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McMichael Canadian Art Collection Amendment Act, 2000, S.O. 2000, c. 21 - Bill 112

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EXPLANATORY NOTE

The Bill amends the McMichael Canadian Art Collection Act as follows:

1.  The Bill recognizes the gift of the McMichael Canadian Art Collection in 1965 and the original vision of Robert and Signe McMichael for the collection.  The Bill also recognizes that the focus of the collection has changed over time and that it is appropriate to return the collection to, and then maintain it in, the spirit of its original focus.  (Section 2 of the Bill)

2.  The composition of the board of trustees of the McMichael Canadian Art Collection is altered.  Under the alterations, a new section 3.1 is added to the Act to emphasize that Robert McMichael and Signe McMichael are life members of the Board.  If either of them is unwilling or unable to continue as a trustee, then provision is made for the McMichaels to appoint substitutes during their lifetimes.  (Section 3 of the Bill)

3.  The Board’s powers to make by-laws and establish committees and its power to appoint or remove the Director are made subject to the Minister’s approval until the day three years following Royal Assent to this Bill (or until such time as the collection conforms to section 8 of the Act, whichever is later).  The Board is also limited in that its committees may be composed only of trustees, employees and volunteers of the Corporation.  (Sections 4 and 6 of the Bill)

4.  The Board is required to establish an art advisory committee.  Initially the committee will consist of Robert McMichael and Signe McMichael, the chair and vice-chair of the Board and a trustee chosen by the Board from amongst the trustees appointed by the Lieutenant Governor in Council.  The art advisory committee will make recommendations to the Board with respect to the acquisition and disposal of art works, objects and related documentary material.  The art advisory committee is also empowered to designate the artists who have made contributions to the development of Canadian art. (Section 5 of the Bill)

5.  The nature of the collection is redefined.  The collection is to reflect the cultural heritage of Canada and to be comprised of art works, objects and related documentary material created by or about Tom Thomson, Emily Carr, David Milne, A.Y. Jackson, Lawren Harris, A.J. Casson, Frederick Varley, Arthur Lismer, J.H. MacDonald and Franklin Carmichael and those artists designated by the art advisory committee as having made contributions to the development of Canadian art.  (Section 7 of the Bill)

6.  The definition of “Minister” is updated.  (Section 1 of the Bill)

 

 

chapter 21

An Act to amend
the McMichael Canadian
Art Collection Act

Assented to November 2, 2000

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

1. The definition of “Minister” in section 1 of the McMichael Canadian Art Collection Act is repealed and the following substituted:

“Minister” means the Minister of Citizenship, Culture and Recreation or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act.  (“ministre”)

2. The Act is amended by adding the following section:

Purpose

1.1 The purpose of this Act, as amended in 2000, is to recognize the following:

1. In 1965, Robert and Signe McMichael gave the people of Ontario their collection of Canadian art, their home, and 14 acres of surrounding lands.

2. The art collection, now known as the McMichael Canadian Art Collection, was to display distinctively Canadian art reflecting the cultural heritage of Canada and the images and the spirit of the nation, focusing on those artists known as the Group of Seven and their contemporaries.

3. Robert and Signe McMichael had a vision that the gallery and the art collection that it housed would continue to retain the spirit that they had originally created by remaining true to its focus on those artists who had celebrated the nation’s beauty in a uniquely Canadian way.

4. The focus of the collection has changed over time.

5. It is appropriate to return the collection to, and then maintain it in, the spirit of its original focus.

6. There should be an appropriate corporate structure to administer the collection.

7. There should be an art advisory committee to advise on matters related to the composition and display of the collection.

8. Robert and Signe McMichael should continue to have significant roles in matters related to the collection.

3. Section 3 of the Act is repealed and the following substituted:

Composition of Board

3. (1) Subject to section 3.1, the Board shall consist of up to 23 trustees appointed by the Lieutenant Governor in Council.

Number

(2) The Lieutenant Governor in Council may from time to time determine the number of trustees to be appointed.

Term

(3) A trustee may be appointed for a term not exceeding three years and may be re-appointed for one or more further terms.

Chair and vice-chair

(4) The Lieutenant Governor in Council shall designate one of the trustees as chair and one of the trustees as vice-chair of the Board.

Chair to preside

(5) The chair shall preside at all meetings of the Board and, in the absence of the chair or if the office is vacant, the vice-chair shall have all the powers and shall perform the duties of the chair.

Quorum

(6) A majority of the trustees constitutes a quorum of the Board.

Casting vote

(7) The chair shall have a second or casting vote in the event of an equality of votes.

Life trustees

3.1 (1) In addition to the trustees appointed to the Board under subsection 3 (1), Robert McMichael, Founder Director Emeritus, and Signe McMichael are trustees for life or until they are unable or unwilling to continue to be trustees.

Substitute trustee

(2) If Robert McMichael is unable or unwilling to continue to be a trustee, he may appoint a person to be a trustee in his place.

Same

(3) If Signe McMichael is unable or unwilling to continue to be a trustee, she may appoint a person to be trustee in her place.

Same

(4) If Robert McMichael is unable to appoint a person to be a trustee in his place while Signe McMichael continues to be a trustee, Signe McMichael may appoint a person to be a trustee in Robert McMichael’s place.

Same

(5) If Signe McMichael is unable to appoint a person to be a trustee in her place while Robert McMichael continues to be a trustee, Robert McMichael may appoint a person to be a trustee in Signe McMichael’s place.

Term of substitute trustee

(6) A person appointed to be a trustee under subsection (2), (3), (4) or (5) shall be a trustee for the life of the trustee that he or she is replacing or until he or she is unable or unwilling to continue to be a trustee, whichever occurs first.

Same

(7) Despite subsection (6), Robert McMichael may remove a person appointed under subsection (2) or (4) if he has the ability to act as trustee and expresses his willingness, in writing, to the Board to do so and thereupon he again becomes a trustee for life to whom this section applies.

Same

(8) Despite subsection (6), Signe McMichael may remove a person appointed under subsection (3) or (5) if she has the ability to act as trustee and expresses her willingness, in writing, to the Board to do so and thereupon she again becomes a trustee for life to whom this section applies.

4. (1) Subsection 4 (2) of the Act is repealed and the following substituted:

By-laws

(2) The Board may make by-laws regulating its proceedings and establishing committees composed of trustees, employees and volunteers of the Corporation for the control and conduct of its internal affairs.

Voting

(2.1) Only trustees may vote on any matter before a committee of the Board.

(2) Section 4 of the Act is amended by adding the following subsections:

Approval by the Minister

(5) A by-law made under subsection (2) does not take effect until the Minister approves it.

Repeal

(6) Subsection (5) is repealed on such day as the Minister, on the advice of the Chair of the Board, may set out in a notice to the Corporation that he or she is satisfied that the collection conforms to section 8 or on the third anniversary of the day subsection (5) comes into force, whichever day is later.

Same

(7) The Minister shall cause the notice given under subsection (5) to be filed as a regulation under the Regulations Act.

5. The Act is amended by adding the following section:

Art advisory committee

4.1 (1) The Board shall establish, by a by-law made under subsection 4 (2), an art advisory committee composed of the chair and vice-chair of the Board and three other members as follows:

1. So long as Robert McMichael is a trustee, he shall be a member of the art advisory committee and the number of trustees appointed under paragraph 5 shall be reduced by one.

2. So long as Signe McMichael is a trustee, she shall be a member of the art advisory committee and the number of trustees appointed under paragraph 5 shall be reduced by one.

3. So long as a person appointed by Robert McMichael under subsection 3.1 (2) or (5) is a trustee, the person shall be a member of the art advisory committee and the number of trustees appointed under paragraph 5 shall be reduced accordingly.

4. So long as a person appointed by Signe McMichael under subsection 3.1 (3) or (4) is a trustee, the person shall be a member of the art advisory committee and the number of trustees appointed under paragraph 5 shall be reduced accordingly.

5. Three trustees appointed by the Board from amongst the trustees appointed under subsection 3 (1).

Functions

(2) The functions of the art advisory committee are,

(a) to make recommendations to the Board with respect to the acquisition of art works and objects and related documentary materials for the collection;

(b) to make recommendations to the Board with respect to the disposal of art works and objects and related documentary materials from the collection;

(c) to make recommendations to the Board in respect of temporary exhibits of art works and objects and related documentary materials;

(d) to make recommendations to the Board in respect of the display of art works and objects and related documentary materials that may be loaned to the Corporation; and

(e) to designate artists who have made contributions to the development of Canadian art for the purpose of including their art works and objects and related documentary material in the collection.

Same

(3) If any member of the art advisory committee is unable or unwilling to continue to be a member of the committee and that condition continues for more than 30 days, the Board may appoint another trustee to fill the vacancy.

Term of office

(4) The members of the art advisory committee may be appointed for a term not exceeding their term of appointment to the Board.

Quorum

(5) A quorum for the transaction of business is three members of the committee, whether present in person or represented by proxy exercised by another trustee on a committee member’s behalf.

Notice

(6) Notice of the time and place for the holding of a meeting of the committee shall be given to every committee member by sending a notice 14 days or more before the date of the meeting by prepaid mail or personal delivery to each committee member’s latest address as shown on the records of the Corporation.

Same

(7) A notice that is mailed shall be deemed to have been received by the committee member on the 10th day after mailing.

Same

(8) A member of the committee may permit notices required by subsection (6) to be delivered by means other than those mentioned in that subsection.

6. Section 5 of the Act, as amended by the Statutes of Ontario, 1997, chapter 34, section 1, is further amended by adding the following subsections:

Approval by the Minister

(5) No appointment made under subsection (1) nor any removal made under subsection (2) takes effect until the Minister approves it.

Repeal

(6) Subsection (5) is repealed on such day as the Minister, on the advice of the Chair of the Board, may set out in a notice to the Corporation that he or she is satisfied that the collection conforms to section 8 or on the third anniversary of the day subsection (5) comes into force, whichever day is later.

Same

(7) The Minister shall cause the notice given under subsection (5) to be filed as a regulation under the Regulations Act.

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

Nature of collection

8. The Board shall ensure that the collection reflects the cultural heritage of Canada and is comprised of art works and objects and related documentary material created by or about,

(a) Tom Thomson, Emily Carr, David Milne, A.Y. Jackson, Lawren Harris, A.J. Casson, Frederick Varley, Arthur Lismer, J.H. MacDonald and Franklin Carmichael; and

(b) other artists who have been designated by the art advisory committee under clause 4.1 (2) (e) for their contributions to the development of Canadian art.

Commencement

8. This Act comes into force on the day it receives Royal Assent.

Short title

9. The short title of this Act is the McMichael Canadian Art Collection Amendment Act, 2000.