Law:Museums Act

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S.c. 1990, c. 3

Assented to 1990-01-30

An Act respecting museums

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Museums Act.


Interpretation And Declaration

Definitions

2. In this Act,

“Board”

« conseil »

“Board”, with respect to a museum, means the Board of Trustees of that museum;

“Minister”

« ministre »

“Minister”, with respect to a museum, means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister responsible for that museum for the purposes of this Act;

“museum”

« musée »

“museum” means a corporation established by Part I;

“museum material”

« matériel de musée »

“museum material” means objects and documentary material, regardless of medium or form, of a type normally kept by a museum for reference or exhibition purposes.

1990, c. 3, s. 2; 2008, c. 9, s. 1.

Previous VersionDeclaration

3. It is hereby declared that the heritage of Canada and all its peoples is an important part of the world heritage and must be preserved for present and future generations and that each museum established by this Act

(a) plays an essential role, individually and together with other museums and like institutions, in preserving and promoting the heritage of Canada and all its peoples throughout Canada and abroad and in contributing to the collective memory and sense of identity of all Canadians; and

(b) is a source of inspiration, research, learning and entertainment that belongs to all Canadians and provides, in both official languages, a service that is essential to Canadian culture and available to all.


Part I. Establishment

Establishment of the National Gallery of Canada

Establishment

4. (1) There is hereby established a corporation, to be called the National Gallery of Canada.

Affiliated museums

(2) The National Gallery of Canada shall include the Canadian Museum of Contemporary Photography and such other affiliated museums as the Board of the National Gallery of Canada may, by by-law, establish with the approval of the Governor in Council.


Purposes, Capacity and Powers of the National Gallery of Canada

Purposes

5. The purposes of the National Gallery of Canada are to develop, maintain and make known, throughout Canada and internationally, a collection of works of art, both historic and contemporary, with special but not exclusive reference to Canada, and to further knowledge, understanding and enjoyment of art in general among all Canadians.

Capacity and powers

6. (1) In furtherance of its purposes, the National Gallery of Canada has the capacity and, subject to this Act, the rights, powers and privileges of a natural person and in particular, but without limiting the generality of the foregoing, the National Gallery of Canada may

(a) collect works of art and other museum material;

(b) document, record, preserve, conserve and restore works of art and other museum material;

(c) sell, exchange, give away, destroy or otherwise dispose of works of art and other museum material in its collection and use any revenue obtained therefrom to further its collection;

(d) lend or borrow works of art and other museum material on long-term or short-term loan;

(e) organize, sponsor, arrange for and participate in travelling exhibitions, in Canada and internationally, of works of art and other museum material in its collection and from other sources;

(f) undertake and sponsor any research, including fundamental or basic research and theoretical and applied research, related to its purposes and to museology, and communicate the results of that research;

(g) provide facilities to permit qualified individuals to use and study its collection;

(h) promote knowledge of and disseminate information about works of art and other museum material in its collection and art in general, throughout Canada and internationally, by such means of education and communication as are appropriate;

(i) establish and foster liaison with other organizations with purposes similar to its purposes;

(j) share the expertise of its staff by undertaking and sponsoring programs for training and apprenticeship in the professional and technical skills involved in the operation of other organizations with purposes similar to its purposes;

(k) provide and arrange for professional and technical services to other organizations with purposes similar to its purposes;

(l) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property;

(m) develop, operate and maintain branches or exhibition centres;

(n) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public;

(o) lease or otherwise make available any of its facilities to other persons; and

(p) charge for goods, services and admission and use the revenue obtained therefrom for its own purposes.

Restriction

(2) The National Gallery of Canada may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held.


Establishment of the Canadian Museum of Civilization

Establishment

7. (1) There is hereby established a corporation, to be called the Canadian Museum of Civilization.

Affiliated museums

(2) The Canadian Museum of Civilization shall include the Canadian War Museum and such other affiliated museums as the Board of the Canadian Museum of Civilization may, by by-law, establish with the approval of the Governor in Council.


Purpose, Capacity and Powers of the Canadian Museum of Civilization

Purpose

8. The purpose of the Canadian Museum of Civilization is to increase, throughout Canada and internationally, interest in, knowledge and critical understanding of and appreciation and respect for human cultural achievements and human behavior by establishing, maintaining and developing for research and posterity a collection of objects of historical or cultural interest, with special but not exclusive reference to Canada, and by demonstrating those achievements and behaviour, the knowledge derived from them and the understanding they represent.

Capacity and powers

9. (1) In furtherance of its purpose, the Canadian Museum of Civilization has the capacity and, subject to this Act, the rights, powers and privileges of a natural person and in particular, but without limiting the generality of the foregoing, the Canadian Museum of Civilization may

(a) collect objects of historical or cultural interest and other museum material;

(b) maintain its collection by preservation, conservation and restoration and the establishment of records and documentation;

(c) sell, exchange, give away, destroy or otherwise dispose of objects of historical or cultural interest and other museum material in its collection and use any revenue obtained therefrom to further its collection;

(d) lend or borrow objects of historical or cultural interest and other museum material on long-term or short-term loan;

(e) organize, sponsor, arrange for and participate in travelling exhibitions, in Canada and internationally, of objects of historical or cultural interest and other museum material in its collection and from other sources;

(f) undertake and sponsor any research, including fundamental or basic research and theoretical and applied research, related to its purpose and to museology, and communicate the results of that research;

(g) provide facilities to permit qualified individuals to use and study its collection;

(h) promote knowledge and disseminate information related to its purpose, throughout Canada and internationally, by such means of education and communication as are appropriate;

(i) establish and foster liaison with other organizations with a purpose similar to its purpose;

(j) share the expertise of its staff by undertaking and sponsoring programs for training and apprenticeship in the professional and technical skills involved in the operation of other organizations with a purpose similar to its purpose;

(k) provide and arrange for professional and technical services to other organizations with a purpose similar to its purpose;

(l) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property;

(m) develop, operate and maintain branches or exhibition centres;

(n) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public;

(o) lease or otherwise make available any of its facilities to other persons; and

(p) charge for goods, services and admission and use the revenue obtained therefrom for its own purposes.

Restriction

(2) The Canadian Museum of Civilization may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held.


Establishment of the Canadian Museum of Nature

Establishment

10. (1) There is hereby established a corporation, to be called the Canadian Museum of Nature.

Affiliated museums

(2) The Canadian Museum of Nature shall include such affiliated museums as the Board of the Canadian Museum of Nature may, by by-law, establish with the approval of the Governor in Council.


Purpose, Capacity and Powers of the Canadian Museum of Nature

Purpose

11. The purpose of the Canadian Museum of Nature is to increase, throughout Canada and internationally, interest in, knowledge of and appreciation and respect for the natural world by establishing, maintaining and developing for research and posterity a collection of natural history objects, with special but not exclusive reference to Canada, and by demonstrating the natural world, the knowledge derived from it and the understanding it represents.

Capacity and powers

12. (1) In furtherance of its purpose, the Canadian Museum of Nature has the capacity and, subject to this Act, the rights, powers and privileges of a natural person and in particular, but without limiting the generality of the foregoing, the Canadian Museum of Nature may

(a) collect natural history objects and other museum material;

(b) maintain its collection by preservation, conservation and restoration and the establishment of records and documentation;

(c) sell, exchange, give away, destroy or otherwise dispose of natural history objects and other museum material, other than primary type specimens, in its collection and use any revenue obtained therefrom to further its collection;

(d) exchange with, lend to or borrow from any other organization or person any exhibits, museum material, knowledge or information;

(e) organize, sponsor, arrange for and participate in travelling exhibitions, in Canada and internationally, of natural history objects and other museum material in its collection and from other sources;

(f) undertake and sponsor any research, including fundamental or basic research and theoretical and applied research, in the natural sciences, with special but not exclusive emphasis on its collection, and in museology, and communicate the results of that research;

(g) provide facilities to permit qualified individuals to use and study its collection;

(h) create new knowledge and synthesize existing knowledge into new patterns and models and provide a taxonomic data base for biological and geological research;

(i) foster the coordination of collection-based research in natural history in Canada;

(j) promote scientific literacy and a better understanding of nature by demonstrating the interrelationships among all organisms, including human beings, and their environment;

(k) inform the academic, scientific and technical community and the public of its discoveries and understanding of nature by such means of education and communication as are appropriate;

(l) provide expertise in natural history and provide informed advice and opinion on issues dealing with the natural world;

(m) establish authoritative centres for the identification of natural history objects and specimens;

(n) create and foster, through programs, functions and facilities, active public involvement and interest in the Canadian Museum of Nature, both at the community level and throughout Canada;

(o) establish and foster liaison with other organizations with a purpose similar to its purpose;

(p) share the expertise of its staff by undertaking and sponsoring programs for training and apprenticeship in the professional and technical skills involved in the operation of other organizations with a purpose similar to its purpose;

(q) assist, cooperate with and enlist the aid of other organizations with a purpose similar to its purpose;

(r) provide advice and expertise on museology, education and communication;

(s) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property;

(t) develop, operate and maintain branches or exhibition centres;

(u) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public;

(v) lease or otherwise make available any of its facilities to other persons; and

(w) charge for goods, services and admission and use the revenue obtained therefrom for its own purposes.

Restriction

(2) The Canadian Museum of Nature may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held.


Establishment of the National Museum of Science and Technology

Establishment

13. (1) There is hereby established a corporation, to be called the National Museum of Science and Technology.

Affiliated museums

(2) The National Museum of Science and Technology shall include the National Aviation Museum and such other affiliated museums as the Board of the National Museum of Science and Technology may, by by-law, establish with the approval of the Governor in Council.


Purpose, Capacity and Powers of the National Museum of Science and Technology

Purpose

14. The purpose of the National Museum of Science and Technology is to foster scientific and technological literacy throughout Canada by establishing, maintaining and developing a collection of scientific and technological objects, with special but not exclusive reference to Canada, and by demonstrating the products and processes of science and technology and their economic, social and cultural relationships with society.

Capacity and powers

15. (1) In furtherance of its purpose, the National Museum of Science and Technology has the capacity and, subject to this Act, the rights, powers and privileges of a natural person and in particular, but without limiting the generality of the foregoing, the National Museum of Science and Technology may

(a) collect scientific and technological objects and other museum material;

(b) maintain its collection by preservation, conservation and restoration and the establishment of records and documentation;

(c) sell, exchange, give away, destroy or otherwise dispose of scientific and technological objects and other museum material in its collection and use any revenue obtained therefrom to further its collection;

(d) lend or borrow scientific and technological objects and other museum material on long-term or short-term loan;

(e) organize, sponsor, arrange for and participate in travelling exhibitions, in Canada and internationally, of scientific and technological objects and other museum material in its collection and from other sources;

(f) undertake and sponsor any research, including fundamental or basic research, and theoretical and applied research, related to its purpose and to museology, and communicate the results of that research;

(g) provide facilities to permit qualified individuals to use and study its collection;

(h) inform and educate the public about past, present and future science and technology;

(i) create and foster, through programs, functions and facilities, active public and special interest group involvement and interest in science and technology, both at the community level and throughout Canada;

(j) establish and foster liaison with other organizations with a purpose similar to its purpose;

(k) share the expertise of its staff by undertaking and sponsoring programs for training and apprenticeship in the professional and technical skills involved in the operation of other organizations with a purpose similar to its purpose;

(l) provide and arrange for professional and technical services to other organizations with a purpose similar to its purpose;

(m) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property;

(n) develop, operate and maintain branches or exhibition centres;

(o) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public;

(p) lease or otherwise make available any of its facilities to other persons; and

(q) charge for goods, services and admission and use the revenue obtained therefrom for its own purposes.

Restriction

(2) The National Museum of Science and Technology may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held.


Establishment of the Canadian Museum for Human Rights

Establishment

15.1 (1) There is established a corporation to be called the Canadian Museum for Human Rights.

Affiliated museums

(2) The Canadian Museum for Human Rights shall include any affiliated museums that the Board of the Canadian Museum for Human Rights may, by by-law, establish with the approval of the Governor in Council.

2008, c. 9, s. 2.


Purpose, Capacity and Powers of the Canadian Museum for Human Rights

Purpose

15.2 The purpose of the Canadian Museum for Human Rights is to explore the subject of human rights, with special but not exclusive reference to Canada, in order to enhance the public’s understanding of human rights, to promote respect for others and to encourage reflection and dialogue.

2008, c. 9, s. 2.

Capacity and powers

15.3 (1) In furtherance of its purpose, the Canadian Museum for Human Rights has, subject to this Act, the capacity of a natural person and, elsewhere than in Quebec, the rights, powers and privileges of a natural person. In particular, but without limiting the generality of the foregoing, the Canadian Museum for Human Rights may

(a) collect museum material related to human rights;

(b) maintain its collection by preservation, conservation or restoration or the establishment of records or documentation;

(c) sell, exchange, give away, destroy or otherwise dispose of museum material in its collection and use any revenue obtained from that disposal to further its collection;

(d) lend or borrow museum material on long- or short-term loan;

(e) organize, sponsor, arrange for or participate in travelling exhibitions, in Canada or internationally, of museum material in its collection or from other sources;

(f) undertake or sponsor any research related to its purpose or to museology and communicate the results of that research;

(g) provide facilities to permit qualified individuals to use or study its collection;

(h) promote knowledge and disseminate information related to its purpose, throughout Canada and internationally, by any appropriate means of education and communication;

(i) establish and foster links with other organizations that have a purpose similar to its own;

(j) share the expertise of its staff by undertaking or sponsoring training and apprenticeship programs that relate to its purpose;

(k) provide or arrange for professional and technical services to any other organization that has a purpose similar to its own;

(l) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property;

(m) develop, operate and maintain branches or exhibition centres;

(n) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public;

(o) lease or otherwise make available any of its facilities to other persons; and

(p) charge for goods, services and admission and use the revenue so obtained for its own purposes.

Restriction

(2) The Canadian Museum for Human Rights may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held.

2008, c. 9, s. 2.


Establishment of the Canadian Museum of Immigration at Pier 21

Establishment

15.4 (1) There is established a corporation to be called the Canadian Museum of Immigration at Pier 21.

Affiliated museums

(2) The Canadian Museum of Immigration at Pier 21 shall include any affiliated museums that the Board of the Canadian Museum of Immigration at Pier 21 may, by by-law, establish with the approval of the Governor in Council.

2010, c. 7, s. 2.


Purpose, Capacity and Powers of the Canadian Museum of Immigration at Pier 21

Purpose

15.5 The purpose of the Canadian Museum of Immigration at Pier 21 is to explore the theme of immigration to Canada in order to enhance public understanding of the experiences of immigrants as they arrived in Canada, of the vital role immigration has played in the building of Canada and of the contributions of immigrants to Canada’s culture, economy and way of life.

2010, c. 7, s. 2.

Capacity and powers

15.6 (1) In furtherance of its purpose, the Canadian Museum of Immigration at Pier 21 has, subject to this Act, the capacity of a natural person and, elsewhere than in Quebec, the rights, powers and privileges of a natural person. In particular, but without limiting the generality of the foregoing, the Canadian Museum of Immigration at Pier 21 may

(a) collect museum material related to immigration;

(b) maintain its collection by preservation, conservation or restoration or the establishment of records or documentation;

(c) sell, exchange, give away, destroy or otherwise dispose of museum material in its collection and use any revenue obtained from that disposal to further its collection;

(d) lend or borrow museum material on long- or short-term loan;

(e) organize, sponsor, arrange for or participate in travelling exhibitions, in Canada or internationally, of museum material in its collection or from other sources;

(f) undertake or sponsor any research related to its purpose or to museology and communicate the results of that research;

(g) provide facilities to permit qualified individuals to use or study its collection;

(h) promote knowledge and disseminate information related to its purpose, throughout Canada and internationally, by any appropriate means of education and communication;

(i) establish and foster links with other organizations that have a purpose similar to its own;

(j) share the expertise of its staff by undertaking or sponsoring training and apprenticeship programs that relate to its purpose;

(k) provide or arrange for professional and technical services to any other organization that has a purpose similar to its own;

(l) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property;

(m) develop, operate and maintain branches or exhibition centres;

(n) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public;

(o) lease or otherwise make available any of its facilities to other persons; and

(p) charge for goods, services and admission and use the revenue so obtained for its own purposes.

Restriction

(2) The Canadian Museum of Immigration at Pier 21 may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held.

2010, c. 7, s. 2.


Capacity in Canada and Elsewhere

Capacity in Canada

16. (1) Each museum may carry on its activities throughout Canada.

Capacity elsewhere

(2) Each museum has the capacity to carry on its activities, conduct its affairs and exercise its powers in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit.


Validity of Acts

Rights preserved

17. No act of a museum, including any transfer of property to or by a museum, is invalid by reason only that the act is contrary to this Act or the by-laws of the museum.


Part Ii. Organization

Board of Trustees

18. (1) There shall be a Board of Trustees of each museum, consisting of a Chairperson, a Vice-Chairperson and not more than nine other trustees to be appointed as provided in section 19.

Qualifications

(2) A person is not eligible to be appointed as a member of the Board if that person is not a Canadian citizen.

Responsibility of Board

(3) The Board is responsible for the fulfilment of the purposes and the management of the business, activities and affairs of the museum.

1990, c. 3, s. 18; 1995, c. 29, s. 46.

Appointment of Chairperson and Vice-Chairperson

19. (1) The Chairperson and Vice-Chairperson of a museum shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years.

Appointment of trustees

(2) The trustees of a museum, other than the Chairperson and Vice-Chairperson, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term, not exceeding four years, that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than four of those trustees.

Continuation in office

(3) Notwithstanding subsections (1) and (2), if a trustee is not appointed to take office on the expiration of the term of an incumbent trustee, the incumbent trustee continues in office until a successor is appointed.

Reappointment

(4) A trustee is eligible to be reappointed to the Board in the same or another capacity, except that

(a) no person may be appointed as Chairperson, and no person may be appointed as Vice-Chairperson, for more than two consecutive terms; and

(b) a trustee, other than the Chairperson or Vice-Chairperson, who has served three consecutive terms in that capacity is not, during the year following the expiration of the third term, eligible to be reappointed in that capacity.

Absence or vacancy: Chairperson

(5) If the Chairperson is absent or unable to act or if the office of the Chairperson is vacant, the Vice-Chairperson has all the powers, and may exercise and perform all the duties and functions, of the Chairperson.

Absence or vacancy: Vice-Chairperson

(6) If the Vice-Chairperson is absent or unable to act or if the office of the Vice-Chairperson is vacant, the Minister may designate another trustee to act as Vice-Chairperson for the time being, but no person so designated shall act in that office for a period exceeding ninety days without the approval of the Governor in Council.

Vacancy: other trustees

(7) Where the office of a trustee, other than the Chairperson or Vice-Chairperson, becomes vacant during the term of the person appointed thereto, the Minister, with the approval of the Governor in Council, may appoint a person to that office for the remainder of that term.

1990, c. 3, s. 19; 2006, c. 9, s. 279.

Previous VersionRemuneration

20. (1) A trustee of a museum, other than a trustee who is in receipt of a salary fixed by Parliament, the Governor in Council or the Treasury Board, is entitled to be paid by the museum such fees or other remuneration as the Governor in Council may fix.

Expenses

(2) A trustee of a museum is entitled to be paid by the museum such reasonable travel and living expenses incurred by the trustee in the course of duties as a trustee as may be fixed by or pursuant to the by-laws of the museum.

Annual meetings of Board

21. The Board of a museum shall meet at least once each year.

By-laws

22. The Board of a museum may make by-laws for the administration, management and control of the property, business, activities and affairs of the museum, including, without limiting the generality of the foregoing, by-laws

(a) for the conduct and management of activities and proceedings of the Board, including the establishment of committees of trustees, other persons or both, the time and place for the holding of any meeting of the Board or of any such committee and the quorum and procedure at any such meeting;

(b) prescribing the powers, duties and functions of the Board, any committee established by or pursuant to a by-law of the museum and of the Chairperson, Vice-Chairperson, Director, trustees, officers, employees and agents of the museum;

(c) respecting the delegation or sub-delegation of any power, duty or function of the Board to any committee established by or pursuant to a by-law of the museum or to the Chairperson, Vice-Chairperson or Director of the museum or any trustee, officer, employee or agent of the museum;

(d) prescribing conflict of interest rules for the trustees, committee members, officers, employees and agents of the museum;

(e) fixing or providing for the fixing of the travel and living expenses to be paid pursuant to subsection 20(2); and

(f) respecting the performance review of the Director of the museum and the exclusion of the Director from meetings of the Board, or a committee established by or pursuant to a by-law of the museum, during consideration of the employment, performance objectives, performance review, remuneration and terms and conditions of employment of the Director.


Staff

Director

23. (1) Subject to subsections (1.1) and (1.2), there shall be a Director of each museum who shall be appointed, with the approval of the Governor in Council, by the museum’s Board to hold office during pleasure for a term of not more than five years.

Director of the Canadian Museum for Human Rights

(1.1) The Governor in Council shall, by order, on the recommendation of the Minister, appoint the first Director of the Canadian Museum for Human Rights to hold office during pleasure for a term of not more than five years.

Director of the Canadian Museum of Immigration at Pier 21

(1.2) The Governor in Council shall, by order, on the recommendation of the Minister, appoint the first Director of the Canadian Museum of Immigration at Pier 21 to hold office during pleasure for a term of not more than five years.

Reappointment

(2) The Director of each museum is eligible to be reappointed, with the approval of the Governor in Council, by the museum’s Board.

Chief executive officer

(3) The Director is the chief executive officer of the museum and, under the direction of the Board, has control and supervision of the work and staff of the museum.

Responsible to Board

(4) The Director is responsible to the Board for the exercise of the powers and the performance of the duties and functions of that office and, subject to the by-laws of the museum made pursuant to paragraph 22(f), may attend meetings of the Board or of any committee established by or pursuant to the by-laws.

Remuneration

(5) Subject to subsections (5.1) and (5.2), the Director shall be paid by the museum any remuneration that the Board, with the approval of the Governor in Council, may determine.

Remuneration — first Director of the Canadian Museum for Human Rights

(5.1) The first Director of the Canadian Museum for Human Rights shall be paid by that museum for the duration of his or her first term of office any remuneration that the Governor in Council may, by order, on the recommendation of the Minister, determine.

Remuneration — first Director of the Canadian Museum of Immigration at Pier 21

(5.2) The first Director of the Canadian Museum of Immigration at Pier 21 shall be paid by that museum for the duration of his or her first term of office any remuneration that the Governor in Council may, by order, on the recommendation of the Minister, determine.

Acting Director

(6) If the Director is absent or unable to act or if the office of the Director is vacant, the Board may designate another officer of the museum to act as Director for the time being, but no person so designated shall act in that office for a period exceeding ninety days without the approval of the Governor in Council.

1990, c. 3, s. 23; 2008, c. 9, s. 3; 2010, c. 7, s. 3.

Previous VersionStaff

24. (1) Each museum may engage such officers, employees and agents and such technical and professional advisers as it considers necessary for the proper conduct of its activities and may fix the terms and conditions of their engagement.

Not part of public service

(2) Subject to subsections (3) to (5), the trustees, officers, employees and agents of a museum are not part of the federal public administration.

Superannuation

(3) The officers and employees of a museum shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and the museum shall be deemed to be a Public Service corporation for the purposes of section 37 of that Act.

Idem

(4) The Public Service Superannuation Act does not apply to a trustee, other than a trustee who is in receipt of a salary fixed by Parliament, the Governor in Council or the Treasury Board, unless, in the case of any one of them, the Governor in Council otherwise directs.

Compensation

(5) The trustees, officers and employees of a museum shall be deemed to be employees for the purposes of theGovernment Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulation made pursuant to section 9 of the Aeronautics Act.

1990, c. 3, s. 24; 2003, c. 22, ss. 224(E), 225(E).

Previous Version

General

Pre-establishment contracts

24.1 (1) As of the date of its establishment under this Act, each museum shall be bound by any deed, contract or agreement entered into on its behalf by the Minister before its establishment and shall be entitled to the benefits of any such deed, contract or agreement and the Minister shall cease to be bound.

Not retroactive

(2) Subsection (1) does not apply to any museum already established by this Act on the day on which that subsection comes into force.

2008, c. 9, s. 4.

Head office

25. The head office of each museum shall be in such place in Canada as the Governor in Council may, by order, specify.

Agent of Her Majesty

26. Each museum is, for all purposes of this Act, an agent of Her Majesty in right of Canada.

Restriction on directives

27. (1) No directive shall be given to a museum under section 89 or subsection 114(3) of the Financial Administration Act with respect to cultural activities, including

(a) the acquisition, disposal, conservation or use of any museum material relevant to its activities;

(b) its activities and programs for the public, including exhibitions, displays and publications; and

(c) research with respect to the matters referred to in paragraphs (a) and (b).

Regulations not applicable

(2) No regulation made pursuant to subsection 114(4) of the Financial Administration Act prescribing the content of by-laws applies to a museum with respect to cultural activities, including the matters referred to in paragraphs (1)(a) to (c).

Inconsistency

(3) Sections 19, 23 and 28 apply in respect of each museum notwithstanding any inconsistency with Part X of the Financial Administration Act.

Disposal of real property

(4) Notwithstanding subsection 99(3) of the Financial Administration Act, subsection 99(2) of that Act applies to each museum with respect to the sale or other disposal of real property.

Financial year

28. The financial year of each museum is the period beginning on April 1 in one year and ending on March 31 in the following year.

Interest

29. Interest, calculated at the rate fixed by the Minister of Finance for the purposes of section 129 of the Financial Administration Act, shall be paid monthly from the Consolidated Revenue Fund on moneys, other than moneys appropriated by Parliament, on deposit to the credit of a museum in the accounts of Canada and shall be credited to the account.

Auditor

30. The Auditor General of Canada is the auditor of each museum.

Transfer of real property

31. The Governor in Council may, by order, vest the administration and control of any real property that is assigned to or vested in a Minister of Her Majesty in right of Canada or a department or Crown corporation as defined in the Financial Administration Act in a museum, and from the date specified in the order, the administration and control is vested in that museum.


Part Iii. Consequential, Repeal, Transitional And Coming Into Force

Consequential Amendments

32. (Amendments)


Repeal

33. (Repeal)


Transitional Provisions

Definitions

34. (1) In this section and sections 35 to 39,

“constituent museum”

« musée antérieur »

“constituent museum” means a constituent museum of the National Museums of Canada, namely,

(a) the National Gallery of Canada, including the Canadian Museum of Contemporary Photography,

(b) the Canadian Museum of Civilization, including the Canadian War Museum,

(c) the National Museum of Natural Sciences, and

(d) the National Museum of Science and Technology, including the National Aviation Museum;

“successor corporation”

« ayant droit »

“successor corporation”, in relation to a constituent museum, means

(a) in the case of the constituent museum referred to in paragraph (a) of the definition of that term, the National Gallery of Canada established by subsection 4(1),

(b) in the case of the constituent museum referred to in paragraph (b) of the definition of that term, the Canadian Museum of Civilization established by subsection 7(1),

(c) in the case of the constituent museum referred to in paragraph (c) of the definition of that term, the Canadian Museum of Nature established by subsection 10(1), and

(d) in the case of the constituent museum referred to in paragraph (d) of the definition of that term, the National Museum of Science and Technology established by subsection 13(1).

Transfer of administration and control of property

(2) The administration and control of all personal property, rights and assets held by or leased to the National Museums of Canada for the use or benefit of a constituent museum immediately before the coming into force of this Act are hereby vested in the successor corporation of that constituent museum.

Enforcement of obligations

(3) All obligations and liabilities incurred by the National Museums of Canada for the purposes of a constituent museum and outstanding immediately before the coming into force of this Act are deemed to have been incurred by the successor corporation of that constituent museum, and all such obligations and liabilities and all actions then pending against the National Museums of Canada in respect of that constituent museum may be enforced or continued thereafter against Her Majesty in right of Canada or against that successor corporation.

Idem

(4) All obligations and liabilities incurred by the National Museums of Canada, otherwise than for the purposes of a constituent museum, and outstanding immediately before the coming into force of this Act and all actions then pending against the National Museums of Canada, otherwise than in respect of a constituent museum, may be enforced or continued thereafter against Her Majesty in right of Canada.

Administration

(5) The Governor in Council may do any thing necessary for or incidental to carrying out the purposes and provisions of this section.

Contracts, etc.

35. (1) Every reference to the National Museums of Canada in any deed, contract, agreement or other document executed by the National Museums of Canada in its own name for the purposes of a constituent museum shall, unless the context otherwise requires, be read as a reference to the successor corporation of that constituent museum.

Idem

(2) Every reference to the National Museums of Canada in any deed, contract, agreement or other document executed by the National Museums of Canada in its own name, otherwise than for the purposes of a constituent museum, shall, unless the context otherwise requires, be read as a reference to Her Majesty in right of Canada.

Transfer of staff

36. (1) On the coming into force of this Act, every person who, immediately prior thereto, was an officer or employee in a constituent museum becomes an officer or employee in the successor corporation of the constituent museum.

Idem

(2) On the coming into force of this Act, every person who, immediately prior thereto, was an officer or employee in the National Museums of Canada, otherwise than in a constituent museum, becomes an officer or employee in the Department of Communications.

Benefits continued

(3) Every person to whom subsection (1) or (2) applies continues, on the coming into force of this Act, to have the same employment benefits as the person had in the National Museums of Canada immediately prior thereto until such time as those benefits are modified by a collective agreement or arbitral award or, in the case of persons not represented by a bargaining agent, by a policy decision of the successor corporation or the Treasury Board, as the case may be.

No severance pay

(4) For greater certainty, nothing in subsection (1) or (2) shall be construed as entitling any person to severance pay.

Definitions

37. (1) In this section,

“original indeterminate employee”

« titulaire »

“original indeterminate employee” means a person who was appointed to a position in the National Museums of Canada for an indeterminate period in accordance with the Public Service Employment Act and who became an officer or employee in a successor corporation pursuant to subsection 36(1);

“original term employee”

« vacataire »

“original term employee” means a person who was appointed to a position in the National Museums of Canada for a specified period in accordance with the Public Service Employment Act and who became an officer or employee in a successor corporation pursuant to subsection 36(1).

Presumption for original indeterminate employees

(2) Notwithstanding subsection 24(2), every original indeterminate employee is, in the two years after the coming into force of this Act, deemed to be employed in the Public Service for the purpose of being eligible to enter competitions or to be transferred under the Public Service Employment Act and for the purposes of sections 11 and 13 of that Act.

Presumption for original term employees

(3) Notwithstanding subsection 24(2), every original term employee is, in the period beginning on the coming into force of this Act and ending on the earlier of the day that is two years after that coming into force and the last day of the specified period for which the employee was last appointed before that coming into force, deemed to be employed in the Public Service for the purpose of being eligible to enter competitions or to be transferred under the Public Service Employment Act and for the purposes of sections 11 and 13 of that Act.

Probation

(4) Where an original indeterminate employee becomes an officer or employee in a successor corporation while on probation under section 28 of the Public Service Employment Act and is subsequently rejected for further employment by the successor corporation during or at the end of the probationary period, subsection 28(5) of that Act applies to the employee as if the employee were a person described therein.

Lay-offs

(5) Subsections 29(3) and (4) of the Public Service Employment Act apply to any original indeterminate employee who is laid off by a successor corporation within two years after the coming into force of this Act.

Leave of absence

(6) Where an original indeterminate employee becomes an officer or employee in a successor corporation while on leave of absence, section 30 of the Public Service Employment Act continues to apply to the employee and to any person appointed before the coming into force of this Act for an indeterminate period to the position the employee previously occupied.

Competitions, etc., continued

38. Every

(a) competition under the Public Service Employment Act in which an employee in the National Museums of Canada is a candidate,

(b) appeal under section 21 of the Public Service Employment Act by an employee in the National Museums of Canada or in respect of an appointment in the National Museums of Canada,

(c) appeal under subsection 31(2) of the Public Service Employment Act by an employee in the National Museums of Canada, and

(d) right to an appeal referred to in paragraph (b) or (c)

subsisting on the coming into force of this Act shall be continued in accordance with that Act, as though the other provisions of this Act had not been enacted.

Continuation in office of directors of constituent museums

39. Notwithstanding subsection 23(1), a person holding the office of director of a constituent museum immediately before the coming into force of this Act shall continue in office thereafter as the Director of the successor corporation of that constituent museum for a period ending eighteen months after that coming into force, subject to the terms and conditions of employment in effect on that coming into force.

Agreement and awards continued

40. (1) Subject to subsection (2), a collective agreement or arbitral award that applies to any employees in the National Museums of Canada and is in force on the coming into force of this Act shall continue thereafter in force until its term expires, and the Public Service Staff Relations Act continues to apply in all respects to the interpretation and application of the agreement or award.

Provisions applicable

(2) Subsections 47(2) to (7) of the Canada Labour Code apply in respect of a collective agreement or arbitral award continued by subsection (1) as if it were a collective agreement referred to in those subsections.

Collective bargaining

(3) For greater certainty, a collective agreement or arbitral award continued by subsection (1) is deemed to be a collective agreement within the meaning of section 49 of the Canada Labour Code, and Part I of that Act, other than section 80, applies in respect of the renewal or revision of the collective agreement or the entering into of a new collective agreement.

Continuation of terms and conditions

41. (1) Where, prior to the coming into force of this Act, notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees in the National Museums of Canada, the terms and conditions of employment that are continued on that coming into force, or that were last continued prior thereto, in respect of those employees by section 52 of the Public Service Staff Relations Act shall continue or resume in force thereafter and shall be observed by the museum in which those employees are employed, the bargaining agent for those employees and those employees until the requirements of paragraphs 89(1)(a) to (d) of the Canada Labour Code have been met, unless the museum and the bargaining agent agree otherwise.

Provisions applicable

(2) The Public Service Staff Relations Act applies in all respects to the interpretation and application of any term or condition continued or resumed by subsection (1).

Order

(3) On application by a museum or bargaining agent to which subsection (1) applies, made within thirty days after the coming into force of this Act, the Canada Industrial Relations Board shall make an order determining

(a) whether the employees in the museum represented by the bargaining agent constitute one or more units appropriate for collective bargaining; and

(b) which trade union shall be the bargaining agent for the employees in each such unit.

Notice to bargain

(4) Where the Canada Industrial Relations Board has made an order under subsection (3), the museum, as employer, or the bargaining agent may, by notice, require the other to commence collective bargaining for the purpose of entering into a collective agreement.

Provisions applicable

(5) Part I of the Canada Labour Code applies in respect of a notice given under subsection (4) as if the notice had been given under that Part.

1990, c. 3, s. 41; 1998, c. 26, s. 76.

National Museums Trust Account

42. The amount outstanding on the coming into force of this Act in the accounts of Canada in respect of the National Museums Trust Account shall be paid to the museums in the manner most appropriate to give effect to the purpose for which the moneys or property constituting or otherwise giving rise to that amount were given, bequeathed or otherwise made available to the National Museums of Canada.

First financial year

43. Notwithstanding section 28, the first financial year of each museum is the period beginning on the day on which this Act comes into force and ending on March 31 in the following year.

First corporate plan and budgets

44. (1) Notwithstanding the period prescribed for submitting corporate plans, operating budgets and capital budgets under the Financial Administration Act, each museum shall, within six months after the coming into force of this Act, submit to the Minister in accordance with that Act a corporate plan including the first financial year of the museum and an operating budget and capital budget for the first financial year of the museum.

Provision not applicable

(2) Subsection 124(5) of the Financial Administration Act does not apply in respect of any capital expenditure incurred or committed to be incurred by a museum before the day on which the capital budget for the first financial year of the museum is approved in accordance with section 124 of that Act.

Appropriations

45. The provisions made by any Appropriation Act for the fiscal year in which this Act comes into force, based on the Estimates for that year to defray the charges and expenses of the public service of Canada within the National Museums of Canada in relation to any matter to which the purposes or powers of a museum extend by law, shall be applied to that museum in such manner as the Treasury Board may, on the recommendation of the Minister, determine.


Coming into Force

Coming into force

Schedule

(Amendments)


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