1975 Bill 22 (Second Session) First Session, 18th Legislature, 24 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 22 THE 'CULTURAL D·EVELOPMENT AMENDMENT ACT, 1975 HONOURABLE HORST A. SCHMID First Reading ............................. . Second Reading ................. . .......... . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 22 BILL 22 1975 (Second Session) THE 'CULTURAL DEVELOPMENT AMENDMENT ACT, 1975 (Assented to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

PART 1 1. The Cultural Development Act is amended by this Part.

Section 3 is amended by adding after clause (

f) the following clause: (

g) collect information and statistics and undertake or sponsor research and analysis of all matters relating to culture.

Section 4 is amended by adding after the words "there may be appointed" the words "a Deputy Minister to the Minister charged with the administration of this Act,".

Section 5 is struck out and the following

section is substituted therefor: 5.

(1) The Minister may make grants if (

a) he is authorized to do so by regulations under this section, and (

b) moneys are appropriated by the Legislature for that purpose or the grant is authorized to be paid pur­ suant to a special warrant.

(2) The Lieutenant Governor in Council may make regulations (

a) authorizing the Minister to make grants; (

b) prescribing the purposes for which grants may be made; (

c) governing applications for grants; (

d) prescribing the persons or organizations or classes of persons or organizations eligible for grants;

Explanatory Notes General. This Bill will centralize the prOVISIons relating to culture formerly contained in The Department of Culture, Youth and Recreation Act prior to the recent Government reorganization. I. This Bill will amend

chapter 82 of the Revised Statutes of Alberta 1970. 2. This clause, formerly contained in The Depafltment of Culture, Youth and Recreation Act, will be added to the powers of the Minister under this Act.

Section 4 presently reads: 4. In accordance with The Puhlic Service Act there may be appointed a Director of Cultural Development and such other employees as are required for the proper administration of this Act.

Section 5 is replaced by a new uniform grants section. Sec­ tion 5 presently reads: 5.

(1) In order to encourage or assist the orderly cultural development of Alberta or of any person or class of persons within Alberta, the Minister may, subject to the regulations, make grants or award scholarships from moneys appropriated for those purposes by the Legislature.

(2) The Lieutenant Governor in Council may make regulations (

a) describing the purposes for which grants or scholarships may be made pursuant to this section; (

b) specifying to whom and upon what conditions the grants or scholarships may be paid; (

c) limiting the maxImum amount payable as grants or scholarships; (

d) respecting any other matter necessary or advisable to carry out the intent and purpose of this section.

(e) (f) (

g) specifying the cDnditiDns required to. be met by any applicant fDr a grant to. render that person eligible fDr the grant; prescribing the cDnditiDns upon which a grant is made and requiring the repayment thereDf to. the Go.vernment if the cDnditiDns are nDt met; prDviding fDr the payment o.f any grant in a lump sum Dr by instalments and prescribing the time o.r times at which the grant Dr the instalments may be paid; (

h) limiting the amDunt Df any grant o.r class o.f grant that may be made; (

i) authDrizing the Minister to' delegate in writing to. any emp1Dyee Df the GDvernment any duty, pDwer o.r functiDn respecting the payment o.f any grant; (

j) requiring any person receiving a grant to. aCCDunt fDr the way in which the grant is spent in whDle Dr in part; (

k) authDrizing the Minister to. enter into an agreement with respect to. any matter relating to the payment o.f a grant.

(3) Any regulatiDn made under subsection (2) may be specific o.r general in its applicatio.n.

Section 6 is struck out and the following

section is substituted therefor,' 6.

(1) The Minister may establish such bo.ards, CDm­ mittees Dr cDuncils as he considers necessary o.r desirable to. act in an advisDry Dr administrative capacity in connectio.n with any o.f the pDlicies, prDgrams, services o.r o.ther matters under his administratio.n.

(2) The Minister may, with respect to. any bo.ard, CDm­ mittee Dr cDuncil established under this section, (

a) appDint o.r provide fDr the manner o.f appointment Df its members, (

b) prescribe the term o.f 'Office o.f any member, (

c) designate a chairman, vice-chairman and secretary, and (

d) authDrize, fix and prDvide fo.r the payment 'Of re­ munerati'On and expenses to. its members.

(3) A board, cDmmittee o.r co.uncil established pursuant to. this sectiDn may make by-laws, subject to the approval thereDf by the Minister, go.verning the calling o.f its meet­ ings and the cDnduct Df business at its. meetings. 2

Section 6 presently reads: 6. The Lieutenant Governor in Council, upon the recommendation of the Minister, may (

a) establish one or more boards, each consisting of three or more members. to advise the Minister on the oruerly cultural development of Alberta, and (

b) make regulations providing for the payment to the members of such boards of such allowances as are considered reasonable and of necessary travelling and other expenses incurred by them while absent from their ordinary places of residence on the business of such boards. 2

6. The following sections are added after

section 6: 7.

(1) The Minister may (

a) acquire by purchase or lease any supplies, material, equipment or any other things, and (

b) pay honoraria, fees, commissions, wages, rent or expenses, that are required for any activity conducted pursuant to

section 3 or for any other activity, program, operation or matter for which the Minister is responsible.

(2) The Provincial Treasurer shall advance from time to time from the General Revenue Fund such sums of money as the Minister may require for the purposes of sub­ section (1), but the aggregate amount of money advanced at anyone time shall not exceed $250,000.

(3) The Minister may sell, lease or otherwise dispose of anything acquired pursuant to subsection (1) at such price and upon such terms and conditions, if any, as he determines is appropriate. ( 4) The money received from (

a) any sale, lease or other disposition pursuant to subsection (3), or (

b) any activity conducted pursuant to

section 3, in- cluding registration and other fees, shall be paid to the Provincial Treasurer and credited in reduction of the amount of the advances made pursuant to subsection (2). 8.

(1) The Provincial Treasurer may (

a) upon the recomn1endation of the Minister, and (

b) in accordance with the regulations, guarantee on behalf of the Province the repayment of principal and interest or both of sums borrowed by a person for any activity or matter related to culture.

(2) The total amount of the liability of the Province as guarantor under this

section shall not at any time exceed $3,500,000.

(3) The Lieutenant Governor in Council may make regulations (

a) prescribing the procedure for the submission of applications for guarantees of loans under this section; (

b) prescribing the form and content of applications; (

c) prescribing the requirements to be met before an applicant may qualify for a guarantee; 3

fl. Seetion 7 is, based on 'section 7.1 Oif The Department of Culture, Youth and Recreation Act.

Section 8 provides for Govern­ ment guarantees in support of cultural activities. 3

(

d) prescribing the terms and conditions of a guaran­ tee; (

e) prescribing what constitutes an activity or matter related to culture for the purposes of this

section and the regulations; (

f) prescribing the conditions upon which loans may be guaranteed; (

g) prescribing the duties or obligations or both of a person on whose behalf a guarantee is made; (

h) prescribing the security to be given by a person in whose favour the guarantee is made; (

i) prescribing the type or classes of lending institu­ tions that are eligible to have repayment of loans guaranteed; (

j) prescribing the form in which a guarantee may be given; (

k) specifying the persons or classes of person eligible to apply for a guarantee under this

section and the regulations; (1) delegating to the Minister or an employee of the Government under his administration any power or function under the regulations. 4

PART 2 7. The Alberta Art Foundation Act is amended (

a) as to

section 1 by st,riking out clause (

c) and by substituting therefor the following clause: (c) "Minister" means the member of the Executive Council charged with the administration of this Act; and (

b) as to

section 7, subsection (1) by striking out the words "of his Department" and by substitut,ing therefor the words "of the Government of Alberta under his administration". 8. The Amusements Act is amended as to

Part 1 by striking out the title thereof and by substituting the fol­ lowing title therefor: AMUSEMENT LICENCES AND TAXES 9. The Glenbow-Alberta Institute Act is amended as to

section 20, sUbsection (2) by striking out the words "Min­ ister of Culture, Youth and Recreation" and by substituting therefor the words "the member of the Executive Council charged with the administration of this Act". 10. The Interprovincial Lottery Act is amended by striking out sect.ion 1 and by substituting therefor the fol­ lowing section: 1.. In this Act, "Minister" means the member of the Executive Council charged with the administration of this Act. 11. The Department of Culture, Youth and Recreation Act is repealed. 12. This Act comes into force on the day upon which it is assented toO, 5

't.

Chapter 14 otf the Statutes o~ Alberta, 1'9:72 will be amended. 8. This amendment will correct a typographical err'Or. 9. Consequential amendment to

chapter 315 'Of the -Statutes of Alb~rta, 1'96,6. 10. Cons'equential amendment to

chapter 3'7 of ,the Statutes of AlbeI'lta, 191'4. 11.

Chapter 23 of the Statutes of Alberta, 1'971 will be tepealeg. 5 Title: 1975 (18th, 1st) Bill 22, The Cultural Development Amendment Act, 1975