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

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Act current to 2024-11-26 and last amended on 2014-08-29. Previous Versions

PART IIOrganization (continued)

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.

1990, c. 3, s. 23
2008, c. 9, s. 3
2010, c. 7, s. 3

Previous Version

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.