Bill 17 — An Act Respecting Libraries (Legislature 13, Session 2)

L13 S2 6378

Alberta — Bills

No. 17 2nd Session, 13th Legislature, Alberta 4 Elizabeth II, 1956 BILL 17

An Act respecting Libraries HoN. MR. PATRICK EDMONTON, ALBERTA Printed by A. SHNITKA, Printer to the Queen'• Moat Excellent Majesty UIUI

Explanatory Note General. This Bill will repeal and replace The Public Libraries Act. The new Act constitutes a departure from the present adminis tration and organization of libraries, and from the present establish ment of and financial assistance to libraries. It makes provision for a central library service, and three types of public libraries, viz., regional, municipal and community public libraries. The present book grants are retained for smaller libraries, while large municipal and regional libraries are to be provided with annual grants based on the population they serve.

Other grants to assist in the establishment of regional libraries are provided for in the new Act, while certain special grants are also dealt with. 1.

Short title of Act. 2. Defines terms used; "public library" means the libraries called "regional", "municipal" and "community". Subsection (2) is necessary because of the proposed "per capita" annual grants.

BILL No. 17 of 1956

An Act respecting Libraries (Assented to , 1956) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may cited as "The Libm1'ies Act".

Interpretation 2.

(1) In this Act, (a) "Alberta Library Board" means the library board established pursuant to this Act; (b) "board" means the board of management of any public library established pursuant to this Act; (c) "Central Library Services" means a centralized library established pursuant to

Part I to give ser vice to the whole Province; (d) "community library" means a library formed by an association of persons, whether incorporated or not, and designated by the Minister as a community library pursuant to

Part V; (e) "council" means the council or other chief govern ing body, as the case may be, of any municipality; (f) ''institution library" means any library established in any public institution whether the institution is operated by the Government of Alberta or not; (g) "library" means a collection of books, periodicals, newspapers, and other articles and objects of ed ucational, cultural, or artistic value for circulation or reference and includes branch libraries, reading rooms, and bookmobiles established or used in con nection with a library; (h) "mayor" means the mayor of any city, town or vil lage, and the reeve of any municipal district and the chairman of the county council; ( i) "Minister" means that member of the Executive Council for the time being charged with the admin istration of this Act; (j) "municipal library" means a library established pursuant to

Part III; (k) "municipality" means any city, town, village, muni cipal district or county; ( l) "per capita" means every man, woman and child residing in a given municipality or area;

2 3. General authority for the establishment of "public libraries". 4. Provides for the appointment of a Director of Libraries. 5. Requires the appointment and sets out the duties of a Super visor of public libraries until such time as a Director is appointed and Central Library Services established. 6. Gives Minister of Economic Affairs power to make regula tions.

2 (m,) "public library" means any municipal library, re~ gional library or community library; (n) "qualified librarian" means a librarian who has been granted a degree in library science from an accredited school of librarianship; ( o) "regional library" means a library established pur~ suant to

Part IV; (p) "regulations" means regulations made pursuant to this Act. {2) Population figures used for computing public li~ brary appropriation or annual grants shall be those estim~ ates of population published annually by the Department of Municipal Affairs. Administration 3. Public libraries may be established in the manner hereinafter provided. 4. Subject to the provisions of The P·ublic Service Act, 1954, the Lieutenant Governor in Council may appoint a qualified librarian as Director of Libraries, who shall per~ form the duties set out in

section 8. 5.

(1) Subject to the provisions of The Public Service Act, 1954, the Lieutenant Governor in Council may appoint a qualified librarian as Supervisor of Public Libraries, who shall (

a) administer this Act until the establishment of Cen~ tral Library Services, (

b) make inspections of public libraries, (

c) assist in the organization of new libraries, and en~ courage the improvement of those already establish~ ed, and (

d) in general, perform such duties as may be assigned to him from time to time by the Minister.

(2) The office of Supervisor of Public Libraries shall be abolished upon the establishment of Central Library Ser~ vices. 6. The Minister may make rules and regulations, not in~ consistent with this Act, providing for (

a) the allocation among libraries of moneys appropri~ ated by the Legislature for that purpose, (

b) the administration of gifts or grants made to li braries, (

c) the forms to be used for the purposes of this Act or the regulations, (

d) the conditions upon which moneys allocated for library service by the Legislature may be made,

3 'f, Provides for a central library, i.e. the Central Library Services, and its general powers. 8. Sets out the duties o£ the Director of Library Services.

3 (

e) the establishment, maintenance, operation, mana gement, and inspection of public libraries, (

f) reports respecting the equipment, cost, mainten ance, finances and use made of public libraries, (

g) the examination and certification of librarians and library assistants, (

h) the making of such surveys as he deems necessary or advisable for the purpose of obtaining informa tion to assist in the formulation of policies respect ing matters to which this Act relates, and (

i) any other thing required to be done in order to carry out the provisions of this Act according to their intendment or in order to meet cases that arise and for which no provision is made herein.

PART I CENTRAL . LIBRARY 7. ( 1) There may be a centralized library, hereinafter called Central Library Services, comprising such books, re cords, documents, catalogues, and educational and cultural materials as, for the purposes of the Central Library Ser vices, are provided from time to time out of moneys of the Province, or by grants, bequests, gifts, or otherwise by other persons.

(2) The Central Library Services may co-operate with any cultural or educational organization, library board, municipality, school board, government department or in stitution, in matters pertaining to the development, organi zation and operation of library services. 8. The Director of Libraries shall, under the direction of the Minister, (

a) supervise Central Library Services, (

b) direct the work of other officials and employees in Central Library Services, (

c) promote and encourage the extension of library services throughout the Province, (

d) supervise libraries and library service support un der this Act, (

e) perform such services as the Minister deems neces sary or advisable to supplement the activities of libraries established under any Act, (

f) co-operate with the National Library of Canada and with any cultural or educational organization, library association, library board, or librarian, in matters pertaining to the organization, mainten ance, and administration of Central Library Ser vices, or any library established under any Act, and (

g) perform such other duties as may be assigned to him by the Minister.

4 9. Authorizes the employment of other personnel by Central Library Services. 10. The establishment, purpose and constitution of the Alberta Library Board. l.l.. Appointment and offices of members of the Alberta Library Board. 12. Relates to the chairman and other officers on the Board . 13. Empowers the Alberta Library Board to make regulations, and sets out certain other powers and functions.

4 9. Such other librarians, clerks, and employees as are necessary for the proper control and management of the Central Library Services may be appointed in accordance with The Public Service Act, 1954. PARTU ALBERTA LIBRARY BOARD 10.

(1) The Lieutenant Governor in Council, on there commendation of the Minister may establish a library board, which shall be known as the Alberta Library Board.

(2) The Alberta Library Board shall consist of not less than five and not more than fifteen persons and shall be the advisory board to Central Library Services. 11.

(1) The members of the Alberta Library Board shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister.

(2) A majority of the members first appointed and desi gnated by the Lieutenant Governor in Council shall hold office for a term of two years and the others for a term of three years in the first instance and thereafter all appoint ments shall be for a period of two years except that, in the case of a vacancy occurring on the board otherwise than by efHuxion of time, the person appointed to fill the vacancy shall hold office for the balance of the term of the member whose place he is taking. 12. The Alberta Library Board shall appoint a chair man and such other officers as it deems necessary. 13.

(1) With the approval of the Minister, the Alberta Library Board may make rules and regulations governing the conduct of its meetings and the carrying out of its du ties and functions.

(2) The Alberta Library Board (

a) may carry out surveys, encourage community ac tivities, call public meetings, promote publicity campaigns, carry on its activities in co-operation with or through an established organization or agency, and generally, may do any act or thing hav ing for its purpose the promotion of library ser vices, and (

b) may raise funds by public subscription to be used in the promotion and advancement of libraries, and shall cause to be kept a proper record of the funds collected and all disbursements, which record shall be audited by the Provincial Auditor and appear in the annual report of the board submitted to the Minister.

5 14. Relates to remuneration and expenses of members of Board. · 1·6. Requires the making of annual reports on the work of the Alberta Ltbrary Board. 16. Application of

Part III to public libraries maintained by municipal taxation. 11'. Provides for the establishment of municipal libraries by petition and election, where specified.

5 14.

(1) The members of the Alberta Library Board shall receive no remuneration for their services, but the Lieuten ant Governor in Council may by regulation authorize the payment of such subsistence allowances, travelling expenses and other expenses as are deemed proper and expedient in connection with the attendance of board members at board meetings or in connection with their duties while otherwise engaged in the work of any board.

(2) All payments authorized by this

section to the mem bers of the board shall be made out of moneys appropriated by the Legislature for that purpose. 15. The Alberta Library Board shall make an annual report to the Minister on its work and the report shall be made at such time and in such manner as the Minister may determine.

PART Ill MUNICIPAL LIBRARIES 16. This Part applies to every public library maintained in whole or in part by municipal taxation and established under this Part or under any former Act respecting public libraries. 17.

(1) For the purposes of this

section "elector" means a person entitled to vote on a money by-law in the munici pality.

(2) Subject to subsection ( 4), the council of a munici pality shall, upon receipt of a petition, in Form A in the Schedule, praying for the establishment of a public library and signed by at least one-tenth of the resident electors, prepare and submit to the electors a by-law, in Form B in the Schedule, providing for the establishment of a public library.

(3) The b~-law shall be submitted to the electors in the same manner and with the like proceedings as are required in the case of any other by-law requiring the assent of the electors. lrJ\¢ ~ ~ ~ ~W.l~~ ·

(4) If the an&ual grant to be made 1or the support of the library does ot exceed the sum of one thousand dollars the council lJlay ive effect to the petition and make such grant by resoluti n without a reference to the electors.

(5) Where a by-law that is submitted to the electors under this

section receives the assent of at least three-fifths of the electors voting thereon, the council shall pass the by law without unnecessary delay, whether such council is or is not the council that submitted the by-law to the electors.

(6) Upon receiving results of the by-law, wheth~r suc cessful or not.- the secretary of the municipality ·concerned shall without unnecessary delay forward the results to the Minister.

6 18. Invests the Board o£ Management of municipal library with the management and control of the library, and creates the Board a corporation. 19. Composition of board of management. ZO. Councillors on the board of management. 31. Continuation in office until successor appointed.

(7) When the vote of the electors is adverse to the by law, no new by-law for the same purpose shall afterwards be submitted to the electors within the same fiscal year of the municipality. 18.

(1) Whenever a municipal library is established under this Act the general management, regulation and con trol of the library is vested in and shall be exercised by a board of management.

(2) The board of management of a municipal library is a body politic and corporate and shall be known as "The (name of municipality) Library Board". 19. (1). In municipalities in which the population is fifteen thousand or more, the board shall be composed of seven members as follows : (

a) the mayor of the municipality, who is ex officio a member of the board during his term of office; (

b) six other members appointed by the council from among the electors of the municipality, two of the first members appointed shall hold office until the date of the first meeting of the council in January of the year following their appointment, and two of the first members appointed shall hold office un til the date of the first meeting of the council in January of the second year following their appoint ment, and two of the first members appointed shall hold office until the date of the first meeting of the council in January of the third year following their appointment. (2) , In municipalities in which the population is less than fifteen thouslind, the board shall be composed of the mayor of the municipality and four other members appoint ed by the council from among the resident electors of the municipality, two of the first members appointed shall hold office until the date of the first meeting of the council in Jan uary of the year following their appointment, and one of such members shall hold office until the date of the first meet ing of the council in January of the second year following his appointment and one of such members shall hold office until the date of the first meeting of the council in January of the third year following his appointment.

(3) Except as herein otherwise provided, every person appointed a member of the board shall hold office for three years. 20. Not more than one member of a council at a time in addition to the mayor shall be a member of the board. 21. Notwithstanding anything to the contrary in this Act, a member of the board shall continue in office until his successor is appointed •.

7 22. Provides for the validity of acts of a de facto member. 23.. Provides for filling of vacancies. 24. Time of appointment of members. 25. Saving clause re time of appointment. 26. Relates to the annual estimates of moneys required. 27'. Duties and powers of board defined.

7 22. No resolution, by-law, proceeding or action of any kind of the board shall be held invalid or set aside by reason of any person whose election has been annulled or declared illegal having acted as a member of the board. 23. In case of a vacancy by death or resignation, or from any cause other than expiration of the term for which a member of the board was appointed, a successor shall be appointed by the council to till the vacancy for the remaind er of the term. 24.

The annual appointment of the members of the board shall be made at the first meeting of the council in January in every year, and any vacancy arising from any cause shall be filled at the first meeting of the council after the vacancy occurs. 25. Nothing in this Act deprives the council of the right to appoint the members of the board immediately after the passing of the by-law establishing a library or at any other meeting of the council in case for any cause the appoint ments are not made as hereinbefore provided. 26,

(1) The board shall before the first day of March in every year make up or cause to be made up an estimate of the sums required during the ensuing financial year for the following: (

a) the amount of principal and interest required for the annual payment of any outstanding debenture; (

b) the expense in detail of maintaining and manag ing the libraries under its control and for making the purchases required therefor.

(2) The estimate shall be forthwith transmitted to the clerk or secretary-treasurer of the municipality. 2'1. ( 1) The board shall (

a) purchase books, periodicals, newspapers and other articles of educational, cultural, or artistic value deemed by it necessary for the library, (

b) do all things necessary for keeping the same in a proper state of preservation and repair, and (

c) provide fixtures, furnishings, fuel, lighting, and sup plies deemed necessary by the board for the pro per maintenance and accommodation of the library.

(2) The board may appoint and dismiss such librarians, officers and employees as it thinks fit.

(3) The board shall keep distinct and regular accounts of its receipts, payments, credits and liabilities and the ac counts shall be audited _ by the auditors of the municipality in like manner and at the same time as other accounts .of the municipality and shall immediately thereafter be laid before the council by the board.

8 28. Acquisition of library building and equipment thereof. 29. Authority to borrow money by "Public Library Debentures". 30. Borrowing to be in same manner as other municipal borrowings . 31. Borrowing by-law to be passed within one month after approval. 32. Concerning the matters that may be computed within library rate. 33. Public library debentures are to be a charge on the whole rateable property of the municipality. 3-A. Duties of municipal treasurer re moneys raised for library purposes. 35. Dissolution of municipal library board, reason for and methOd thereof.

8 28. Upon petition from the board that a sum of money be furnished for the purpose of acquiring a library building site and erecting, repairing, furnishing and equipping a library building, or for any of such purposes, the council may take all necessary steps as hereinafter set forth to furnish the sum asked or such portion thereof as the council deems expedient. 29.

(1) A sum approved by the council under

section 28 may, as hereinafter provided, be borrowed by the council under the authority of a by-law and upon the security of debentures which shall be termed "Public Library Deben tures".

(2) The council shall take such steps as are necessary to have the by-law submitted to the electors.

(3) The by-law shall, before the final passing thereof, be submitted to the electors and receive the assent of a major ity of the electors voting thereon. 30. The sum required may be borrowed by the council in the same manner as moneys required for the purposes of the municipality, and the provisions of the appropriate municipal Act, in so far as they are applicable and not in consistent with the provisions of this Act, apply to by-laws for borrowing money under this Act, and to the issue and form of debentures therefor. 31.

If approved by a majority of the electors voting thereon, the by-law shall within one month thereafter be passed by the council. 32. The council of the municipality concerned may in clude in the library rate an amount sufficient to cover in terest, sinking fund requirements, if any, and instalments in respect of debentures issued for library purposes. 33.

The debentures issued by the municipality to secure repayment on the amount borrowed with interest are a charge on the whole rateable property in the municipality, and the council may from time to time as in the case of other debenture indebtedness, assess, levy and collect all moneys necessary to meet the indebtedness incurred by the issue of the debentures. 34.

All moneys levied or raised as aforesaid shall be re ceived by the treasurer of the municipality in the same manner as other municipal funds and be paid out by him on the order of the board save as to the amount required to meet the interest and principal due or falling due on any debentures as aforesaid. 35.

(1) Where a board fails or neglects to open the library to the public for a period of two years, the council may make an ex parte application to a judge of the Su preme Court for an order declaring the board dissolved.

8 28. Upon petition from the board that a sum of money be furnished for the purpose of acquiring a library building site and erecting, repairing, furnishing and equipping a library building, or for any of such purposes, the council may take all necessary steps as hereinafter set forth to furnish the sum asked or such portion thereof as the council deems expedient. 29.

(1) A sum approved by the council under

section 28 may, as hereinafter provided, be borrowed by the council under the authority of a by-law and upon the security of debentures which shall be termed "Public Library Deben tures".

(2) The council shall take such steps as are necessary to have the by-law submitted to the electors.

(3) The by-law shall, before the final passing thereof, be submitted to the electors and receive the assent of a major ity of the electors voting thereon. 30. The sum required may be borrowed by the council in the same manner as moneys required for the purposes of the municipality, and the provisions of the appropriate municipal Act, in so far as they are applicable and not in consistent with the provisions of this Act, apply to by-laws for borrowing money under this Act, and to the issue and form of debentures therefor. 31.

If approved by a majority of the electors voting thereon, the by-law shall within one month thereafter be passed by the council. 32. The council of the municipality concerned may in clude in the library rate an amount sufficient to cover in terest, sinking fund requirements, if any, and instalments in respect of debentures issued for library purposes. 33.

The debentures issued by the municipality to secure repayment on the amount borrowed with interest are a charge on the whole rateable property in the municipality, and the council may from time to time as in the case of other debenture indebtedness, assess, levy and collect all moneys necessary to meet the indebtedness incurred by the issue of the debentures. 34.

All moneys levied or raised as aforesaid shall be re ceived by the treasurer of the municipality in the same manner as other municipal funds and be paid out by him on the order of the board save as to the amount required to meet the interest and principal due or falling due on any debentures as aforesaid. 35. ( 1) Where a board fails or neglects to open the library to the public for a period of two years, the council may make an ex parte application to a judge of the Su preme Court for an order declaring the board dissolved.

8 28, Acquisition of library building and equipment thereof. 29. Authority to borrow money by "Public Library Debentures". 30. Borrowing to be in same manner as other municipal borrowings, 31. Borrowing by-law to be passed within one month after approval. 32. Concerning the matters that may be computed within library rate. 33. Public library debentures are to be a charge on the whole rateable property of the municipality. 34. Duties of municipal treasurer re moneys raised for library purposes. 35. Dissolution of municipal library board, reason for and method thereof.

36. Establishment of regional library by municipality, and school body through agreement. 3'1. Authorizes the prov1s1on of funds for regional library by associated governing bodies. 38. Authorizes the making of regulations re regional libraries by Lieutenant Governor in Council.

(2) The order dissolving the board vests in the munici pality all the real and personal property of the board, anQ the council through its proper officers may thereupon take possession of the property and dispose of the same in any manner deemed advisable.

PART IV REGIONAL UBRARIES 36. Subject to this Act, a municipality, school division, or school district, may enter into an agreement to associate with one or more municipalities, school divisions or school districts, to establish~ maintain and operate a regional li- ~~ · _ 3'7.

(1) A municipality, school division or school dis trict may grant money for the establishment of a regional library.

(2) A municipality may, from the revenue derived by the municipality from the public library rate hereinafter provided for, make an annual grant for the maintenance of a regional library with which it is associated.

(3) A school division or school aistrict or county may make an annual grant for the maintenance of a regional library with which it is associated. · 38.

(1) The Lieutenant Governor in Council may make regulations governing the establishment, maintenance, op eration, management and inspection of regional libraries.

(2) Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations (

a) prescribing conditions to be complied with by any new municipality prior to its association in the establishment, maintenance or operation of any re gional library, (

b) governing the agreements required and the pro cedure to be followed in the establishment of any regional library, (

c) respecting municipal libraries belonging to muni ipalities desirous of associating with regional li braries and respecting the disposition or acquisi tion of such municipal libraries, (

d) governing the appointment and composition of the board of any regional library and the term of office of its members, (

e) governing the granting and expenditure of moneys appropriated by the Legislature to assist in the establishment or maintenance of regional libraries,

10 39. Grants for

(1) Establishment, and

(2) Maintenance of regional libraries out of moneys appro priated therefor by the Legislative Assembly. 40. Constitution, composition and authorities of board of man agement of regional libraries.

(f) (g) 10 requiring reports respecting the equipment, cost, maintenance, finances and use made of regional li braries, and generally for the purpose of carrying out the pro visions of this Part according to their intendment. 39.

(1) The Minister may, out of moneys appropriated by the Legislature for the purpose, grant such sums of money for the establishment of regional libraries as are provided for by this Act.

(2) The Minister may, out of moneys appropriated by the Legislature for the purpose, grant such sums of money for the annual maintenance of regional libraries as are pro vided for by this Act. 40. ( 1) Whenever a regional public library is estab lished under this Part the general management, regulation and control of the library is vested in and shall be exercised by a board of management.

(2) The board is a body politic and corporate and shall be known as "The (name of region) Library Board".

(3) The board shall, subject to subsections (4) and (5), consist of (

a) one member who shall be appointed by the council of each associated county, municipal district and city that is a party to the agreement, (

b) two members who shall be appointed by the Lieu tenant Governor in Council, and (

c) such additional members as may be appointed by the representatives of participating units in the manner and to the number prescribed by regula tions.

(4) When either the city of Edmonton or the city of Calgary is associated with other municipalities to form a regional library, the board shall consist of seven members appointed by the council of the city of Edmonton or the city of Calgary, as the case may be, and such other members not exceeding six to represent the other municipalities as sociated in the regional library as the Minister may desig nate and who shall be appointed thereto in such manner as the Minister deems necessary.

(5) Until such time as a regional library serves such area and such minimum population as may be designated in the regulations, a regional library bOard shall consist of such number of members appointed in such manner as, in either case, the regulations may prescribe.

(6) All members of a regional library board shall exer cise their office with regard to the whole area of the regional library and shall not while exercising their office thereon conduct themselves as representatives of the municipalities from which they were appointed to the board.

11 41. Relates to the estimates of regional libraries. 42. Authorizes the withdrawal of an associated governing body from a regional library. 43. The occasion for, method and result of a dissolution of a board of management of a regional library .

(7) The board may (

a) acquire and hold real and personal property of every description, (

b) equip, establish and maintain a regional library, (

c) acquire and circulate books, periodicals, pamphlets, and other articles and objects of educational, cul tural or artistic value, (

d) borrow from time to time for the purpose of de fraying its operating expenses an amount not ex ceeding one-half of the amount expended by it dur ing its immediately preceding financial year, (

e) receive, hold and administer bequests, donations and gifts of real and personal property, (

f) enter into and carry out agreements with munici palities, associations and organizations for the pro vision of library services to them on such terms and conditions as the board thinks advisable, (

g) make rules for the conduct and management of the business of the board and of the library, (

h) engage a person to act as librarian, and fix his compensation, (

i) engage such assistant librarians and other em ployees as the board considers advisable, and fix their compensation, and (

j) do and perform such other acts and things as are conducive or incidental to the carrying out of its purposes and the exercise of its powers. 41. The board of a regional library shall, at a date spe cified by each municipality, school division or school district supporting a regional library submit to each government unit concerned a detailed estimate of the amounts required for the board to meet expenses of operating the library, showing the amounts to be paid by each municipality, school division or school district. 42.

(1) Where a regional library has been established or a municipal library is providing service by contract to municipalities, school divisions or school districts, any party to the agreement may, by giving twelve months' notice, withdraw after the expiration of three years from the date the contract affecting the party was assented to.

(2) The withdrawal of a party from such contract shall not be deemed to affect the agreement between the other parties. 43.

(1) When the board of any regional library fails or neglects to provide library services to the public for a period of two years, the Minister and the councils of all as sociated municipalities may join in making an ex parte ap plication to a judge of the Supreme Court for an order de claring the regional library board dissolved.

12 44. Establishment of a community library in areas not served by municipal or regional libraries to be by application to Minister. 45. Formation and designation of community library. 40. Association public library under repealed Act to become community library. 47. Restriction on designating community libraries. 48. Constitution of board of management of community library. 49. General powers and duties of that board.

(2) By the order dissolving the board, the judge shall vest in the Minister or in the councils of the associated municipalities severally or in common as he deems just all the real and personal property of the board or make such other disposition of the property as he considers just in the circumstances. ( 3) The Minister and the councils, or as the case may be, through their proper officers or other proper person as specified by the order may then take possession of the pro perty, and dispose of the same as deemed advisable. PARTY COMMUNiTY UBRARIES 44.

In any area where library facilities are not provid ed by a municipal library or a regional library established under this Act, any association of persons, whether incor porated or not, may apply to the Minister to be designated as a community library, and to be authorized to provide library facilities to the public in that area. 45.

(1) On the recommendation of the Alberta Library Board, the Minister may authorize an association of per sons to provide library facilities to the public in a given area.

(2) The association so formed shall be called a commun ity library. 46. Any public library heretofore designated by the Minister as an association public library shall, for the purposes of this Act, be deemed a community library, if, in the opinion of the Minister, it is operating in good stand ing on the corning into force of this Act. 47. No libraries shall hereafter be designated as com munity libraries except in such areas and under such cir cumstances as, in the opinion of the Minister and on the advice of the Alberta Library Board, a municipal library or regional library would not be practical. 48.

A community library board when organized in such manner as may be prescribed by the Minister, is a body politic and corporate and shall be known as "The ( distin guishing name of the library) Community Library Board". 49. The board shall have charge of the business of the library, including the management, regulation and con trol thereof.

13 ·50. Particular duties of the board of management. 511. Particular powers of the board of management. 52. Requires the keeping of records by a community library, the inspection thereof and annual returns. 53. Cessation of a community library designation by order of: the Minister.

13 50. Without limiting the generality of

section 49, the board shall (

a) keep proper minutes of all proceedings of the board, and of all general and special meetings of the as sociation of persons operating the library, (

b) purchase books, magazines, newspapers and other reading materials in accordance with the provi sions of this Act, (

c) make rules and regulations for the management and use of the library, and (

d) in general, perform such duties as are necessary to operate a community library successfully. 51. Without limiting the generality of

section 49, the board may (

a) make rules and regulations for the holding of reg ular and special meetings and for the conduct of the business of the board, (

b) de:fine the duties of the officers and servants of the board, (c) (d) (e) (

f) provide such suitable accommodation for the com munity library as the funds at the disposal of the board warrant, adopt means for the raising of funds for the sup port of the community library, including, if thought desirable, the :fixing of an annual membership fee, procure, erect, rent or lease the necessary land and buildings or vehicle for the purposes of the com munity library, and sell, lease, exchange or otherwise dispose of lands or buildings of the board not required for library purposes. 52.

(1) A community library shall keep a record of all its orders and proceedings, and of all its receipts, payments, credits and liabilities.

(2) A community .library shall, at such times as the Minister or the person so appointed may require, produce all of its books, records, accounts, orders and proceedings for inspection by the Minister or by any person appointed to act on his behalf.

(3) A community library shall make such returns as may be from time to time required by the Minister. 53. The Minister may, on the recommendation of the Alberta Library Board, terminate by order the designation of any association as a community library and thereupon the association whether incorporated or not ceases to be a community library within the meaning of this Part.

14 54. General authority for establishment grants, annual grants, book grants, and special grants, periodical grants from appropria tions. 55. Municipal and regional library may elect to receive book grants in lieu of annual grants. 56. Withholding of grant permitted in certain case. 51'1. The provisions for obtaining book and periodical grants in the case of municipal and regional libraries.

PART VI FINANCIAL ASSISTANCE TO UBRARIES 54. The Minister, in accordance with the provisions of this Act may, from moneys appropriated for the purpose by the Legislature, provide establishment grants, annual grants, book grants, periodical grants or special grants to libraries qualifying for assistance. 55. A municipal or regional library may, by application to the Minister, elect to receive book grants as outlined in

section 57 in lieu of annual grants as provided for under

section 59. 56. Where a board in any year fails to comply with any of the regulations, the Minister may withhold the whole or any part of the Government grant payable to the board for that year. 57.

(1) On or before the thirty-first day of January in each year a municipal library or a regional library may apply to the Minister (

a) for a book grant on the basis of book purchases made during the previous calendar year, and (

b) for a periodical grant on a basis of newspaper, periodical and magazine purchases made during the previous calendar year.

(2) If the municipal library or regional library pro vides public library service that meets with the standard fixed by the Lieutenant Governor in Council, the Minister may approve the application for a grant.

(3) In respect of an approved application for a book grant the Minister may pay to such municipal library or regional library out of any moneys appropriated by the Legislature for that purpose a book grant of one dollar for every dollar expended on the purchase of books by the board, out of the funds under its control, other than grants as herein provided, but the book grant shall not exceed the sum of five hundred dollars in any one year in respect of any one library. ( 4) In respect of an approved application for a periodi cal gra.nt the Minister may pay to such municipal library or regional library out of any moneys appropriated by the Legislature for that purpose a periodical grant of one dollar for every dollar expended by the board for the pur chase of newspapers, periodicals and magazines for the purpose of a reading room, but the periodical grant shall not exceed the sum of fifty dollars in any one year in respect of any one library.

(5) Any sum paid as a book grant or a periodical grant to any municipal or regional library shall be expended on

15 58. Provisions for obtaining such grants in the case of community libraries. 59. Provisions relating to annual grants in the case of regional and municipal libraries.

15 the purchase of books, newspapers, periodicals, and maga zines within the six months following its receipt by the board of the library. 58.

(1) On or before the thirty-first day of January in each year a community library may apply to the Minister (

a) for a book grant on a basis of book purchases made during the previous calendar year, and (

b) for a periodical grant on a basis of newspaper, periodical and magazine purchases made during the previous calendar year.

(2) If the community library provides public library service that meets with the standards fixed by the Lieuten ant Governor in Council, the Minister may approve the application for the grant.

(3) On receipt of an application for a book grant the Minister may pay to such community library out of any moneys appropriated by the Legislature for that purpose a book grant on the same scale as is payable in respect of municipal public libraries or regional public libraries but the book grant shall not exceed the sum of three hundred dollars in any one year in respect of any one library.

(4) On receipt of an application for a periodical grant the Minister may pay to such community library out of any moneys appropriated by the Legislature for that pur pose a reading room grant on the same scale as is payable in respect of municipal libraries or regional libraries. ( 5) Any sum paid as a book grant or a periodical grant to any community library shall be expended on the pur chase of books, newspapers, periodicals, and magazines within the six months following its receipt by the board. 59.

(1) On or before the thirty-first day of January in each year a municipal library or regional library may apply to the Minister for an annual grant.

(2) If the municipal library or regional library provides public library service that meets with the standard fixed by the Lieutenant Governor in Council the Minister may approve the application for a grant.

(3) A sum of at least thirty-five cents per capita may be paid directly to the library board concerned to be used in such manner as the board may determine. ( 4) The grant shall be given on the condition that in the case of a town or city having a total population over ten thousand the appropriation from the municipality to the library will be at least seventy-five cents per capita, and that in the case of a town, city or village having a total population under ten thousand, or a county or rural municipality, the local appropriation from the municipality to the library will be at least fifty cents per capita.

16 60. Provides the maximum of annual grants. 61, Establishment grants for regional libraries. 62. Special grants !Qr the provision of special library services or for specl"J needs,

(5) An audited financial statement of each library re ceiving an annual grant under the provisions of this

section shall be sent to the Minister at such time as the regulations may indicate. 60.

(1) Grants paid under

section 59 shall be thirty-five cents per capita but not exceeding a total of five thousand dollars in case of a city having a population of less than forty thousand or ten thousand dollars in case of a city having a population of forty thousand or more.

(2) With the intent of increasing grants to large munici pal libraries the total grant to be awarded to each library affected by subsection (1) shall be subject to review by the Minister when so recommended by the Alberta Library Board. 61.

(1) Upon the organization of a regional library, or upon the entry of a municipality or school division or school district into a regional library, the regional library board may apply to the Minister for an establishment grant for the purpose of purchasing books, equipment, or SUP plies or for any other purpose deemed necessary to the establishment or expansion of a regional library.

(2) If the regional library meets with the standards fixed by the Lieutenant Governor in Council the Minister may, upon the advice of the Alberta Library Board, approve the application for the grant which shall be based on the total population of the municipality or school division or school district entering the regional library.

(3) In respect of an approved application for an estab lishment grant the Minister may pay to. such regional library an establishment grant of one dollar per capita. ( 4) An establishment grant may be obtained for any municipality, school division or school district complying with the regulations, except in the case of the cities of Calgary and Edmonton.

(5) Notwithstanding the provisions of subsection (4) the public library of Calgary and the public library of Edmonton may receive establishment grants for any out lying municipalities, school districts or school divisions that they might serve.

(6) The Minister may make rules, not inconsistent with this Act, concerning the amount, allocation, use, payment and time of payment of establishment grants. 62.

(1) From moneys provided by the Legislature for the purpose, the Minister, upon recommendation of the Alberta Library Board, may award special grants to libra ries, individuals, institutions, associations or any corporate body, to provide special library services or to fill special needs or to meet an emergency. ·

(2) Without limiting the generality of subsection (1) the special grants may make provision for scholarships for library training, workshops, awards to associations or

17 63. Authorizes the assessment and levy of a "special public library rate" in municipalities. 6.4. Provides for the automatic vacating of seats on the boards of municipal and regional libraries for specified causes. 85. Appointment of special constable for municipal and re gional libraries and defining his duties and powers .

17 individuals, surveys, aid to special libraries, aid to insti tution libraries, library demonstrations, or for other pro jects deemed important by the Minister for the expansion and development of library services in the Province.

(3) Applications for a special grant, when received in such manner and form as the regulations may prescribe, shall be considered by the Alberta Library Board, who shall make a report or recommendation thereon to the Minister. ( 4) The Minister, if the application is recommended by the Alberta Library Board, may approve the application in whole or in part, if in his opinion the grant so awarded will contribute to the expansion and development of library services in the Province.

PART VII GENERAL 63.

(1) Any council may, in addition to all other rates and assessments levied and assessed for municipal pur poses, levy and assess from year to year a special annual rate not exceeding two mills on the dollar upon the assessed value of all property liable to taxation for municipal pur poses, which rate shall be called "The Public Library Rate".

(2) In the case of a municipality that has a municipal library, the sum so collected may be used for the purpose of providing the amounts estimated by the board to be required pursuant to

section 26.

(3) In the case of a municipality associated with a re gional library, the sum so collected may be used to pay the annual grant for the maintenance of the regional library pursuant to

section 37. 64. If any member of the board of any municipal or region!tl library is convicted under the Criminal Code, or becomes insane, or absents himself from the meetings of the board for three consecutive meetings without being authorized by resolution entered upon its minutes, or ceases to be a resident within the municipality for which he is a member, such member ipso facto vacates his seat, and the remaining members shall declare his seat vacated forthwith and notify thereof the council having authority to ap point the member. 65.

(1) The council may, upon the request of the board of any municipal or regional library within the jurisdiction of the council, appoint the janitor of the library a special constable while holding the position of janitor.

(2) The special constable has the special duty of pre serving the peace in the rooms of the library and in the building in which the library is situated, and of preventing the theft of, injury to, or destruction of the property of the library and any breach of the peace therein and of

lB 8&. Relating to the chairman of municipal and regional li braries. 67'. Meeting of municipal and regional library boards to be quarterly, , ~ .... .'.ai..Jl..lJ 68, Special meetings of such boards . 69. Majority of board required for a quorum. 'TO. Record of meetings required . 7'1. Admissibility in evidence of minutes and proceedings so recorded under requirements of

section 70. 7'2. Production of books and records when required by Min ister, '13. Empowering boards to acquire land and buildings for the library. 7'4. Empowers disposition of lands and buildings by board in certain cases.

18 apprehending offenders, and has generally all the powers and privileges and is liable to all the duties and responsi bilities that pertain to the office of a constable. 66.

(1) The board of a municipal or regional library shall elect one of its number as chairman, who shall hold office for one year.

(2) The chairman shall preside at meetings of the board when present, and in his absence a chairman may be chosen p1·o tempo1·e.

(3) The chairman has the same right of voting as the other members of the board. 67. The board of a municipal or regional library shall meet at least once every three months and at such other times as it deems fit. 68. By giving notice in writing or otherwise, and in such manner as may be prescribed for special meetings by resolution at a full meeting of the board of a municipal or regional library, the chairman or any two members of the board may at any time summon a special meeting of the board for any purpose. 69.

No business shall be transacted at any general or special meeting of the board of a municipal or regional library unless a majority of the members of the board are present. 70. All orders and proceedings of the board of a munici pal or regional library shall be entered in books to be kept by it for that purpose and shall be signed by the chair man for the time being. 71. The orders and proceedings so entered and purport ing to be duly signed shall be deemed to be original orders and proceedings and the books are admissible in evidence as proof thereof in all judicial and other proceedings. 72.

At such times as the Minister or person appointed to act on his behalf may require, the board of a municipal or regional library shall produce all of its books, records, accounts, orders and proceedings for inspection by the Minister or by any person appointed to act on his behalf. 73. The board of a municipal or regional library may from time to time procure, erect, rent, or lease the neces sary land and buildings for the purpose of the library or of the library and reading room, as the case may be. 7 4.

With the consent of the council in the case of a municipal library or with the consent of the Minister and the councils of all contributing associated municipalities and the boards of contributing associated school divisions and school districts in the case of a regional library, the

19 715. Relatin~ the provisions of

Part III to municipalities sup porting a regional library. 76. Relating the provisions of

Part III to a municipality ob taining library service by means of a regional library agreement. 77'. Relating provisions of regional libraries to a municipal library serving a municipality or school district by contract. 78. Agreement re regional library to restrict powers of an established municipal library board enterini into such an agreement. 79. Empowers library agreements between associations and boards. 80. Authorizes by-laws for the regulation and use of library facilities.

19 board of the municipal library or regional library may sell, lease, exchange or otherwise dispose of any of the library's lands or buildings not required for library purposes. 75. For the purposes of implementing the provisions of this Act, a municipality that is a party to an agreement re specting a regional library shall be deemed to be supporting a municipal library and, with the approval of the Minister, those provisions of

Part III that relate to public library debentures, library buildings or loans for permanent im provement, may be applied to the municipality. 76. For the purposes of implementing the provisions of this Act, a municipality desiring to obtain library service by contract with a regional library or another municipal library shall be deemed to be establishing a municipal library and, with the approval of the Minister, shall follow the procedure for the establishment of a municipal library as prescribed in

Part III. 77. For the purpose of implementing this Act a munici pal library serving a municipality or school district or school division by contract shall be deemed to be a regional library and, with the approval of the Minister, those pro visions of this Act that relate to regional libraries may be applied to such municipal library. 78. Notwithstanding anything contained in

Part III, if a municipal library has been established in a municipality, the powers of the municipal library board are limited by the terms of any agreement entered into by the municipality with respect to the establishment and operation of a re gional library and the council may by by-law further limit such powers. 79. With the consent in writing of the Minister, a board of a municipal or regional library and any association of persons authorized to provide public library service under the provisions of this Act may enter into agreements re lating to the provision of library service with any other boards or any other person or association of persons author ized as aforesaid. 80.

(1) The Board of a municipal or regional library may make by-laws and regulations for the safety and use of the library and reading room and for the admission of the public thereto, and for regulating all other matters ancl things connected with the management of the library and of the reading room, and with the management of all property of every kind under its control for the purpose of this Act.

(2) No by-law or regulation has any effect nor is it binding on any party until a copy thereof certified by the chairman of the board has heen posted up in a conspicuous

20 81. Establishes an offence and penalty. 82. Saving clause in cases where punishment provided by Act. 83, Establishes an offence and penalty. 84. Idem. 85. Permits including moneys spent for leasing headquarters building of regional library in computation of moneys derived by appropriation from municipality for the purposes of annual grant. 88. Public to have free access to public libraries. 8'7'. Exemption of library property from taxation. 88. Relating municipal governing Act to this Act.

20 place in the library, or elsewhere, in, on or near the pro perty under the management and control of the library. 81. Any person who wilfully contravenes any by-law or regulation referred to in

section 80 is guilty of an offence and liable on

summary conviction to forfeit and pay for library purposes to the library board having the manage ment or control of the property in respect of which or within which the offence was committed, a penalty not exceeding ten dollars. 82. Nothing contained in sections 81 or 84 precludes the recovery of damages for the value of articles or things not returned, or damaged, or destroyed. 83. A person who by rude or indecent behaviour or by making a noise wilfully disturbs or disquiets any person in a public library established and conducted under the authority of this Act is guilty of an offence and liable on

summary conviction to forfeit and pay, for library pur poses to the municipality within which the offence was committed, a penalty not exceeding twenty dollars. 84. A person who wilfully retains any book, record, film or other library property from any public library estab lished and conducted under the authority of this Act is guilty of an offence and liable on

summary conviction to forfeit and pay, for library purposes to the municipality within which the offence was committed, a penalty not exceeding twenty dollars. 85.

(1) For the purposes of computing, in respect of a regional library, the appropriation of moneys for public library service referred to in subsection ( 4) of

section 59, the moneys spent for leasing a headquarters building, but no other building, may be included.

(2) With respect to a municipal library, the moneys spent for renting or leasing branch library buildings but not for renting or leasing the main library building, may be included in the computation of the appropriation of money for public library services. 86. All public libraries shall be open to the public with- ~ out charge theref r.' w .u--1-<->~ 1W 1 !/; L ~ i'/f..A.A.l/... ~ 87. All th real and personal property of a board Jtf a public librar s exempt from taxatioh for municipal, ' school, civic, provi ial or other purposes. 88.

In any municipality in which a public library is established the several provisions of all Acts creating or governing the municipality and relating to any matter or proceeding herein contained shall, subject to any modifica tion or conditions herein contained, be deemed to be part hereof.

21 89. Annual reports required from all libraries as prescribed by regulations and provides for inspection of records. 9&. Relates to the forms prescribed by this Act. 91. Transition provision. 92. Permits variation of forms. 93. The provisions respecting libraries in The Cultural De velopment Act will no longer apply after this Act comes into force. 94. Repeal of present Act. 95. Coming into force provision.

21 89.

(1) An annual report of each public library under the jurisdiction of this Act shall be transmitted to the Minister in such number and manner, and at such time as the regulations may prescribe.

(2) The Minister or any person authorized by the Min ister for the purpose may inspect and examine books, ac counts, documents and records relating to a public library in receipt of any public moneys under this Act, and the Minister or other authorized person shall be permitted ac cess to any records of the public library for the purpose of any such examination.

(3) A person who hinders or molests the Minister, or any person authorized by the Minister, in the examination of the records of a public library is guilty of an offence and liable on

summary conviction to a fine not exceeding fifty dollars. 90. The forms in the

Schedule hereto or any forms to the like effect may be used for the purposes of this Act and the recitals and provisions in the said forms shall be deemed sufficient and shall be c6mplied with notwithstanding any provisions to the contrary in any Act creating or governing any municipality. 91. A public library heretofore established or incor porated under any Act respecting libraries and in oper ation on the commencement of this Act is continued, is subject to the provisions of this Act and, upon compliance therewith, is entitled to the benefits thereof. 92. The Lieutenant Governor in Council may from time to time (

a) vary any of the forms in the Schedule, or (

b) cause to be adopted any other forms considered applicable to any special case or class of cases for which a form has not been provided in the Schedule. 93. This Act replaces and supersedes the provisions of The Cultuml Development Act respecting libraries. 94. The Public Librm·ies Act being

chapter 13 of the Statutes of Alberta, 1948, is hereby repealed. 95. This Act comes into force upon assent :

SCHEDULE FORMA (Section 18) PETITION To the Council of . . . .......................... .......... .......................... . WE, the undersigned resident electors of ....................... .. . . .. .... .. . ...... ....... .. .. . ... .. . . . .. . . respectfully pray that a municipal

22 library be established in this municipality under The Li braries Act. FORM B (Section 18) BY-LAW FOR ESTABLISHING A MUNICIPAL PUBLIC LIBRARY WITH ASSENT OF THE ELECTORS A by-law to provide for the establishment of a municipal library in the .................................... of ................................... . (name of municipality)

Whereas ....................... ......... electors have petitioned the council of .......... .. ... ........ .. ..... praying for the establishment of a municipal library under The Libraries Act. Be it therefore enacted by the council of ........................... . that in case the assent of the electors is given to this by law a municipal library be established in this municipality in accordance with the provisions of The Librm-ies Act. And be it further enacted that the votes of the electors be taken on this by-law on ......................... the......... . .. ... day of ..................................

A.

D. 19 ........ , commencing at nine o'clock in the forenoon and continuing until six o'clock in the afternoon at the ~ndermentioned places; (Here insert the places of holding the poll, the name of the returning officer and the names of the deputy returning officers.) And that on the ...................... day of .................... next at his office in the ................ at.. .............. o'clock in the .............. noon the ...................... (mayor or reeve, as the case may be) shall appoint in writing signed by him two persons to attend at the final summing up of the votes by the returning officer, and one person to attend at each polling place on behalf of the persons interested in or desirous of opposing the pas sage of this by-law.

And that the returning officer shall attend at the ........... . at the hour of .................. o'clock in the ................ noon on the ...................... day of .......................... A. D. 19 .......... , to sum up the number of votes given respectively for and against the by-law. NOTICE TO CLERK The above is a true copy of a proposed by-law which will be taken into consideration by the council of ...................... . and the polls for taking the votes of the electors will be held at the hour, day and place named in the by-law.

23 FORM C (Section 29) MUNICIPAL PUBLIC LIBRARY DEBENTURE (Name of Municipality) No.......... Province of Alberta $ ............................ ..

Under and by virtue of The Libm1'ies Act and of By-law No ............................. of the corporation of ............................... . passed under the powers in the said Act contained, the corp- oration of .................................. promises to pay the bearers at the ................................ at.. ....................... ... the sum of ........ .. .. ....... ..... .... ...... dollars of lawful money of Canada in ............ .. equal consecutive annual instalments of principal and in terest on the terms and in the amounts specified in the cou pons attached.

A.B. (Mayo?' o1· Reeve, as the case may be) (Corporate Seal) C.D. Treasurer Coupon No ..... ........... . Debenture No. . .............. . The corporation of ...................... will pay to the bearer at the .......................... at ............................ on the .................. day of ............................ A. D. 19 ........ , the sum of ...................... .. dollars being the instalment of principal together with in- terest at the rate of .......... per cent per annum due on that day on Municipal Public Library Debenture No ........... . A.B. (Mayor or Reeve, as the case may be) C.D.

T?·easurer

No. 17 SECOND SESSION THIRTEENTH LEGISLATURE 4 ELIZABETH II 1956 BILL

An Act respecting Libraries Received and read the First time ......................................... . Second time ...................................... .. Third time ........................................ .. HON. MR. PATRICK Title: 1956 (13th, 2nd) Bill 17,

An Act respecting Libraries

Document details

Collection	Alberta — Bills
Citation	L13 S2 6378
Type	bill
Volume / chapter	L13 S2 6378
Language	en
Format	json
Source	PROVINCIAL
Identifier	9d28dd280ad016862759a89e119b250b9fbd1e42

Source file is stored in the law ingest library (json).