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McMichael Canadian Art Collection Amendment Act, 2011, S.O. 2011, c. 16 - Bill 188

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 188 and does not form part of the law.  Bill 188 has been enacted as Chapter 16 of the Statutes of Ontario, 2011.

The Bill makes various amendments to the McMichael Canadian Art Collection Act.  Among these amendments are the following:

1. Section 1.1 of the Act, which sets out the Act’s purpose, is repealed.

2. Various amendments are made to the Act in relation to the governance of the Board.

3. Section 3.1 of the Act, which provides that Robert and Signe McMichael are life trustees and provides them with related powers, is repealed.

4. Section 4.1 of the Act, which requires the Board to establish an art advisory committee, is repealed.

5. Various amendments are made to the Act in relation to the objects of the Corporation.  Clause 7 (1) (a) of the Act is amended to provide that art works, objects and related documentary materials that are acquired and preserved for the collection must be by or about artists who have made or are making a contribution to the development of Canadian art, with a focus on the Group of Seven and their contemporaries and on the aboriginal peoples of Canada.  Clause 7 (1) (b) is amended to provide that the Corporation’s objects include exhibiting art works, objects and documentary materials that include but are not limited to the collection.  Clause 7 (1) (g) of the Act is added to provide that the Corporation’s objects include holding and maintaining its land that has been established as a cemetery.

6. Subsection 7 (2) of the Act is amended, and subsection 7 (2.1) of the Act is added, to prohibit the Corporation from allowing interments to be carried out in its cemetery.

7. Section 8 of the Act, which relates to the nature of the collection, is repealed and a new provision is substituted which provides that the Board shall recognize and acknowledge the McMichaels’ gift of their home, their land, and their collection of Canadian art in such ways that the Board considers appropriate.

 

chapter 16

An Act to amend the McMichael Canadian Art Collection Act

Assented to June 1, 2011

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. (1) The English version of the definition of “collection” in section 1 of the McMichael Canadian Art Collection Act is amended by striking out “and the documentary materials related thereto” and substituting “and the related documentary materials”.

(2) The definition of “Minister” in section 1 of the Act is repealed and the following substituted:

“Minister” means the Minister of Tourism and Culture or any other member of the Executive Council to whom the administration of this Act is assigned or transferred under the Executive Council Act. (“ministre”)

2. Section 1.1 of the Act is repealed.

3. Subsections 2 (1), (2) and (3) of the Act are repealed and the following substituted:

Corporation continued

(1) The Corporation known as the McMichael Canadian Collection is continued as a corporation without share capital under the name McMichael Canadian Art Collection in English and Collection McMichael d’art Canadien in French.

4. (1) Subsection 3 (1) of the Act is amended by striking out “Subject to section 3.1” at the beginning.

(2) Subsection 3 (7) of the Act is repealed.

5. Section 3.1 of the Act is repealed.

6. (1) Subsection 4 (2) of the Act is amended by striking out “composed of trustees, employees and volunteers of the Corporation”.

(2) Subsection 4 (2.1) of the Act is repealed.

(3) Subsections 4 (5), (6) and (7) of the Act are repealed.

7. Section 4.1 of the Act is repealed.

8. Subsections 5 (5), (6) and (7) of the Act are repealed.

9. (1) Clause 7 (1) (a) of the Act is repealed and the following substituted:

(a) to acquire and preserve art works, objects and related documentary materials for the collection, by or about artists who have made or are making a contribution to the development of Canadian art, with a focus on the Group of Seven and their contemporaries and on the aboriginal peoples of Canada;

(2) Clause 7 (1) (b) of the Act is repealed and the following substituted:

(b) to exhibit art works, objects and documentary materials, including but not limited to the collection;

(3) The French version of clause 7 (1) (f) of the Act is amended by striking out “de détenir” and substituting “de préserver”.

(4) Subsection 7 (1) of the Act is amended by adding the following clause:

(g) to hold and maintain the parcel of land established as a cemetery, as described in the Order Approving Cemetery certificate no. 68-2-2 issued under The Cemeteries Act, being chapter 47 of the Revised Statutes of Ontario, 1960, in accordance with the Cemeteries Act (Revised) and any other applicable legislation.

(5) Clause 7 (1) (g) of the Act, as enacted by subsection (4), is amended by striking out “in accordance with the Cemeteries Act (Revised)” and substituting “in accordance with the Funeral, Burial and Cremation Services Act, 2002”.

(6) The French version of clause 7 (2) (a) of the Act is amended by striking out “détenir” and substituting “préserver”.

(7) Clause 7 (2) (g) of the Act is repealed.

(8) Clause 7 (2) (h) of the Act is repealed.

(9) Section 7 of the Act is amended by adding the following subsection:

Prohibition, interments in cemetery

(2.1) Despite clause (1) (g), the Corporation shall not allow interments to be carried out in the cemetery referred to in clause (1) (g).

10. Section 8 of the Act is repealed and the following substituted:

Board to recognize gift

8. The Board shall recognize and acknowledge the gift made to the people of Ontario by Robert and Signe McMichael of their home and 14 acres of surrounding land and of their collection of Canadian art in such ways as the Board considers appropriate.

Commencement

11. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Subsection 9 (5) comes into force on the later of the day section 114 of the Funeral, Burial and Cremation Services Act, 2002 comes into force and the day this Act receives Royal Assent.

Short title

12. The short title of this Act is the McMichael Canadian Art Collection Amendment Act, 2011.