Museums Act (S.C. 1990, c. 3)

Establishment of the Canadian Museum for Human Rights

Marginal note:Establishment

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

• Marginal note: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

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Establishment of the Canadian Museum of Immigration at Pier 21

Marginal note:Establishment

• 15.4 (1) There is established a corporation to be called the Canadian Museum of Immigration at Pier 21.

• Marginal note:Affiliated museums

  (2) 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.

Purpose, Capacity and Powers of the Canadian Museum of Immigration at Pier 21

Marginal note:Purpose

15.5 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.

Marginal note:Capacity and powers

• 15.6 (1) 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

  • (a) collect museum material related to immigration;

  • (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.

• Marginal note:Restriction

  (2) 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 and Elsewhere

Marginal note:Capacity in Canada

• 16 (1) Each museum may carry on its activities throughout Canada.

• Marginal note:Capacity elsewhere

  (2) 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.

Validity of Acts

Marginal note:Rights preserved

17 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.

PART IIOrganization

Marginal note:Board of Trustees

• 18 (1) 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.

• Marginal note:Qualifications

  (2) A person is not eligible to be appointed as a member of the Board if that person is not a Canadian citizen.

• Marginal note:Responsibility of Board

  (3) The Board is responsible for the fulfilment of the purposes and the management of the business, activities and affairs of the museum.

Marginal note:Appointment of Chairperson and Vice-Chairperson

• 19 (1) 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.

• Marginal note:Appointment of trustees

  (2) 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.

• Marginal note:Continuation in office

  (3) 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.

• Marginal note:Reappointment

  (4) A trustee is eligible to be reappointed to the Board in the same or another capacity, except that

  • (a) no person may be appointed as Chairperson, and no person may be appointed as Vice-Chairperson, for more than two consecutive terms; and

  • (b) 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.

• Marginal note:Absence or vacancy: Chairperson

  (5) 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.

• Marginal note:Absence or vacancy: Vice-Chairperson

  (6) 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.

• Marginal note:Vacancy: other trustees

  (7) 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.

Marginal note:Remuneration

• 20 (1) 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.

• Marginal note:Expenses

  (2) 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.

Marginal note:Annual meetings of Board

21 The Board of a museum shall meet at least once each year.

Marginal note:By-laws

22 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

• (a) 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;

• (b) 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;

• (c) 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;

• (d) prescribing conflict of interest rules for the trustees, committee members, officers, employees and agents of the museum;

• (e) fixing or providing for the fixing of the travel and living expenses to be paid pursuant to subsection 20(2); and

• (f) 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.

Staff

Marginal note:Director

• 23 (1) 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.

• Marginal note: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.

• Marginal note:Director of the Canadian Museum of Immigration at Pier 21

  (1.2) 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.

• Marginal note: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.

• Marginal note:Chief executive officer

  (3) 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.

• Marginal note:Responsible to Board

  (4) 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.

• Marginal note:Remuneration

  (5) 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.

• Marginal note: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.

• Marginal note:Remuneration — first Director of the Canadian Museum of Immigration at Pier 21

  (5.2) 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.

• Marginal note:Acting Director

  (6) 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.