

2008 c35 s2

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Artist

        3.1 A person shall be considered to be an artist for the purpose of this Act where the person  

             (a)  demonstrates an intention to develop the person's arts practice for purposes other than personal enjoyment;

             (b)  is recognized as an artist by the person's peers;

             (c)  demonstrates a history of

                      (i )  presenting the person's artistic works publicly,

                     (ii)  publishing the person's artistic works, or 

                    (iii)  engaging in the person's artistic practice in other public contexts; and

             (d)  has specialized training in the person's artistic field.

2008 c35 s3; 2024 c34 s2

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Council

        4. The Newfoundland and Labrador Arts Council is continued as a corporation.

1980 c4 s4

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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 emerging and established artists and arts organizations in the province; and

             (c)  advise the minister with respect to the development of arts and arts policy in the province.

2008 c35 s4; 2024 c34 s3

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Membership

        6 . (1)  The council shall consist of

             (a)  not fewer than 9 and not more than 11 members appointed by the Lieutenant-Governor in Council in accordance with subsections (3) and (4); and

             (b)  the assistant deputy minister responsible for arts in the department or the assistant deputy minister's designate, who shall be a non-voting member.

             (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)  Members appointed by the Lieutenant-Governor in Council under paragraph (1)(a) shall be resident in the province.

             (4)  Not fewer than 7 of the members appointed under paragraph (1)(a) shall be artists or arts administrators.

             (5)  A member of the council may be appointed for a term which shall not exceed 3 years and is eligible for reappointment but shall not be a member for more than 2 consecutive terms.

             (6)  Notwithstanding subsection (5), a member of the council shall continue to hold office until the member is reappointed or replaced.

             (7)  A member of the council shall not serve on a committee that makes decisions respecting applications for funding.

             (8)  The minister shall, by regulation, establish guidelines respecting conflict of interest for members of the council relating to their

             (a)  eligibility to apply for funding from the council;

             (b)  involvement in the assessment of applications for funding; and

             (c)  approval of recommendations relating to the use or distribution of funding.

2008 c35 s5; 2024 c34 s4

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Meetings and expenses

        7. (1) The council shall meet at the call of the chairperson, not less frequently than 3 times a year.

             (2)  Members of the council shall be reimbursed by the council for expenses incurred in relation to meetings and the work of the council in accordance with guidelines established by the Lieutenant-Governor in Council .

             (3)  The expenses of the council shall be defrayed out of money appropriated for that purpose by the Legislature.

1980 c4 s7; 2008 c35 s6; 2024 c34 s5

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Staff

        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.

             (2)  The council may employ in the manner provided by law and provide remuneration out of the general funds of the council for those employees that are considered necessary by the council for the purpose of this Act.

1980 c4 s8; 2008 c35 s7

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Arts fund

        9. (1) The council shall establish a fund to be called the arts fund, to which shall be credited the sum of money that may be paid to the council for that purpose out of the Consolidated Revenue Fund from money appropriated by the Legislature.

             (2)  The council may in relation to the money standing to the credit of the arts fund spend only the interest earned as a result of investing that money.

1980 c4 s9

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Investment committee

      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)  The investments committee shall help and advise the council in making, managing and disposing of investments made under this Act.

             (3)  [Rep. by 2008 c35 s10]

1980 c4 s10; 2008 c35 s10

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Property

      11. (1) The council may, for the purpose of this Act, acquire, hold, manage and dispose of real and personal property and on the advice of the investments committee may invest money standing to the credit of the arts fund in the investments that are authorized investments for a trustee under the Trustee Act or in the investments that are specifically approved by the Lieutenant-Governor in Council and may hold, manage and dispose of the investments.

             (2)  The proceeds of a sale or other disposition of an investment made out of the arts fund shall be credited to that fund.

1980 c4 s11

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Donations

      12. (1) The council may acquire money, securities and other property by gift, bequest or otherwise and may spend, administer or dispose of the money, securities or other property not forming part of the arts fund, subject to the terms upon which the money, securities or other property was given, bequeathed or otherwise made available to the council.

             (2)  Where money is received by the council by gift, bequest or otherwise and there are no terms upon which the money was given, the money shall be credited to the arts fund.

1980 c4 s12

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Registered charity

      13. (1) The chairperson of the council shall apply on behalf of the council to be a registered charity for the purposes of theIncome Tax Act (Canada ).

             (2)  The council shall be carried on without purpose of financial gain for its members and profits or other accretions to the council shall be used in promoting its objects.

             (3)  A right, privilege, benefit or advantage may not accrue to a member of the council by reason only of that membership.

             (4)  On a winding-up of the council assets of the council shall be distributed to one or more registered charities.

1980 c4 s13; 2024 c34 s6

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Audit

      14. (1) The auditor general shall annually audit the financial statement of the council.

             (2)  The financial year of the council shall be from April 1 in one year to March 31 in the next year.

1980 c4 s14; 2018 c28 s1

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Rep. by 2008 c35 s9

      15. [Rep. by 2008 c35 s9]

2008 c35 s9

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Regulations

      16. The minister shall make regulations establishing guidelines for the purposes of subsection 6(8).

1980 c4 s16; 2024 c34 s7

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