Arts Council Act, R.S.O. 1990, c. A.30

Definitions 1 In this Act, “arts” means the arts of the theatre, literature, music, painting, sculpture, architecture or the graphic arts, and includes any other similar creative or interpretative activity; (“arts”) “Council” means the Ontario Arts Council; (“Conseil”) “Minister” means the Minister of Tourism, Culture and Sport or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act. (“ministre”) R.S.O. 1990, c. A.30, s. 1; 2024, c. 16, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 2, s. 1 (1, 2) - 06/06/2024 Council continued 2 The corporation known as the Province of Ontario Council for the Arts, consisting of a chair, a vice-chair and up to ten other members, is continued under the name of Ontario Arts Council in English and under the name of Conseil des arts de l’Ontario in French. R.S.O. 1990, c. A.30, s. 2; 2023, c. 9, Sched. 2, s. 1; 2024, c. 16, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 2, s. 1- 08/06/2023 2024, c. 16, Sched. 2, s. 2 - 06/06/2024 Appointment 3 The Lieutenant Governor in Council shall appoint the chair, the vice-chair and the other members of the Council, each of whom shall hold office at pleasure for a term of up to three years, except that, of those first appointed, four shall be appointed for a term of one year, four for two years, and four for three years. R.S.O. 1990, c. A.30, s. 3; 2023, c. 9, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 2, s. 2- 08/06/2023 Allowances and expenses 4 The chair, the vice-chair and the other members of the Council may be paid reasonable travelling and living expenses incurred by them while away from their ordinary places of residence on the business of the Council. R.S.O. 1990, c. A.30, s. 4. Quorum 5 A majority of the members of the Council constitutes a quorum whether or not a vacancy exists in the membership of the Council. R.S.O. 1990, c. A.30, s. 5. Objects and powers 6 It is the function of the Council and it has power to promote the study and enjoyment of and the production of works in the arts, and to such end may, (a) assist, co-operate with and enlist the aid of organizations whose objects are similar to the objects of the Council; (b) provide through appropriate organizations or otherwise for grants, scholarships or loans to persons in Ontario for study or research in the arts in Ontario or elsewhere or to persons in other provinces or territories of Canada or any other countries for study or research in the arts in Ontario; (c) make awards to persons in Ontario for outstanding accomplishments in the arts. R.S.O. 1990, c. A.30, s. 6. By-laws 7 The Council may make by-laws regulating its proceedings and generally for the conduct and management of its activities. R.S.O. 1990, c. A.30, s. 7. Meetings 8 The Council shall meet at least four times a year in the City of Toronto on such days as are fixed by the Council, and at such other times and places as the Council considers advisable. R.S.O. 1990, c. A.30, s. 8. Funds 9 (1) Money for the purposes of the Council shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. A.30, s. 9 (1). Idem (2) The Council may acquire money, securities or other property, real or personal, by gift, devise, bequest or otherwise, and may expend, administer or dispose of any such money, securities or other property in the promotion of its objects, subject to the terms, if any, upon which such money, securities or other property were given, devised, bequeathed or otherwise made payable to the Council. R.S.O. 1990, c. A.30, s. 9 (2). Limitation re real property (3) Subsection (2) is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. 2023, c. 5, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 5, Sched. 2, s. 4 - 01/04/2024 Investment committee 10 (1) The Lieutenant Governor in Council may establish an investment committee composed of the chair of the Council, a member of the Council designated by the Council and a person appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. A.30, s. 10 (1). Duties (2) The investment committee shall aid and advise the Council with respect to the investment of any of its money that remains in its hands from time to time. R.S.O. 1990, c. A.30, s. 10 (2). Audit 11 The accounts and financial transactions of the Council shall be audited annually by the Auditor General, and a report of the audit shall be made to the Council and to the Minister. R.S.O. 1990, c. A.30, s. 11; 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32 - 30/11/2004 Immunity of members 11.1 (1) No cause of action arises against a member of the Council 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. 2, s. 3. 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 member of the Council 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. 2, s. 3. Liability of Council preserved (3) Subsections (1) and (2) do not relieve the Council of any liability to which it would otherwise be subject. 2023, c. 9, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 2, s. 3- 08/06/2023 Not-for-Profit Corporations Act, 2010 12 (1) The Not-for-Profit Corporations Act, 2010 applies to the Council, except as prescribed by regulation under subsection (2). 2017, c. 20, Sched. 8, s. 67. Regulations (2) The Lieutenant Governor in Council may make regulations prescribing provisions of the Not-for-Profit Corporations Act, 2010 that do not apply to the Council. 2017, c. 20, Sched. 8, s. 67. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 11, s. 1 - 15/12/2009 2017, c. 20, Sched. 8, s. 67 - 19/10/2021 ______________