Museums Act (S.C. 1990, c. 3)

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Act current to 2024-10-30 and last amended on 2014-08-29. Previous Versions

PART IIOrganization (continued)

Staff (continued)

Marginal note:Staff

24 (1) 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.
Marginal note:Not part of public service
(2) Subject to subsections (3) to (5), the trustees, officers, employees and agents of a museum are not part of the federal public administration.
Marginal note:Superannuation
(3) 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.
Marginal note:Idem
(4) 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.
Marginal note:Compensation
(5) 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.

1990, c. 3, s. 24
2003, c. 22, ss. 224(E), 225(E)

Previous Version

General

Marginal note: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.
Marginal note: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.

2008, c. 9, s. 4

Marginal note:Head office

25 The head office of each museum shall be in such place in Canada as the Governor in Council may, by order, specify.

Marginal note:Agent of Her Majesty

26 Each museum is, for all purposes of this Act, an agent of Her Majesty in right of Canada.

Marginal note:Restriction on directives

27 (1) 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
- (a) the acquisition, disposal, conservation or use of any museum material relevant to its activities;
- (b) its activities and programs for the public, including exhibitions, displays and publications; and
- (c) research with respect to the matters referred to in paragraphs (a) and (b).
Marginal note:Regulations not applicable
(2) 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).
Marginal note:Inconsistency
(3) Sections 19, 23 and 28 apply in respect of each museum notwithstanding any inconsistency with Part X of the Financial Administration Act.
Marginal note:Disposal of real property
(4) 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.

Marginal note:Financial year

28 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.

Marginal note:Interest

29 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.

Marginal note:Auditor

30 The Auditor General of Canada is the auditor of each museum.

Marginal note:Transfer of real property

31 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.