Creative Nova Scotia Leadership Council Act

CHAPTER 34

OF THE

ACTS OF 2011

amended 2012, c. 8, ss. 6-8

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An Act to Establish
the Creative Nova Scotia Leadership Council —
Conseil de leadership pour
la création en Nouvelle-Écosse

Short title

1 This Act may be cited as the Creative Nova Scotia Leadership Council Act. 2011, c. 34, s. 1.

Interpretation

2 In this Act,

(a) "by-law" means a resolution of the Council designated by the Council as a by-law and passed by a majority of at least two thirds of the Council;

(b) "Council" means the Creative Nova Scotia Leadership Council — Conseil de leadership pour la création en Nouvelle-Écosse established by this Act;

(c) "creative" includes all aspects of Nova Scotia's culture sector and culturally diverse and vibrant communities;

(d) "member" means a member of the Creative Nova Scotia Leadership Council;

(e) "Minister" means the Minister of Communities, Culture and Heritage. 2011, c. 34, s. 2.

Supervision of Act

3 The Minister has the general supervision and management of this Act. 2011, c. 34, s. 3.

Creative Nova Scotia Leadership Council —
Conseil de leadership pour la création en Nouvelle-Écosse

4 There is hereby established a body corporate to be known as the Creative Nova Scotia Leadership Council — Conseil de leadership pour la création en Nouvelle-Écosse. 2011, c. 34, s. 4.

Objects

5 The objects of the Council are to provide advice to government on matters related to

(a) promoting cultural vibrancy in the Province;

(b) encouraging community spirit through creative endeavours and pursuits throughout the Province;

(c) undertaking activities that facilitate the development, promotion and preservation of arts and culture and cultural activity throughout the Province;

(d) educating the public regarding the cultural, recreational, educational, social and economic importance of culture and the uniqueness of Nova Scotians' diverse cultural identities;

(e) investing in cultural development, the cultural industries and cultural activity;

(f) researching matters relating to the creative economy and the culture sector; and

(g) existing or new cultural policy. 2011, c. 34, s. 5.

Composition of Council and term of appointment

6 (1) The Council shall consist of no more than sixteen members and be composed of the following:

(a) no more than thirteen members appointed by the Minister upon recommendation of the nominating committee established pursuant to Section 7;

(b) two members from staff within the Department of Communities, Culture and Heritage appointed by the Minister upon recommendation from the Deputy Minister; and

(c) one non-voting member appointed by Arts Nova Scotia - Arts Nouvelle-Écosse.

(2) Appointments made pursuant to subsection (1) shall be for a term not exceeding three years.

(3) Subject to subsection (4), a member may be re-appointed except that no person may serve more than six consecutive years.

(4) Members who serve for six consecutive years may be eligible for re-appointment after a one-year absence from the Council.

(5) The Chair may appoint persons who are not members to serve on Council committees if approved by a two-thirds majority vote of the members. 2011, c. 34, s. 6; 2012, c. 8, s. 6.

Nominating committee

7 There shall be a nominating committee of the Council consisting of the Chair and at least three members of the Council. 2011, c. 34, s. 7.

Communities to be represented

8 (1) The membership of the Council must reflect the diversity found within the Province's culture community.

(2) When possible, the members should include representatives of differing art disciplines, generations and Nova Scotia's cultural mosaic, members from African Nova Scotia, Mi'kmaq and Acadian communities and equal representation between women and men. 2011, c. 34, s. 8.

Executive Committee

9 (1) The Council shall, by a two-thirds majority vote of the members, annually elect the Chair and Vice-chair and other officers as determined by the members.

(2) The terms of office begin and end with the Council's annual general meeting.

(3) The Chair, Vice-chair and at least one other appointed member and the two departmental appointees comprise the Executive Committee.

(4) The Executive Committee shall establish and manage the Council's agenda and perform other duties as assigned by the Council. 2011, c. 34, s. 9; 2012, c. 8, s. 7.

Meetings

10 The Council shall meet regularly at least four times a year on such dates and at such times and places as are determined by a two-thirds majority vote of the members. 2011, c. 34, s. 10.

Attendance

11 Where a member fails to attend three consecutive regular meetings of the Council without an excuse acceptable to the Chair and the Executive Committee members, the Chair may recommend to the Minister that the member's appointment be revoked and the Minister may revoke that member's appointment regardless of whether the Minister made the appointment. 2011, c. 34, s. 11; 2012, c. 8, s. 8.

Quorum

12 A majority of the members constitutes a quorum. 2011, c. 34, s. 12.

Effect of vacancy

13 A vacancy on the Council does not impede the right of the remaining members to act. 2011, c. 34, s. 13.

Expenses

14 A member or a person serving on a committee of the Council is entitled to be reimbursed for reasonable expenses necessarily incurred. 2011, c. 34, s. 14.

Status of Council

15 The Council is a department for the purpose of the definition of "department" in the Conflict of Interest Act and, for greater certainty, Section 22 of that Act applies to the members of the Council. 2011, c. 34, s. 15.

By-laws

16 The Council may, with the approval of the Minister, make by-laws regulating its proceedings respecting the conduct and management of its activities and the establishment of such committees as it deems necessary to assist in carrying out its objects and duties. 2011, c. 34, s. 16.

Fiscal year

17 The fiscal year of the Council is the same as the fiscal year of the Province. 2011, c. 34, s. 17.

Annual Report

18 No later than June 30th of each year, the Chair shall submit to the Minister a report for the previous fiscal year. 2011, c. 34, s. 18.

Regulations

19 (1) The Governor in Council may make regulations

(a) defining any word or expression used in this Act but not defined in this Act;

(b) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) Regulations made pursuant to subsection (1) may be of general or specific application.

(3) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 2011, c. 34, s. 19.

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