The following definitions apply in this Act. R.S.1973, c.B-1, s.1
“Board of Governors” means the Board of Governors of the Gallery.(conseil d’administration)
“Gallery” means The Beaverbrook Art Gallery at The City of Fredericton.(Galerie)
“gift” includes grant, devise, bequest, trust and endowment.(don)
“work of art” includes painting, print, picture, book, sculpture, antique and other similar property.(oeuvre d’art)
There is created a body corporate under the name of “The Beaverbrook Art Gallery”, the members of which shall be the members of the Board of Governors and any other persons who are members in good standing in accordance with the by-laws. R.S.1973, c.B-1, s.2; 1986, c.15, s.1
The Gallery is designated as the Provincial Art Gallery. 1994, c.96, s.1
The objects of the Gallery are to foster and promote the study and the public enjoyment and appreciation of the arts of painting, drawing, sculpture and other graphic arts and similar creative and interpretative activities, including the exhibition and production of works of art, and in furtherance of those objects to operate and manage the Gallery. R.S.1973, c.B-1, s.3
Repealed: 2013, c.16, s.1 2013, c.16, s.1Repealed: 2013, c.16, s.2 R.S.1973, c.B-1, s.4; 2013, c.16, s.2
R.S.1973, c.B-1, s.5; 1986, c.15, s.2; 1991, c.19, s.1; 1994, c.96, s.2; 1998, c.41, s.12; 2000, c.26, s.26; 2005, c.6, s.1; 2007, c.10, s.19; 2010, c.31, s.21; 2012, c.39, s.20; 2012, c.52, s.8; 2013, c.16, s.3; 2022, c.21, s.2
The affairs of the Gallery shall be managed by a Board of Governors.
The Board of Governors shall consist of between 12 to 16 Governors appointed as follows:
(a) not less than 9 and not more than 13 Governors shall be appointed by the Board of Governors;
(b) the Lieutenant‑Governor in Council shall appoint
(i) one Governor nominated by the Premier of New Brunswick, and
(ii) one Governor nominated by the Leader of the Opposition in the Legislative Assembly;
(iii) Repealed: 2022, c.21, s.2
(c) the Minister of Tourism, Heritage and Culture shall appoint one Governor who is an employee of the Department of Tourism, Heritage and Culture.
In addition to the Governors appointed under subsection (2), the Board of Governors may appoint an Honorary Governor who shall be a non-voting member of the Board of Governors.
The term of office of a Governor appointed under paragraph (2)(a) or subsection (3) shall be fixed by by-law.
The term of office of a Governor appointed under paragraph (2)(b) or (c) shall be for no more than three years and he or she shall be eligible for reappointment.
The Lieutenant-Governor in Council may remove a Governor appointed under paragraph (2)(b) from office for cause or for any other reason.
The Minister of Tourism, Heritage and Culture may remove a Governor appointed under paragraph (2)(c) from office for cause or for any other reason.
A Governor may resign his or her office at any time.
The members of the Board shall elect from among the voting Governors a Chair.
The Board of Governors R.S.1973, c.B-1, s.6; 1986, c.15, s.3; 2013, c.16, s.4
(a) may enter into contracts in the name of the Gallery;
(b) subject to section 8, may acquire any work of art or other property for the Gallery and may dispose of any work of art or property of the Gallery;
(c) shall manage, control and administer the property of the Gallery, including every gift to it and endowment made for its benefit, and all income received from it; and all the resources of the Gallery, including the income from them, shall be devoted to the charitable purposes mentioned in section 4and shall not be payable to or otherwise available for the personal benefit of any member of the Gallery;
(d) may permit the Gallery to be used in the way and for the purposes that it considers suitable if that use is in furtherance of all or some of the charitable purposes of the Gallery;
(e) may exhibit works of art and products of applied and industrial design;
(f) may employ a director and other officers and employees, and engage technical and professional advisers, on the terms and conditions that it considers expedient;
(g) may make by-laws for
(i) the regulation of proceedings of the meetings of the Board of Governors and of the members of the Gallery, including the fixing of a quorum in each case;
(ii) the selection from the Board of Governors of an executive committee and the delegation of powers and duties to it;
(iii) the election or appointment of officers and the definition of their duties;
(iv) the appointment of honorary officers and of advisory committees;
(v) the admission, suspension and expulsion of members of the Gallery and the establishment of various classes of those members;
(vi) the operation of the Gallery and the conduct and management of the affairs of the Gallery;
No acquisition by or disposal of a work of art owned by the Gallery shall be made without a resolution of the Board of Governors. R.S.1973, c.B-1, s.7
R.S.1973, c.B-1, s.8
Subject to section 8, the Board of Governors may accept any gift from a public or private body or person despite that it is made by the donor on terms and conditions, and may execute any instrument necessary or expedient to ensure the carrying into effect of those terms and conditions, but the acceptance and carrying out of those terms and conditions shall not in any way conflict with the carrying out of the charitable purposes of the Gallery.
If in making a gift to the Gallery the donor expresses the desire that the object of that gift shall be inalienable, the Board of Governors shall not transfer the object to a public or private body or person for consideration or otherwise, and any transfer made in violation of this subsection shall be null and void.
A gift made or to be made shall enure to the benefit of the Gallery if made under a name or for a purpose from which name or purpose it can be reasonably inferred that the Gallery was intended to be benefited.
The accounts and financial transactions of the Gallery shall be audited annually and a copy of the audited statement, signed on behalf of the Board of Governors by two of its members, shall be filed with the Minister of Finance and Treasury Board. R.S.1973, c.B-1, s.9; 2016, c.37, s.20; 2019, c.29, s.12
R.S.1973, c.B-1, s.10; 2023, c.17, s.14
The property vested in the Board of Governors of the Lord Beaverbrook Art Gallery, including the Lord Beaverbrook Art Gallery at Fredericton, and the lands on which the same is located, the description of which lands is set out in Schedule A, being by virtue of section 4 of Chapter 10 of 6 Elizabeth II, 1957, Lord Beaverbrook Art Gallery Act, the property of the Crown in right of the Province is vested in the Gallery.
The Gallery is charged with and made liable for all obligations and liabilities of the body corporate created by Chapter 10 of 6 Elizabeth II, 1957, Lord Beaverbrook Art Gallery Act.
All gifts previously or in the future made in favour of the body corporate called “The Board of Governors of the Lord Beaverbrook Art Gallery” shall avail to and be vested in the Gallery.
The lands, buildings and other property of the Gallery shall be exempt from municipal taxation. R.S.1973, c.B-1, s.11