| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
Licence Disclaimer |
| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"board" and "library board" means
(a) in Part 2, a board of management of a public library association;
(b) in Part 3, a municipal public library board appointed under that Part;
(c) in Part 4, a board of management of a regional library district appointed under that Part; and
(d) in Part 5, includes both a board of management referred to in Part 2 or Part 4, and a municipal public library board referred to in Part 3;
"elector" has the meaning set out in the Municipal Act;
"federated public library system" means an organization of boards that agree, in accordance with this Act, to provide and maintain a library system;
"integrated public library system" means an organization of regional districts, or a regional district, that, in accordance with this Act, provide and maintain a library system;
"municipality" means, in accordance with the context, either an area incorporated as a city, town, district, township or village under an Act or the corporation into which the residents of the area have been incorporated as a municipality;
"municipal council" means the council of a municipality;
"rural area" means an area of land not situated within the boundaries of a municipality;
"school district" has the meaning ascribed to it in the School Act.
Historical Note(s): RS1960-316-2; 1961-52-2; 1968-44-2; 1971-46-1; 1972-51-1; 1977-75-8; 1978-35-1; 1982-43-15.
2. (1) The Lieutenant Governor in Council may, on the recommendation of the minister, establish a council, known as the Library Advisory Council, consisting of those members the Lieutenant Governor in Council appoints, all of whom serve at pleasure.
(2) The members of the council may appoint one of their number to act as chairman of the council.
(3) The members of the council shall be paid, out of money appropriated by the Legislature, travelling and other allowances in respect of the expenses necessarily incurred in the discharge of their official duties as the Lieutenant Governor in Council specifies, and the members may in addition be paid remuneration as the Lieutenant Governor in Council specifies for each day's attendance at meetings of the council.
(4) The council shall advise the minister on matters affecting public library service and the application of this Act and shall undertake other duties and responsibilities that the minister directs.
Historical Note(s): RS1960-316-4; 1961-52-3; 1968-44-3; 1972-51-2; 1975-43-9; 1978-35-4; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
3. (1) The Lieutenant Governor in Council shall appoint a qualified librarian as director, who shall, under the direction of the minister,
(a) supervise the operation of this Act and promote and encourage the establishment and extension of public library services throughout British Columbia;
(b) apportion the money annually appropriated by the Legislature for the aid of public libraries under this Act and of public bodies that are engaged in promoting library service and improving library standards, but nothing in this paragraph precludes the director from refusing or reducing aid to a library that fails to conform to the regulations or the standards approved by the minister;
(c) oversee and direct the officers and servants appointed under section 4 in the performance of their duties; and
(d) in general, perform duties assigned to him by the minister.
(2) Except as provided in subsection (1), the director is subject to the Public Service Act.
Historical Note(s): RS1960-316-5; 1968-44-3; 1978-35-5,21.
4. There shall be appointed, under the Public Service Act, additional officers and servants necessary for this Act.
Historical Note(s): RS1960-316-6; 1961-52-4; 1968-44-3.
5. In addition to the other functions conferred on the minister by this Act, the minister may operate a system of library services to individuals and to communities which, in the opinion of the minister, are not in a position adequately to organize local public library services or to become part of a larger unit of service.
Historical Note(s): RS1960-316-7; 1961-52-5; 1968-44-3; 1978-35-21.
Part 2 — Public Library Associations
6. (1) Any 10 or more persons of the age of 19 years or over, resident in any locality in the Province, may with the approval of the minister form a public library association for establishing and maintaining a public library in that locality.
(2) Those persons must sign a declaration in the prescribed form.
(3) Two signed copies of the declaration shall be transmitted to the minister.
(4) If the minister approves of the formation of the association in the locality named in the declaration, he shall at once forward one of the signed copies of the declaration, together with a certificate of his approval, to the office of the Registrar of Companies.
Historical Note(s): RS1960-316-13; 1971-46-3; 1978-35-7,21; 1992-55-22.
7. (1) The Registrar of Companies or a person authorized to perform his duties under the Company Act shall, without the payment of any fee, register the declaration, and issue to the association a certificate under his seal of office showing that the association is incorporated.
(2) From the date of incorporation mentioned in the certificate, the subscribers to the declaration, together with other persons that become members of the association, are a corporation by the name set out in the declaration.
(3) The association incorporated has all the powers, rights and immunities vested by law in corporations, and has, subject to the limitations set out in section 11, power to acquire and hold land for the purposes for which the association is constituted, and to dispose of the land at pleasure.
Historical Note(s): RS1960-316-14.
8. A person resident in the locality in which the association is formed may become a member of the association, subject to the rules and regulations made by the library board, but no member under the age of 19 years is eligible to hold office in or to vote at meetings of the association.
Historical Note(s): RS1960-316-15; 1971-46-4.
9. (1) A board of management, consisting of
(a) not fewer than 5 or more than 9 members of the association, elected as provided in this section, and
(b) persons appointed under subsection (7),
shall have charge of the business of the association, including the management, regulation and control of the library established by it.
(2) Within 30 days after the date of the incorporation of the association, the subscribers to the registered declaration shall meet and elect from among their number the first members of the board.
(3) The members of the association shall meet and elect succeeding members of the board
(a) in the year following the year in which the first members of the board are elected under subsection (2), in January of that year or as soon after January as is convenient, and
(b) at other times the board determines.
(3.1) Subject to subsection (4), the members of the board who are elected under subsection (3) (b) hold office for a term that
(a) may be fixed by the board, and
(b) does not exceed 2 years.
(3.2) Where a vacancy occurs in the elected membership of the board for any reason, the board may appoint a member of the association to fill the vacancy until the next election of members of the board.
(4) The members of the board shall hold office until their successors are appointed.
(5) Subject to subsection (4), no member shall hold office for more than 8 consecutive years.
(6) No employee of an association is eligible to be elected as a member of the board of that association.
(7) Where a municipal council or a regional district board provides by way of a grant at least 25% of the total funds, excluding Provincial grants, which are at the disposal of a board of management, the council or district board may appoint a person to hold office as a member of the board of management for the fiscal year for which the grant is made.
(8) The power of appointment under subsection (7) includes the power to dismiss an appointee, with or without cause, and to appoint another in his place.
Historical Note(s): RS1960-316-16; 1968-44-5; 1971-46-5,6; 1982-43-16; 1985-52-33, effective October 31, 1985 (B.C. Reg. 352/85).
10. The board shall, as soon after its election as is convenient, appoint one of its members to act as chairman of the board; and may appoint a secretary treasurer, librarian and other officers and servants necessary for the association, and may fix their salaries.
Historical Note(s): RS1960-316-17; 1978-35-8.
11. (1) The board may
(a) make rules for the holding of regular and special meetings of the association, and for the management of the association, and the conduct of the business of the board;
(b) define the duties of the officers and servants of the board;
(c) provide, subject to subsection (2), suitable accommodation for the library as the funds at the disposal of the board warrant;
(d) adopt means for the raising of funds for the support of the association, including, if thought desirable, the fixing of an annual membership fee.
(2) Subject to the approval of the minister, and to supervision of expenditure as he directs, the board may
(a) acquire land and procure or erect buildings for the library;
(b) purchase books, magazines, newspapers and other reading matter, and library supplies;
(c) make rules and regulations for the management and use of the library.
(3) The board shall
(a) keep proper minutes of all the proceedings of the board and of all meetings of the association;
(b) submit an annual report of its doings to the minister; and
(c) in general, perform duties necessary in carrying out the purpose of the association.
Historical Note(s): RS1960-316-18; 1978-35-9,21.
12. (1) Where a municipal council, on the request of a public library association, has passed a bylaw for taking over the assets and property of the public library association, and for assuming its liabilities and for establishing its library as a municipal public library under Part 3, then, on the coming into effect of the bylaw, the association is dissolved; and after that Part 3 applies to the library, and the assets and property of the association vest in the municipality.
(2) This section does not impair or affect the rights of any creditor of the public library association, and the municipality taking over the assets and property is liable for, and subject to and shall pay, discharge, carry out and perform all the debts, liabilities, obligations, contracts and duties of the public library association. Any person having any claim, demand, right, cause of action or complaint against the public library association has the same rights and powers with respect to it, and to the collection and enforcement of it, from and against the municipality as that person had against the public library association.
Historical Note(s): RS1960-316-21; 1966-45-18A; 1978-35-10.
13. (1) On the recommendation of the minister, the Registrar of Companies shall cancel the certificate of incorporation of an association when it is established to his satisfaction that
(a) the membership of the association does not include 10 persons, at least 5 of whom are of the full age of 19 years;
(b) the board has not functioned for a period of 6 months;
(c) the board has failed to keep the library open for one year;
(d) the board has failed to obey and enforce the regulations and instructions of the minister;
(e) the board has failed to furnish an annual report as required by this Act; or
(f) the board requests the dissolution of the association.
(2) On the dissolution of an association, the minister may take possession of all books, magazines and periodicals in the possession of the association that are the property of the Crown.
Historical Note(s): RS1960-316-22; 1971-46-7; 1978-35-11,21.
14. (1) The provisions of the Company Act relating to the winding up of companies apply to an association under this Act; but where those provisions prescribe a special resolution, an extraordinary resolution is sufficient under this Act.
(2) In this Part "extraordinary resolution" means a resolution passed by a majority of not less than 3/4 of the members of the association entitled to vote as are present in person or by proxy at a general meeting of which notice specifying the intention to propose the resolution as an extraordinary resolution had been given.
Historical Note(s): RS1960-316-23.
15. On the recommendation of the minister, the Registrar of Companies shall change the name of an association to a new name requested by the association when it is established to the registrar's satisfaction that the request has been made by an extraordinary resolution of the association.
Historical Note(s): RS1960-316-24; 1978-35-12,21.
Part 3 — Municipal Public Libraries
16. On receipt of a petition in the prescribed form signed by at least 100 electors of a municipality of not less than 5,000 population, the municipal council may pass a bylaw for the establishment of a municipal public library in the prescribed form, and submit it for the assent of the electors at the next election held in the municipality for any other purpose.
Historical Note(s): RS1960-316-25; 1968-44-7, 1992-55-23.
17. Where a public library association incorporated under Part 2 maintains a library within the boundaries of a municipality of not less than 5,000 population, if the members of the association at any annual meeting, or at any special meeting called for the purpose, by resolution request the municipal council of the municipality to pass a bylaw for the taking over of the library of the association, the municipal council may submit to the electors a bylaw for the taking over of the property and assets of the association, and for assuming the liabilities of the association and for establishing the library as a municipal public library under this Part.
Historical Note(s): RS1960-316-26; 1964-47-2; 1968-44-8; 1978-35-13.
18. (1) On a bylaw passed under section 16 or 17 having received the assent of a majority of the total votes cast by valid ballot, the municipal council shall adopt the bylaw and appoint a library board of an uneven number, not less than 5 or more than 11, of members that shall have charge of the management, regulation and control of the library.
(2) The board shall be composed of the mayor of the municipality, or a member of the municipal council selected by the municipal council, and the other members selected and appointed by the municipal council, chosen with reference to their fitness for the office and being residents or electors of the municipality and not being members of the municipal council or employees of the municipality.
(3) The board shall
(a) establish, equip and maintain a public library;
(b) maintain and support a public library already established; or
(c) enter into an agreement for the library service as provided in section 40.
Historical Note(s): RS1960-316-27; 1968-44-9; 1971-46-8; 1985-52-34, effective October 31, 1985 (B.C. Reg. 352/85).
19. (1) There shall be included annually in the levy for lawful general purposes of the municipality a sum sufficient to provide a library fund, which shall be kept separate from other funds of the municipality and be used exclusively for
(a) establishment, equipment and maintenance of the public library established, equipped and maintained under this section;
(b) the maintenance and support of the public library already established; or
(c) the library service as provided under section 40.
(2) The money standing at the credit of the library fund provided under subsection (1) shall be paid over on the order of the library board by the treasurer of the municipality.
Historical Note(s): RS1960-316-28; 1968-44-9.
20. (1) No person shall be appointed a member of the board if he is not an elector, unless he has resided in the municipality for not less than 6 months last preceding his appointment.
(2) Members retiring from office shall be eligible for reappointment.
(3) The members shall serve without remuneration but may be paid travel and other expenses that
(a) are necessarily incurred in connection with the discharge of their duties under this Act, and
(b) are approved by the board.
Historical Note(s): RS1960-316-29; 1968-44-10; 1985-52-35, effective October 31, 1985 (B.C. Reg. 352/85).
21. (1) The member appointed from the municipal council shall hold office for one year, or for the remainder of the year during which he is appointed, and that member is eligible for reappointment.
(2) Of the remaining members first appointed by the municipal council, 1/2 of those members shall be appointed for a term of one year, and the remaining 1/2 for a term of 2 years.
(3) All subsequent regular appointments shall be for a term of 2 years, but no person may be appointed for more than 8 consecutive years.
(4) A member holds office until his successor is appointed.
Historical Note(s): RS1960-316-30; 1968-44-11; 1985-52-36, effective October 31, 1985 (B.C. Reg. 352/85).
22. (1) The first appointments of members of the board shall be made at the first meeting of the municipal council after the final passing of the bylaw establishing the library, and the regular appointments after that shall be made at the inaugural meeting of the municipal council or as soon as possible thereafter.
(2) A vacancy arising from any cause other than the expiration of the term for which the member was appointed shall be filled for the unexpired portion of the term only, by an appointment to be made at the first meeting after that of the municipal council.
(3) In case an appointment is not made at the time prescribed, it shall be made as soon after that as is convenient.
Historical Note(s): RS1960-316-31; 1985-52-37, effective October 31, 1985 (B.C. Reg. 352/85).
23. (1) The board shall, at the first meeting in each year, appoint one of its number to be chairman of the board.
(2) The chairman shall preside at meetings of the board when present, and in his absence a chairman may be appointed for the time being.
(3) The chief librarian shall be secretary of the board, by virtue of his office.
Historical Note(s): RS1960-316-33; 1985-52-38, effective October 31, 1985 (B.C. Reg. 352/85).
24. (1) The board shall meet at least once in every 60 days, and a majority of the members constitutes a quorum.
(2) The chairman or any 2 members may summon a special meeting of the board by giving at least 2 days' notice in writing to each member, stating the purpose for which the meeting is called.
Historical Note(s): RS1960-316-34.
25. Subject to the provisions and restrictions provided in this Act, the board shall
(a) have power to make rules for its own guidance and for the government of the library as may be expedient, and not inconsistent with this Act;
(b) on or before March 1 in each year, prepare and lay before the municipal council for its approval a detailed estimate of the sums required by the board for the ensuing financial year to meet the ordinary expenses of maintaining and managing the library under its control, which sums, on being approved by the municipal council, shall be paid over as required, on the order of the board, by the treasurer of the municipality out of the ordinary municipal revenue;
(c) have exclusive control of the expenditure of all money levied or provided by the municipal council for library purposes under this Part, and of all money granted, donated or bequeathed to the board from any source, and of the revenue derived from fines or money recovered for detention, damage or loss of books belonging to or in the custody of the library and of all money received under agreement for library service;
(d) have power to appoint a librarian and assistants; to establish rules for their conduct and fix their compensation, and shall also have power to remove the appointees;
(e) keep distinct and regular accounts of its receipts, payments, credits and liabilities, and submit its accounts to be audited by the municipal auditors in the same manner and at the same time as the accounts of the municipality, and lay the accounts when audited before the municipal council;
(f) prepare an annual report of its doings, and furnish copies of it to the mayor and council of the municipality and to the minister, on or before March 1 in each year.
Historical Note(s): RS1960-316-35; 1968-44-13; 1971-46-9; 1978-35-21; 1982-43-17; 1983-10-21,23, effective October 26, 1983 (B.C. Reg. 393/83).
26. (1) Where the municipal council of a municipality in which a municipal public library is established under this Part passes a bylaw by vote of a majority of its members for the abolition of the library, the municipal council shall submit the bylaw for the assent of the electors at the next annual municipal election held in the municipality.
(2) On the coming into effect of the bylaw the library board of the municipality shall be dissolved.
(3) The municipal council shall at once take possession of and, subject to this section, is vested with all the property and assets of the library board.
(4) A person having a claim, demand, right, cause of action or complaint against a library board dissolved under this section has the same rights and powers with respect to it, and to the collection and enforcement of it, from and against the municipal council as that person had against the library board.
Historical Note(s): RS1960-316-36.
27. The procedure for submitting a bylaw for the assent of the electors under this Part, and obtaining assent, is the same as the procedure under the Municipal Act, or other Act under which the municipality is incorporated and governed, for submitting for the assent of the electors of the municipality bylaws for raising money on the credit of the municipality.
Historical Note(s): RS1960-316-37.
28. Where a bylaw submitted for the assent of the electors under this Part receives the assent of a majority of the persons who vote on the bylaw, the municipal council shall at once reconsider and adopt the bylaw.
Historical Note(s): RS1960-316-38; 1985-52-39, effective October 31, 1985 (B.C. Reg. 352/85).
Part 4 — Regional Library Districts
29. (1) The respective councils of 2 or more municipalities, or the council of a municipality or the respective councils of 2 or more municipalities, and the board of school trustees of a school district or the respective boards of school trustees of 2 or more school districts, may enter into an agreement in writing for establishing a cooperative library service throughout the areas within the limits of those municipalities, or municipality or municipalities and school district or school districts, and for the constitution by the Lieutenant Governor in Council of those areas as a regional library district under this Part.
(2) The parties to the agreement shall forward one original of it to the minister for presentation to the Lieutenant Governor in Council, with a report on it giving information bearing on the project as the minister thinks should be placed before the Lieutenant Governor in Council.
Historical Note(s): RS1960-316-39; 1961-52-7; 1978-35-15.
30. In the case of municipalities and school districts that are not comprised in a regional library district under this Part and in respect of which no agreement has been entered into under section 29, if a petition
(a) addressed to the Lieutenant Governor in Council;
(b) signed by not less than 10% in number of the electors in 2 or more municipalities respectively, or in one or more municipalities and one or more school districts respectively; and
(c) verified as to signatures and qualifications in a manner satisfactory to the minister,
is forwarded to the minister praying for the constitution of a regional library district under this Part within the area comprising the municipalities and school districts covered by the petition, and for the taking of a plebiscite on it, the minister shall transmit the petition to the Lieutenant Governor in Council, with his report on it giving information bearing on the project as he thinks should be placed before the Lieutenant Governor in Council.
Historical Note(s): RS1960-316-40; 1961-52-8; 1978-35-16.
31. (1) On presentation of the petition, the Lieutenant Governor in Council may by order in council, which is binding on the municipal councils and boards of school trustees of the respective municipalities and school districts covered by the petition, require the taking of a vote of the electors in the respective municipalities and school districts on the question: "Are you in favour of your [municipality or school district, as the case may be] becoming part of a regional library district to be formed under the Library Act?"
(2) The Municipal Act in respect of obtaining the opinion of the municipal electors on a question which affects the municipality governs the taking of the vote under this section in a municipality. The Lieutenant Governor in Council may by the order requiring the taking of the vote or by any subsequent order provide for all matters and things necessary or expedient for the taking of the vote in a school district.
Historical Note(s): RS1960-316-41.
32. (1) On the presentation of an agreement under section 29, or on being satisfied that the vote of the electors taken under section 31 has given an affirmative majority in a sufficient number of municipalities, or municipality or municipalities and school district or school districts, to warrant the formation of a regional library district within the area comprising those municipalities, or municipality or municipalities and school district or school districts, the Lieutenant Governor in Council may direct the issuance of a proclamation constituting the areas within the limits of the municipalities, or municipality or municipalities and school district or school districts, comprised in the agreement or in which an affirmative vote was given, as the case may be, a regional library district under this Part and assigning to that district a name by which it shall be known.
(2) A municipality or school district in which the vote of the electors has failed to give an affirmative majority on the taking of the plebiscite shall not be included in the regional library district.
Historical Note(s): RS1960-316-43.
33. (1) There shall be a board of management for each regional library district constituted under this Act, which shall meet not less than 3 times in each year and which shall consist of representatives of the respective municipalities and school districts comprised in the regional library district, appointed by the council of each municipality and the board of trustees of each school district by resolution appointing one of its members, or another suitable person who is an elector, as its representative on the board of management of the regional library district.
(2) The tenure of office of each representative appointed under subsection (1) shall be for a term not exceeding 2 years and after that until his successor has been appointed.
(3) No member may be appointed for more than 8 consecutive years.
(4) The members of the board of management appointed and their successors in office, under the name of Board of Management of [name of regional library district], are a corporation with the rights, powers, duties and liabilities prescribed in this Part.
(5) No member of the board of management shall be interested, directly or indirectly, in a contract entered into or authorized by the board of management.
(6) Every member who violates subsection (5) is liable on conviction to a fine not exceeding $500, but a member is not deemed to violate subsection (5) by reason only of his being a shareholder in a corporation having dealings or contracts with the board of management, unless he votes at a meeting of the board of management on some question affecting that corporation.
(7) The individual members of the board of management, if they do not contravene this Part, are exempt from personal liability for its debts, obligations and acts.
(8) The councils of the respective municipalities and the boards of school trustees of the respective school districts represented on the board of management may agree in writing as to the number of votes each representative shall have on questions involving the expenditure of money, and similarly may terminate or vary the agreement.
(9) In the absence of an agreement under subsection (8), the following provisions shall govern the decision of the board of management on every question which involves the expenditure of money by the board:
(a) each representative shall have one vote, plus one additional vote for each complete 1,000, after the first 1,000, of the population of the area represented by him;
(b) the total number of votes cast by a joint representative, or group of joint representatives, shall not exceed in the total the number of units of 1,000 of population represented by him or them;
(c) the question shall be decided by a majority vote of the representatives taken in accordance with this subsection and subsection (8);
and the minister may prescribe the method by which the population of a municipality or school district shall be determined for the purposes of this subsection and subsection (8).
Historical Note(s): RS1960-316-47; 1968-44-15; 1972-51-3; 1978-35-21.
34. The board of management of a regional library district constituted under this Part
(a) shall establish and maintain, out of the money or property available to it for that purpose, library facilities as in its opinion are necessary for providing efficient public library service throughout the district; and for that purpose may establish and maintain a central library, and branch libraries as it considers advisable, at places in the district as it determines;
(b) has power to sue and be sued, to contract and be contracted with, to have a common seal, and to acquire and hold property for its purposes, and to dispose of its property at pleasure and to borrow on the security of the anticipated revenue of the board for the current year any sums not exceeding in the whole 50% of the amount of that revenue remaining unpaid;
(c) shall appoint a qualified person as librarian, who is the secretary and chief administrative officer of the board, and may appoint other officers and employees required for the proper conduct of the business of the board;
(d) subject to this Part, may make regulations for the management of its business and for regulating the use by the public of its library facilities;
(e) may in cases it thinks proper grant the use of its library facilities to persons residing out of the district, and may charge fees for that use;
(f) shall keep proper accounts of its receipts and expenditures, and shall submit its accounts annually to be audited by the auditor of the municipality comprised in the district; or, in case of there being more than one municipality comprised in the district, by the auditor of the municipality designated for that purpose by the minister;
(g) may contribute to employees' benefit plans on behalf of its employees;
(h) shall prepare an annual report of its doings, and furnish a copy of it to the council of each municipality and the board of school trustees of each school district comprised in the regional library district and to the minister;
(i) may enter into an agreement in writing for adding to the regional library district any municipality or school district that may, subsequent to the issue of the proclamation under section 32, through its municipal council or board of school trustees express the desire to form part of the regional library district and on execution of the agreement by all parties concerned, one copy shall be forwarded to the minister, with a report giving information as he thinks should be placed before the Lieutenant Governor in Council, who may direct the issuance of a proclamation extending the limits of the regional library district to include the area within the limits of the municipality or school district; and on the issuance of the proclamation the municipality or school district included forms part of the regional library district for all purposes, subject to the terms and conditions set out in the agreement;
(j) generally has and may exercise all powers necessary for carrying on its business.
Historical Note(s): RS1960-316-48; 1961-52-10; 1968-44-16; 1972-51-4; 1978-35-17,21.
35. Where a municipality forms part of a school district, the municipality, and if there is more than one municipality within a school district, then each of the municipalities, are for any of the purposes of sections 29, 30, 31, 32, 34, 37 and 38 separate and apart from the school district and not part of it, and for the purposes of those sections shall be dealt with as a separate unit; and the school district shall be treated as if the municipality or municipalities were not part of it.
Historical Note(s): RS1960-316-49; 1971-46-12.
36. (1) On or before a day to be fixed in the proclamation constituting the regional library district, in the case of the financial year or portion of it immediately following the constitution of the district, and, in all other cases, on or before March 1 in each year, the board of management of a regional library district constituted under this Part shall prepare and lay before the council of each municipality and the board of school trustees of each school district comprised in the regional library district a detailed estimate of the money required by the board of management for the ensuing financial year or portion of it, as the case may be, to meet the expenses of maintaining and managing the library facilities under its control, and showing the amount to be paid by each of the municipalities and boards of school trustees respectively.
(2) The money required is chargeable to the respective municipalities and school districts comprised in the regional library district in the ratio of their respective assessments, or in the ratio of their respective populations, or otherwise, as mutually agreed on by the councils of the respective municipalities and the boards of school trustees of the respective school districts, or, if not agreed on and certified to the board of management before the day on which the estimate is prepared under subsection (1), in a ratio the minister fixes for that year or portion of a year.
(3) The amount of money chargeable to a municipality in any year shall be certified by the board of management in writing, signed by its secretary, to the council of the municipality, and shall be paid over by the municipal treasurer to the board in equal quarterly instalments on March 1, June 1, September 1 and December 1 in that year.
(4) The amount of money chargeable to a school district in a year shall be certified by the board of management in writing, signed by its secretary, to the Surveyor of Taxes and shall be paid over by the Minister of Finance to the board.
(5) The Minister of Finance shall pay to the board in each year,
(a) on January 1, an amount of money equal to 1/2 of the total amount of money chargeable to the school district and paid to the board by the minister in the preceding year;
(b) on March 1, the amount of money chargeable to the school district for the current year, as certified to the Surveyor of Taxes, less the amount paid under paragraph (a).
(6) The amount stated in the certificate received by the Surveyor of Taxes, together with
(a) additional amounts estimated to cover the cost of assessment and collection,
(b) interest on the money advanced or expended prior to recovery by collection of taxes, and
(c) losses through failure of collection,
shall be levied on the net taxable value of land and improvements, but excluding property that is taxable for school purposes only by special Act.
(6.1) For the purposes of subsection (6),
(a) the definition of "improvements" in the Assessment Act applies, and
(b) the exemptions in sections 142 to 144 of the School Act apply.
(7) In the case of a school district that includes within its boundaries one or more municipalities or parts of a municipality as well as rural area, the amount of money chargeable only to the rural area of the school district shall be certified to the Surveyor of Taxes, and the amount of money chargeable to the municipality, municipalities or parts of municipalities shall be certified to the respective municipal councils as provided in subsection (3). In every case in which the library tax on the property of a taxpayer would be less than 25¢, when apportioned according to valuation, the amount to be taxed and levied shall be fixed at 25¢ without affecting in any way the general rate of apportionment.
(8) On or before February 1 in each year, the amount received in the immediately preceding calendar year by a municipality or by the Surveyor of Taxes by way of grant in lieu of taxes for library services within the regional library district under the Municipal Grants Act, 1980 (Canada) from the government of Canada or from a corporation included in Schedule III or IV of that Act shall be paid over to that regional library district, and the amount paid shall, for subsection (1), be an amount paid by a municipality and board of school trustees.
Historical Note(s): RS1960-316-50; 1968-44-17; 1971-46-13; 1972-51-5; 1978-35-18,21; 1981-5-35, proclaimed effective June 25, 1981; 1982-2-36, effective midnight December 31, 1981; 1985-20-26, effective October 1, 1985 for some purposes and in full effect January 1, 1987 (B.C. Reg. 291/85); 1989-61-203; 1990-2-18.
37. (1) The respective councils of the municipalities and the respective boards of school trustees of the school districts comprised in a regional library district constituted under this Part may enter into an agreement in writing for the disestablishment of the regional library district and the winding up of the business of the board of management.
(2) The parties to the agreement shall forward one original of it to the minister for presentation to the Lieutenant Governor in Council, with a report on it giving information bearing on the matter as the minister thinks should be placed before the Lieutenant Governor in Council.
(3) On presentation of the agreement under this section, the Lieutenant Governor in Council may direct the issuance of a proclamation disestablishing the regional library district; and may by the order directing the issuance of the proclamation or by any subsequent order provide for the winding up of the board of management of the district.
Historical Note(s): RS1960-316-53; 1961-52-11; 1978-35-19.
38. (1) Where a regional library district has been constituted for a period of not less than 3 years, if a petition signed by not less than 10% in number of the electors in any municipality or school district comprised in the regional library district is presented to the Lieutenant Governor in Council requesting the withdrawal of that municipality or school district from the regional library district, and the taking of a plebiscite on it, the Lieutenant Governor in Council shall by order in council, which is binding on the council of the municipality or the board of school trustees of the school district, as the case may be, require the taking of a vote of the electors in that municipality or school district on the question: "Are you in favour of the withdrawal of the [name of municipality or school district] from the regional library district in which it is now comprised?" The Municipal Act, in respect of obtaining the opinion of the municipal electors on a question which affects the municipality, shall govern the taking of the vote under this subsection in a municipality. The Lieutenant Governor in Council may by the order requiring the taking of the vote or by any subsequent order provide for all matters and things necessary or expedient for the taking of the vote in a school district.
(2) No vote under subsection (1) shall be taken after October 1 in any year in any school district; and no petition from the electors in any municipality shall be accepted after October 1 in any year.
(3) Notice of the receipt of every petition shall, within 5 days of its presentation to the Lieutenant Governor in Council, be sent by post by the deputy minister in a registered envelope addressed to the secretary of the regional library district affected.
(4) On being satisfied that the vote of the electors taken under subsections (1) to (3) has given an affirmative majority in the municipality or school district in which the vote was taken, the Lieutenant Governor in Council shall direct the issuance of a proclamation for the withdrawal of the municipality or school district from the regional library district under this section. On expiration of 3 months from the date of the issuance of the proclamation in the case of a municipality, and at the end of the calendar year in which the proclamation is issued in the case of a school district, that municipality or school district shall cease to form part of the regional library district.
(5) A municipality or a school district withdrawing from a regional library district under this section is not entitled to any right, title or interest in the assets, including all books, of the board of management of the regional library district.
Historical Note(s): RS1960-316-54; 1961-52-12; 1971-46-14; 1977-75-75.
39. Subject to the rules as to its use made under this Act, every municipal public library board or board of management of a regional library district shall permit the residents and electors of the municipality or regional library district in which the library for which it is responsible is situated to have free use of the circulating and reference books and other services it thinks practicable, but the board may charge fees for other services as it thinks necessary.
Historical Note(s): RS1960-316-55; 1968-44-19; 1971-46-15.
40. (1) Every library board, board of school trustees, institution designated under the College and Institute Act, board of governors of a university, regional district board and municipal council may, with the approval of the minister, enter into agreements with each other and with the minister for cooperative administration of library services in a service area as defined in the terms of the agreement and to pay the consideration money agreed on out of any of its funds available for that purpose.
(2) Where an agreement is entered into for the purpose of this section between a library board and a municipal council, provision may be made in the agreement for the municipal council to appoint members of the library board with voting power in addition to those selected and appointed under section 18.
(3) [Repealed 1980-35-10, proclaimed effective October 2, 1980.]
(4) Every agreement entered into under this section shall be in writing and shall be subject to this Act and the regulations.
(5) The board of a library established under this Act may extend its service to nonresidents of the municipality in which the library is situated, either free of charge or on payment of a nonresident fee which may be fixed by the board, and may make temporary or permanent exchanges of books with any other library or board.
(6) Every library board, board of school trustees and municipal council is empowered to enter into agreements with each other and with the minister for the common pooling of their libraries and library revenues and for the administration of them by the minister.
Historical Note(s): RS1960-316-56; 1968-44-20; 1971-46-16; 1972-51-6; 1977-67-81; 1978-35-21; 1980-35-10, proclaimed effective October 2, 1980; 1989-61-204.
40.1 (1) With the prior approval of the minister, 2 or more library boards may agree to provide and maintain a federated public library system in the areas served by those library boards.
(2) An agreement under this section shall include terms
(a) establishing a plan of service,
(b) establishing a federated library board,
(c) adopting bylaws,
(d) establishing requirements for membership in the federated public library system,
(e) relating to the budget of the federated public library system, and
(f) providing for disestablishment of the federated public library system, distribution of its assets and assignment of its liabilities.
(3) A federated library board established by an agreement entered into under this section has the power and capacity of a corporation under the Interpretation Act and, in addition, has the power and capacity to acquire and dispose of real property.
(4) An agreement, under section 40, that established a federated public library system within the Greater Vancouver Regional District before the coming into force of this section shall be deemed to have been made under this section, and the board of directors established under that agreement shall be deemed to be a federated library board established under an agreement entered into under this section.
Historical Note(s): 1980-35-11, proclaimed effective October 2, 1980.
41. Where a regional district exercises a power to provide the service of an integrated public library system, it may, with the consent of the minister, exercise all powers necessary to provide the service in accordance with this Act and the regulations, subject to all the terms and conditions contained in letters patent or any bylaws respecting the exercise of that power.
Historical Note(s): 1989-59-25.
42. Every public library or free library established under the Free Libraries Act, R.S.B.C. 1911, c. 140, or under the powers contained in any general or special Act of the Legislature, and maintained in any municipality on March 29, 1919, is deemed a municipal public library established under Part 3 of this Act, and this Act extends and applies to that library.
Historical Note(s): RS1960-316-57; 1978-35-20.
43. The minister, with the approval of the Lieutenant Governor in Council, has power
(a) to determine grades and classes of certificates for librarians and library assistants and the qualifications required for all grades and classes and to make regulations governing the granting of all those certificates;
(b) to appoint qualified persons to examine the credentials of applicants for certification, and to conduct examinations as may be deemed essential;
(c) to prescribe the fees to be paid by applicants for certification;
(d) to prescribe forms; and
(e) to make regulations necessary for the carrying out of this Act.
Historical Note(s): RS1960-316-58; 1961-52-13; 1972-51-8; 1983-10-23, effective October 26, 1983 (B.C. Reg. 393/83); 1922-55-24.
44. The individual members of a library board constituted under this Act, if they do not contravene this Act, are exempt from personal liability for its debts, obligations and acts.
Historical Note(s): RS1960-316-59.
[Schedule repealed 1992-55-25.]
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada