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This version is current as of December 16, 2014.
It has been in effect since January 01, 2006.

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C.C.S.M. c. P220

The Public Libraries Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"advisory board" means The Public Library Advisory Board appointed under section 2; (« conseil consultatif »)

"board" or "library board" means a board appointed under this Act to have the administration, management, supervision, charge, or control, of a library or to exercise any powers and discharge any duties herein granted to, or charged on, a municipal or regional library board; (« conseil d'administration » ou « conseil d'administration de bibliothèque »)

"central library" means a central library established by the Lieutenant Governor in Council; (« bibliothèque centrale »)

"council of a municipality" includes, subject to The Local Government Districts Act, a local committee of a local government district; (« conseil d'une municipalité »)

"director" means the Director of Libraries appointed under section 5; (« directeur »)

"library" means a collection of books, periodicals, magazines, and other printed works, and film, phonograph records, and any related medium for the preservation and diffusion of knowledge, or any of them, intended for circulation or reference; (« bibliothèque »)

"minister" means the member of the Executive Council designated by the Lieutenant Governor in Council as the minister responsible for the administration of this Act; (« ministre »)

"municipality" means a municipality as defined in The Municipal Act and includes, subject to The Local Government Districts Act, a local government district; (« municipalité »)

"rateable property" means real or personal property that is assessable property, as defined in The Municipal Assessment Act, and that,

(a) under The Municipal Assessment Act, is subject to taxation, or

(b) is not subject to taxation and for which a grant is made in the place of taxes. (« biens taxables »)

"regional library" means a library established under Part III, and includes a library service maintained by means of a main library, branches, deposit stations, book exchanges, book-mobile, post, or any other medium of circulation;  (« bibliothèque régionale »)

"voter" means a person eligible to vote at an election of members of a municipal council. (« électeur »)

S.M. 1989-90, c. 24, s. 90; S.M. 1996, c. 58, s. 467; S.M. 2005, c. 27, s. 161.

PART I

ADVISORY BOARD AND DIRECTOR

Continuation of board

2(1)        The Public Library Advisory Board, consisting of not more than six members appointed by order of the Lieutenant Governor in Council, one of whom shall be appointed from among persons nominated by The Senate of The University of Manitoba, and also the following ex officio members:

(a) the deputy to the minister or any other person employed by the government under the minister designated for the purpose from time to time by the minister; and

(b) the director,

is continued.

Term of office of members

2(2)        Each appointed member of the advisory board, unless he sooner resigns or is removed from office, and unless a shorter term is fixed by the Lieutenant Governor in Council, shall hold office for three years from the date upon which his appointment becomes effective under the order in council appointing him, and thereafter until his successor is appointed.

Re-appointment of members

2(3)        A person appointed as a member of the advisory board may be re-appointed for a second term; but no person shall serve as a member of the advisory board for more than two consecutive terms; but a person who has previously been a member of the advisory board for two consecutive terms may, after three years from the date his last previous term as a member expired, be appointed as a member of the advisory board for a further term of office.

Payment of expenses

2(4)        No member of the advisory board shall be paid any salary, but each member shall be paid, out of moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act, such actual travelling and other out-of-pocket expenses necessarily incurred by him in the discharge of his duties as may be approved by the Minister of Finance.

Election of chairman

2(5)        At its first meeting in each year the advisory board shall elect one of the members thereof to be chairman of the advisory board for that year.

Recommendations to minister

3           The advisory board may advise, and make recommendations to the minister, upon all matters to which this Act refers, or arising out of the operation thereof.

Regulations

4           For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such rules, regulations and orders as are ancillary thereto and are not inconsistent therewith; and every rule, regulation, or order made under, and in accordance with the authority granted by, this Act has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make rules, regulations, and orders,

(a) the maintenance of standards in respect to the establishment, organization, management, and accommodation, of libraries established and operated under this Act;

(b) the allocation among libraries, subject to such terms and conditions as may be prescribed in the rules, regulations or orders, of moneys appropriated by an Act of the Legislature for the purposes of this Act or for public library services;

(c) the administration of gifts or grants made for the purpose of this Act;

(d) the making of such surveys as he may deem necessary or advisable for the purpose of obtaining information to assist in the formulation of policies respecting matters to which this Act relates;

(e) the establishment and maintenance of, or co-operation with other organizations in establishing and maintaining, classes in librarianship;

(f) the establishment of a central library;

(g) the operation of an open shelf and travelling library service for outlying districts not otherwise served, on a basis or system whereby beneficiaries of the service shall pay such amounts for the use and benefit thereof as may be fixed in the regulations;

(h) the promotion of the co-ordination and co-operation of all library services in the province, and participation in national library services;

(i) the certification of librarians; and

(j) the organization and procedure of the advisory board.

Appointment of Director of Libraries and staff

5           A Director of Libraries and such other officers and employees as may be required to carry out the purposes of this Act may be appointed as provided in The Civil Service Act.

Duties of director

6           The director shall

(a) perform such duties as are assigned to him by order of the Lieutenant Governor in Council for the purpose of achieving the objects, and carrying out the provisions, of this Act;

(b) annually make a report to the minister respecting all matters to which this Act relates, and the activities carried on thereunder.

Grants

7           From the Consolidated Fund, with moneys authorized by an Act of the Legislature to be paid and applied for libraries and historical research, the Minister of Finance, on the requisition of the minister, may make grants to regional libraries and to municipal public libraries established under this Act or any other Act of the Legislature, of such amounts as may be allocated pursuant to clause 4(b).

Date of eligibility for grants

8           Where

(a) a by-law is passed under section 9; or

(b) a by-law is passed under section 22 and an agreement is thereafter made under section 23;

the municipal public library or the regional library, as the case may be, to which the by-law passed under section 9 or the agreement made under section 23 relates shall be eligible for grants under this section on April 1 next following the date at which the by-law is passed under section 9 or under section 22 as the case may be.

PART II

MUNICIPAL PUBLIC LIBRARIES

Establishment of municipal library

9(1)        Subject to subsection (3), the council of a municipality may, by by-law, establish a municipal public library in the municipality.

Petition for municipal library

9(2)        Where the council of a municipality receives a petition signed by not less than 8% of the voters on the voters list for the municipality requesting the establishment of a public library in the municipality, the council of the municipality may give first and second reading to a by-law to establish a municipal public library in the municipality and, upon receiving approval of the minister, and authorization of The Municipal Board, as required under subsection (3), shall give third and final reading and shall pass the by-law.

Approval for by-laws

9(3)        By-laws shall not be passed under this section unless

(a) it has been approved by the minister; and

(b) it has been authorized by The Municipal Board.

S.M. 2005, c. 27, s. 161.

Establishment of library in a certain local government district

10(1)       With the approval of the member of the Executive Council charged with the administration of The Municipal Act, the resident administrator of a local government district may, by by-law, establish a municipal public library within the local government district of which he is appointed resident administrator.

Petition and approval by minister

10(2)       Where a resident administrator of a local government district receives a petition signed by not less than 200 resident voters of the local government district requesting the establishment of a library, he may forward the petition to the member of the Executive Council charged with the administration of The Municipal Act, and, if that member of the Executive Council approves the petition, the resident administrator shall, by by-law, establish a municipal public library within the local government district.

S.M. 2005, c. 27, s. 161.

Establishment of library and levy of tax

11          On the passing of a by-law under section 9 the council of the municipality shall

(a) establish, equip, and maintain, a public library; or

(b) contribute the whole or part of the cost of maintaining and supporting a library already established; or

(c) authorize the proper officers of the municipality, on behalf of, and in the name of, the municipality, to enter into an agreement to provide library service to the residents of the municipality or some of them;

as may be authorized by the by-law; and shall annually levy and collect, as a special rate, a library tax on the assessed value of the lands or other rateable property, or both, in the municipality for the purposes authorized by the by-law.

Levy of tax

12          Upon the passing of a by-law under section 10, the resident administrator of the local government district concerned shall establish, equip, and maintain a library within the local government district of which he is resident administrator and shall annually levy and collect, as a special rate, a library tax on the assessed value of the lands or other rateable property, or both, in the local government district for the purposes authorized by the by-law.

Separate fund

13(1)       The moneys collected under the tax levied under section 11 are a library fund and shall be kept separate from other moneys of the municipality; and shall be used only for purposes authorized by the by-law.

Disposition of fund

13(2)       The moneys in the library fund shall, from time to time as required, be paid over to the municipal library board by the treasurer of the municipality upon requisition by the board.

Authority of municipality to borrow money

14(1)       Subject to The Municipal Act, a municipality that has passed a by-law under section 9 may pass a by-law for contracting debts by borrowing money, and, if necessary, for issuing debentures and levying rates on the rateable property within the municipality for the payment of the debts, for the purpose of erecting, acquiring, purchasing, altering, improving, furnishing, equipping, reconstructing, or adding to, a building or mobile library unit for the public library.

Rate in addition to special levy

14(2)       Any rate levied under a by-law passed under subsection (1) is in addition to the library tax levied as a special rate under section 11.

Appointment of municipal library board

15(1)       Upon the passing of a by-law under section 9 the council of the municipality, at its first meeting thereafter, shall appoint a municipal library board of three, five, or seven members for the government, supervision, and control, of the library.

Membership of board

15(2)       The board shall be composed of one member of the council and either two, four, or six other voters of the municipality selected with reference to their fitness for such office.

Service gratis

15(3)       No member of the board shall receive any remuneration for his services.

S.M. 2005, c. 27, s. 161.

Appointment of board

16(1)       The Lieutenant Governor in Council shall appoint a board for the government, supervision, and control of each library established by such local government districts mentioned in section 10.

Membership of board

16(2)       The board appointed under subsection (1) for each local government district concerned shall be composed of the resident administrator and not less than two nor more than six other residents of the local government district; and no member of the board shall receive any remuneration for his services.

Term of office

16(3)       The term of office of each member of a board appointed under subsection (1), except that of the resident administrator, shall be prescribed by the Lieutenant Governor in Council.

Application of secs. 19, 20, and 21

16(4)       Section 19, 20, and 21, with such modifications as the circumstances require, apply to a board appointed under subsection (1).

Term member of council

17(1)       The member of the board appointed from the council of the municipality shall hold office until the end of the year during which he is appointed and thereafter until his successor is appointed.

Term non-member of council

17(2)       Subject to subsections (3) and (4), the term of office of each member of the board, other than the member appointed from the council shall be a period of two years and shall begin on the day on which he is appointed.

First members

17(3)       Of the members of the board first appointed, other than the member appointed from the council, one-half shall be appointed for a term of one year and thereafter until their successors are appointed, and the other half shall be appointed for a term of two years and thereafter until their successors are appointed.

Filling of vacancies

17(4)       Where a vacancy in the membership of a board occurs by reason of the death or resignation of a member, or from any cause other than the expiration of the term for which the member was appointed, the council of the municipality, at its first meeting after the vacancy has occurred, shall appoint a new member to fill the vacancy; and the member so appointed shall hold office for the remainder of the term of the member in whose place he is appointed and thereafter until his successor is appointed.

Appointments by municipal council

17(5)       The council at its first meeting in each year shall appoint members of the board to succeed those members whose term of office expires during that year.

Re-appointment

17(6)       Members of the board whose term of office has expired shall be eligible for re-appointment.

Separate fund and disposition thereof

18          The moneys collected under section 12 shall be kept separate from other moneys of the local government district concerned and shall be paid over to the board appointed under section 16 to be used only for the purposes authorized by the by-law under section 10.

Appointment of chairman

19(1)       The board, at its first meeting in each year, shall appoint one of its members to be chairman.

Presiding officer

19(2)       The chairman shall preside at all meetings of the board at which he is present, and in his absence the members of the board present at the meeting may appoint one of their number to be chairman of the board for that meeting.

Right of chairman to vote

19(3)       The chairman has the same right of voting as any other member of the board and no other.

Bi-monthly meetings

20(1)       The board shall meet at least six times in each year; and at least one month but not more than two months shall elapse between regular meetings of the board in each year and between the last regular meeting in each year and the first meeting in the next year; but nothing herein prevents the holding of a special meeting as hereinafter provided.

Quorum

20(2)       A majority of the members of the board constitute a quorum for any meeting of the board.

Special meetings

20(3)       The chairman, or any two members may summon a special meeting of the board by giving at least two days' notice in writing to each member, stating the purpose for which the meeting is called.

Duties of board

21          Subject to this Act and the regulations, the board shall

(a) govern, supervise, control, operate, and manage a municipal public library established by the council of the municipality;

(b) make such rules and regulations to govern its own procedure, and for the government, supervision, control, operation, and management of the library as it may deem expedient;

(c) on or before January 15 in each year, lay before the municipal council a detailed estimate of the sums required by the board for the current calendar year to meet the expenses of operating, managing, and maintaining, the library;

(d) have exclusive control of the expenditure of all moneys collected under the tax levied under section 11, or provided by the council of the municipality for the purposes of the library, and of all moneys donated or bequeathed to the board for library purposes, and of all other revenue of the board;

(e) appoint and, where it deems it necessary, dismiss or suspend a librarian and assistants, prescribe rules for their conduct, and fix their compensation;

(f) keep proper accounts of the receipts, payments, credits, assets, and liabilities of the board and submit its accounts to be audited by the municipal auditor in like manner, and at the same time, as the accounts of the municipality, and lay such accounts when audited before the council of the municipality; and

(g) submit to the minister, not later than January 31 in each year, a report of its activities for the preceding calendar year in such form as the minister may prescribe.

PART III

REGIONAL LIBRARIES

Establishment

22(1)       The councils of two or more municipalities may, in the manner herein provided, establish a regional library.

Petition for regional library

22(2)       Where the council of two or more municipalities receive a petition signed by not less than 8% of the voters on the voters list of each of those municipalities, requesting the establishment of a regional library, the council of each, of those municipalities may give first and second reading to a by-law to establish a regional library, and upon receiving approval of the minister and authorization of The Municipal Board as required under subsection (4), shall give third and final reading and shall pass the by-law.

Authority for agreement

22(3)       The by-law shall require the proper officers of the municipality, on behalf of, and in the name of, the municipality, to negotiate and execute an agreement between the municipality and each other municipality the council of which has passed a like by-law under this section, for the establishment, maintenance, and operation, of a regional library as hereinafter provided.

Approval of by-law

22(4)       The council of a municipality shall not pass a by-law under subsection (2) unless

(a) it has been approved by the minister; and

(b) it has been authorized by The Municipal Board.

Title to property

22(5)       Upon the establishment of a regional library, title to any real property respecting such regional library may be held in the joint names of the municipalities establishing the library.

22(6)       Repealed, S.M. 1996, c. 58, s. 467.

S.M. 1996, c. 58, s. 467; S.M. 2005, c. 27, s. 161.

Making of agreement

23(1)       The proper officers of each municipality the council of which has passed a by-law under section 22 shall forthwith, on behalf of, and in the name of, the municipality, negotiate and execute an agreement between the municipality and each other municipality the council of which has passed a like by-law, for the purposes mentioned in the by-law.

Terms of agreement

23(2)       The agreement shall provide for

(a) the establishment of a regional library;

(b) the appointment of a regional library board;

(c) the ascertainment of the cost of establishing, maintaining, and operating the regional library, and the annual apportionment to each municipality of its proper share thereof;

as herein provided; and shall contain such other provisions as may be required by this Act, or as may be deemed necessary or advisable and are not inconsistent with this Act.

Membership of regional board

24(1)       A regional library board shall consist of two or three members from each municipality that is a party to the agreement establishing the library.

One member to be a councillor

24(2)       Of the members comprising a regional library board under subsection (1), one member from each municipality represented on a board shall be a member of the council of the municipality.

Appointment of first members

24(3)       The council of each municipality that is a party to the agreement shall, at its first meeting after the passing of the by-law under section 22, appoint the members of the board who represent the municipality.

Annual appointment of members

24(4)       The council of each municipality that is a party to the agreement shall, at its first meeting in each year, appoint the members of the board representing the municipality who succeed those members representing the municipality whose terms of office expire in that year.

No remuneration

24(5)       No member of the board shall receive any remuneration for his services.

Term of office of council members

24(6)       Each member of the board who is a member of the council of the municipality shall hold office until the end of the year in which he is appointed and thereafter until his successor is appointed.

Term of office of non-council members

24(7)       Subject to subsection (8) the term of office of each member of the board who is not a member of the council of a municipality shall be a period of two years, and shall begin on the day on which he is appointed.

First board

24(8)       Of the members of the board first appointed and each of whom is a member to whom subsection (7) applies, one-half, as nearly as may be, shall be appointed for a term of one year and thereafter until their successors are appointed, and the remainder shall be appointed for a term of two years and thereafter until their successors are appointed, and the agreement shall provided which of such members shall be appointed for a one year term.

Re-appointment

24(9)       Members of the board whose term of office has expired are eligible for re-appointment.

Appointment of chairman

25(1)       The board, at its first meeting in each year, shall appoint one of its members to be chairman.

Presiding officer

25(2)       The chairman shall preside at all meetings of the board at which he is present, and in his absence the members of the board present at any meeting may appoint one of their number to be chairman of the board for that meeting.

Right of chairman to vote

25(3)       The chairman has the same right of voting as any other member of the board and no more.

Bi-monthly meetings

26(1)       The board shall meet at least six times in each year; and at least one month but not more than two months shall elapse between regular meetings of the board in each year and between the last regular meeting in each year and the first meeting in the next year; but nothing herein prevents the holding of a special meeting as hereinafter provided.

Quorum

26(2)       A majority of the members of the board constitute a quorum for any meeting of the board.

Special meetings

26(3)       The chairman, or any two members may summon a special meeting of the board by giving at least two days' notice in writing to each member, stating the purpose for which the meeting is called.

Duties of regional board

27          Subject to this Act and the regulations, the board shall

(a) govern, supervise, control, operate, and manage the regional library;

(b) make such rules and regulations to govern its own procedure and for the government, supervision, control, operation, and management, of the library, as it may deem expedient;

(c) on or before January 15 in each year, lay before the council of each municipality that is a party to the agreement, a detailed estimate of the amount required by the board to meet the expense of maintaining and operating the library for the current calendar year;

(d) apportion to each of such municipalities a share of the amount estimated to be required as aforesaid;

(e) have exclusive control of the expenditure of all moneys collected under the tax levied under section 28, or provided by the councils of the municipalities that are parties to the agreement for the purposes of the library, and of all moneys donated or bequeathed to the board for library purposes, and of all other revenue of the board;

(f) appoint and, where it deems it necessary, dismiss or suspend a librarian and assistants, prescribe rules for their conduct, and fix their compensation;

(g) keep proper accounts of the receipts, payments, credits, assets, and liabilities, of the board and have its accounts audited by a municipal auditor, and lay the accounts when so audited before the council of each municipality that is a party to the agreement; and

(h) submit to the minister, not later than January 31 in each year, a report of its activities for the preceding year in such form as the minister may prescribe.

Levy of tax

28(1)       Where the council of a municipality has passed a by-law under section 22 and entered into an agreement under section 23, the council shall in each year levy and collect, as a special rate, a library tax on the assessed value of the lands or other rateable property, or both, in the municipality for the purpose of raising the amount apportioned to it for that year by the board as provided in section 27.

Amount of levy may be increased

28(2)       Notwithstanding subsection (1), the council of a municipality mentioned in subsection (1), for the purpose of maintaining and operating a regional library may in each year increase the amount to be levied and collected under subsection (1).

Merger of municipal libraries

29(1)       Where the boards of the municipal libraries, established under Part II, of two or more municipalities, by a resolution passed by each of them so recommend, the councils of any two or more of those municipalities may, by by-law, require the proper officers of their respective municipalities to negotiate and execute, on behalf of, and in the names of, the respective municipalities, an agreement between the municipalities for the merger of the respective municipal libraries and the establishment of a regional library under this Part.

By-law not submitted to voters, etc.

29(2)       A by-law passed by the council of a municipality under subsection (1), (5) or (6) is not required to be authorized by The Municipal Board in order to be valid and effective.

Execution of agreement

29(3)       Where a by-law is passed under this section by the councils of two or more municipalities, the proper officers of those municipalities shall enter into an agreement as provided in the by-laws; and shall establish a regional library, and, except as in this section otherwise provided, this Part applies, with such modifications as the circumstances require, to those municipalities and the councils thereof, and to the agreement, and to the regional library so established and the board thereof, in every way as in the case of a regional library established as hereinbefore in this Part provided.

Joining an established regional library

29(4)       Where a municipality wishes to become a supporting municipality in respect of a regional library already established, the council of the municipality may, by by-law, require the proper officers of the municipality to negotiate and execute on behalf of, and in the name of, the municipality, an agreement between the municipality and the board of the regional library whereby the municipality becomes a supporting municipality in respect of the regional library; and the board of the regional library may execute such an agreement if the municipality complies with this Part; and this Part applies to that municipality.

Merger of regional libraries

29(5)       Where the boards of two or more regional libraries, by resolution passed by each of them, so recommend, the council of each municipality that is a party to the agreement establishing each of those regional libraries may, by by-law, require the proper officers of the municipality to negotiate and execute on behalf of the municipality an agreement between all those municipalities and the boards of those regional libraries for the merger of the respective regional libraries and the establishment of one regional library under this Part; and the board of each of the regional libraries may execute such an agreement if each of the municipalities complies with this Part; and after the execution of the agreement this Part applies to each of those municipalities and the regional library so established.

Merger of municipal library and regional library

29(6)       Where the board of a municipal library established under Part II, by resolution so recommends, the council of the municipality may, by by-law, require the proper officers of the municipality to negotiate and execute on behalf of, and in the name of, the municipality an agreement between the municipality and the board of a regional library already established whereby the municipal library becomes merged with the regional library; and the board of the regional library may execute such an agreement if the municipality complies with this Part; and after the execution of the agreement this Part applies to the municipality.

Application of certain references

29(7)       Where in this Part there is a reference to each municipality that is a party to an agreement establishing a regional library, that reference shall be construed to include a municipality that has entered into an agreement under subsection (1), (5), or (6).

S.M. 2005, c. 27, s. 161.

Authority of municipality to borrow money for regional library

30(1)       Subject to The Municipal Act, a municipality that has passed a by-law under section 22 or 29 and has entered into an agreement under section 23 or 29, may pass a by-law for contracting debts by borrowing money, and, if necessary, for issuing debentures and levying rates on the rateable property within the municipality for the payment of the debts, for the purpose of erecting, acquiring, purchasing, altering, improving, furnishing, equipping, reconstructing, or adding to, a building within or without the municipality, or a mobile library unit for the regional library.

Rate in addition to special levy

30(2)       Any rate levied under a by-law passed under subsection (1) is in addition to the library tax levied as a special rate under section 28.

PART IV

FEDERATION OF REGIONAL AND MUNICIPAL PUBLIC LIBRARIES

Definition

31          In this Part "federation board" means a board of a library federation established under this Part.

Brandon library, a municipal library

32          For the purposes of this Act, the library operated by The City of Brandon under the name of: "Brandon War Memorial Public Library" is a municipal public library.

S.M. 1996, c. 58, s. 467.

Winnipeg libraries as municipal libraries

32.1        Parts II and III do not apply to The City of Winnipeg, but, for the purposes of this Act,

(a) The City of Winnipeg is deemed to be a municipality; and

(b) public libraries operated by The City of Winnipeg are deemed to be municipal public libraries.

S.M. 2002, c. 29, s. 530.

Agreement to form library federation

33(1)       Subject to subsection (2), the board of a municipal public library or a regional library or the board of either of them may enter into an agreement with the board of

(a) another municipal public library; or

(b) another regional library; or

(c) a municipal public library and a regional library;

to establish a library federation.

Resolution authorizing agreement

33(2)       Before entering into an agreement under subsection (1), the board of each library desiring to become a party to the agreement shall pass a resolution recommending to the municipal council or councils concerned that the council pass a by-law authorizing the board to enter into the agreement.

Municipal by-law authorizing agreement

33(3)       The council of a municipality upon receipt of a resolution as mentioned in subsection (2) may pass a by-law authorizing the board to enter into the agreement; and a by-law passed under this subsection need not be submitted to a vote of the voters and does not require the approval of The Municipal Board in order to be valid and effective.

S.M. 2005, c. 27, s. 161.

Unanimous municipal approval required

33(4)       Unless the councils of all municipalities concerned pass the by-law required by subsection (3), the agreement mentioned in subsection (1) shall not be entered into by the respective boards.

Contents of agreement

34(1)       The agreement entered into under section 33 shall be for a term of five years and in addition to such other matters as the parties thereto may agree upon, shall provide for the following things:

(a) the name of the library federation;

(b) the location of the headquarters of the library federation;

(c) the amount of financial contribution to be made by each party thereto with respect to the maintenance and operation of the library federation; and

(d) subject to section 36, the term of office of members of the federation board.

Municipal and regional library board to retain control of assets

34(2)       Every party to an agreement mentioned in subsection (1) retains ownership and control of its assets, but it has the power to contribute to the library federation so much of its annual budget as may be provided for in the agreement.

Renewal of agreement

34(3)       An agreement under this section may, subject to subsection (4), be renewed for such further term, not exceeding five years, as the parties thereto may agree upon.

Agreement to be approved by minister

34(4)       Notwithstanding anything contained in this Act, an agreement under this Part shall not be entered into unless it is approved by the minister.

Additional parties to agreement

35          Subject to sections 33 and 34, the board of a municipal public library or regional library that is not a party to an agreement to establish a library federation may become a party to an agreement already entered into under the provisions of those sections establishing a library federation, for the remainder of its term.

Administration of library federation

36(1)       A library federation established under this Part shall be administered by a federation board.

Membership of federation board

36(2)       Each board that is a party to an agreement under this Part shall elect two members from among themselves, one of whom shall be an elected member of the municipal council represented on the board, as members of the federation board.

Remuneration

36(3)       No member of the federation board shall receive any remuneration for his services as a member thereof.

Re-appointment

36(4)       A member of the federation board whose term of office has expired is eligible for re-appointment.

Chairman

37(1)       The federation board shall, at its first meeting appoint one of its members to be chairman.

Presiding officer

37(2)       The chairman shall preside at all meetings of the federation board at which he is present, and in his absence the members of the federation board present at any meeting thereof may appoint one of their number to be chairman for that meeting.

Right of chairman to vote

37(3)       The chairman has the same right of voting as any other member of the federation board and no more.

Bi-monthly meetings

38(1)       The federation board shall meet at such places as it may decide upon at least four times in each year; and at least one month but not more than three months shall elapse between regular meetings of the federation board in each year and between the last regular meeting in each year and the first meeting in the next year; but nothing herein prevents the holding of a special meeting as hereinafter provided.

Quorum

38(2)       A majority of the members of the federation board constitute a quorum for any meeting thereof.

Special meetings

38(3)       The chairman, or any two members may summon a special meeting of the federation board by giving at least two days' notice in writing to each member, stating the purpose for which the meeting is called.

Duties of federation board

39          Subject to this Act and the regulations, the federation board shall

(a) govern, supervise, control, operate and manage the library federation;

(b) make such rules and regulations to govern its own procedure, and for the government, supervision, control, operation and management of the library federation as it may deem expedient;

(c) appoint and, where it deems it necessary, dismiss or suspend a librarian and any assistant employed in the library federation, prescribe rules for their conduct, and fix their compensation;

(d) keep proper accounts of the receipts, payments, credits, assets, and liabilities, of the federation board and have its accounts audited by a municipal auditor, and submit the accounts when so audited to each party to the agreement establishing the library federation;

(e) furnish books, equipment and supplies for the operation of the library federation; and

(f) submit to the minister, not later than January 31 in each year, a report of its activities for the preceding calendar year in such form as the minister may prescribe.

Out-of-pocket expenses

40          A member of a municipal public library board, or regional library board or federation board may be paid such actual and necessary out-of-pocket expenses as are incurred by him in discharging his duties under this Act.

PART V

GENERAL

Agreements with Indian bands

41          Notwithstanding any other provision of this Act, the board of a municipal public library, regional library or library federation may agree with the council of an Indian band on an Indian Reservation to provide library services or facilities, or both, to the Indian band on such terms and conditions as may be set out in the agreement; and the agreement shall provide for the election or appointment of a person as a member of the board by the Indian band or the council thereof, and that member shall be a voting member of the board.

Convention expenses

42          The board of a municipal public library, regional library or library federation, may pay to members or employees of the board expenses incurred by them in attending a conference of a national or provincial library association.

 

 


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