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
Historical version for the period December 13, 2002 to October 18, 2006.
Amended by: 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.
Definitions
1. In this Act,
“Board” means the board of trustees of the Corporation; (“Conseil”)
“collection” means the art works and objects and the documentary materials related thereto held by the Corporation for exhibition or display; (“collection”)
“Corporation” means the corporation continued by section 2; (“organisme”)
“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”) R.S.O. 1990, c. M.4, s. 1; 2000, c. 21, s. 1.
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. 2000, c. 21, s. 2.
McMichael Canadian Collection continued
2. (1) The corporation known as McMichael Canadian Collection is continued as a corporation without share capital. R.S.O. 1990, c. M.4, s. 2 (1).
English name
(2) The English version of the name of the Corporation is changed to McMichael Canadian Art Collection. R.S.O. 1990, c. M.4, s. 2 (2).
French name
(3) The French version of the name of the Corporation is Collection McMichael d’art canadien. R.S.O. 1990, c. M.4, s. 2 (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).
Corporations Act does not apply
(5) The Corporations Act does not apply to the Corporation. R.S.O. 1990, c. M.4, s. 2 (5).
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. 2000, c. 21, s. 3.
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.
Casting vote
(7) The chair shall have a second or casting vote in the event of an equality of votes. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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. 2000, c. 21, s. 3.
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 composed of trustees, employees and volunteers of the Corporation for the control and conduct of its internal affairs. 2000, c. 21, s. 4 (1).
Voting
(2.1) Only trustees may vote on any matter before a committee of the Board. 2000, c. 21, s. 4 (1).
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).
Regulations Act does not apply
(4) The Regulations Act does not apply to by-laws made under this section. R.S.O. 1990, c. M.4, s. 4 (4).
Approval by the Minister
(5) A by-law made under subsection (2) does not take effect until the Minister approves it. 2000, c. 21, s. 4 (2).
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. 2000, c. 21, s. 4 (2).
Same
(7) The Minister shall cause the notice given under subsection (5) to be filed as a regulation under the Regulations Act. 2000, c. 21, s. 4 (2).
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). 2000, c. 21, s. 5.
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. 2000, c. 21, s. 5.
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. 2000, c. 21, s. 5.
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. 2000, c. 21, s. 5.
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. 2000, c. 21, s. 5.
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. 2000, c. 21, s. 5.
Same
(7) A notice that is mailed shall be deemed to have been received by the committee member on the 10th day after mailing. 2000, c. 21, s. 5.
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. 2000, c. 21, s. 5.
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).
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. 2000, c. 21, s. 6.
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. 2000, c. 21, s. 6.
Same
(7) The Minister shall cause the notice given under subsection (5) to be filed as a regulation under the Regulations Act. 2000, c. 21, s. 6.
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 art works, objects and documentary material for the collection;
(b) to preserve and exhibit 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. R.S.O. 1990, c. M.4, s. 7 (1).
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) allow for the interment, in that portion of the real property of the Corporation established as a cemetery under the Cemeteries Act or a predecessor of that Act, of the remains of any artist who was a member of the Group of Seven or of the remains of the spouse of any such artist;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (g) is amended by the Statutes of Ontario, 2002, chapter 33, section 144 by striking out “under the Cemeteries Act or a predecessor of that Act” and substituting “under the Funeral, Burial and Cremation Services Act, 2002 or a predecessor of that Act that related to cemeteries”. See: 2002, c. 33, ss. 144, 154.
(h) allow for the interment, in that portion of the real property of the Corporation established as a cemetery under the Cemeteries Act or a predecessor of that Act, of the remains of Robert McMichael and Signe McMichael. R.S.O. 1990, c. M.4, s. 7 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (h) is amended by the Statutes of Ontario, 2002, chapter 33, section 144 by striking out “under the Cemeteries Act or a predecessor of that Act” and substituting “under the Funeral, Burial and Cremation Services Act, 2002 or a predecessor of that Act that related to cemeteries”. See: 2002, c. 33, ss. 144, 154.
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).
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. 2000, c. 21, s. 7.
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).
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).
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.
Annual report
15. (1) The Board shall make an annual report on the affairs of the Corporation to the Minister. R.S.O. 1990, c. M.4, s. 15 (1).
Idem
(2) The Minister shall submit the report to the Lieutenant Governor in Council who shall then lay the report before the Assembly. R.S.O. 1990, c. M.4, s. 15 (2).
Additional reports
(3) The Board shall prepare reports in addition to the annual report as the Minister may require from time to time. R.S.O. 1990, c. M.4, s. 15 (3).
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