Bill 16 — Fourth Session, 18Th Legislature, 27 Elizabeth Ii the Legislative Assembly of Alberta Bill 16 the Cultural Development Amendment Act, 1978 Mrs. Chichak (Legislature 18, Session 4)

L18 S4 4326

Alberta — Bills

1978 BILL 16 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 16 THE CULTURAL DEVELOPMENT AMENDMENT ACT, 1978 MRS. CHICHAK First Reading .. ; ......................................... . Second Reading.·: ........................................ . Committee of the Whole ....................... -.......... . Third'Reading ... ~ .................... ; ............ ; .... : . Royal Assent ............................................ . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 16 Mrs. Chichak BILL 16 1978 THE CULTURAL DEVELOPMENT AMENDMENT ACT, 1918 (Assented to ,1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Cultural Development Act is amended by this Act. 2 The/ollowing heading is added after

section 2:

PART 1 GENERAL 3 The /0 110 wing is added after

section 3.1: 3.11

(1) The Minister may acquire for purposes of this Act any work of art by purchase, gift, bequest, loan or otherwise.

(2) The acceptance by the Minister of a work of art by gift, bequest, loan or otherwise than by purchase is subject to any conditions prescribed by the instrument under which the work of art is acquired.

(3) The Minister may sell, lease, exchange or otherwise dispose of any work of art acquired under this section, subject to any conditions upon which he acquired it. 4

Section 3.2 is amended by striking out "section 3,

section 3.1 and

section 7, subsection (4)" and substituting "section 3,3.1, 3.11 or 7 ( 4) " . 5 The/ollowing is added after

section 4:

Explanatory Notes 1 This Bill will amend

chapter 82 of the Revised Statutes of Alberta 1970. 2 Sections 3 to 8 become

Part 1 of the Act. 3 Acquisitions of works of art. 4

Section 3.2 presently reads: 3.2 The Minister may delegate any of his powers or responsibilities under

section 3,

section 3.1 and

section 7, subsection (4) to any employee of the Government or to a board, committee or council established under

section 6. 5 Service of experts. 1

4.1

(1) The Minister may from time to time engage the services of persons having special knowledge to advise and assist him or to inquire into and report to him on matters under the Minister's administration.

(2) A person whose services are engaged under this

section may be paid such remuneration and expenses as the Minis ter may prescribe. 6 The/allowing is added a/tersection 8:

PART 2 FOUNDATIONS 9 In this Part "foundation" means a foundation incorpor ated by this Part. 10(1) There is hereby created (

a) a corporation with the name "The Alberta Cultural Heritage Foundation" consisting of those members appointed under

section 11, and (

b) a corporation with the name "The Alberta Founda tion for the Performing Arts" consisting of those members appointed under

section 11.

(2) The objects of The Alberta Cultural Heritage Founda tion are (

a) to preserve the cultural wealth of our past including the language, art, music and rites of ethno-cultural groups in Alberta; (

b) to support and contribute to the development of an understanding of the ethno-cultural background of Alberta; (

c) to provide persons and organizations the opportuni ty to participate in the preservation and promotion of the culture of Alberta.

(3) The objects of The Alberta Foundation for the Per forming Arts are (

a) to promote the performing arts in Alberta; (

b) to provide persons and organizations the opportu nity to participate in the performing arts; 2

6 Establishment and operation of foundations. 2

(

c) to support and contribute to the development of the performing arts. (4) A foundation is an agent of the Crown in right of Alberta. 11

(1) A foundation shall consist of such number of members as may be appointed by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council shall designate one of the members of a foundation as chairman of the foundation.

(3) The Lieutenant Governor in Council may (

a) in making an appointment under this section, pre scribe the term of office of the member so appointed, and (

b) in designating a member as chairman of a founda tion, prescribe his term of office as chairman.

(4) A majority of the members of a foundation constitutes a quorum at a meeting of the foundation.

(5) The Minister may appoint a person to be the secretary of a foundation who may be an employee of the Govern ment under the Minister's administration or any other person.

(6) The Minister may prescribe the rate of remuneration and the subsistence and travelling expenses to be paid to the members of a foundation and to the secretary of a founda tion where the secretary is not an employee of the Government. 12 A foundation may, with the approval of the Minister, make by-laws (

a) governing the administration of the foundation and its funds; (

b) establishing such honourary offices as it considers desirable and governing the appointment of persons thereto; (

c) governing the management of the property of the foundation; (

d) relating to any other matter necessary for carrying out the objects of the foundation. 3

13 In addition to the powers it has under

section 14 of The

Interpretation Act, a foundation, in furtherance of its objects, may (

a) acquire real or personal property, whether by pur chase, gift, lease, devise, bequest or otherwise; (

b) hold, preserve, maintain, renovate, restore and manage the real and personal property of the foundation; (

c) enter into agreements with any person respecting any matter pertaining to the objects of the foundation; (

d) engage the services of such persons as are consid ered necessary for the operations of the foundation; (

e) make grants to any person or organization carrying on activities that are within the objects of the foundation; (

f) dispose of any real or personal property by sale, lease or any other manner and to execute such deeds or other instruments as may be required to effect such disposition; (

g) establish and maintain such banking arrangements as are necessary; (

h) publish, produce and distribute books, pamphlets, films or any other productions which relate to the objects of the foundation; (

i) from time to time borrow money from any person and give security for the repayment of moneys so borrowed;

G) conduct fund raising campaigns or otherwise raise funds in order to carry out the objects of the foundation. 14 The Minister may give directions to a foundation for the purpose (

a) of providing priorities and guidelines for it to fol low in the exercise of its powers, and (

b) of co-ordinating the work of the foundation with the programs, policies and work of the Government and of public and private institutions, in order to avoid duplication of effort and expense. 4

15 The Minister may provide to a foundation the services of employees of the Government under his administration, to carry out secretarial, clerical and accounting duties and other work required by the foundation. 16 A foundation may disburse, expend, or otherwise deal with any portion of its funds for the purposes of any of the objects of the foundation and to defray any expenses in connection therewith. 17 The Auditor General is the auditor of a foundation. 18(1) The fiscal year of a foundation is the period from April 1 to the next succeeding March 31.

(2) A foundation shall, as soon as possible after the end of each fiscal year, present to the Minister a report of its operations for that fiscal year and the Minister shall lay a copy of the report before the Legislative Assembly, if it is then sitting, and if not, within 15 days after the com mencement of the next ensuing sitting.

(3) The report of a foundation for a fiscal year shall consist of (

a) audited financial statements for the fiscal year including statements showing the financial position, prepared in accordance with accounting policies approved by the Provincial Treasurer, and (

b) such other information as the Minister may require. 19 Upon the recommendation of the Minister, the Lieu tenant Governor in Council may from time to time and upon such conditions as the Lieutenant Governor in Coun cil considers proper, authorize the Provincial Treasurer to guarantee on behalf of the Government the payment of all or any part of any (

a) sum borrowed by a foundation for the purpose of carrying out its objects, or (

b) interest owing on that sum, or both. 7 This Act comes into force on the day upon which it is assented to. 5 Title: 1978 (18th, 4th) Bill 16, The Cultural Development Amendment Act, 1978

Document details

Collection	Alberta — Bills
Citation	L18 S4 4326
Type	bill
Volume / chapter	L18 S4 4326
Language	en
Format	json
Source	PROVINCIAL
Identifier	a23f4fa1224e14b696f0e7267d7b1e5fe3df56be

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