Libraries Act

LIBRARIES ACT Chapter L‑11 Table of Contents 1 Definitions Part 1 Municipal and Intermunicipal Library Boards Division 1 Municipal Library Boards 2 Application 3 Establishment and name 4 Members 5 Budget 6 Financial records 7 Library building and equipment 8 Dissolution Division 2 Intermunicipal Library Boards 9 Application 10 Establishment 11 Joining and withdrawing from intermunicipal agreements 12 Members 12.1 Budget 12.2 Financial records Division 3 General 12.3 Validity of proceedings 12.4 Board duties 12.5 Dissolution, amalgamation or annexation of municipality Part 2 Library Systems 13 Library system 14 Library system board 15 Joining an existing library system 16 Appointment 17 System board duties 18 Budget 19 Restriction of authority 21 Annual grants 22 Withdrawal from library system agreements 23 Dissolution of a library system board 24 Borrowing for library system boards Part 5 General 31 Board member disqualification 32 Chair of board 33 Meetings 34 Record of meetings 36 Safety and use of library facilities 37 Bylaw transmission 38 Bylaw invalidated 39 Inspection 40 Regulations 40.1 Guidelines 41 Offence 42 Disposition of fines HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “basic information service” means basic information service as defined in the regulations for the purposes of this Act; (b) “board” means a municipal library board, intermunicipal library board or library system board; (c), (d) repealed 2024 c7 s7; (e) “council” means (i) in the case of a city, town, municipal district, village, summer village or specialized municipality, the council; (ii) in the case of a school authority, the board of trustees of school divisions under the Education Act , (iii) in the case of a Metis settlement, the settlement council, (iv) in the case of an improvement district, the Minister responsible for the Municipal Government Act , or (v) in the case of a special area, the Minister responsible for the Special Areas Act ; (e.1) “intermunicipal agreement” means an agreement described in section 10; (f) repealed 2024 c7 s7; (f.1) “intermunicipal library board” means an intermunicipal library board established or continued under Part 1, Division 2; (g) “library system” means a library system established, or a regional library continued, as a library system under Part 2; (h) “library system board” means a library system board established or continued under Part 2; (i) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (j) repealed 2024 c7 s7; (k) “municipal library” means a library that provides public library services under the control and management of a municipal library board or an intermunicipal library board; (k.1) “municipal library board” means a municipal library board established or continued under Part 1, Division 1; (l) “municipality” means municipality as defined in the Municipal Government Act ; (m) “public library” means a municipal library or library system; (n) repealed 2024 c7 s7; (o) “school authority” means a school division. RSA 2000 cL‑11 s1;2006 c5 s2;2012 cE‑0.3 s275;2024 c7 s7 Part 1 Municipal and Intermunicipal Library Boards Division 1 Municipal Library Boards Application 2 This Division applies to every municipal library board maintained in whole or in part by property taxes and (a) established under this Division, or (b) established or continued under section 3 as it read before the coming into force of this Division. RSA 2000 cL-11 s2;2006 c5 s3;2024 c7 s7 Establishment and name 3 (1) The council of a municipality may, by bylaw, establish a municipal library board. (2) The council shall forward a copy of a bylaw made under subsection (1) to the Minister. (3) On being established, the municipal library board is a corporation and shall be known as the “(Name of municipality) Library Board”. (4) A municipal library board established under this Act prior to the coming into force of this section is continued with the name “(Name of municipality) Library Board”. RSA 2000 cL-11 s3;2006 c5 s4;2024 c7 s7 Members 4 (1) A municipal library board shall consist of not fewer than 5 and not more than 10 members appointed by the council of the municipality. (2) A person who is an employee of a municipal library board is not eligible to be a member of that board. (3) Not more than 2 members of the council of the municipality may be members of the municipal library board at the same time. (4) A member of a municipal library board is eligible to be reappointed for only 2 additional consecutive terms of office, unless at least 2/3 of the whole council of the municipality passes a resolution stating that the member may be appointed as a member for more than 3 consecutive terms. (5) Appointments to a municipal library board shall be for a term of up to 3 years. (6) Notwithstanding subsection (5), the term of office of a member continues until a successor is appointed or the member is reappointed in accordance with subsection (4). (7) Any vacancy on a municipal library board that reduces or will reduce the number of members of the board to a number less than 5 shall be filled by the council of the municipality as soon as reasonably possible. RSA 2000 cL-11 s4;2024 c7 s7 Budget 5 (1) Each year a municipal library board shall prepare a budget and an estimate of the money required during the next fiscal year to provide library services to the public. (2) The budget and estimate shall be submitted to the council of the municipality by the date specified by the council. (3) The council of the municipality may approve the estimate under subsection (1) in whole or in part. RSA 2000 cL-11 s8;2006 c5 s5;2024 c7 s7 Financial records 6 A municipal library board shall (a) create and maintain complete and accurate financial records of the board’s operations, (b) have a person who is not a member of the board and whose qualifications are satisfactory to the council of the municipality review the financial records each calendar year and prepare a financial report in a form satisfactory to the council, and (c) submit the financial report to the council of the municipality immediately after the report is completed. RSA 2000 cL-11 s9;2006 c5 s6;2024 c7 s7 Library building and equipment 7 (1) When money is required for the purpose of acquiring real property for the purposes of a building to be used for the provision of public library services or for erecting, repairing, furnishing or equipping a building to be used for the provision of public library services, the council of the municipality may, at the request of the municipal library board, take all necessary steps to furnish the money requested or the portion of it that the council considers expedient. (2) Money approved by the council under subsection (1) may be borrowed by the council under the authority of a bylaw and on the security of debentures. (3) The provisions of the Municipal Government Act or the Education Act , as the case may be, governing (a) the passing of bylaws for borrowing money, (b) the issue and form of debentures, and (c) the assessment, levy and collection of money necessary to meet the indebtedness incurred by the issue of debentures apply to the borrowing of money under subsection (2). RSA 2000 cL-11 s10;2012 cE-0.3 s275;2024 c7 s7 Dissolution 8 (1) If a municipal library board fails to provide library services in accordance with the regulations for a period of 2 years, the council of the municipality may make an ex parte application to the Court of King’s Bench for an order declaring the municipal library board dissolved. (2) An order dissolving a municipal library board vests in the municipality all the property of the municipal library board, and the council through its proper officers may take possession of the vested property and dispose of it in any manner the council considers advisable. RSA 2000 cL-11 s12;AR 217/2022;2024 c7 s7 Division 2 Intermunicipal Library Boards Application 9 This Division applies to every intermunicipal library board maintained in whole or in part by property taxes and (a) established under this Division, or (b) continued under this Division. 2024 c7 s7 Establishment 10 (1) The council of a municipality may, by bylaw, authorize the municipality to enter into an agreement that meets the requirements of the regulations with up to 3 other municipalities respecting the establishment of an intermunicipal library board to provide library services to the residents of the municipalities. (2) Notwithstanding subsection (1), the number of municipalities with which a municipality may enter into an agreement may exceed 3 where each of the municipalities is located within the existing boundaries of the same municipal district. (3) The council of each municipality that is a party to the agreement shall forward a copy of the bylaw passed by that council and the agreement described in subsection (1) to the Minister. (4) On receipt of the bylaws and the agreement under subsection (3), the Minister may, by order, establish an intermunicipal library board. (5) An intermunicipal library board established under subsection (4) is a corporation with the name set out in the ministerial order. (6) An intermunicipal library board established under this Act before the coming into force of this section is continued as an intermunicipal library board under this Division. 2006 c5 s9;2024 c7 s7 Joining and withdrawing from intermunicipal agreements 11 (1) After an intermunicipal library board has been established under section 10, the council of a municipality may, by bylaw, subject to the regulations and the terms of the intermunicipal agreement in respect of that board, authorize the municipality to be (a) added as a party to the intermunicipal agreement if the agreement is between (i) no more than 3 municipalities, or (ii) any number of municipalities located within the existing boundaries of the same municipal district as the municipality, or (b) removed as a party to the intermunicipal agreement. (2) If the Minister is satisfied that the council of a municipality has met the requirements of the regulations and the agreement, the Minister may, by order, add or remove the municipality as a party to the intermunicipal agreement. RSA 2000 cL-11 s35;2006 c5 s12;2024 c7 s7 Members 12 (1) An intermunicipal library board consists of the members appointed to the board by the council of each municipality that is a party to the intermunicipal agreement respecting that board in accordance with the intermunicipal agreement. (2) A person who is an employee of an intermunicipal library board is not eligible to be a member of that board. (3) A member of the intermunicipal library board is eligible to be reappointed for only 2 additional consecutive terms of office, unless at least 2/3 of the whole council that appointed the member passes a resolution stating that the member may be appointed as a member for more than 3 consecutive terms. (4) Appointments to an intermunicipal library board shall be for a term of up to 3 years. (5) Notwithstanding subsection (4), the term of office of a member continues until a successor is appointed or the member is reappointed in accordance with subsection (3). (6) Any vacancy on an intermunicipal library board that reduces or will reduce the number of members of the board to a number less than 7 shall be filled in accordance with the intermunicipal agreement as soon as reasonably possible. 2006 c5 s9;2024 c7 s7 Budget 12.1 Each year an intermunicipal library board shall, before the date specified in the intermunicipal agreement respecting that board, submit to each municipality that is a party to the agreement a budget and an estimate of the money required during the next fiscal year to provide library services to the public, including the amounts to be paid by each municipality in accordance with the agreement. 2006 c5 s9;2024 c7 s7 Financial records 12.2 An intermunicipal library board shall (a) create and maintain complete and accurate financial records of the board’s operations, (b) have a person who is not a member of the intermunicipal library board and whose qualifications are approved in accordance with the intermunicipal agreement review the financial records each calendar year and prepare a financial report in the form required by the intermunicipal agreement, and (c) submit the financial report to the council of each municipality that is a party to the intermunicipal agreement immediately after the report is completed. 2006 c5 s9;2024 c7 s7 Division 3 General Validity of proceedings 12.3 No resolution, bylaw, proceeding or action of any kind of a municipal library board or intermunicipal library board may be held invalid or set aside for the reason that any person whose election to council has been judged invalid acted as a member of the board. 2006 c5 s9;2024 c7 s7 Board duties 12.4 A municipal library board or an intermunicipal library board, subject to any enactment that limits its authority, has full management and control of the municipal library established by the board and shall, in accordance with the regulations, organize, promote and maintain comprehensive and efficient library services in the municipality or municipalities it serves and may cooperate with other boards and libraries in the provision of those services. 2006 c5 s9;2024 c7 s7 Dissolution, amalgamation or annexation of municipality 12.5 (1) If the Lieutenant Governor in Council makes an order under the Municipal Government Act dissolving a municipality, that order is deemed to dissolve any municipal library board established by that municipality and to pass to the municipality, immediately prior to the dissolution of the municipality, all the rights, assets and liabilities of the municipal library board. (2) If the Lieutenant Governor in Council makes an order under the Municipal Government Act dissolving a municipality that is a party to an intermunicipal agreement respecting an intermunicipal library board, that order is deemed to remove the municipality from the agreement and, where no agreement regarding the rights, assets and liabilities of the board can be reached among the municipalities remaining party to the intermunicipal agreement, the Lieutenant Governor in Council may make any order the Lieutenant Governor in Council considers appropriate in respect of the disposition of the rights, assets and liabilities of the board. (3) When under subsection (2) a municipality is removed from an intermunicipal agreement respecting an intermunicipal library board that is between no more than 2 municipalities, the Lieutenant Governor in Council may, by order, dissolve the board and may make any order the Lieutenant Governor in Council considers appropriate in respect of the disposition of the rights, assets and liabilities of the board. (4) When an amalgamation of municipal authorities has been initiated under Part 4 of the Municipal Government Act and no agreement can be reached among those municipal authorities regarding the rights, assets and liabilities of a municipal library board or an intermunicipal library board, the Lieutenant Governor in Council may, by order, dissolve the municipal library board or intermunicipal library board and may make any order the Lieutenant Governor in Council considers appropriate in respect of the disposition of the rights, assets and liabilities of the municipal library board or intermunicipal library board. (5) When an annexation of land from one municipal authority to another municipal authority has been initiated under Part 4 of the Municipal Government Act and no agreement can be reached between the municipal authorities regarding the rights, assets and liabilities of (a) a municipal library board established by the municipal authority from which the land is to be annexed, or (b) an intermunicipal library board that is the subject of an intermunicipal agreement to which the municipal authority from which the land is to be annexed is a party, the Lieutenant Governor in Council may, by order, dissolve the municipal library board or intermunicipal library board and may make any order the Lieutenant Governor in Council considers appropriate in respect of the disposition of the rights, assets and liabilities of the municipal library board or intermunicipal library board. 2006 c5 s7;2024 c7 s7 Part 2 Library Systems Library system 13 Subject to this Act and the regulations, a municipality, improvement district, special area, Metis settlement or school authority, (a) on entering into and becoming a party to an agreement that contains provisions on terms required by regulations, with one or more municipalities, improvement districts, special areas, Metis settlements or school authorities, and (b) on complying with the regulations, may request the Minister to establish a library system. 1983 cL‑12.1 s19;1998 c19 s7 Library system board 14 (1) On receipt of a request referred to in section 13, the Minister may (a) establish a library system board, and (b) prescribe the boundaries of the library system, and when the Minister does so the parties to the agreement described in section 13 become members of the library system. (2) On being established, the library system board is a corporation and shall be known as the “(Name of region) Library Board”. (2.1) A library system board established or continued under this section prior to the coming into force of this subsection is continued with the name “(Name of region) Library Board”. (3) Repealed 2024 c7 s7. (4) The agreements referred to in section 13 that have been entered into under the Libraries Act , RSA 1980 cL‑12, are continued under this Act, as modified by this Act. RSA 2000 cL-11 s14;2024 c7 s7 Joining an existing library system 15 A municipality, improvement district, special area, Metis settlement or school authority may, in accordance with the regulations, become a member of a library system by complying with the terms of the agreement referred to in section 13, becoming a party to the agreement and receiving the approval of the Minister. 1983 cL‑12.1 s21;1998 c19 s8 Appointment 16 A library system board consists of (a) one member for each municipality, Metis settlement and school authority that is a member of the library system who is appointed by the council of the municipality, Metis settlement or school authority, (b) one member for each improvement district that is a member of the library system, who is appointed by the Minister responsible for the Municipal Government Act , (c) one member for each special area that is a member of the library system, who is appointed by the Minister responsible for the Special Areas Act , and (d) any additional members appointed in accordance with the regulations. RSA 2000 cL-11 s16;2024 c7 s7 System board duties 17 The library system board, subject to any enactment that limits its authority and the agreement described in section 13, has full management and control of the library system and shall, in accordance with the regulations and in cooperation with other boards, organize, promote and maintain comprehensive and efficient library services and may (a) borrow from time to time for the purpose of defraying its operating expenses an amount not exceeding 50% of the amount expended by it during its immediately preceding fiscal year; (b) fix fees for the use of library services by residents of a municipality within the boundaries of the library system that does not receive library services from the library system board. RSA 2000 cL-11 s17;2024 c7 s7 Budget 18 (1) The library system board shall, on or before a date specified by each municipality, improvement district, special area and school authority that is a party to the agreement described in section 13, submit to each of them a budget and an estimate of the money required during the ensuing fiscal year to operate and manage the library system, including the amounts to be paid by each of them. (2) Budget approval and compliance with the amounts to be paid by each party to the agreement described in section 13 shall be in accordance with the terms of that agreement. 1983 cL‑12.1 s24 Restriction of authority 19 Notwithstanding this Part, if a municipal library has been established in a municipality and is receiving library services from the library system board, the authority of the library system board and the municipal library board or intermunicipal library board is limited by the terms of any agreement described in section 10 or 13. RSA 2000 cL‑11 s19;2006 c5 s10;2024 c7 s7 20 Repealed 2024 c7 s7. Annual grants 21 (1) If an improvement district or a special area is a party to an agreement described in section 13, (a) the Minister responsible for the Municipal Government Act , in the case of an improvement district, or (b) the Minister responsible for the Special Areas Act , in the case of a special area, may, in addition to all other rates and assessments assessed and levied for the purposes of an improvement district or special area, assess and levy from year to year a special annual rate on the assessed value of all property liable to taxation in the improvement district or special area for the purposes of the library system board and shall, on behalf of the improvement district or special area, make an annual grant, from the money derived from the special annual rate, to the library system board with respect to its budget under section 18. (2) If a school authority is a party to an agreement described in section 13, the school authority may make an annual grant to the library system board with respect to its budget under section 18. 1983 cL‑12.1 s27 Withdrawal from the library system agreements 22 At any time after the expiration of 3 years from the date that the party entered into the agreement, a party to an agreement described in section 13 may, by giving 12 months’ notice, withdraw from the agreement. 1983 cL‑12.1 s28 Dissolution of a library system board 23 (1) If a library system board fails to provide library services in accordance with the regulations for 2 years, the majority of the parties to the agreement described in section 13 may join in making an application to the Court of King’s Bench for an order declaring the library system board dissolved. (2) The Court, in the order dissolving the board, shall vest the property of the library system board in the Minister or in the councils of the parties to the agreement described in section 13 severally or in common as it considers just, or make any other disposition of the property that it considers just in the circumstances and the Minister and the councils may then take possession of the property and dispose of it as considered advisable by them, in accordance with any terms or conditions in the order. RSA 2000 cL-11 s23;AR 217/2022 Borrowing for library system boards 24 A municipality or a school authority that is a party to an agreement described in section 13 may, with the approval of the Minister, borrow money to acquire real property for the purposes of a building to be used as the headquarters of a library system or for erecting, repairing, furnishing and equipping a building to be used as the headquarters of a library system, and section 7(2) and (3) apply to the borrowing of the money. RSA 2000 cL-11 s24;2024 c7 s7 Parts 3 and 4 Repealed 2024 c7 s7. Part 5 General Board member disqualification 31 (1) A person is disqualified from remaining a member of a board if the person fails to attend, without being authorized by a resolution of the board to do so, 3 consecutive regular meetings of the board. (2) If a member of a board is disqualified from remaining a member under subsection (1), the person is deemed to have resigned the person’s seat on the board. 1983 cL‑12.1 s35 Chair of board 32 A board shall elect a chair and any other officers it considers necessary from among its members. 1983 cL‑12.1 s36 Meetings 33 (1) A board shall meet at least once every 4 months and at any other times it considers necessary. (2) If the regulations require a library system board to have an executive, that executive must meet at least once every 3 months and at any other times it considers necessary. 1983 cL‑12.1 s37;1998 c19 s13 Record of meetings 34 (1) All minutes, resolutions and bylaws of a board shall be signed by the chair or a person acting for the chair. (2) Minutes, resolutions and bylaws signed under subsection (1) shall be admitted in evidence as proof, in the absence of evidence to the contrary, of their contents without proof of the signature or official character of the person appearing to have signed them. (3) A board shall store all minutes, resolutions and bylaws of the board in a secure physical or electronic location. RSA 2000 cL-11 s34;2024 c7 s7 35 Repealed 2024 c7 s7. Safety and use of library facilities 36 (1) A board may pass bylaws for the safety and use of the library, including (a) the terms and conditions under which (i) the public may be admitted to the building, (ii) public library property may be used or borrowed by members of the public, and (iii) borrowing privileges may be suspended or forfeited; (b) notwithstanding subsection (3), fees to be paid by members of the public for (i) the issuance of library borrowing cards, (ii) the use of those parts of the building not used for the purposes of the public library, (iii) photocopying and printing services, (iv) receiving information in a printed, electronic, magnetic or other format, and (v) receiving, on request, a library service not normally provided by a public library; (c) penalties to be paid by members of the public for abuse of borrowing privileges. (2) The Regulations Act does not apply to bylaws passed under subsection (1). (3) A bylaw or part of a bylaw that requires a member of the public to pay a fee or charge for any of the following is invalid: (a) admittance to any portion of a building used for public library purposes; (b) using library resources on library premises; (c) borrowing library resources, in any format, normally lent by the library; (d) acquiring library resources through inter‑library loan; (e) consultation with members of the library staff; (f) receiving basic information service. RSA 2000 cL-11 s36;2024 c7 s7 Bylaw transmission 37 (1) A municipal library board, on passing a bylaw under section 36, shall forthwith forward a copy of the bylaw to the council of the municipality. (2) An intermunicipal library board, on passing a bylaw under section 36, shall forthwith forward a copy of the bylaw to the council of each municipality that is a party to the intermunicipal agreement respecting that board. RSA 2000 cL‑11 s37;2006 c5 s13 Bylaw invalidated 38 The council of a municipality may disallow a bylaw passed by a municipal library board it has appointed. RSA 2000 cL-11 s38;2024 c7 s7 Inspection 39 (1) In this section, “library service point” means a facility that provides public library services under the control and management of a board. (2) The Minister may appoint a person as an inspector to conduct an inspection for the following purposes: (a) to inspect any matter relating to the management, administration or operation of a public library; (b) to determine if a board is complying with this Act and the regulations. (3) An inspector may, in the course of an inspection, (a) inspect the public library property that may be accessed, used or borrowed by members of the public at a library service point, (b) inspect the provision of public library services at a library service point, (c) examine and make copies of the records of a board that are relevant to the purpose of the inspection, and (d) require an employee of a board to (i) give a written or oral reply to a question that is relevant to the purpose of the inspection, or (ii) provide any other information requested by the inspector that is relevant to the purpose of the inspection. (4) An inspection must be conducted during regular business hours. (5) An inspector shall, while conducting an inspection, carry identification in the prescribed form and present it on request. (6) After completing an inspection, the inspector shall make a report to the Minister and provide a copy of the report to the board. (7) On receiving the inspector’s report, the Minister may make any order that the Minister considers appropriate. RSA 2000 cL-11 s39;2024 c7 s7;2026 c10 s2 Regulations 40 The Minister may make regulations (a) respecting the establishment, maintenance, operation and management of public libraries; (b) respecting the acquisition, provision, management, maintenance and disposition of library materials and facilities by public libraries; (b.1) respecting the access to and the use and borrowing of public library property by members of the public, including regulations restricting access, use and borrowing based on age; (c) respecting the planning for, and provision and management of, library services; (d) governing the filing, by boards, of returns and reports, and their contents; (e) respecting the inspection of public libraries; (f) prescribing the form of identification for persons authorized to inspect public libraries; (g) providing for the making of any surveys by boards that the Minister considers necessary or advisable for the purpose of obtaining information to assist in the formulation of policies respecting matters to which this Act relates; (g.1) governing the matters required to be dealt with in agreements described in section 10; (h) prescribing conditions to be complied with by any municipality, Metis settlement or school authority prior to its association with a library system; (i) governing the matters required to be dealt with in agreements described in section 13 and the requirements and procedure to establish or expand a library system; (j) respecting the disposition and transfer of library assets by municipal library boards desirous of disposing of them to library system boards on entering into agreements described in section 13; (j.1) respecting the dissolution of intermunicipal library boards; (k) subject to section 16, governing appointments to library system boards and the terms of office of their members; (l) repealed 2024 c7 s7; (m) defining basic information service for the purposes of this Act. RSA 2000 cL‑11 s40;2006 c5 s14;2024 c7 s7;2026 c10 s2 Guidelines 40.1 (1) The Minister may issue guidelines respecting the interpretation or application of a regulation made under section 40(b.1). (2) The Minister shall make guidelines issued under subsection (1) publicly available in a manner the Minister considers appropriate. 2026 c10 s2 Offence 41 (1) Any person who wilfully contravenes any bylaw under section 36 is guilty of an offence. (2) A person who wilfully retains any book, record, film or other library property from any public library established and conducted under the authority of this Act is guilty of an offence. (3) A person who obstructs an inspector in the performance of the inspector’s duties under section 39 is guilty of an offence. RSA 2000 cL-11 s41;2026 c10 s2 Disposition of fines 42 (1) Any fine or penalty imposed pursuant to an offence under section 41(1) inures to the benefit of the board whose bylaw was contravened. (2) Any fine or penalty imposed pursuant to an offence under section 41(2) inures to the board having the management or control of the property in respect of which the offence was committed. 1983 cL‑12.1 s46