First Session, 46th

General Assembly

57 Elizabeth II,

BILL 40

AN ACT TO AMEND THE ARTS COUNCIL

ACT

Received

and Read the First Time ...................................................................

Second

Reading ..............................................................................................

Committee ......................................................................................................

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE CLYDE

JACKMAN

Minister of Tourism,

Culture and Recreation

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

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 Newfoundland and

Labrador Arts Council.

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repealed and substituted in clause 5 of the Bill.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.

A BILL

AN ACT TO AMEND THE ARTS COUNCIL ACT

Analysis

S.2 R&S

Definitions

S.3 R&S

Purpose

3. S.3.1 Added

Professional artist

S.5 R&S

Objects of council

S.6 R&S

Membership

S.7 Amdt.

Meetings and expenses

S.8 Amdt.

Staff

S.10 Amdt.

Investment committee

S.15 Rep.

Report to House of Assembly

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL 1990 cA-17

as amended

Section 2 of the Arts Council Act is repealed and the following substituted:

Definitions

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 Newfoundland and

Labrador Arts Council referred to in

section 4;

(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

(

i) honours,

(ii) awards,

(iii) professional prizes,

(iv) scholarships,

(

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.

Section 3 of the Act is repealed and the

following substituted:

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.

3. The Act is amended by adding immediately after

section 3 the following:

Professional artist

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,

(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.

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.

Section 6 of the Act is repealed and the

following substituted:

Membership

(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:

Staff

(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:

Investment committee

(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.

Section 15 of the Act is repealed.

Earl G. Tucker, Queen's Printer