BILL 49

An Act to Amend the Beaverbrook Art Gallery Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The heading “Custodians” preceding section 5 of the Beaverbrook Art Gallery Act, chapter 119 of the Revised Statutes, 2011, is repealed.

2 Section 5 of the Act is repealed.

3 Section 6 of the Act is repealed and the following is substituted:

Board of Governors

6( 1) The affairs of the Gallery shall be managed by a Board of Governors.

6( 2) The Board of Governors shall consist of between 12 to 16 Governors appointed as follows:

(a)  not less than 9 and not more than 13 Governors shall be appointed by the Board of Governors;

(b)  the Lieutenant‑Governor in Council shall appoint

( i) one Governor nominated by the Premier of New Brunswick,

( ii) one Governor nominated by the Leader of the Opposition in the Legislative Assembly, and

( iii) one Governor who is an employee of the Department of Tourism, Heritage and Culture nominated by the Minister of Tourism, Heritage and Culture.

6( 3) In addition to the Governors appointed under subsection (2), the Board of Governors may appoint an Honorary Governor who shall be a non-voting member of the Board of Governors.

6( 4) The term of office of a Governor appointed under paragraph (2)(a) or subsection (3) shall be fixed by by-law.

6( 5) The term of office of a Governor appointed under paragraph (2)(b) shall be for no more than three years and he or she shall be eligible for reappointment.

6( 6) The Lieutenant-Governor in Council may remove a Governor appointed under paragraph (2)(b) from office for cause or for any other reason.

6( 7) A Governor may resign his or her office at any time.

6( 8) The members of the Board shall elect from among the voting Governors a Chair.

4 Paragraph 7(g) of the Act is amended

(a)  in subparagraph (vi) by striking out the period at the end of the subparagraph and substituting a semi-colon;

(b)  by adding after subparagraph (vi) the following:

( vii) the appointment, the renewal of the term, the suspension or the revocation of a Governor appointed under paragraph 6(2)(a) and subsection 6(3); and

( viii) the term of office of a Governor appointed under paragraph 6(2)(a) and subsection 6(3).

TRANSITIONAL PROVISIONS

Transitional provisions

5( 1) The Governors of the Board of Governors who held office immediately before the commencement of this subsection, other than a Custodian appointed under section 5 of the Beaverbrook Art Gallery Act, shall be deemed to have been appointed under subsection 6(2) of the Beaverbrook Art Gallery Act, as amended by section 3 of this amending Act, and shall continue to hold office until a date fixed by the Lieutenant-Governor in Council.

5( 2) Despite any provision of the Beaverbrook Art Gallery Act, on a date fixed by the Lieutenant-Governor in Council,

(a)  the Governors of the Board of Governors referred to in subsection (1) shall appoint under paragraph 6(2)(a) of the Beaverbrook Art Gallery Act, as amended by section 3 of this amending Act, not less than 9 and not more than 13 Governors to the Board of Governors, and

(b)  the Lieutenant-Governor in Council shall appoint under paragraph 6(2)(b) of the Beaverbrook Art Gallery Act, as amended by section 3 of this amending Act, three members to the Board of Governors.