McMichael Canadian Art Collection Act, R.S.O. 1990, c. M.4
Skip to contentMcMichael Canadian Art Collection Act
R.S.O. 1990, Chapter M.4
Consolidation Period: From June 8, 2023 to the e-Laws currency date.
Last amendment: 2023, c. 9, Sched. 18.
Legislative History: 1997, c. 34, s. 1; 1998, c. 18, Sched. B, s. 9; 2000, c. 21; 2002, c. 18, Sched. A, s. 13; 2002, c. 33, s. 144; 2006, c. 21, Sched. F, s. 136 (1); 2009, c. 33, Sched. 11, s. 5; 2011, c. 16; 2017, c. 20, Sched. 8, s. 93; 2023, c. 9, Sched. 18.
Definitions
1 In this Act,
“Board” means the board of trustees of the Corporation; (“Conseil”)
“collection” means the art works and objects and the related documentary materials held by the Corporation for exhibition or display; (“collection”)
“Corporation” means the corporation continued by section 2; (“organisme”)
“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”) R.S.O. 1990, c. M.4, s. 1; 2000, c. 21, s. 1; 2011, c. 16, s. 1.
Section Amendments with date in force (d/m/y)
2000, c. 21, s. 1 - 2/11/2000
2011, c. 16, s. 1 (1, 2) - 1/06/2011
1.1 Repealed: 2011, c. 16, s. 2.
Section Amendments with date in force (d/m/y)
2000, c. 21, s. 2 - 2/11/2000
2011, c. 16, s. 2 - 1/06/2011
Corporation continued
2 (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. 2011, c. 16, s. 3.
(2), (3) Repealed: 2011, c. 16, s. 3.
Fiscal year
(4) The fiscal year of the Corporation commences on the 1st day of April in each year and ends on the 31st day of March in the following year. R.S.O. 1990, c. M.4, s. 2 (4).
Not-for-Profit Corporations Act, 2010
(5) The Not-for-Profit Corporations Act, 2010 does not apply to the Corporation, except as prescribed by regulation under subsection (6). 2017, c. 20, Sched. 8, s. 93.
Regulations
(6) The Lieutenant Governor in Council may make regulations prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Corporation. 2017, c. 20, Sched. 8, s. 93.
Section Amendments with date in force (d/m/y)
2011, c. 16, s. 3 - 1/06/2011
2017, c. 20, Sched. 8, s. 93 - 19/10/2021
Composition of Board
3 (1) The Board shall consist of up to 23 trustees appointed by the Lieutenant Governor in Council. 2000, c. 21, s. 3; 2011, c. 16, s. 4 (1).
Number
(2) The Lieutenant Governor in Council may from time to time determine the number of trustees to be appointed. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
Quorum
(6) A majority of the trustees constitutes a quorum of the Board. 2000, c. 21, s. 3.
(7) Repealed: 2011, c. 16, s. 4 (2).
Section Amendments with date in force (d/m/y)
2000, c. 21, s. 3 - 2/11/2000
2011, c. 16, s. 4 (1, 2) - 1/06/2011
3.1 Repealed: 2011, c. 16, s. 5.
Section Amendments with date in force (d/m/y)
2000, c. 21, s. 3 - 2/11/2000
2011, c. 16, s. 5 - 1/06/2011
Powers of Board
4 (1) The affairs of the Corporation shall be under the control of the Board and the Board has all the powers necessary to perform its duties and to achieve the objects of the Corporation. R.S.O. 1990, c. M.4, s. 4 (1).
By-laws
(2) The Board may make by-laws regulating its proceedings and establishing committees for the control and conduct of its internal affairs. 2000, c. 21, s. 4 (1); 2011, c. 16, s. 6 (1).
(2.1) Repealed: 2011, c. 16, s. 6 (2).
Committees
(3) A by-law establishing a committee of the Board may delegate to the committee such powers and duties of the Board as are determined in the by-law. R.S.O. 1990, c. M.4, s. 4 (3).
Legislation Act, 2006, Part III
(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws made under this section. R.S.O. 1990, c. M.4, s. 4 (4); 2006, c. 21, Sched. F, s. 136 (1).
(5)-(7) Repealed: 2011, c. 16, s. 6 (3).
Section Amendments with date in force (d/m/y)
2000, c. 21, s. 4 (1) - 2/11/2000; 2000, c. 21, s. 4 (2) - 2/11/2000 - see 2011, c. 16, s. 6 (3) - 1/06/2011
2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
2011, c. 16, s. 6 (1-3) - 1/06/2011
4.1 Repealed: 2011, c. 16, s. 7.
Section Amendments with date in force (d/m/y)
2000, c. 21, s. 5 - 2/11/2000
2011, c. 16, s. 7 - 1/06/2011
Appointment of Director
5 (1) The Board shall appoint a Director who shall be responsible for the management and administration of the Corporation, subject to the supervision and direction of the Board. R.S.O. 1990, c. M.4, s. 5 (1); 1997, c. 34, s. 1 (1).
Removal of Director
(2) The Board may remove the Director. R.S.O. 1990, c. M.4, s. 5 (2); 1997, c. 34, s. 1 (2).
Employees
(3) The Director shall appoint such employees as the Director considers necessary from time to time for the proper conduct of the business of the Corporation. R.S.O. 1990, c. M.4, s. 5 (3).
Salaries
(4) The Board shall fix and pay the salaries or other remuneration and benefits and provide for the retirement and superannuation of employees. R.S.O. 1990, c. M.4, s. 5 (4).
(5)-(7) Repealed: 2011, c. 16, s. 8.
Section Amendments with date in force (d/m/y)
1997, c. 34, s. 1 (1, 2) - 18/12/1997
2000, c. 21, s. 6 - 2/11/2000 - see 2011, c. 16, s. 8 - 1/06/2011
2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
2011, c. 16, s. 8 - 1/06/2011
Corporation Crown agency
6 The Corporation is an agent of Her Majesty and its powers may be exercised only as an agent of Her Majesty and all property acquired by the Corporation is the property of Her Majesty. R.S.O. 1990, c. M.4, s. 6.
Objects
7 (1) The objects of the Corporation are,
(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;
(b) to exhibit art works, objects and documentary materials, including but not limited to the collection;
(c) to conduct research on and provide documentation for the collection;
(d) to stimulate interest in the collection;
(e) to conduct activities in order to enhance and complement the collection;
(f) to hold, maintain and use the land described in the Schedule to the McMichael Canadian Collection Act, being chapter 259 of the Revised Statutes of Ontario, 1980, as a permanent site for a public gallery and related facilities for the collection;
(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 Funeral, Burial and Cremation Services Act, 2002 and any other applicable legislation. R.S.O. 1990, c. M.4, s. 7 (1); 2011, c. 16, s. 9 (1-5).
Idem
(2) The Corporation may for the purpose of furthering its objects,
(a) acquire, hold, maintain, use or dispose of property;
(b) with the approval of the Lieutenant Governor in Council, erect buildings and structures on lands that are not owned by the Corporation;
(c) establish and collect fees as it considers necessary;
(d) lend any part of the collection for public exhibition, subject to such conditions as the Corporation may impose;
(e) conduct exhibitions, programs and special events;
(f) enter into agreements.
(g) Repealed: 2011, c. 16, s. 9 (7).
(h) Repealed: 2011, c. 16, s. 9 (8).
R.S.O. 1990, c. M.4, s. 7 (2); 2011, c. 16, s. 9 (6-8).
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). 2011, c. 16, s. 9 (9).
Borrowing money
(3) Despite clause (2) (a), the Corporation shall not borrow money unless a guarantee is provided under section 12. R.S.O. 1990, c. M.4, s. 7 (3).
Disposal of work and land
(4) Despite clause (2) (a), no work of art or land donated by either Robert McMichael or Signe McMichael shall be disposed of by the Corporation. R.S.O. 1990, c. M.4, s. 7 (4).
Section Amendments with date in force (d/m/y)
2002, c. 33, s. 144 - 1/07/2012
2011, c. 16, s. 9 (1-4, 6-9) - 1/06/2011; 2011, c. 16, s. 9 (5) - 1/07/2012
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. 2011, c. 16, s. 10.
Section Amendments with date in force (d/m/y)
2000, c. 21, s. 7 - 2/11/2000
2011, c. 16, s. 10 - 1/06/2011
Fund
9 (1) The Board may establish and maintain such funds as it considers necessary and appropriate for the management of the Corporation. R.S.O. 1990, c. M.4, s. 9 (1).
Investment
(2) Sections 27 to 31 of the Trustee Act apply, with necessary modifications, to the investment of money of the Corporation. 1998, c. 18, Sched. B, s. 9; 2002, c. 18, Sched. A, s. 13 (1).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. B, s. 9 - 1/07/1999
2002, c. 18, Sched. A, s. 13 (1) - 29/06/2001
Remuneration, trustee
10 A trustee shall not receive remuneration for services rendered but shall be reimbursed for proper and reasonable travelling and other expenses incurred in the work of the Board. R.S.O. 1990, c. M.4, s. 10.
Grants
11 The Minister may make grants to the Corporation upon such terms and conditions as the Minister considers advisable. R.S.O. 1990, c. M.4, s. 11.
Guarantee of loans
12 (1) The Lieutenant Governor in Council may, upon such terms as the Lieutenant Governor in Council considers proper, agree to guarantee and may guarantee the payment of any loan to the Corporation or any part thereof together with interest thereon borrowed for the purpose of carrying out the objects of the Corporation. R.S.O. 1990, c. M.4, s. 12 (1).
Form of guarantee
(2) The form and manner of the guarantee shall be such as the Lieutenant Governor in Council approves. R.S.O. 1990, c. M.4, s. 12 (2).
Idem
(3) The guarantee shall be signed by the Minister of Finance or such other officer or officers as are designated by the Lieutenant Governor in Council and, upon being so signed, the Province of Ontario is liable for the payment of the loan or part thereof and interest thereon guaranteed according to the terms of the guarantee. R.S.O. 1990, c. M.4, s. 12 (3); 2002, c. 18, Sched. A, s. 13 (2).
Payment of guarantee
(4) The Lieutenant Governor in Council may pay out of the Consolidated Revenue Fund the money necessary to satisfy any liability of the Province of Ontario under the guarantee. R.S.O. 1990, c. M.4, s. 12 (4).
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. A, s. 13 (2) - 26/11/2002
Tax exemption
13 Real property owned, leased to or occupied by the Corporation is not liable to taxation for municipal or school purposes if it is actually used and occupied for the purposes of the Corporation. R.S.O. 1990, c. M.4, s. 13.
Audit
14 The financial statements of the Corporation shall be audited annually by an auditor appointed by the Board and a report of the audit shall be made to the Board and to the Minister. R.S.O. 1990, c. M.4, s. 14.
Immunity of trustees
15 (1) No cause of action arises against a trustee of the Corporation as a result of any act done in good faith in the performance or intended performance of his or her duties or any alleged neglect or default in the performance in good faith of his or her duties. 2023, c. 9, Sched. 18, s. 1.
No proceeding
(2) No proceeding, including but not limited to a proceeding for a remedy in contract, restitution, tort or trust, shall be instituted against a trustee of the Corporation by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (1). 2023, c. 9, Sched. 18, s. 1.
Liability of Corporation preserved
(3) Subsections (1) and (2) do not relieve the Corporation of any liability to which it would otherwise be subject. 2023, c. 9, Sched. 18, s. 1.
Section Amendments with date in force (d/m/y)
2009, c. 33, Sched. 11, s. 5 - 15/12/2009
2023, c. 9, Sched. 18, s. 1 - 08/06/2023
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