Second

Session, 50th General Assembly

Charles III, 2024

BILL 98

AN ACT TO AMEND THE

ARTS COUNCIL ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE STEVE

CROCKER

Minister of

Tourism, Culture, Arts and Recreation

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Arts Council Act to

amend

definitions, add new

definitions and remove

definitions that are no longer required;

update

terminology used in the Act;

change the number of members

and composition of the Newfoundland

and Labrador Arts Council ;

prohibit a member of the Newfoundland and Labrador Arts Council from

serving on a committee that makes decisions respecting applications for funding;

remove the

authority for the Newfoundland and Labrador Arts Council, with the approval of

the Lieutenant-Governor in Council, to make regulations and require the

minister to make regulations establishing guidelines respecting conflict of

interest for members of the Newfoundland and Labrador Arts Council; and

incorporate

gender-neutral language.

A BILL

AN ACT TO AMEND THE ARTS COUNCIL ACT

Analysis

S.2 R&S

Definitions

S.3.1 R&S

Artist

S.5 Amdt .

Objects of council

S.6 R&S

Membership

S.7 Amdt .

Meetings and expenses

S.13 Amdt .

Registered charity

S.16 R&S

Regulations

RSNL1990 cP-43 Amdt .

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cA-17

as amended

Section 2 of the Arts Council Act is repealed and the following substituted:

Definitions

2 . In

this Act,

(a) "artist" means an artist referred to

section 3.1;

(b) "arts" means, except where the

context indicates otherwise,

(

i) dance,

(ii) film and video,

(iii) Indigenous arts and practices,

(iv) literary arts,

(

v) multi-disciplinary arts,

(vi) music and sound,

(vii) theatre and performing arts,

(viii) visual arts, and

(ix) other similar creative and interpretative

works or activities;

(c) "arts administrator" means a person employed with an arts organization who facilitates

operations and programming for the arts organization;

(d) "arts organization" means an organization whose primary activity is arts

creation, arts presentation or arts programming;

(e) "council" means the Newfoundland and Labrador Arts Council

referred to in

section 4;

(f) "department" means the department presided over by the minister;

(g) "minister" means t he minister appointed under the Executive

Council Act to administer this Act;

(h) "peer" means, in relation to an

artist, an artist working in the same artistic field; and

( i ) "specialized training" means

(

i) formal training at

an educational institution,

(ii) an apprenticeship, mentorship

or other direct training from another artist,

(iii) teachings within the practices of a persons

cultural traditions, or

(iv) self-directed learning through the study of

artistic works or techniques of other artists.

Section 3.1 of the Act is repealed and the

following substituted:

Artist

3 .1 A

person shall be considered to be an artist for the purpose of this Act where the

person

(

a) demonstrates an intention to develop the

person's arts practice for purposes other than personal enjoyment;

(

b) is

recognized as an artist by the person's peers;

(

c) demonstrates

a history of

(

i) presenting

the person's artistic works publicly,

(ii) publishing the person's artistic works, or

(iii) engaging in the person's artistic

practice in other public contexts; and

(

d) has specialized

training in the person's artistic field.

3. Paragraph 5(

b) of the Act is repealed and the

following substituted:

(

b) help

through grants and otherwise in the development of emerging and established artists

and arts organizations in the province; and

Section 6 of the Act is repealed and the

following substituted:

Membership

6 .

(1) The council shall consist of

(

a) not fewer than 9 and not more than 11 members

appointed by the

Lieutenant-Governor in Council in accordance with subsections (3) and (4); and

(

b) the assistant deputy minister responsible for

arts in the department or the assistant deputy minister's designate, who shall

be a non-voting member.

(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) Members appointed by t he

Lieutenant-Governor in

Council under paragraph (1)(

a) shall be resident in the province.

(4) Not fewer than 7 of

the members appointed under paragraph (1)(

a) shall be artists or arts

administrators.

(5) A member of the council may be appointed for a

term which shall not exceed 3 years and is eligible for reappointment but shall

not be a member for more than 2 consecutive terms.

(6) Notwithstanding

subsection (5), a member of the council shall continue to hold office until the

member is reappointed or replaced.

(7) A

member of the council shall not serve on a committee that makes decisions respecting

applications for funding.

(8) The

minister shall, by regulation, establish guidelines respecting conflict of

interest for members of the council relating to their

(

a) eligibility

to apply for funding from the council;

(

b) involvement in the

assessment of applications for funding; and

(

c) approval of

recommendations relating to the use or distribution of funding.

5. Subsection 7(2) of the Act is amended by

deleting the words " a scale

for expenses of public servants" and substituting the words "guidelines

established by the Lieutenant-Governor in Council".

6. Subsection 13(4) of the Act is amended by

deleting the number "1" and substituting the word "one".

Section 16 of the Act is repealed and the

following substituted:

Regulations

16 . The

minister shall make regulations establishing guidelines

for the purposes of subsection 6(8).

RSNL1990 cP-43 Amdt .

Schedule C of the Public Service Commission

Act is amended by deleting the statutory appointment reference " Arts Council Act ,

section 6" and substituting the statutory appointment reference " Arts Council Act , paragraph 6(1)(a)".

King's Printer