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Bill C-64

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-64

An Act to establish an indemnification program for travelling exhibitions

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short title

1. This Act may be cited as the Canada Travelling Exhibitions Indemnification Act.

Definitions

2. The definitions in this section apply in this Act.

``institu-
tion''
« établisse-
ment »

``institution'' means a museum, art gallery, archives or library that

      (a) is publicly owned;

      (b) operates for educational or cultural purposes;

      (c) operates solely for the benefit of the public; and

      (d) exhibits objects to the public.

``Minister''
« ministre »

``Minister'' means such member of the Queen's Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act.

``travelling exhibition''
« exposition itinérante »

``travelling exhibition'' means an exhibition that meets at least one of the following criteria:

      (a) the total fair market value of the objects in the exhibition that are borrowed from outside Canada exceeds the total fair market value of those borrowed from inside Canada; or

      (b) the exhibition is shown in at least two provinces.

Agreements for indemnifica-
tion

3. (1) On application by an institution situated in Canada that organizes or hosts a travelling exhibition, the Minister may, subject to and in accordance with the regulations, enter into agreements with the respective owners of objects that are to be in the exhibition, and with the respective owners of appurtenances that are integral to the display of objects in the exhibition, under which Her Majesty agrees to indemnify those owners totally or partially for damage to or loss of the objects or appurtenances during

    (a) the period of the loan of the object or appurtenance, if the exhibition is organized by an institution situated in Canada; or

    (b) the period of the loan of the exhibition, if the exhibition is organized by an institution situated outside Canada.

Limitation

(2) Agreements referred to in subsection (1) may not provide for indemnification in respect of any period during which the exhibition is shown outside Canada.

Maximum liability

(3) Her Majesty's liability under agreements referred to in subsection (1) may not exceed

    (a) $450,000,000, or any other amount that is provided by an appropriation Act or other Act of Parliament, in respect of each travelling exhibition; and

    (b) $1,500,000,000, or any other amount that is provided by an appropriation Act or other Act of Parliament, in any fiscal year in respect of all travelling exhibitions.

Expert advice

4. The Minister may engage experts to advise the Minister on any matter relating to the implementation of this Act and may, subject to any applicable Treasury Board requirements, policies or guidelines, fix their remuneration and expenses.

Regulations

5. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations respecting

    (a) the minimum total fair market value of all the objects and appurtenances in a travelling exhibition in order for an institution to be eligible to apply under subsection 3(1);

    (b) the assessment criteria for applications under subsection 3(1), including

      (i) the standards of security, transportation, environmental control and handling with respect to indemnified objects and appurtenances,

      (ii) the educational and professional quality of the exhibition,

      (iii) the significance and relevance to Canadians of the exhibition's theme and contents, and

      (iv) the extent of public access to the exhibition;

    (c) the scope of coverage of agreements referred to in subsection 3(1), including limitations, exclusions, deductibles and maximum time periods;

    (d) the process and requirements governing applications under subsection 3(1);

    (e) the process for assessing or verifying the fair market value of each indemnified object and appurtenance;

    (f) the process for submitting and settling claims; and

    (g) the conditions governing the payment of claims, and the manner of payment of claims.

Coming into force

6. This Act comes into force on a day to be fixed by order of the Governor in Council.

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