Legislation

Establishment of the new Ministry of Tourism and Culture is reflected in an Order-in-Council made April 14, 2010.  This Order-in-Council sets out the powers and duties of the Minister and Ministry and lists the Acts for which the Minister is responsible.

Art Gallery of Ontario Act, R.S.O. 1990, c. A.28

The statute states that the Art Gallery of Ontario is to be managed by a board of 27 trustees, 10 of whom are Lieutenant Governor in Council (LGIC) appointments, five of whom are appointed by the College of Founders of the Art Gallery of Ontario, 10 of whom are elected by the membership of the Gallery and two of whom are appointed by the council of the City of Toronto.

The Gallery’s objects include advancing the cause of visual arts, conducting education programs related to the visual arts and collecting and exhibiting works of art.

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

The statute states that the Ontario Arts Council is to be composed of 12 members, appointed by LGIC.

The Council’s function is to promote the study, enjoyment and production of art. It may assist arts organizations, provide grants, scholarships or loans for study and make awards for outstanding accomplishments in the arts.

Asian Heritage Act, 2005, S.O. 2005, c. 10

This Act proclaims May in each year as Asian Heritage Month.

Celebration of Portuguese Heritage Act, 2001, S.O. 2001, c. 22

The Act establishes June 10 in each year as Portugal Day. It proclaims June in each year as Portuguese History and Heritage Month.

Centennial Centre of Science and Technology Act, R.S.O. 1990, c. 5

The statute states that the Centennial Centre of Science and Technology (Ontario Science Centre) is to be governed by a Board of 16 to 26 trustees, appointed by LGIC.

Its objects include operating a science centre and conducting public education in science and technology.

The Minister approves the Centre’s bylaws. The Centre may retain its income which is to be applied to carrying out its objects. Its revenues and investments do not form part of the Consolidated Revenue Fund.

Emancipation Day Act, 2008, S.O. 2008, c. 25

The Act establishes August 1 in each year as Emancipation Day.

Foreign Cultural Objects Immunity from Seizure Act, R.S.O. 1990, c. F.23

The Act provides immunity from seizure for art or other objects of cultural significance brought into Ontario for temporary exhibition if, before the work or object is brought into Ontario, the Minister determines it is of cultural significance and that the exhibition is in the interest of the people of Ontario.   The power to make this determination has been customarily delegated to the Assistant Deputy Minister.

Notice of the determination must be published in the Ontario Gazette prior to the shipment of art to Ontario. Once the determination is published, the work of art to be brought into Ontario is immune from seizure.

George R. Gardiner Museum of Ceramic Art Act, R.S.O. 1990, c. G.7

The Museum is governed by a board of 15 trustees, five to be appointed by the Board of Regents of Victoria University, one by the council of the City of Toronto and nine in accordance with the Corporation’s bylaws. There are no LGIC appointments to this board.

The Museum’s objects include exhibiting works of ceramic, decorative and fine art, promoting public interest in the history of ceramic development and operating a museum.

German Pioneers Day Act, 2000, S.O. 2000, c. 7

The Act establishes German Pioneers Day as the day following Thanksgiving Day.

Historical Parks Act, R.S.O. 1990, c. H.9

The Act allows LGIC to designate Crown lands as historical parks, where there is an object, site or land of historical significance.

The Act’s regulation designates Sainte-Marie Among the Hurons Historical Park, Fort William Historical Park and Discovery Harbour (formerly Penetanguishene Military and Naval Establishment Historical Park) as historical parks.

 

Hotel Registration of Guests Act, R.S.O. 1990, c. H.17

The Act requires every hotel to keep a register of guests and it contains a number of offences relating to the keeping of a register. In addition, the room rates are to be posted in each room, failure of which is also an offence.

Hummingbird Performing Arts Centre Corporation Act, 1998, S.O. 1998, c. 37

The Corporation is managed by a board of 12 directors, nine chosen in accordance with the corporation’s bylaws and three appointed by the council of the City of Toronto. There are no LGIC appointments to this board.

The Corporation’s objects include advancing an appreciation of the performing arts and operating theatrical facilities for performances, exhibitions and receptions.

Innkeepers Act, R.S.O. 1990, c. I.7

The Act gives an innkeeper a lien on a guest’s goods for price of food or accommodation. The keeper of a stable is given a lien on horses, other animals or carriages for reasonable boarding and labour charges. In both cases, an innkeeper or a keeper of a stable can advertise and sell the items at a public auction.

The innkeeper’s liability for injury to a guest’s goods is limited to $40, except where loss is due to an innkeeper’s wilful act, default or neglect.

Irish Heritage Day Act, 2004, S.O. 2004, c. 10

The Act establishes March 17 in each year as Irish Heritage Day.

McMichael Canadian Art Collection Act, R.S.O. 1990, c. M.4

The Act was amended in 2000 to recognize the contribution of the late Signe and Robert McMichael. The Collection is governed by a board of up to 23 trustees, appointed by LGIC. Mr. and Mrs. McMichael were trustees during their lifetime.

The Act creates an Art Advisory Committee composed of five members: the chair of the board, the vice-chair of the board and, in the absence of the McMichaels, three board appointees. The functions of the Art Advisory Committee include making recommendations regarding the purchase and sale of art and designating those artists whose work can be collected. In order to be designated, an artist must have contributed to the development of Canadian art.

The board ensures that the Collection reflects the cultural heritage of Canada and is composed of art by the Group of Seven and their (named) contemporaries and such other artists as may be designated by the Art Advisory Committee.
The Minister approves the Collection’s bylaws and the appointment or removal of the director of the Collection until such time as the Minister is satisfied that the Collection conforms with the legislation.

Metropolitan Toronto Convention Centre Corporation Act, R.S.O. 1990, c. M.11

This Act establishes the Centre which is managed by a board of seven to 13 members. Up to 10 members may be LGIC appointments.

The objects of the Centre are to operate, maintain and manage an international class convention centre facility in Toronto.

Ministry of Citizenship and Culture Act, R.S.O. 1990, c. M.18, in respect of culture matters

This Act was created for a Ministry which was subsequently reconfigured. By Order-in-Council, the powers and duties under this legislation relating to citizenship were transferred to the Minister of Citizenship & Immigration. Powers and duties relating to culture were transferred to the former Minister of Culture.

The Act gives the Minister charge of what is now known as the Ministry of Tourism and Culture, and responsibility for administration of its legislation. The Act allows the Minister to delegate statutory powers or duties to the Deputy Minister or to any employee of the Ministry.

The Ministry’s objectives include ensuring the creative and participatory nature of cultural life in Ontario by assisting in the stimulation of cultural expression and cultural preservation.

By 2007 amendments, the Minister is empowered to establish, charge and refund fees to recover the costs of any services that are provided by the Ministry.

Ministry of Tourism and Recreation Act, R.S.O. 1990, c. M.35, in respect of tourism matters

This Act was created for a Ministry which was subsequently reconfigured. The Act gives the Minister charge of the Ministry of Tourism and Recreation with responsibility for administration of the Ministry’s legislation. As the Ministry was reconfigured in 2005 and responsibility for Sport and Recreation was transferred to the Minister of Health Promotion, the Minister of Tourism and Culture is now only responsible for tourism activities and programs.

The Ministry’s objectives include promoting tourism in Ontario, using tourism to stimulate employment and income opportunities and encouraging improvement in the standards of services offered to the travelling public.

Niagara Parks Act, R.S.O. 1990, c. N.3

This Act establishes the Niagara Parks Commission which is composed of 10 to 12 members, appointed by LGIC. 

The Commission has a general duty to manage, control and develop the Niagara parks. The Minister has the power to issue policy directives approved by LGIC and the Commission must ensure implementation of these directions.

The regulations deal with the use of parks and the issuance of guide and sight-seeing vehicle licences.

Ontario Heritage Act, R.S.O. 1990. c. O.18, except in respect of Part III

The Act sets out the process for municipal designation of heritage properties. The Act was amended in 2005 to empower municipalities to prohibit demolition of designated heritage properties. The amendments gave the Minister the authority to designate properties. Such properties cannot be demolished without the Minister’s approval. The Act also establishes a licensing scheme for archaeological field work.

The Act establishes the Ontario Heritage Trust with objects that include acquiring property of historical interest for people of Ontario. It has a board of up to 12 trustees, appointed by LGIC.

Part III of the Act, which governs the Conservation Review Board, is administered by the Attorney General.

Ontario Place Corporation Act, R.S.O. 1990, c. O.34

This Act establishes the Ontario Place Corporation which is governed by a board of seven to 13 members. The members are LGIC appointments, one of whom must be a director of the Canadian National Exhibition (CNE) Association.

Ontario Place Corporation’s objects include operating Ontario Place as a provincial exhibit and recreational centre, developing special programs to enhance the image of the province and co-ordinating activities with the CNE.

Ontario Wine Week Act, 2005, S.O. 2005, c.22

The Act proclaims the third week in June each year as Ontario Wine Week.

Ottawa Convention Centre Corporation Act, R.S.O. 1990, c. O.45

This Act establishes the Ottawa Convention Centre Corporation which is governed by a board of seven to 12 directors. Up to nine members are appointed by LGIC.

The objects of the Centre are to operate, maintain and manage an international convention centre facility in Ottawa.

Public Libraries Act, R.S.O. 1990, c. P.44

The Act provides for establishment of various types of library boards, including public library boards, their membership, powers and duties. The Act authorizes payment of statutory grants to eligible public library boards for operating funding.  The Act requires that defined library services be provided free of charge to residents.

The Minister has the power to establish by order special library service boards to provide resources and services and to make grants to these boards.  The Southern Ontario Library Service (SOLS) and Ontario Library Service North (OLS–N) are two such boards incorporated by way of Letters Patent under the Corporations Act. They are transfer payment agencies. The Minister recommends two of the nine-member OLS-N board and five of the 20-member SOLS board.

Royal Botanical Gardens Act, [1989 c.Pr.22]

The Royal Botanical Gardens (RBG) is managed by a board of up to 24 trustees.  LGIC appoints two members to the board. The President of McMaster University and the President of the RBG Auxiliary are members, along with nine trustees appointed by the board. Up to six trustees are appointed by the Regional Municipality of Hamilton-Wentworth, up to three by the Regional Municipality of Halton, and two by LGIC.

Its objects include developing and maintaining a living collection of plants and animals, protecting flora and fauna, and conducting botanical research.

Royal Ontario Museum Act, R.S.O. 1990, c. R.35

The statute states that the Royal Ontario Museum is to be managed by a board of 21 trustees. The chair of the Governing Council of the University of Toronto, the president of the University of Toronto and the director of the Museum are, by virtue of office, trustees of the Museum. Three trustees are elected by the members of the Museum and 15 trustees are appointed by LGIC.
Its objects include collecting and exhibiting objects, documents and books that illustrate natural and human history. 

The Museum requires LGIC approval to borrow over $100,000.

Science North Act, R.S.O. 1990, c. S.4

The statute states that Science North is to be managed by a board of at least 15 trustees, appointed by LGIC.

Its objects include operating a model mine and museum and conducting education in the origins, development and progress of science and technology in Northern Ontario.

The agency requires LGIC approval to borrow money.

South Asian Heritage Act, 2001, S.O. 2001, c. 29

The Act establishes May 5 in each year as South Asian Arrival Day. It proclaims May in each year as South Asian Heritage Month.

St. Lawrence Parks Commission Act, R.S.O. 1990, c. S.24

This Act establishes the St. Lawrence Parks Commission which is governed by a board of three to 15 members appointed by LGIC.

The duty of the Commission is to develop, control, manage, operate and maintain parks. The Commission needs LGIC approval to acquire or dispose of  land.

The Act’s regulation deals with the use of parks.

Status of Ontario’s Artists Act, S.O. 2007, Chapter 7, Schedule 39

The Act received Royal Assent on May 17, 2007. The Act’s purpose is to recognize the value and contributions artists make to Ontario and to create a climate in which artists can flourish.

The Act includes, in addition to a purpose clause, statements of recognition of the value of artists and government undertakings to improve the lives of artists. It also establishes that Celebrate the Artist Weekend will take place on a weekend to be designated by the Minister. 

Tartan Act, 2000, S.O. 2000, c. 8

The Act adopts and describes the official tartan for Ontario. The Act was amended in 2006 to correct an error in the weave description.

United Empire Loyalists’ Day Act, 1997, S.O. 1997, c. 42

The Act establishes June 19 in each year as United Empire Loyalists’ Day.

Ontario Media Development Corporation, O.Reg. 672/00

The Ontario Media Development Corporation was established by Regulation 672/00 under the Development Corporations Act. The Corporation was formerly called the Ontario Film Development Corporation. The board is to be composed of up to 17 members appointed by LGIC.

Its objects are to stimulate employment and investment in Ontario by methods such as promoting the culture media industry and administering provincial tax credit programs.

Ontario Tourism Marketing Partnership Corporation, O. Reg. 618/98

The Ontario Tourism Marketing Partnership Corporation was established by Ontario Regulation 618/98 under the Development Corporations Act.

The Corporation is governed by a board of at least three directors, appointed by LGIC. One appointment is to be a Deputy Minister of a Ministry other than the Ministry of Tourism and Culture.

The Corporation’s objects include marketing Ontario as a travel destination.

Ontario Trillium Foundation

Unlike the other agencies listed above, the Ontario Trillium Foundation was not established by a Special Act of the Legislature but by letters patent under the Corporations Act. The Foundation makes strategic investments to build healthy, caring and economically strong Ontario communities.

The board is to be composed of up to 25 members approved by LGIC for election by the Minister’s class of members. The Minister approves the individual who is to be elected chair and appoints the vice-chair. There are 16 Grant Review Teams composed of over 300 volunteers, appointed by LGIC.

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