Bill C-34

59 ELIZABETH II

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CHAPTER 7

An Act to amend the Museums Act and to make consequential amendments to other Acts

[Assented to 29th June, 2010]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Creating Canada’s New National Museum of Immigration at Pier 21 Act.

MUSEUMS ACT

2. The Museums Act is amended by adding the following after section 15.3:

15.4 (1) There is established a corporation to be called the Canadian Museum of Immigration at Pier 21.

(2) The Canadian Museum of Immigration at Pier 21 shall include any affiliated museums that the Board of the Canadian Museum of Immigration at Pier 21 may, by by-law, establish with the approval of the Governor in Council.

15.5 The purpose of the Canadian Museum of Immigration at Pier 21 is to explore the theme of immigration to Canada in order to enhance public understanding of the experiences of immigrants as they arrived in Canada, of the vital role immigration has played in the building of Canada and of the contributions of immigrants to Canada’s culture, economy and way of life.

15.6 (1) In furtherance of its purpose, the Canadian Museum of Immigration at Pier 21 has, subject to this Act, the capacity of a natural person and, elsewhere than in Quebec, the rights, powers and privileges of a natural person. In particular, but without limiting the generality of the foregoing, the Canadian Museum of Immigration at Pier 21 may

(a) collect museum material related to immigration;

(b) maintain its collection by preservation, conservation or restoration or the establishment of records or documentation;

(c) sell, exchange, give away, destroy or otherwise dispose of museum material in its collection and use any revenue obtained from that disposal to further its collection;

(d) lend or borrow museum material on long- or short-term loan;

(e) organize, sponsor, arrange for or participate in travelling exhibitions, in Canada or internationally, of museum material in its collection or from other sources;

(f) undertake or sponsor any research related to its purpose or to museology and communicate the results of that research;

(g) provide facilities to permit qualified individuals to use or study its collection;

(h) promote knowledge and disseminate information related to its purpose, throughout Canada and internationally, by any appropriate means of education and communication;

(i) establish and foster links with other organizations that have a purpose similar to its own;

(j) share the expertise of its staff by undertaking or sponsoring training and apprenticeship programs that relate to its purpose;

(k) provide or arrange for professional and technical services to any other organization that has a purpose similar to its own;

(l) acquire property by gift, bequest or otherwise and hold in trust or otherwise, expend, invest, administer and dispose of that property;

(m) develop, operate and maintain branches or exhibition centres;

(n) operate restaurants, lounges, parking facilities, shops and other facilities for the use of the public;

(o) lease or otherwise make available any of its facilities to other persons; and

(p) charge for goods, services and admission and use the revenue so obtained for its own purposes.

(2) The Canadian Museum of Immigration at Pier 21 may not deal with property otherwise than in accordance with the terms, if any, on which it was acquired or is held.

3. (1) Subsection 23(1) of the Act is replaced by the following:

23. (1) Subject to subsections (1.1) and (1.2), there shall be a Director of each museum who shall be appointed, with the approval of the Governor in Council, by the museum’s Board to hold office during pleasure for a term of not more than five years.

(2) Section 23 of the Act is amended by adding the following after subsection (1.1):

(1.2) The Governor in Council shall, by order, on the recommendation of the Minister, appoint the first Director of the Canadian Museum of Immigration at Pier 21 to hold office during pleasure for a term of not more than five years.

(3) Subsection 23(5) of the Act is replaced by the following:

(5) Subject to subsections (5.1) and (5.2), the Director shall be paid by the museum any remuneration that the Board, with the approval of the Governor in Council, may determine.

(4) Section 23 of the Act is amended by adding the following after subsection (5.1):

(5.2) The first Director of the Canadian Museum of Immigration at Pier 21 shall be paid by that museum for the duration of his or her first term of office any remuneration that the Governor in Council may, by order, on the recommendation of the Minister, determine.

TRANSITIONAL PROVISION

4. Subject to approval by the Governor in Council of the corporate plan of the Canadian Museum of Immigration at Pier 21, the Minister of Canadian Heritage may make payments out of the Consolidated Revenue Fund in an aggregate amount not exceeding $15 million to the museum for operating and capital expenditures that it incurs in the first 12 months after the coming into force of this Act. That amount may be modified by any appropriation Act.

CONSEQUENTIAL AMENDMENTS

Access to Information Act

5. Paragraph 68(c) of the Access to Information Act is replaced by the following:

(c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions.

6. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian Museum of Immigration at Pier 21

Expenditure Restraint Act

7. Schedule I to the Expenditure Restraint Act is amended by adding the following in alphabetical order:

Canadian Museum of Immigration at Pier 21

Financial Administration Act

8. Part I of Schedule III to the Financial Administration Act is amended by adding the following in alphabetical order:

Canadian Museum of Immigration at Pier 21

Privacy Act

9. Paragraph 69(1)(b) of the Privacy Act is replaced by the following:

(b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions.

10. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian Museum of Immigration at Pier 21

Public Sector Compensation Act

11. Schedule II to the Public Sector Compensation Act is amended by adding the following in alphabetical order:

Canadian Museum of Immigration at Pier 21

Public Service Superannuation Act

12. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Canadian Museum of Immigration at Pier 21

COMING INTO FORCE

13. This Act comes into force on a day to be fixed by order of the Governor in Council.