Local Control of Public Libraries Act, 1997
EXPLANATORY NOTE
The Act currently regulates all aspects of library boards, including the size and composition of boards and the qualifications of board members. Every locality that has a public library will be required to have a public library board. The amended Act would enable boards to be regulated on a local basis by by-law. (See the recast section 6 of the Act as set out in section 2 of the Bill.) Regional municipalities are being given the power to create library boards. The provision regarding the charging of fees is being amended.
Parts of the Act are consolidated to eliminate repetition.
Bill 1091997
An Act to amend the Public Libraries Act to
put authority, responsibility and
accountability for providing and effectively
managing local library services at the local
level
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 1 of the Public Libraries Act is repealed and the following substituted:
Definitions
1. In this Act,
"board" in Part I means a public library board or a county library co-operative board and in Part II means an Ontario library service board; ("conseil")
"Minister" means the Minister to whom the administration of this Act is assigned; ("ministre")
"municipality" means a city, town, village or township; ("municipalité")
"prescribed" means prescribed by the regulations; ("prescrit")
"province-wide public library network" means the network of shared resources, co-operative services and telecommunications linkages that connect libraries in Ontario to each other and to global information networks; ("réseau provincial de bibliothèques publiques")
"public library" means a library that is established by one or more municipalities, a county or regional municipality; ("bibliothèque publique")
"regulations" means the regulations made under this Act. ("règlements")
2. Sections 2 to 14, section 15, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, and sections 16 to 24 of the Act are repealed and the following substituted:
Purpose
2. This Act has the following purposes:
1. To ensure public libraries continue to successfully provide for Ontarians' information needs.
2. To support Ontarians' requirements for access to educational, research and recreational materials in a knowledge based society.
3. To allow Ontarians to benefit from access to local, provincial and global information through a province-wide public library network.
Libraries continued
3. (1) Every public library, union public library and county library established under this Part that was being operated immediately before the day this section comes into force is continued as a public library subject to this Part.
Same
(2) Every public library board, union public library board and county library board established under this Part that was being operated immediately before the day this section comes into force is continued subject to this Part.
Same
(3) The county library co-operative board established under this Part that was being operated immediately before the day this section comes into force is continued subject to this Part.
Establishment of public library
4. (1) The council of a municipality may by by-law establish a public library.
Same: by two or more municipalities
(2) The councils of two or more municipalities may make an agreement for the establishment of a public library and all other matters relating to that establishment including the passing of the necessary by-laws.
Same: by county or regional municipality
(3) If resolutions of the councils of at least two-thirds of the municipalities forming part of a county, regional or district municipality or the County of Oxford ask that the county, regional or district municipality or the County of Oxford establish a public library, the council of the county, regional or district municipality or the County of Oxford may by by-law establish a public library for those municipalities.
Additional members
(4) At any time after a public library under subsection (3) is established, the council of a non-participating or separated municipality and the council of a county or regional or district municipality or the County of Oxford may make an agreement bringing the non-participating or separated municipality into the public library, and the council shall amend the establishing by-law accordingly.
Board
5. (1) A public library shall be under the management and control of a board, which is a corporation known in English as The (insert appropriate name) Public Library Board and in French as Conseil de la bibliothèque publique de (insert appropriate name).
Appointment
(2) The council or councils that established the public library or county library co-operative shall appoint the members of the board.
Term
(3) A board member shall hold office for a term concurrent with the term of the appointing council or councils, or until a successor is appointed.
Time for making appointments
(4) The first appointments of members of a new board shall be made at a regular meeting of council and the members shall take office as soon after the appointments as possible. Subsequent appointments shall be made at the first meeting of council in each term, but if the council fails to make the appointments at its first meeting, it shall do so at its next regular meeting.
Vacancies
(5) If a vacancy arises in membership of a board, the appointing council shall appoint a person to fill the vacancy and to hold office for the unexpired term, except if the unexpired term is less than 90 days.
By-laws
6. A council or councils that established a public library or a county library co-operative shall pass a by-law to establish,
(a) the size and composition of the board;
(b) the qualifications of board members;
(c) the rules regarding reappointment;
(d) the procedures for the filling of vacancies on the board;
(e) the circumstances under which a board member's seat becomes vacant or a member becomes disqualified from sitting as a member;
(f) when and how the first meeting of a board in a new term is to be called; and
(g) the rules regarding the reimbursement, if any, of board members for travelling and other expenses incurred in carrying out their duties as board members.
Contents of agreement
7. (1) An agreement under subsection 4 (2) shall specify the proportion of the cost of the establishment, operation and maintenance of the public library, including the cost of existing libraries, that is to be paid by each municipality.
Same
(2) An agreement made under subsection 4 (4) shall specify the proportion of the cost of the establishment, operation and maintenance of the public library that is to be paid by the county or regional municipality and the non-participating or separated municipality respectively.
Dissolution of boards
8. (1) When an agreement is made under subsection 4 (2), the public library boards in existence in the municipalities for which a new board is established are dissolved, and the assets and liabilities of those boards are vested in and assumed by the new board, unless the agreement provides otherwise.
Same
(2) When a public library is established under subsection 4 (3), every public library board and county library co-operative board established for a municipality, or any part thereof, that is included in the area for which the new library is established, is dissolved, and the assets and liabilities of the boards are vested in and assumed by the new public library board, unless the by-law establishing the public library provides otherwise.
Same
(3) When a municipality joins a public library under subsection 4 (4), subsection (2) applies with necessary modifications.
Same
(4) The council of a municipality, county or regional municipality may dissolve a public library board where the board has not maintained and operated a public library.
Same
(5) When a board is dissolved under subsection (4), its assetsand liabilities are vested in and assumed by the municipality, or in accordance with the agreement between two or more municipalities made under subsection 4 (2), or by the county or regional municipality respectively.
Copy of by-law to Minister
9. (1) When a by-law is passed under subsection 4 (1) or (3) or when a board is dissolved, the clerk shall promptly mail or deliver a copy of the by-law to the Minister.
Same
(2) When an agreement is made under subsection 4 (2), the clerk of the municipality that has the greatest population shall promptly mail or deliver a copy of the agreement to the Minister.
Power and duties of board
10. (1) A board,
(a) shall operate one or more public libraries reflecting the community's unique needs;
(b) may co-operate with other boards to provide a comprehensive and efficient public library service linked to the province-wide public library network;
(c) shall seek to provide library services in the French language, where appropriate;
(d) may operate special services in connection with a library as it considers necessary;
(e) shall regulate the time and place and the notice to be given for the holding of meetings of the board, the quorum at meetings of the board, and the procedure in all things at meetings of the board;
(f) shall ensure that full and correct minutes of its meetings are made and kept;
(g) shall ensure that the money and funds of the board are properly received, disbursed, accounted for, and deposited;
(h) shall make an annual report to the council or councils and make any other reports required by this Act or the regulations or requested by the council or councils;
(i) may appoint such committees as it considers expedient;
(j) may make rules,
(i) for the use of library services,
(ii) for the admission of the public to the public library,
(iii) for the exclusion from the public library of any person who behaves in a disruptive manner or causes damage to public library property,
(iv) imposing fines for breaches of the rules,
(v) suspending public library privileges for breaches of the rules, and
(vi) respecting the use of library property;
(k) may seek to work co-operatively with other publicly funded libraries to improve library service in the community;
(l) shall provide information to the Minister as requested and on the form provided by the Minister;
(m) may regulate the conduct in all other particulars of the affairs of the board; and
(n) may regulate all matters connected with the management of the library.
Same
(2) To the extent it considers it expedient, the board may,
(a) use any outside services or personnel;
(b) use or link into any financial, accounting or administrative systems; and
(c) adopt the policies and procedures of the appointing council or councils.
Same
(3) Clause (1) (a) does not apply to the county library co-operative board.
Staff
11. (1) A board may appoint and remove such employees as it considers necessary, and determine the terms of their employment, their remuneration and their duties.
Chief officer
(2) A board shall appoint an employee who shall,
(a) have general supervision over and direction of the operations of the public library and its staff;
(b) attend all board meetings; and
(c) have all powers and duties that the board may assign.
Real property
12. (1) A board may, with the consent of the appointing council or, for a board established under subsection 4 (2), the number of councils agreed upon in the agreement,
(a) acquire land required for its purposes by purchase, lease, expropriation or otherwise;
(b) erect, add to or alter buildings;
(c) acquire or erect a building larger than is required for public library purposes, and lease any surplus part of the building; and
(d) sell, lease or otherwise dispose of any land or building that is no longer required for the board's purposes.
Application of Expropriations Act
(2) The Expropriations Act applies to the expropriation of land under subsection (1).
Retirement allowances
13. (1) A board may, with the approval of the appointing council or councils, grant an annual retirement allowance to an employee.
Pensions
(2) A board may, by resolution, provide pensions for employees or any class of them and their surviving spouses and children.
Sick leave credits
(3) A board may, by resolution, establish a system of sick leave credit gratuities for employees or any class of them.
Application of Municipal Act
(4) The retirement allowances, pensions and sick leave credits shall be made, with necessary modifications, in accordance with the provisions in the Municipal Act that apply to retirement allowances, pensions and sick leave credits for municipal employees.
Fees
14. A board may charge fees for public library services in accordance with the Municipal Act and any regulations made under that Act.
Estimates
15. (1) A board shall submit to the appointing council or councils, annually on or before the date and in the form specified by the council or councils, estimates of all amounts required during the year for the purposes of the board.
Same
(2) If there is more than one appointing council, the estimates shall include a statement as to the proportion of the estimates to be charged to each of the municipalities.
Approval of estimates
(3) The appointing council or councils shall consider the estimates and the council or, if there is more than one council, the number of councils agreed upon in the agreement made under subsection 4 (2), shall approve, reject or amend and approve the estimates.
Resubmission
(4) Estimates that are rejected shall be amended and resubmitted.
Binding on approval
(5) Once approved, the estimates are binding on the municipality or, if there is more than one municipality, on all of the municipalities that are parties to an agreement.
Appropriations
(6) The amount of the board's estimates that is approved shall be adopted by the board and paid to the board out of the money appropriated for it.
Application of appropriations
(7) Subject to subsection (8), the board shall apply the money paid to it under subsection (6) in accordance with the estimates.
Variation
(8) The council or councils may, in the approval of the board's estimates or at any time at the board's request, authorize the board to apply a specified amount or percentage of the money paid to it otherwise than in accordance with the estimates as approved.
Audited financial statements
(9) A board shall submit its annual financial statements, audited by a person appointed for that purpose under the Municipal Act, to the council or councils annually on or before the date specified by the council or councils.
3. Subsection 25 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 83, is further amended by striking out "or union board" in the third line.
4. (1) Subsection 26 (1) of the Act is repealed and the following substituted:
Library estimates included in estimates
(1) The amount estimated by the public library board to meet its operating costs, as approved by the council, shall be included in the amount required by the county or regional municipality for general purposes as required under the Municipal Act, and shall be apportioned among the municipalities forming part of the county or regional municipality for municipal purposes, unless not all those municipalities participate in the public library, in which case, the council of the county or regional municipality shall by by-law apportion the amount estimated by the board among the participating municipalities.
(2) Subsection 26 (2) of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 83, is further amended by striking out "county" in the third line and substituting "public".
5. Sections 27 and 28 of the Act are repealed and the following substituted:
Grant from Council
27. The council of any municipality, county or regional municipality may make a grant in money, land or buildings to a board.
6. Section 29 of the Act is repealed and the following substituted:
Contract for library services
29. The council of a municipality, a local service board or the council of an Indian band may, instead of establishing or maintaining a public library, enter into a contract with a public library board or, where subsection 34 (2) applies, with the Ontario library service board that has jurisdiction, for the purpose of providing the residents of the municipality or local service board area or the members of the band, as the case may be, with library services, on the conditions set out in the agreement.
7. Sections 30 and 38 of the Act are repealed.
8. Section 39 of the Act is repealed and the following substituted:
Regulations
39. The Lieutenant Governor in Council may make regulations respecting the establishment, organization and management of the province-wide public library network.
9. Section 41 of the Act is repealed.
10. Subsections 42 (1) and (3) of the Act are repealed.
11. Subsection 10 (1) and sections 13 to 18, except subsections 14 (1) and 16 (1) of the Act, as they read on January 1, 1997 continue to apply to a board under Part II of the Act with necessary modifications.
Commencement
12. This Act comes into force on the day it receives Royal Assent but applies in each municipality on the day the municipal council elected for that municipality in 1997 takes office.
Short title
13. The short title of this Act is the Local Control of Public Libraries Act, 1997.