Bill 234 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 234 Arts Board and Arts Council Act (Legislature 22, Session 2)

L22 S2 2765

Alberta — Bills

1990 BILL 234 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 234 ARTS BOARD AND ARTS COUNCIL ACT MS. BARRETT First Reading vSccond Reading Committee of the Whole Third Reading Royal Assent

Bill 234 Ms. Barrett BILL 234 1990 ARTS BOARD AND ARTS COUNCIL ACT (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows:

WHEREAS the Arts in Alberta constitute a large and multi- disciplined industry; and

WHEREAS it is desirable that public support to Alberta artists and their infrastructural and service organizations be adjudicated in the main by representatives elected by the artists and organizations; and

WHEREAS it is desirable to establish an arms-length relationship between the Government of Alberta and the arts community it seeks to support financially by establishing an independent Arts Board and its governing body, an independent Arts Council; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "Board" means the Alberta Arts Board created by

section 6; (b) "Committee" means the Executive Committee; (c) "CouncU" means the Alberta Arts Council created by

section 2; (d) "Minister" means the Minister of Culture and Multiculturalism.

Council constituted Executive Committee; 2(1) There is hereby established the Alberta Arts Council.

(2) The CouncU has the powers and limitations of a society under the Societies Act.

(3) Any individual who is a resident of Alberta and who has an interest in the arts may apply for membership in the Council and, subject to the by-laws, shaU be admkted for membership.

(4) The object of the CouncU is (

a) to support the development of the arts in Alberta, and (

b) to elect members to the Alberta Arts Board pursuant to

section 6. 3(1) The annual fee for membership in the Council shall not exceed (a) $10 for the 1990/91 fiscal year, and (

b) a sum determined by the directors of the Council based on $10 for the 1989/90 fiscal year adjusted for inflation or deflation by the same amount as the Consumer Price Index for Alberta as published by Statistics Canada.

(2) The CouncU may receive and expend such funds as are paid to it by the Minister out of money appropriated to the purpose by the Legislature. 4(1) The CouncU shaU at its first meeting elect an Executive bylaws Committee of no less thsm 7 and no more than 11 directors, and shall elect one of the members to chair the Committee.

(2) The Commktee of directors shaU meet at the call of the chair.

(3) The council shaU meet in Alberta at least once in every quarter, including an annual general meeting, at a place and date determined by the Committee.

(4) The Council may pass by-laws for (

a) the procedure of the CouncU and its committees, including proxy voting; (

b) the hiring of staff; (

c) the payment of fees to and remuneration of expenses of 2

Recommendations Alberta Arts lioard Peer Committees, Arts Discipline Juries its members and staff; (

d) the estabUshment of committees of the Council; (

e) reasonable grounds on which a person may be refused membership in the Council; (

f) a procedure for the hearing of appeals of decisions of an arts discipline jury to a committee of the CouncU or to the full Council. 5 The Council may from time to time recommend to the Board or the Minister initiatives which it believes would help promote and enhance the arts as a viable and productive sector of Alberta's society and economy or which would in some other way be beneficial to the development of the Arts in Alberta. 6(1) There is hereby established the Alberta Arts Board.

(2) The object of the Board is to allocate grant budgets to qualifying applicants as provided by sections 7 and 8.

(3) The Board shall be composed of 15 members of whom at least 8 and no more than 11 shall be elected at the annual meeting of the Alberta Arts Council from among persons the Council considers to have personal experience and knowledge of a branch of the arts, including the performing, literary, visual film, or video arts in Alberta, and the balance shall be appointed by the Lieutenant Governor in CouncU.

(4) The Board shaU at ks first meeting elect one of its members to chair the Board.

(5) The Board may make by-laws governing (

a) its own procedure and the procedure of arts discipline peer commktees and arts discipline juries; (

b) the hiring of staff; (

c) the remuneration and reimbursement of expenses of its officers and staff. 7(1) The Executive Committee shall establish arts discipline peer committees for each of the performing, literary, film, visual and video arts, and any other arts discipline it deems appropriate.

(2) At the annual general meeting of the Council in each year, the Executive Committee shall provide for registration by members on

Grant applications the peer committees.

(3) Every member may register on one peer committee oiUy.

(4) A member may only register on a peer committee representing a branch of the arts if the member is actively engaged in the branch as determined by rules estabUshed by the Executive Committee.

(5) Every peer committee shaU meet at the annual general meeting of the CouncU and determine by vote of those present whether to establish jm arts discipUne jury and if it is so determined, then the peer committee shaU elect from its members an arts discipline jury of 5 members.

(6) If a vacancy occurs in a jury, the peer committee shaU convene within 30 days to elect a person to fill the vacancy.

(7) A person who is a member of an arts discipline jury is not eligible to be a member of the Board.

(8) The object of an arts discipline jury is to make determmations on grant appUcations for work m its field out of a grant budget allocated to it.

(9) The Board shaU ki each year aUocate to each arts discipline jury a portion of the money available for grants, to be the grant budget for the discipUne for the yezu".

(10) Where a peer committee decides not to elect a jury or fails to elect a jury, the functions of the arts discipUne jury for that discipline shaU be carried out by the Board.

(11) The Board shall make by-laws to prevent conflict arismg when a member of the Board or a jury makes an application for a grant.

(12) The Board shaU determine any question as to which arts discipline jury shall deal with an appUcation.

(13) A member of an arts discipline jury is entitled to remuneration and reimbursement of expenses as authorized by the by-laws of the Board. 8(1) The Board shall receive and consider all appUcations for grants in support of artistic productions or endeavours under any program it administers that provides grants to individuals or organizations to support thek endeavours ki the Arts, includmg the performing, Uterary, visual, film and video arts, as well as those

received by the Department of Culture and Multiculturalism that are within the fundmg and jurisdictional authority of the Board.

(2) The Board shaU aUocate each appUcation to the proper arts discipline jury, if a jury has been elected for that disciplme.

(3) The jury, or if none has been elected, the Board, shall determine which appUcants are to receive grants out of the disciplines budget in accordance with crkeria estabUshed from time to time by the CouncU.

(4) The Board shall, where feasible, ensure that at least 5% and no more than 10% of the grant funds aUocated to the Board shall be appUed to accommodate and promote each of (

a) amateur arts; (

b) service organizations whose endeavours are related to the arts; (

c) artistic endeavours which are exploratory in nature.

(5) In assessing an appUcation, the jury shaU take into consideration (

a) the appUcant's abiUty to carry out the project; (

b) the project's reflection of unique and mdigenous experiences of Albertans or of Alberta; (

c) the degree of the project's exploratory nature; (

d) the contribution to the educational process and general awareness of the arts m Alberta that wiU be provided by the project; (

e) the potential audience for the project; (

f) where the project has commercial appUcation, the commercial potential of the project; and (

g) any other crkerion that the Board considers relevant.

(6) The Board shall arrange for the payment of every grant that it approves or is approved by an arts discipline jury in accordance with this Act, providing that there are at the time funds avaUable out of which the grant may be made.

(7) The Board shaU mamtain a record of aU financial transactions

Promotion of Arts c,C40 RSA 1980 of the Board and the juries and transmit k to the Audkor General annuaUy, m the same manner as a department of the Government of Alberta.

(8) The Board and a jury shaU advise each appUcant in writing of the reasons for any decision made by it relating to the applicant.

(9) An appUcant may appeal a decision of a jury to the CouncU or a committee of the CouncU as provided by by-laws passed pursuant to

section 4.

(10) The Board may make dkections to the Miiuster with respect to appUcations received by him for loan guarantees under the Cultural Foundations Act. 9 The Board may from time to time recommend to the Miiuster initiatives which it beUeves would help promote and enhance the arts as a viable and productive sector of Alberta's society and economy or which would in some other way be beneficial to the development of the arts in Alberta. 10(1) The Cultural Foundations Act is amended by this section;

(2) Section 11 is amended by adding at the end of it "providing the Minister has received a direction in respect thereof, pursuant to

section 8 of the Alberta Arts Board Act". Title: 1990 (22nd 2nd) Bill 234, Arts Board and Arts Council Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2765
Type	bill
Volume / chapter	L22 S2 2765
Language	en
Format	json
Source	PROVINCIAL
Identifier	7741f0a14d6f5c02ec53ee295be58f8ccd6ba85a

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