Bill C-42

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2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

house of commons of canada

BILL C-42

An Act to amend the Museums Act and to make consequential amendments to other Acts

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

1990, c. 3

MUSEUMS ACT

1. The definition “museum material” in section 2 of the Museums Act is replaced by the following:

“museum material”
« matériel de 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.

2. The Act is amended by adding the following after section 15:

Establishment of the Canadian Museum for Human Rights

Establishment

15.1 (1) There is established a corporation to be called the Canadian Museum for Human Rights.

Affiliated museums

(2) 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.

Purpose, Capacity and Powers of the Canadian Museum for Human Rights

Purpose

15.2 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.

Capacity and powers

15.3 (1) 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

(a) collect museum material related to human rights;

(b) maintain its collection by preservation, conservation or restoration or the establishment of records or documentation;

(c) 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;

(d) lend or borrow museum material on long- or short-term loan;

(e) organize, sponsor, arrange for or participate in travelling exhibitions, in Canada or internationally, of museum material in its collection or from other sources;

(f) undertake or sponsor any research related to its purpose or to museology and communicate the results of that research;

(g) provide facilities to permit qualified individuals to use or study its collection;

(h) promote knowledge and disseminate information related to its purpose, throughout Canada and internationally, by any appropriate means of education and communication;

(i) establish and foster links with other organizations that have a purpose similar to its own;

(j) share the expertise of its staff by undertaking or sponsoring training and apprenticeship programs that relate to its purpose;

(k) provide or arrange for professional and technical services to any other organization that has a purpose similar to its own;

(l) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property;

(m) develop, operate and maintain branches or exhibition centres;

(n) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public;

(o) lease or otherwise make available any of its facilities to other persons; and

(p) charge for goods, services and admission and use the revenue so obtained for its own purposes.

Restriction

(2) 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.

3. (1) Subsections 23(1) and (2) of the Act are replaced by the following:

Director

23. (1) Subject to subsection (1.1), 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

(1.1) 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.

Reappointment

(2) The Director of each museum is eligible to be reappointed, with the approval of the Governor in Council, by the museum’s Board.

(2) Subsection 23(5) of the Act is replaced by the following:

Remuneration

(5) Subject to subsection (5.1), 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

(5.1) 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.

4. The Act is amended by adding the following before section 25:

Pre-establishment contracts

24.1 (1) 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

(2) Subsection (1) does not apply to any museum already established by this Act on the day on which that subsection comes into force.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1

Access to Information Act

2004, c. 11, s. 22

5. Paragraph 68(c) of the Access to Information Act is replaced by the following:

(c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature, the National Museum of Science and Technology or the Canadian Museum for Human Rights by or on behalf of persons or organizations other than government institutions.

6. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Canadian Museum for Human Rights

Musée canadien des droits de la personne

R.S., c. F-11

Financial Administration Act

7. Part I of Schedule III to the Financial Administration Act is amended by adding the following in alphabetical order:

Canadian Museum for Human Rights

Musée canadien des droits de la personne

R.S., c. M-13; 2000, c. 8, s. 2

Payments in Lieu of Taxes Act

8. Schedule I to the Payments in Lieu of Taxes Act is amended by adding the following in alphabetical order:

Canadian Museum for Human Rights, with respect to real property or immovables that are owned by Her Majesty in right of Canada and whose administration and control are held by the Museum, whether title to the real property or immovables is vested in the name of Her Majesty or in the name of the Museum.

9. Schedule III to the Act is amended by adding the following in alphabetical order:

Canadian Museum for Human Rights

Musée canadien des droits de la personne

R.S., c. P-21

Privacy Act

2004, c. 11, s. 39

10. Paragraph 69(1)(b) of the Privacy Act is replaced by the following:

(b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature, the National Museum of Science and Technology or the Canadian Museum for Human Rights by or on behalf of persons or organizations other than government institutions.

11. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Canadian Museum for Human Rights

Musée canadien des droits de la personne

1991, c. 30

Public Sector Compensation Act

12. Schedule II to the Public Sector Compensation Act is amended by adding the following in alphabetical order:

Canadian Museum for Human Rights

Musée canadien des droits de la personne

R.S., c. P-36

Public Service Superannuation Act

13. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Canadian Museum for Human Rights

Musée canadien des droits de la personne

COMING INTO FORCE

Order in council

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

Published under authority of the Speaker of the House of Commons

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Museums Act

Clause 1: Existing text of the definition:

“museum material” means objects, and records, of a type normally kept by a museum for reference or exhibition purposes.

Clause 2: New.

Clause 3: (1) Existing text of subsections 23(1) and (2):

23. (1) There shall be a Director of each museum, who shall be appointed by the Board of the museum, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding five years.

(2) The Director is eligible to be reappointed on the expiration of any term of office.

(2) Existing text of subsection 23(5):

(5) The Director shall be paid by the museum such remuneration as the Board, with the approval of the Governor in Council, may determine.

Clause 4: New.

Access to Information Act

Clause 5: Relevant portion of section 68:

68. This Act does not apply to

...

(c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions.

Clause 6: New.

Financial Administration Act

Clause 7: New.

Payments in Lieu of Taxes Act

Clause 8: New.

Clause 9: New.

Privacy Act

Clause 10: Relevant portion of subsection 69(1):

69. (1) This Act does not apply to

...

(b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions.

Clause 11: New.

Public Sector Compensation Act

Clause 12: New.

Public Service Superannuation Act

Clause 13: New.