Museums Act

An Act respecting museums Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Museums Act. Definitions In this Act, Board, with respect to a museum, means the Board of Trustees of that museum; (conseil) Minister, with respect to a museum, means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister responsible for that museum for the purposes of this Act; (ministre) museum means a corporation established by Part I; (musée) museum material means objects and documentary material, regardless of medium or form, of a type normally kept by a museum for reference or exhibition purposes. (matériel de musée) Declaration It is hereby declared that the heritage of Canada and all its peoples is an important part of the world heritage and must be preserved for present and future generations and that each museum established by this Act plays an essential role, individually and together with other museums and like institutions, in preserving and promoting the heritage of Canada and all its peoples throughout Canada and abroad and in contributing to the collective memory and sense of identity of all Canadians; and is a source of inspiration, research, learning and entertainment that belongs to all Canadians and provides, in both official languages, a service that is essential to Canadian culture and available to all. Establishment There is hereby established a corporation, to be called the National Gallery of Canada. Affiliated museums The National Gallery of Canada shall include the Canadian Museum of Contemporary Photography and such other affiliated museums as the Board of the National Gallery of Canada may, by by-law, establish with the approval of the Governor in Council. Purposes The purposes of the National Gallery of Canada are to develop, maintain and make known, throughout Canada and internationally, a collection of works of art, both historic and contemporary, with special but not exclusive reference to Canada, and to further knowledge, understanding and enjoyment of art in general among all Canadians. Capacity and powers In furtherance of its purposes, the National Gallery of Canada has the capacity and, subject to this Act, the rights, powers and privileges of a natural person and in particular, but without limiting the generality of the foregoing, the National Gallery of Canada may collect works of art and other museum material; document, record, preserve, conserve and restore works of art and other museum material; sell, exchange, give away, destroy or otherwise dispose of works of art and other museum material in its collection and use any revenue obtained therefrom to further its collection; lend or borrow works of art and other museum material on long-term or short-term loan; organize, sponsor, arrange for and participate in travelling exhibitions, in Canada and internationally, of works of art and other museum material in its collection and from other sources; undertake and sponsor any research, including fundamental or basic research and theoretical and applied research, related to its purposes and to museology, and communicate the results of that research; provide facilities to permit qualified individuals to use and study its collection; promote knowledge of and disseminate information about works of art and other museum material in its collection and art in general, throughout Canada and internationally, by such means of education and communication as are appropriate; establish and foster liaison with other organizations with purposes similar to its purposes; share the expertise of its staff by undertaking and sponsoring programs for training and apprenticeship in the professional and technical skills involved in the operation of other organizations with purposes similar to its purposes; provide and arrange for professional and technical services to other organizations with purposes similar to its purposes; acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property; develop, operate and maintain branches or exhibition centres; operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public; lease or otherwise make available any of its facilities to other persons; and charge for goods, services and admission and use the revenue obtained therefrom for its own purposes. Restriction The National Gallery of Canada may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held. There is established a corporation to be called the Canadian Museum of History. The Canadian Museum of History shall include the Canadian War Museum and any other affiliated museums that the Board of the Canadian Museum of History may, by by-law, establish with the Governor in Council’s approval. Purpose The purpose of the Canadian Museum of History is to enhance Canadians’ knowledge, understanding and appreciation of events, experiences, people and objects that reflect and have shaped Canada’s history and identity, and also to enhance their awareness of world history and cultures. In furtherance of its purpose, the Canadian Museum of History has, subject to this Act, the capacity of a natural person and, elsewhere than in Quebec, the rights, powers and privileges of a natural person. In particular, the Canadian Museum of History may collect objects of historical or cultural interest and other museum material; maintain its collection by preservation, conservation or restoration or the establishment of records or documentation; sell, exchange, give away, destroy or otherwise dispose of museum material in its collection and use any revenue obtained from that disposal to further its collection; lend or borrow museum material on long- or short-term loan; organize, sponsor, arrange for or participate in travelling exhibitions, in Canada and internationally, of museum material in its collection and from other sources; undertake or sponsor any research related to its purpose or to museology, and communicate the results of that research; provide facilities to permit qualified individuals to use or study its collection; promote knowledge and disseminate information related to its purpose, throughout Canada and internationally, by any appropriate means of education and communication; establish and foster liaison with other organizations that have a purpose similar to its own; share the expertise of its staff by undertaking or sponsoring training and apprenticeship programs that relate to its purpose; provide or arrange for professional and technical services to other organizations that have a purpose similar to its own; acquire property by gift, bequest or otherwise, hold that property in trust or otherwise and expend, invest, administer and dispose of that property; charge for goods, services and admission and use the revenue so obtained for its own purposes. The Canadian Museum of History may deal with property only in accordance with the terms on which it was acquired or is held. Support The Canadian Museum of History may support other museums or organizations that have a purpose that is complementary to its own by administering programs that provide online content; and support the development of online content, including by providing financial assistance. There is hereby established a corporation, to be called the Canadian Museum of Nature. The Canadian Museum of Nature shall include such affiliated museums as the Board of the Canadian Museum of Nature may, by by-law, establish with the approval of the Governor in Council. The purpose of the Canadian Museum of Nature is to increase, throughout Canada and internationally, interest in, knowledge of and appreciation and respect for the natural world by establishing, maintaining and developing for research and posterity a collection of natural history objects, with special but not exclusive reference to Canada, and by demonstrating the natural world, the knowledge derived from it and the understanding it represents. In furtherance of its purpose, the Canadian Museum of Nature has the capacity and, subject to this Act, the rights, powers and privileges of a natural person and in particular, but without limiting the generality of the foregoing, the Canadian Museum of Nature may collect natural history objects and other museum material; maintain its collection by preservation, conservation and restoration and the establishment of records and documentation; sell, exchange, give away, destroy or otherwise dispose of natural history objects and other museum material, other than primary type specimens, in its collection and use any revenue obtained therefrom to further its collection; exchange with, lend to or borrow from any other organization or person any exhibits, museum material, knowledge or information; organize, sponsor, arrange for and participate in travelling exhibitions, in Canada and internationally, of natural history objects and other museum material in its collection and from other sources; undertake and sponsor any research, including fundamental or basic research and theoretical and applied research, in the natural sciences, with special but not exclusive emphasis on its collection, and in museology, and communicate the results of that research; create new knowledge and synthesize existing knowledge into new patterns and models and provide a taxonomic data base for biological and geological research; foster the coordination of collection-based research in natural history in Canada; promote scientific literacy and a better understanding of nature by demonstrating the interrelationships among all organisms, including human beings, and their environment; inform the academic, scientific and technical community and the public of its discoveries and understanding of nature by such means of education and communication as are appropriate; provide expertise in natural history and provide informed advice and opinion on issues dealing with the natural world; establish authoritative centres for the identification of natural history objects and specimens; create and foster, through programs, functions and facilities, active public involvement and interest in the Canadian Museum of Nature, both at the community level and throughout Canada; establish and foster liaison with other organizations with a purpose similar to its purpose; share the expertise of its staff by undertaking and sponsoring programs for training and apprenticeship in the professional and technical skills involved in the operation of other organizations with a purpose similar to its purpose; assist, cooperate with and enlist the aid of other organizations with a purpose similar to its purpose; provide advice and expertise on museology, education and communication; The Canadian Museum of Nature may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held. There is hereby established a corporation, to be called the National Museum of Science and Technology. The National Museum of Science and Technology shall include the National Aviation Museum and such other affiliated museums as the Board of the National Museum of Science and Technology may, by by-law, establish with the approval of the Governor in Council. The purpose of the National Museum of Science and Technology is to foster scientific and technological literacy throughout Canada by establishing, maintaining and developing a collection of scientific and technological objects, with special but not exclusive reference to Canada, and by demonstrating the products and processes of science and technology and their economic, social and cultural relationships with society. In furtherance of its purpose, the National Museum of Science and Technology has the capacity and, subject to this Act, the rights, powers and privileges of a natural person and in particular, but without limiting the generality of the foregoing, the National Museum of Science and Technology may collect scientific and technological objects and other museum material; sell, exchange, give away, destroy or otherwise dispose of scientific and technological objects and other museum material in its collection and use any revenue obtained therefrom to further its collection; lend or borrow scientific and technological objects and other museum material on long-term or short-term loan; organize, sponsor, arrange for and participate in travelling exhibitions, in Canada and internationally, of scientific and technological objects and other museum material in its collection and from other sources; undertake and sponsor any research, including fundamental or basic research, and theoretical and applied research, related to its purpose and to museology, and communicate the results of that research; inform and educate the public about past, present and future science and technology; create and foster, through programs, functions and facilities, active public and special interest group involvement and interest in science and technology, both at the community level and throughout Canada; provide and arrange for professional and technical services to other organizations with a purpose similar to its purpose; The National Museum of Science and Technology may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held. There is established a corporation to be called the Canadian Museum for Human Rights. The Canadian Museum for Human Rights shall include any affiliated museums that the Board of the Canadian Museum for Human Rights may, by by-law, establish with the approval of the Governor in Council. The purpose of the Canadian Museum for Human Rights is to explore the subject of human rights, with special but not exclusive reference to Canada, in order to enhance the public’s understanding of human rights, to promote respect for others and to encourage reflection and dialogue. In furtherance of its purpose, the Canadian Museum for Human Rights has, subject to this Act, the capacity of a natural person and, elsewhere than in Quebec, the rights, powers and privileges of a natural person. In particular, but without limiting the generality of the foregoing, the Canadian Museum for Human Rights may collect museum material related to human rights; organize, sponsor, arrange for or participate in travelling exhibitions, in Canada or internationally, of museum material in its collection or from other sources; undertake or sponsor any research related to its purpose or to museology and communicate the results of that research; establish and foster links with other organizations that have a purpose similar to its own; provide or arrange for professional and technical services to any other organization that has a purpose similar to its own; The Canadian Museum for Human Rights may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held. There is established a corporation to be called the Canadian Museum of Immigration at Pier 21. The Canadian Museum of Immigration at Pier 21 shall include any affiliated museums that the Board of the Canadian Museum of Immigration at Pier 21 may, by by-law, establish with the approval of the Governor in Council. The purpose of the Canadian Museum of Immigration at Pier 21 is to explore the theme of immigration to Canada in order to enhance public understanding of the experiences of immigrants as they arrived in Canada, of the vital role immigration has played in the building of Canada and of the contributions of immigrants to Canada’s culture, economy and way of life. In furtherance of its purpose, the Canadian Museum of Immigration at Pier 21 has, subject to this Act, the capacity of a natural person and, elsewhere than in Quebec, the rights, powers and privileges of a natural person. In particular, but without limiting the generality of the foregoing, the Canadian Museum of Immigration at Pier 21 may collect museum material related to immigration; The Canadian Museum of Immigration at Pier 21 may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held. Capacity in Canada Each museum may carry on its activities throughout Canada. Capacity elsewhere Each museum has the capacity to carry on its activities, conduct its affairs and exercise its powers in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit. Rights preserved No act of a museum, including any transfer of property to or by a museum, is invalid by reason only that the act is contrary to this Act or the by-laws of the museum. Board of Trustees There shall be a Board of Trustees of each museum, consisting of a Chairperson, a Vice-Chairperson and not more than nine other trustees to be appointed as provided in section 19. Qualifications A person is not eligible to be appointed as a member of the Board if that person is not a Canadian citizen. Responsibility of Board The Board is responsible for the fulfilment of the purposes and the management of the business, activities and affairs of the museum. Appointment of Chairperson and Vice-Chairperson The Chairperson and Vice-Chairperson of a museum shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years. Appointment of trustees The trustees of a museum, other than the Chairperson and Vice-Chairperson, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term, not exceeding four years, that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than four of those trustees. Continuation in office Notwithstanding subsections (1) and (2), if a trustee is not appointed to take office on the expiration of the term of an incumbent trustee, the incumbent trustee continues in office until a successor is appointed. Reappointment A trustee is eligible to be reappointed to the Board in the same or another capacity, except that no person may be appointed as Chairperson, and no person may be appointed as Vice-Chairperson, for more than two consecutive terms; and a trustee, other than the Chairperson or Vice-Chairperson, who has served three consecutive terms in that capacity is not, during the year following the expiration of the third term, eligible to be reappointed in that capacity. Absence or vacancy: Chairperson If the Chairperson is absent or unable to act or if the office of the Chairperson is vacant, the Vice-Chairperson has all the powers, and may exercise and perform all the duties and functions, of the Chairperson. Absence or vacancy: Vice-Chairperson If the Vice-Chairperson is absent or unable to act or if the office of the Vice-Chairperson is vacant, the Minister may designate another trustee to act as Vice-Chairperson for the time being, but no person so designated shall act in that office for a period exceeding ninety days without the approval of the Governor in Council. Vacancy: other trustees Where the office of a trustee, other than the Chairperson or Vice-Chairperson, becomes vacant during the term of the person appointed thereto, the Minister, with the approval of the Governor in Council, may appoint a person to that office for the remainder of that term. Remuneration A trustee of a museum, other than a trustee who is in receipt of a salary fixed by Parliament, the Governor in Council or the Treasury Board, is entitled to be paid by the museum such fees or other remuneration as the Governor in Council may fix. Expenses A trustee of a museum is entitled to be paid by the museum such reasonable travel and living expenses incurred by the trustee in the course of duties as a trustee as may be fixed by or pursuant to the by-laws of the museum. Annual meetings of Board The Board of a museum shall meet at least once each year. By-laws The Board of a museum may make by-laws for the administration, management and control of the property, business, activities and affairs of the museum, including, without limiting the generality of the foregoing, by-laws for the conduct and management of activities and proceedings of the Board, including the establishment of committees of trustees, other persons or both, the time and place for the holding of any meeting of the Board or of any such committee and the quorum and procedure at any such meeting; prescribing the powers, duties and functions of the Board, any committee established by or pursuant to a by-law of the museum and of the Chairperson, Vice-Chairperson, Director, trustees, officers, employees and agents of the museum; respecting the delegation or sub-delegation of any power, duty or function of the Board to any committee established by or pursuant to a by-law of the museum or to the Chairperson, Vice-Chairperson or Director of the museum or any trustee, officer, employee or agent of the museum; prescribing conflict of interest rules for the trustees, committee members, officers, employees and agents of the museum; fixing or providing for the fixing of the travel and living expenses to be paid pursuant to subsection 20(2); and respecting the performance review of the Director of the museum and the exclusion of the Director from meetings of the Board, or a committee established by or pursuant to a by-law of the museum, during consideration of the employment, performance objectives, performance review, remuneration and terms and conditions of employment of the Director. Director Subject to subsections (1.1) and (1.2), there shall be a Director of each museum who shall be appointed, with the approval of the Governor in Council, by the museum’s Board to hold office during pleasure for a term of not more than five years. Director of the Canadian Museum for Human Rights The Governor in Council shall, by order, on the recommendation of the Minister, appoint the first Director of the Canadian Museum for Human Rights to hold office during pleasure for a term of not more than five years. Director of the Canadian Museum of Immigration at Pier 21 The Governor in Council shall, by order, on the recommendation of the Minister, appoint the first Director of the Canadian Museum of Immigration at Pier 21 to hold office during pleasure for a term of not more than five years. The Director of each museum is eligible to be reappointed, with the approval of the Governor in Council, by the museum’s Board. Chief executive officer The Director is the chief executive officer of the museum and, under the direction of the Board, has control and supervision of the work and staff of the museum. Responsible to Board The Director is responsible to the Board for the exercise of the powers and the performance of the duties and functions of that office and, subject to the by-laws of the museum made pursuant to paragraph 22(f), may attend meetings of the Board or of any committee established by or pursuant to the by-laws. Subject to subsections (5.1) and (5.2), the Director shall be paid by the museum any remuneration that the Board, with the approval of the Governor in Council, may determine. Remuneration — first Director of the Canadian Museum for Human Rights The first Director of the Canadian Museum for Human Rights shall be paid by that museum for the duration of his or her first term of office any remuneration that the Governor in Council may, by order, on the recommendation of the Minister, determine. Remuneration — first Director of the Canadian Museum of Immigration at Pier 21 The first Director of the Canadian Museum of Immigration at Pier 21 shall be paid by that museum for the duration of his or her first term of office any remuneration that the Governor in Council may, by order, on the recommendation of the Minister, determine. Acting Director If the Director is absent or unable to act or if the office of the Director is vacant, the Board may designate another officer of the museum to act as Director for the time being, but no person so designated shall act in that office for a period exceeding ninety days without the approval of the Governor in Council. Staff Each museum may engage such officers, employees and agents and such technical and professional advisers as it considers necessary for the proper conduct of its activities and may fix the terms and conditions of their engagement. Not part of public service Subject to subsections (3) to (5), the trustees, officers, employees and agents of a museum are not part of the federal public administration. Superannuation The officers and employees of a museum shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and the museum shall be deemed to be a Public Service corporation for the purposes of section 37 of that Act. Idem The Public Service Superannuation Act does not apply to a trustee, other than a trustee who is in receipt of a salary fixed by Parliament, the Governor in Council or the Treasury Board, unless, in the case of any one of them, the Governor in Council otherwise directs. Compensation The trustees, officers and employees of a museum shall be deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulation made pursuant to section 9 of the Aeronautics Act. Pre-establishment contracts As of the date of its establishment under this Act, each museum shall be bound by any deed, contract or agreement entered into on its behalf by the Minister before its establishment and shall be entitled to the benefits of any such deed, contract or agreement and the Minister shall cease to be bound. Not retroactive Subsection (1) does not apply to any museum already established by this Act on the day on which that subsection comes into force. Head office The head office of each museum shall be in such place in Canada as the Governor in Council may, by order, specify. Agent of Her Majesty Each museum is, for all purposes of this Act, an agent of Her Majesty in right of Canada. Restriction on directives No directive shall be given to a museum under section 89 or subsection 114(3) of the Financial Administration Act with respect to cultural activities, including the acquisition, disposal, conservation or use of any museum material relevant to its activities; its activities and programs for the public, including exhibitions, displays and publications; and research with respect to the matters referred to in paragraphs (a) and (b). Regulations not applicable No regulation made pursuant to subsection 114(4) of the Financial Administration Act prescribing the content of by-laws applies to a museum with respect to cultural activities, including the matters referred to in paragraphs (1)(a) to (c). Inconsistency Sections 19, 23 and 28 apply in respect of each museum notwithstanding any inconsistency with Part X of the Financial Administration Act. Disposal of real property Notwithstanding subsection 99(3) of the Financial Administration Act, subsection 99(2) of that Act applies to each museum with respect to the sale or other disposal of real property. Financial year The financial year of each museum is the period beginning on April 1 in one year and ending on March 31 in the following year. Interest Interest, calculated at the rate fixed by the Minister of Finance for the purposes of section 129 of the Financial Administration Act, shall be paid monthly from the Consolidated Revenue Fund on moneys, other than moneys appropriated by Parliament, on deposit to the credit of a museum in the accounts of Canada and shall be credited to the account. Auditor The Auditor General of Canada is the auditor of each museum. Transfer of real property The Governor in Council may, by order, vest the administration and control of any real property that is assigned to or vested in a Minister of Her Majesty in right of Canada or a department or Crown corporation as defined in the Financial Administration Act in a museum, and from the date specified in the order, the administration and control is vested in that museum. [Amendments] [Repeal] [Repealed, 2013, c. 38, s. 3] Coming into force This Act shall come into force on a day to be fixed by order of the Governor in Council. [Note: Act in force July 1, 1990, see SI/90-86.] Trustees cease to hold office Notwithstanding subsection 19(3) of the Act and subsection 105(4) of the Financial Administration Act, every person who was a trustee of the National Gallery of Canada, Canadian Museum of Civilization, Canadian Museum of Nature or National Museum of Science and Technology immediately before the coming into force of section 46 of this Act by reason of those subsections shall cease to hold office on the coming into force of section 46 of this Act. Appropriation Subject to approval by the Governor in Council of the corporate plan of the Canadian Museum of Immigration at Pier 21, the Minister of Canadian Heritage may make payments out of the Consolidated Revenue Fund in an aggregate amount not exceeding $15 million to the museum for operating and capital expenditures that it incurs in the first 12 months after the coming into force of this Act. That amount may be modified by any appropriation Act. The following definitions apply in sections 5 to 10. former museum means the Canadian Museum of Civilization established under section 7 of the Museums Act, as it read immediately before the coming into force of section 2. (ancien musée) new museum means the Canadian Museum of History established under section 7 of the Museums Act. (nouveau musée) Continued status Section 2 does not affect the status of any person who was an officer, a trustee, an employee or an agent or mandatary of the former museum immediately before the day on which that section comes into force, except that, as of that day, the person is an officer, a trustee, an employee or an agent or mandatary of the new museum. Transfer of rights and obligations All rights and property held by or in the name of or in trust for the former museum and all obligations and liabilities of the former museum are deemed to be rights, property, obligations and liabilities of the new museum. Transfer of powers and duties Any power or duty that is vested in or is exercisable by the former museum under a contract, lease, licence, deed, agreement or other document is vested in or is exercisable by the new museum. References Every reference to the former museum in any contract, lease, licence, deed, agreement or other document executed or signed by the former museum in its own name shall, unless the context otherwise requires, be read as a reference to the new museum. Transfer of appropriations Any amount appropriated, for the fiscal year in which section 2 comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former museum and that, on the day on which section 2 comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new museum. Commencement of legal proceedings Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former museum may be brought against the new museum in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former museum. Continuation of legal proceedings Any action, suit or other legal proceeding to which the former museum is a party that is pending in any court immediately before the day on which section 2 comes into force may be continued by or against the new museum in the same manner and to the same extent as it could have been continued by or against the former museum. The following definitions apply in sections 195 to 204. Minister means the Minister of Canadian Heritage. (ministre) Museum means the Canadian Museum of History. (musée) Definition of program In sections 196 to 199, program means the program known as the “Online Works of Reference”. Responsibility for program transferred On the day on which this section comes into force, the responsibility for the administration of the program is transferred from the Minister to the Museum. Credits transferred Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures related to the program and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to have been appropriated to defray any of the Museum’s expenditures related to the program. Obligations, contracts and authorizations On the day on which this section comes into force, the Minister’s obligations that relate to the program are assumed by the Museum; contracts entered into by the Minister that relate to the program and are still in force are deemed to have been entered into by the Museum; permits, licences and other authorizations issued to the Minister that relate exclusively to the program and are still valid are transferred to the Museum; and permits, licences and other authorizations issued by the Minister that relate to the program and are still valid are deemed to have been issued by the Museum. Assets On the day on which this section comes into force, the assets of the Department of Canadian Heritage that relate exclusively to the program are transferred to the Museum. In sections 201 to 204, program means the program known as the “Virtual Museum of Canada”.