Bill 46 — Third Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembl Y of Albert A Bill46 the Banff Centre Act (Legislature 18, Session 3)

L18 S3 5748

Alberta — Bills

1977 BILL 46 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBL Y OF ALBERT A Bill46 THE BANFF CENTRE ACT MR.KIDD First Reading ..................... , ...................... . Second Reading .......................................... . Third Reading ..................................... , ..... . . '. f AlberlJ. [.D\10NTON Pnnl..:d by th'! Queen's Printer for the Province (l

Bill 46 Mr. Kidd BILl-46 1977 THE BANFF CENTRE ACT - (Assented to , 1977) HER MAJESTY, by and with the advice and consent of thet Legislative Assembly of Alberta, enacts as follows: e 1. In this Act, (a) "Banff Centre" means the Banff Centre for the Fine! and Performing Arts; (b) "board" means The Governors of the Banff Centre for the Fine and Performing Arts; (c) "director" means the director of the Banff Centre appointed under

section 19; . (d) "federal Minister" means Jhe Minister of the Crown in right of Canada charged with the administr\1tion of the National Parks Act (Canada); ____ _ (e) "Minister" means the Minister of Advanced,EducatiOI} _ and Manpower. 2. The Regulations A ct does not apply to any_order, -regulation, rule, by-law or resolution made, approved or passed und~r the authority of this Act. 3. Th~ Banff School of Fine Arts is hereby continued under the name "The Banff Centre for the Fine and Performing Arts". 4.

(1) There is hereby incorporated a board of governors for the Brmff Centre with the naIne "The Governors of the Banfl Centre for the Fine and Performing Arts".

(2) The board shall consist of (

a) the di rector, and 1

Exp!anatoryNotes :JENERAL. This Act will remove the Banff Centre from the trustee hip of the University of Calgary and make the institution independent ,nd self-governing. I.

Definitions. t rhe Regulations Act does not apply. I. Banff Centre established. :. Incorporation and organization of Board of Governors, 1

(

b) eight member-s appointed by the Lieutenant Governor in Council one of whom shall be nominated by the federal Minister. ,,' , ,

(3) No person is eligible forappoinhnent to the board unless he is a Canadian citizen or has been lawfully admitted to Canada' for permanent residence.

(4) The members appointed by the Lieutenant Governor in Council shall be appointed to hold office for terms of not more than three years.

(5) A' member' a-ppointed by the Lieutenant Gnvernor in Council is eligible for re-appointment fora second term of not more than three years but not for a further term until the expiration of a period of three years after his second term has expired.

(6) A member of the board, other than the director, con· tinues to hold office after the expiry of his term of office until his successor is appointed. '

(7) Where a member of the board, other 'than the director, is absent without the permission of the board from three consecutive meetings of the board, his office thereupon becomes vacant.

(8) Where a vacancy occurs on the boatd,-lhe Lieutenant Governor in Council may appoint a person as a member of the board to serve the balance of the unexpired term of office of the former membe".

(9) Where a member is appointed to-serve the -balance-oofan unexpired term under subsection (8) that service is not consid· ered a term for the purposes of subsection (5).

(10) A member may resign by giving written notic~ of his resignation t-o the chairman; - "'" ..

(11) The members of the board shall be paid by the board their reasonable travelling and other expenses while absent from their ordinary place of residence or employmeht and in' 'the course of their duties as members of the board. 5.

(1) The Lieutenant Governor in Council shall designate one of the- me'mbers of the board other than the director to be chairman and that member shall hold office as chairman for a term of not more than three years and is eligible for re-appointment.

(2) The chairman continues' to hold-office after the expiry of his term until his successor is appointed. , ' ' , 2

5. Chairman. 2

(3) Where the chairman is absent at a meeting of the board: the members present may elect one of their number topresid~: at that meeting. 6.

(1) The Provincial Auditor is the a_uditor of the board -unless the Lieutenant Governor in Council appoints some other person as the board's auditor or authorizes the board to appoint an accountant or a firm of accountants as its auditor.

(2) The auditor of the board shaH audit the accounts and financial transactions of the board at least oneea year and shall report thereon to the board. 7.

(1) The board shall, after the end of each fiscal year of the board, prepare a report showing the revenues and expenditures during the preceding fiscal year, together with a full and com plete statement of assets, liabilities, reserve funds and invest ments of the board, and an audited balance sheet ofitsfinancia1 ~ transactions during that period, together with such other infor mation as the l\1inister may require.

(2) The board's annual report shall be transmitted to the 1v1inister forthwith after its completion.

(3) The fiscal year of the board shall be determined by the Minister. - 8. Subject to sections 10 and 17, the board is respon$ible~ fOl the manageml;!nt and control of the Banff Centre and of the property, revenues, business and affairs thereof. 9. The board may pass by-laws regulating the exercise of its powers and the calling and conduct of its meetings, including the determination of the quorunl necessary. forthe: transaction of its business. 10.

(1) The board shall on or before the date prescribed-by the Minister present its annual proposals for capital expenditures and its annual operating budget for the approval of the Minister.

(2) The board shall not incur any liability or make· any expenditure for the purehaseof Jand or the erection of buildings or for any other purpose (

a) unless the liability or expenditure can be provided for out of the annual income of the year or out- of other money available for that purpose, or (

b) unless the liability orexpenqitu.re is approved_ by the .Minister. 3

6. Audit. 7. Annual report and fiscal year 8. Powers of the board. 9. By-I~ws. 10. Approval of certain expenditures by the Minister. 3

·

(3) The Minister shall from time to time review, approve amend or disapprove requests of the board with respect t expenditures for ' (

a) new buildings, (

b) major alterations or additions toexisring builtlirtifs', (c) 'the leasing of buildings, (

d) major alterations to leased buildings, (

e) the acquisition of land~- (

f) the furnishing and equipping -of buildi-ngs whethi owned or leased, . '- . - (

g) landscaping, paving and the provision of utilities sen ices, and (

h) other facilitit?s of a capital nature. (~n The b~ard may with the approval of the Minister pn scribe the rates of tuition fees to be paid by students enrolled: the Banff Centre. 11. (

I) The _board may borrow from any bank or -treaSUI branch or from any other person such sum of money as required to meet the expenses of the board, until such time: the revenues for the ~urrent year are available ..

(2) Any borrowings made pursuant to subsection (1) sha' be repaid _out of and are a first charge upon-the-'fevenues 6[111 current year, and may be secured by a promissory note or note given on behalf of the board in such manner as the board rna arrange.

(3) Subject to the approvatof the Minister ,- the1Joarcfnliyfc the purposes of the Banff Centre borrow by way of temporaf loans from any bank or treasury branch or from any othe person such sums of money and upon such terms as the boar determines by way of an overdraft-or line of credit or by th pledging as security for such temporary loans of notes, bonds debentures or other securities of the board pending the sal thereof or in lieu of selling them, or in such other manner a the board determines. . - . ._.' .- .,." ,,'

(4) Any cheques, promissory notes or other instruments t~a may be necessary or desirable in connection with the borrowtn of money and the obtaining of advances by way of a temporar, loan under subsection (3) may be executed in such manner a the board determines. 4

i 1. 30rrowing Powers. 4

12 . . (I? Subject to the approval of the Lieutenant Governor in CouncIl, the board, for the purposes' of the Banff Centre may from time to time borrow such sums. of money as the ,hoard may require and may from time to time issue notes bond's' debentures or ,other securities which.. . ' ,t (

a) shall bear interest at such rate or rates as may be determined by the board, (

b) sncill-beiri such' denominatiofl or denominiitlonsas 'may be detern1ined by the board, . (

c) shall be payable as to principal and interest (D in such currency or currencies of such country or countries, (ii) at such place or places, (iii) at such time or times, and (iv) in such manner, as may be determined by the board, (

d) may be Blade redeemable in whole or in

part in advance of maturity (D at such time or times, (in on such terms, and (iii) at such price or prices, either with or withou1 premium, as may be determined by the board, and . - - (

e) may be issued in such amounts as will realize the nel sum required by the board for the purposes of the Banfl Centre.

(2) Where the authorizing resolution of the board made under subsection (1) contains a recital or declaration that the amount of the notes, bonds, debentures or other securitie! authorized by the resolution is necessary to realize the net SUIT. required for the purposes of the Banff Centre, thereCitaIoJ declaration is conclusive proof of the facts stated therein.

(3) Subject to the approval of the Lieutenant Governor ir Council, the board may sell or otherwise dispose of any note~, bonds, debentures or other securities on such terms and condt· tions as it considers advisable, either at the par value thereof OJ at less or more than the par value thereof an~J may charge pledge, hypothecate, deposit or deal \vith any such securities a! collateral security. . 5

2. Debenture borrowing. 5

(4) Any notes, bonds, debentures or other securities and the coupons, if any, attached -thereto,shall be in such form and shall be executed in such manner and by such persons as may be determined by the board.

(5) In

section 11 and this section; "purposes of the Banff Centre" includes ' - (

a) acquiring any real property; (

b) erecting, repairing, adding to, furnishing or equipping any buildi!1g; - (

c) the repayment or refunding from time to time of the whole or any part of any borrowings- made bY-the boa-rd; . (

d) the payment of any other liability or indebtedness of the' board; (

e) the carrying out of any of the powers and duties of the board. 13. (

I) The principal and interest of any borrowings by or notes, bonds, debentures and other securities issued by the board may be guaranteed by the Government of Alberta.

(2) The guararifee, in such form and-manneras-lhe:Lieu~ tenant Governor in Council may approve, may be endorsed upon any notes, bonds, debentures or other securities.issued by. the board and may be signed' on behr.1f Sf the Government of Alberta by the Provincial Treasurer, the Deputy Provincial Treasurer or by such other person as the Provincial-Treasurer may designate. - - --.~~- -

(3) The signature of the Provincial Treasurer, the Deputy Provincial Treasurer or the person designated by the Provincial Treasurer, upon the guarantee is conc:lusiveprooLthat the relevant provisions of this Act have been complied with.

(4) Where in respect of any notes,bonds, debentures or other securities issued by the board-it becomes necessary--or desirable under the terms of any guarantee given on behalf of the Government of Alberta to make payment under the guaran tee, such payment may be made upon the order of the LieU~ tenant Governor in Council - (

a) out of the General Revenue- Fund, withouC further appropriation, or (

b) from the proceeds of any loan made under The Financial Adrninistration Act or the sale of se_cufitiesowned by the Governm~nt. 6

13. Provincial guarantee of rlebentures. 6

14. 0) The seal of the board ori any potes, bonds,· debentures or other securities of the board and the signatures of (

a) any person authorized by the. board to execute· the notes, bonds, debentures or other securities or any coupon attached thereto, or . . . (

b) the Provincial Treasurer, the . DeputY' ProvinCial Treas urer or the person designated by the Provincial Treasur er to sign a guarantee that is endorsed on the notes bonds, debentures or other securities, , may be engraved, lithographed, printed or otherwise reproduced on the notes, bonds, debentures or other securities of the board or orr the guarantee endorsed thereon, as the 'case may be. ..

(2) The reproduced signature of any person referred to in subsection (1) is for all purposes deemed to be the signature of that person and is binding on the board and the Government of Alberta notwithstanding that the person whose signature is . reproduced did not hold office at the date of the notes, bonds, debentures or other securities or at the datebf'delivery thereof. 15 ..

Subject to the approval of the Lieutenant Governor in Council, the board may provide for the creation, management and application of sinking funds or other means of securing the repayment of any loan raised or notes, bonds, debentures or other securities issued by the board, including the redemption. by call of any such -securities issued subjecr'f6'"reoemptibniil advance of maturity. 16.

The funds of the board not immediately required for its purposes and the proceeds- of aU property' that comes-into the hands of the board, subject to the terms of any trust or trusts affecting them, may be invested by the board in any investment authorized under

section 5 of The Trustee Act. 17. The Minister may (

a) require the board to submit to him such reports and other information as he requires, and (

b) regulate or prohibit (

i) the extension,expansion or establishment ofal1Y service, facility or program of study by the board so as to reduce or avoid an undesirable or unnec essary duplication of a similar service, facility or program of study already provided elsewhere, and (ij) the establishment of a new school or faculty by the board. 7

14. Signatures on debentures. 15. Sinking funds. 16. Investments. 17. Powers of the Minister. 7

18. the Minister may in writing delegate to any person or body of persons any of the powers; duties and functions conferred or imposed on him by. this Act. - - . 19.

(1) The board shall appoint a director who shall have such powers, duties and functions as may be conferred or imposed on him by the board and shall receive a salary at the rate prescribed by the board.-- . - - - .. :-

(2) The director, unless otherwise agreed by the board, shall hold office during the pleasure of the board. 20.

(1) The board (

a) may appoint such officers and employees as the board considers necessary, and (

b) shall fix the salaries or oremllneration of the employees and define their duties.

(2) The appointment of an employee of the board is during the pleasure of the board, unless otherwise agreed by the .employee and the board. 21.

(1) In this

section and in sectiOli 23, Hcouncir' means the Council of The Banff School of Fine Arts and Centre for Continuing Education.

(2) Upon the commencement of this section, (

a) the rights, property, liabilities anc1Gblig(jtiou.:i o~ the Banff Foundation, the council and The Governors of The University -of Calgary in respect of the Banff School of Fine Art~ become the rights, property, liabilities and obligations of the board; (

b) the persons employed by the council immediately prior to the commencement of this

section oeconi"e-employees of the board with the same r~tes oLs_alaryand orithe - same terms of employment; (

c) any reference in any certificate of title, lease, contract, instrument or other document to the Banff Foundation, the councilor The Governors of The University of Calgary to the extent that it relates to the rightS,proper ty, liabilities, obligations or . employe~sri1_entiOJ}ed in clauses (

a) and (

b) respectively, shall be deemed to be a reference to the board; (

d) any -reference' in any contract, instrument or other document to a specified officer of the Banff Foundation, the councilor The Governors of The University of "s

18. Delegation by Minister. 19. Director. 20. Officers and employees. 21. Tran~itiona1. Assets, liabilities and employees-of-the Banff- S~hool of Fine Arts and the Banff Foundation. 8

Calgary, to the extent that it is related to the rights property, liabilities, obligations or employees mentioned in clauses (

a) and (

b) respectively, shall be deemed to be a reference to the director, unless the. by-laws of the board provide otherwise; - . (

e) the p-e~sorls holdi~g office as members of the c;uncil become the board of governors for the Banff Centre for the time being until the first board is appointed under

section 4.

(3) Subs_ectioH (2), clausc(

e) does not apply_ where the Lieutenant Governor in Council appoints the first board of governors for the -Banff Centre under

seCtion 4 before the commencement· of this section. ... . .. ....

(4) The arrangements in existence at the commencement of this

section between the council and The Governors of The University of Calgary respecting pensions, health plans and insurance for certain officers and employees of the . council sh,lIl remain in effect and be continued unless and until the board makes similar or other arrangements. .- 22. The Lieutenant Governor in Council may make any order - he considers necessary for the purpose of facilitating any transfer or other transitional matter involved. in. the operation of

section 21 or for the purpose- of remedying any hardship or difficulty. arising from the operation of that section. . 23. Legal iJroceedir.gs commenced or that could have· been - commenced by. or a 6ainsl. the council al the l:ommencemellt of this

section may be continued or commenced by or against the board. -- - -. 24. Notwithstanding the provisions of any other Act, wherever the names "The Banff Foundation"or "Banff School of Fine Arts" or any words- apparently intended . to refer to The BanJf Foundation or the Banff School of Fine Arts appear as devisee or beneficiary in any will, that will shall be read, construed and enforced as if the hoard were the devisee or beneficiary named therein. 25. The Universities Act is amended (

a) as to

section 4 by striking out subsection 0) and by substi tuting the following subsection:_ 4.

(1) The provincial universities heretofore established under the flames BThe University of Alberta" and "The University of Calga-ry" are hereby continued. 9

l2. Remedial Orders. ~3. Transitional. Legal Pr9ceedings. ~4. Consequential. \Vills which refer t6 the Banff School of Fine Arts. 5.· Consequential. Amends

chapter 378 of the Revised Statutes of Iberta 1970. Sections 4, subsection (1) and

section 57, subsection (3) r The Universities Act presently read as follows: 4. (/) The Provincial IIl1iversi~v lreretoJorf established llflder The /lame oj the Unilwsity 0/ Alberra is hereby continued as a Prol'incial lIni~'ersiry with the name 'The Universi(v oj Alberta" bllt, except as jJrol'ided ill s('clion 57, it shall 1I0t include the Provincial IIl1iversify Jaeihlies, OIJPtaliolls and Jilllclions af Calgary or

(

b) as to

section 57, subsection (3), by striking out the words" apply or apportion the property to the Provincial univer: sity operations at Edmonton, Calgary, Banff or else where" and by-substituting the words "and The Board of Governors of the Banff Centre for the Fine and Per forming Arts, apply or apportion the property to the Provincial university operations at Edmonton, Calgary or elsewhere or to the operations of the Banff Centre for the Fine and Performing Arts", and (c) ·by striking out sections 77, 78 and 80. 26. The BanffFoundatiol1 Act is-repealed. 27. This Act comes into force on a date to be fixed by Proclamation. 10

BaNff which, subject to

section 77, are hereby constituted a separate Provincial !!f1iversi(y with the flame' The Universi(V of Calgary' '. .' 57. (JJ The Governors of The Universi(y of Alberta shall adminisler lhe trust property ill accordallcewith the terms and· intent of the t/'llsts lIpon which the propcr(Y ·was given, granted, devised or bequeathed and shall, ajler consultation Irith The Governors of The University of CalgO/y, apply or apporlion The propert]1 10 the Provincial wlirersi(v operations at Edmonton, CalRary, Ba'l[( or elsewhere as The Governors of The University of Alberta, subject to the terms and intent of the trust, considers proper. - .

Removes sections 77, 78 and 80 of The Uni versities Act which present ly govern the Banff School of Fine Arts. 26. Consequential. Repeals

chapter 22 of the Statutes of Alberta, 1947. 10 Title: 1977 (18th, 3rd) Bill 46, The Banff Centre Act

Document details

Collection	Alberta — Bills
Citation	L18 S3 5748
Type	bill
Volume / chapter	L18 S3 5748
Language	en
Format	json
Source	PROVINCIAL
Identifier	21c0a802ee8b1332374f7c032cff7001c6820095

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