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AR 141/98 LIBRARIES REGULATION

(Consolidated up to 180/2013)

ALBERTA REGULATION 141/98

Libraries Act

LIBRARIES REGULATION

Table of Contents

               1      Definitions

               2      Definition for Act

Part 1
Boards Generally

               3      Reports of by‑laws

               4      Reports of policies

               5      Meetings open to public

               6      Public inspection of by-laws

               7      Policies

               8      Some types of inspections

               9      Identification of inspector

Part 2
Community Boards

             10      Functions

             11      Report to Minister

             12      Minutes to be filed upon request

Part 3
Municipal Boards and Intermunicipal
Library Boards

             13      Plan of service

             14      Employment of professional librarian

             15      Report to Minister

             16      Requests by Deputy Minister

             17      When municipal library may be in a school

          17.1      Contents of intermunicipal agreement

          17.2      Dissolution of intermunicipal library board

Part 4
Library System Boards

             18      Plan of service

             19      Employment of professional librarians

             20      Reports to Minister

             21      Requests by Deputy Minister

Part 5
Completion of Library Systems

             22      Definitions

             23      Library system membership

             24      Resolutions before membership

             25      Contents of agreement

             26      Notice of withdrawal

             27      Request to Minister

             28      Mergers

             29      Personal property of municipal board

             30      Real property of library system board

             31      Advisory committee

             32      Library system board members

             33      Appointment of additional members

             34      Library system boundaries

             35      Provincial resource sharing network

Part 6
Federation Boards

             36      Definition

             37      Eligible municipal boards

             38      Resolution before membership

             39      Documents for Ministers approval

             40      Contents of agreement

             41      Personal property of municipal board

             42      Real property

             43      Federation board members


             44      Plan of service

             45      Reports to Minister

             46      Requests by Deputy Minister

Part 7
Repeal and Expiry

             47      Repeal

             48      Expiry

Schedule

Definitions

1   In this Regulation,

                             (a)   “Act” means the Libraries Act;

                             (b)   “Deputy Minister” means the Deputy Minister of Municipal Affairs;

                          (b.1)   “intermunicipal agreement” means an intermunicipal agreement under section 12.2 of the Act;

                             (c)   “library resources” means any material, regardless of format, that is held in a library’s collection and includes books, periodicals, audio recordings, video recordings, projected media, paintings, drawings, photographs, micromaterials, toys and games, kits, CD-ROMs and electronic databases;

                             (d)   “library service point” means a facility that provides public library services under the control and management of a board;

                             (e)   “resource sharing” means making available to other libraries the library resources owned by a board, the information contained in those resources and the staff expertise required to locate and make available the information or the library resources.

AR 141/98 s1;172/2007;68/2008

Definition for Act

2   For the purposes of the Act, “basic information service” means public access to current and accurate information and assistance with making use of information, communication technology and library resources.

Part 1
Boards Generally

Reports of by‑laws

3   Every board shall, within one year of being established, file with the Minister a report that contains any by-laws passed by it under section 36 of the Act and shall file further reports on any additional by-laws immediately after their passage.

AR 141/98 s3;251/2001

Reports of policies

4(1)  Subject to subsection (2), every board shall file with the Minister a report that contains the policies established by it under section 7.

(2)  A report under subsection (1) shall be filed

                             (a)   by a community board immediately after establishing the policies,

                             (b)   by a municipal board or intermunicipal library board within 2 years of the board’s establishment, and

                             (c)   by a library system board or a federation board, within 3 years of the board’s establishment.

(3)  When a board revises any policy established by it under section 7, the board shall immediately file with the Minister a report of the revision.

AR 141/98 s4;172/2007

Meetings open to public

5(1)  Every meeting of a board is open to the public.

(2)  A person or group may make representations to a board at its meeting if the representations relate to the board and its programs.

Public inspection of by‑laws

6(1)  Every board that operates a library service point shall make its by-laws available for inspection by any person during the hours that the library service point is open to the public.

(2)  A person who inspects a by-law under subsection (1) may copy it according to the conditions and procedures established by the board.

Policies

7(1)  Subject to section 36 of the Act, every board shall establish policies with respect to the following:

                             (a)   confidentiality of user records, except where disclosure is required by law;

                             (b)   orientation and continuing education of board members and staff, including expenses for attendance at library meetings, conference workshops and courses and for memberships in library associations;

                             (c)   finance, including designation of expenses for which board members and staff will be reimbursed, the form and manner in which those expenses shall be claimed and the appointment of signing officers for the board.

(2)  Every board that operates a library service point shall, in addition to establishing policies under subsection (1), establish policies with respect to the following:

                             (a)   personnel, including job descriptions and performance appraisals for employees and volunteers, qualifications for staff positions, working hours, conditions of employment and a grievance procedure;

                             (b)   selection, acquisition, purchase and disposition of library resources, including a policy respecting gifts and donations;

                             (c)   resource sharing, including participation in a provincial resource sharing network and the conditions that apply to the acquisition of library resources and information from other sources, including inter-library loans and information in electronic databases;

                             (d)   provision of library resources to persons unable to use conventional print resources, including provision in co-operation with community agencies;

                             (e)   the terms and conditions under which library resources will be loaned to members of the library for use in a location other than the library;

                              (f)   hours of service at each library service point;

                             (g)   the terms and conditions for use of any areas of a building managed by the board that are not normally used for library purposes, including who may use those areas.

(3)  A library system board shall also establish a policy with respect to the provision of municipal library services to any member municipality that does not have a municipal board and shall ensure that by-laws under section 3 and policies under subsections (1) and (2) apply to those library services.

AR 141/98 s7;251/2001

Some types of inspections

8   Without limiting the generality of section 39 of the Act, the Minister or a person authorized by the Minister may inspect the books, records and accounts of a board

                             (a)   to determine the extent to which a board is meeting the requirement to provide comprehensive and efficient service as defined by that board,

                             (b)   to determine compliance with the Libraries Act and the regulations under the Act,

                             (c)   to determine the adequacy of accounting practices and financial controls,

                             (d)   to determine the use to which provincial grants are put, and

                             (e)   to assist a board in periodic reviews of its administrative practices, policies, library collections and any other matters on which a board may request advice.

AR 141/98 s8;251/2001

Identification of inspector

9   Any person authorized by the Minister to inspect pursuant to section 39 of the Act

                             (a)   shall carry an identification card bearing that person’s photograph, name, position and the signature of the Deputy Minister, or

                             (b)   shall carry an identification card bearing that person’s photograph, name and position and shall also carry written authorization from the Minister to do the inspection.

AR 141/98 s9;251/2001

Part 2
Community Boards

Functions

10   In managing and controlling a community library, a community board may

                             (a)   assemble, make available, promote, preserve and dispose of organized collections of library resources that, in the opinion of the community board, are needed to meet the needs and interests of the community,

                             (b)   provide staff with the knowledge and ability to help library users find the ideas, information and resources to meet their interests,

                             (c)   initiate and promote information services, program events, exhibits and other informational activities related to its goals and objectives, and

                             (d)   provide fixtures, furnishings and accommodation necessary for proper operation and maintenance of the library services and do all things necessary to keep its assets in a proper state of preservation and repair.

Report to Minister

11   A community board shall annually complete and file with the Minister a report in a form and containing the information required by the Minister.

Minutes to be filed upon request

12   The Deputy Minister may, by written request, require a community board to file copies of the minutes of each of its meetings with the Deputy Minister for the purpose of determining if the community board is complying with the Act and this Regulation.

Part 3
Municipal Boards and
Intermunicipal Library Boards

Plan of service

13(1)  In managing and controlling a municipal library, a municipal board or intermunicipal library board shall

                             (a)   within 3 years of being established, develop and file with the Minister a plan of service with a mission statement and goals and objectives based on a needs assessment of the municipality or municipalities served by the board, and

                             (b)   annually review its plan of service.

(2)  A municipal board or intermunicipal library board shall file with the Minister a copy of its current plan of service with goals and objectives not less frequently than every 5 years following the date on which the plan was previously filed with the Minister.

AR 141/98 s13;193/2003;172/2007

Employment of professional librarian

14(1)  Subject to subsection (3), the following shall, within 2 years of completing a plan of service under section 13(1)(a), employ a graduate of a postgraduate library program in Canada or a person with equivalent qualifications from another country:

                             (a)   a municipal board of any municipality with a population of 10 000 or more;

                             (b)   an intermunicipal library board that serves municipalities with a total population of 10 000 or more.

(2)  Repealed AR 193/2003 s3.

(3)  This section does not apply to any municipal board or intermunicipal library board that

                             (a)   does not operate a library service point, and

                             (b)   has an agreement under section 35 of the Act with another municipal board or intermunicipal library board that employs a person referred to in subsection (1).

AR 141/98 s14;251/2001;193/2003;172/2007

Report to Minister

15   A municipal board or intermunicipal library board shall annually complete and file with the Minister a report in a form and containing the information required by the Minister.

AR 141/98 s15;172/2007

Requests by Deputy Minister

16   The Deputy Minister may, by written request, require a municipal board or intermunicipal library board

                             (a)   to file copies of the minutes of each of its meetings with the Deputy Minister for the purpose of determining if the board is complying with the Act and this Regulation;

                             (b)   to make any survey that the Minister considers necessary

                                      (i)   to obtain information on resource sharing, or

                                     (ii)   to assist in the development of policies and procedures regarding networking between libraries.

AR 141/98 s16;172/2007

When municipal library may be in a school

17   A municipal board or intermunicipal library board shall not operate a library housed in a school unless

                             (a)   the board enters into an agreement with the school authority that sets out the responsibilities of the board and the school authority for the operation of the library, including the responsibilities of the employees and volunteers of both,

                             (b)   the board has its own bank account and signing officers, none of whom are employees of the school authority, and

                             (c)   the library is open to the public outside of the hours during which the school is in operation for regular classes, including being open during evenings or weekends or both, and during the summer.

AR 141/98 s17;172/2007

Contents of intermunicipal agreement

17.1   An intermunicipal agreement shall, at a minimum, contain the following:

                             (a)   a formal indication of each municipality’s desire to enter into the intermunicipal agreement;

                             (b)   a starting date for the intermunicipal agreement;

                             (c)   provision for a third municipality to become a party to the intermunicipal agreement after the starting date if only 2 municipalities enter into the intermunicipal agreement initially;

                             (d)   provision for the appointment of not more than 10 and not fewer than 7 members to the intermunicipal library board, with a requirement that only one member of council from each municipality that is a party to the agreement may be appointed as a member to the intermunicipal library board;

                             (e)   terms respecting the terms of appointment of the members of the intermunicipal library board;

                              (f)   the annual date by which the intermunicipal library board must submit a budget and an estimate of the money required during the ensuing fiscal year to each municipality that is a party to the intermunicipal agreement;

                             (g)   terms specifying how the intermunicipal library board must calculate the estimate of the money required during the ensuing fiscal year and each municipality’s share of that money, the date on which payment of the money becomes due from each municipality, and how the money is to be paid;

                             (h)   terms specifying the form of the financial report to be prepared under section 12.7 of the Act and setting out a process for the approval of the qualifications of the person who will review the accounts of the intermunicipal library board and prepare the financial report;

                              (i)   terms governing the process for amending and terminating the intermunicipal agreement;

                              (j)   details of the assets and liabilities that each municipality that is a party to the intermunicipal agreement will transfer to the intermunicipal library board on the formation of the board;

                             (k)   where the intermunicipal agreement is an agreement between 3 municipalities, terms respecting the transfer of assets and liabilities of the intermunicipal library board in the event that one of the 3 municipalities withdraws from the agreement;

                              (l)   a procedure to be used to resolve or attempt to resolve any conflict between the municipalities that are parties to the intermunicipal agreement;

                            (m)   terms respecting the notice that a municipality must give to the intermunicipal library board and to the other municipalities that are parties to the intermunicipal agreement before making an application under section 17.2.

AR 172/2007 s10

Dissolution of intermunicipal library board

17.2(1)  The council of a municipality that is a party to an intermunicipal agreement may, by bylaw, authorize the municipality to apply to the Minister to dissolve the intermunicipal library board.

(2)  An application to the Minister to dissolve an intermunicipal library board must contain a proposed winding‑up plan that addresses the transfer of all of the assets and liabilities of the intermunicipal library board.

(3)  If complete applications to dissolve an intermunicipal library board are received

                             (a)   from one or both municipalities that are parties to an intermunicipal agreement that is between 2 municipalities, or

                             (b)   from 2 or 3 municipalities that are parties to the intermunicipal agreement that is between 3 municipalities,

the Minister may, by order, dissolve the intermunicipal library board and transfer the assets and liabilities of the intermunicipal library board in accordance with the proposed winding‑up plan or in any other manner the Minister considers appropriate if the municipalities cannot agree as to how the assets and liabilities should be distributed.

AR 172/2007 s10

Part 4
Library System Boards

Plan of service

18(1)  In managing and controlling a library system, a library system board shall, within 4 years of being established, develop and file with the Minister a plan of service with a mission statement and goals and objectives based on an assessment of

                             (a)   the needs of the municipal boards and intermunicipal library boards within the library system,

                             (b)   the library needs of those school authorities that are parties to an agreement referred to in section 13 of the Act, and

                             (c)   the need for public library service generally.

(2)  A library system board shall review and file with the Minister a copy of its plan of service with goals and objectives every 3 years following the date on which the plan was previously filed with the Minister.

(3)  In developing a plan of service under this section, a library system board shall establish and include procedures to address the following:

                             (a)   co‑operation with municipal boards and intermunicipal library boards to assemble, make available, promote, preserve and dispose of organized collections of library resources to meet the needs and interests of the communities served;

                             (b)   employment of suitably qualified staff, with the knowledge and ability to help municipal boards and intermunicipal library boards and their employees to provide comprehensive and efficient library service as well as to operate the library system;

                             (c)   co‑operation with municipal boards, intermunicipal library boards and other groups in the communities that it serves in the initiation and provision of information services, program events and other activities related to its goals and objectives;

                             (d)   provision of fixtures, furnishings and accommodation necessary for proper operation and maintenance of the library services and maintenance of the assets of the library system board in a proper state of preservation and repair;

                             (e)   the development, implementation and operation of a provincial resource sharing network in partnership with the Minister and other library system boards.

AR 141/98 s18;251/2001;193/2003;172/2007

Employment of professional librarians

19(1)  A library system board shall employ, for every 25 000 persons that it serves, a graduate of a postgraduate library program in Canada or a person with equivalent qualifications from another country.

(2)  A calculation under subsection (1) of the number of persons that a library system board serves shall exclude the population of any municipality in which a municipal board or intermunicipal library board employs a person under section 14.

AR 141/98 s19;172/2007

Reports to Minister

20(1)  A library system board shall annually complete and file with the Minister a report in a form and containing the information required by the Minister with respect to

                             (a)   the library system board, and

                             (b)   each library service point as specified by the Minister.

(2)  A library system board shall file with the Minister a report containing its minutes and resolutions as soon as practicable after each meeting of the board.

Requests by Deputy Minister

21   The Deputy Minister may, by written request, require a library system board

                             (a)   to make any survey that the Minister considers necessary

                                      (i)   to obtain information on resource sharing, or

                                     (ii)   to assist in the development of policies and procedures regarding networking between libraries;

                             (b)   to provide any information that the Minister considers necessary to undertake a systematic review of library services within the library system.

Part 5
Completion of Library Systems

Definitions

22   In this Part,

                             (a)   “agreement” means an agreement referred to in section 13 of the Act;

                             (b)   “jurisdiction” means a municipality, an improvement district, a special area or a Metis settlement;

                             (c)   “resource centre” means a municipal library within a library system that the library system board designates as a resource centre.

AR 141/98 s22;251/2001

Library system membership

23   A jurisdiction or school authority shall not request the Minister to establish a library system under section 13 of the Act unless a minimum of 75% of the parties to the agreement are jurisdictions.

AR 141/98 s23;251/2001

Resolutions before membership

24(1)  Before a jurisdiction that is not a party to an intermunicipal agreement becomes a member of a library system,

                             (a)   the municipal board in the jurisdiction shall pass a resolution accepting service from the library system board and providing its recommendations to the jurisdiction’s council with respect to the agreement, and

                             (b)   the jurisdiction’s council shall pass a resolution assenting to the agreement.

(1.1)  Before a jurisdiction that is a party to an intermunicipal agreement becomes a member of a library system,

                             (a)   the intermunicipal library board established by the intermunicipal agreement shall pass a resolution accepting service from the library system board for that jurisdiction and providing its recommendations to the council of each jurisdiction that is a party to the intermunicipal agreement with respect to the agreement, and

                             (b)   the jurisdiction’s council shall pass a resolution assenting to the agreement.

(2)  Before a school authority becomes a member of a library system, it shall pass a resolution accepting service from the library system board on the terms and conditions prescribed by that board.

AR 141/98 s24;172/2007

Contents of agreement

25(1)  An agreement shall at a minimum contain the following terms:

                             (a)   a formal indication of the parties’ desire to enter into an agreement;

                             (b)   a starting date for the agreement;

                             (c)   provision for parties to become members of the library system after the starting date;

                             (d)   terms setting out the powers and duties of the library system board;

                             (e)   provision for the establishment of an executive committee of not more than 10 persons when the number of members of the library system board is more than 20, and a statement of the powers and duties of that committee;

                              (f)   terms specifying how to calculate the estimate of the money required under section 18 of the Act, the date on which payment of the money becomes due and how the money is to be paid;

                             (g)   an explanation of the financial relationship between the library system board and the parties to the agreement;

                             (h)   an explanation of the financial relationship between the library system board and the municipal boards and intermunicipal library boards;

                              (i)   terms setting out the services that the library system board will provide, including a commitment to make all library resources acquired by the board available to all residents served by the library system;

                              (j)   an explanation of the relationship between the library system board, the municipal boards, the intermunicipal library boards and the board of the resource centre respecting the provision of library services, subject to section 19 of the Act;

                             (k)   provision for expansion of the library system to all jurisdictions within the prescribed boundaries;

                              (l)   terms specifying the reports required by the library system board from municipal boards, intermunicipal library boards and advisory committees and the reports to be provided by the library system board to the councils;

                            (m)   terms governing the method for amendment, extension and renewal of the agreement.

(2)  An agreement shall be signed by the persons authorized by the councils to enter into the agreement and by the chairs of municipal boards and intermunicipal library boards where they exist.

(3) to (5)  Repealed AR 180/2013 s2.

AR 141/98 s25;251/2001;193/2003;172/2007;180/2013

Notice of withdrawal

26   If a party to an agreement gives notice of withdrawal under section 22 of the Act, the library system board

                             (a)   shall, not later than 90 days prior to the effective date of withdrawal, provide to that party’s council and municipal board or intermunicipal library board, if any, a written appraisal of the expected effects of that withdrawal on the provision of library services to the residents of that jurisdiction or school authority, and

                             (b)   may request a review by that party’s council and municipal board or intermunicipal library board, if any, of the notice of withdrawal.

AR 141/98 s26;251/2001;172/2007

Request to Minister

27(1)  A jurisdiction or school authority that wants to become a member of an existing library system shall forward to the Minister a request to that effect.

(2)  Section 23 applies to an application under this section.

(3)  The Minister shall not approve an application to join an existing library system unless a minimum of 75% of the parties to the agreement are jurisdictions.

Mergers

28(1)  Two or more library system boards may apply to the Minister for a merger of their library systems into a single library system if at least 51% of the parties to each agreement, representing at least 51% of the population of each library system, have passed a resolution approving the proposed merger.

(2)  An application under subsection (1)

                             (a)   shall be submitted not less than 60 days prior to the date on which the proposed merger is planned to take effect, and

                             (b)   shall be accompanied with the following:

                                      (i)   a proposed agreement to effect the merger;

                                     (ii)   a budget for the next fiscal year of the proposed library system;

                                    (iii)   a plan of service with goals and objectives for the proposed library system;

                                    (iv)   any recommendation for revision of boundaries.

Personal property of municipal board

29   All personal property of a municipal board or intermunicipal library board on the date on which a council signs an agreement affecting that board remains the property of the municipal board or intermunicipal library board unless

                             (a)   the municipal board or intermunicipal library board agrees, by resolution of a 2/3 majority of its membership, to transfer its assets to the library system board, or

                             (b)   in the case of library resources, the municipal board or intermunicipal library board agrees, by resolution, to transfer its library resources to the library system board for use elsewhere in the library system or for disposal.

AR 141/98 s29;172/2007

Real property of library system board

30   A library system board may not hold or own real property unless it is required for the purposes of administering the library system or for distribution of library resources.

Advisory committee

31(1)  A member of a library system board who is appointed by the council of a jurisdiction that does not have a municipal board or intermunicipal library board shall receive any concerns respecting library service to that jurisdiction’s residents from an advisory committee appointed by the council to transmit those concerns.

(2)  If a council does not appoint an advisory committee, the library system board may appoint an advisory committee to act under subsection (1).

AR 141/98 s31;172/2007

Library system board members

32(1)  When a library system board is established, it shall prepare a list that names every library system board member appointed by the councils that have signed the agreement.

(2)  An appointment under section 16(a) of the Act shall not exceed a term of 3 years.

(3)  A council of a municipality, Metis settlement or school authority shall not appoint a member under section 16(a) of the Act to serve for more than 9 consecutive years without the approval of 2/3 of all the members of that council.

(4)  Any vacancy in the membership of a library system board shall be filled in accordance with section 16 of the Act as soon as reasonably possible.

(5)  Subject to subsections (4) and (6), a council may, with respect to appointments under section 16(a) of the Act, appoint an alternate member to the library system board if its library system board member

                             (a)   is unable to attend a meeting of the library system board, and

                             (b)   has given notice to the library system board that an alternate member will attend.

(6)  The alternate member shall not act in place of the library system board member at more than 2 consecutive meetings except by resolution of the library system board.

AR 141/98 s32;251/2001

Appointment of additional members

33(1)  The Minister may, for terms determined by the Minister, appoint pursuant to section 16(d) of the Act additional members to a library system board if the Minister considers it necessary for the effective management of the board.

(2)  The board of a resource centre may, pursuant to section 16(d) of the Act, appoint one additional member to the library system board for a term not exceeding 3 years.

AR 141/98 s33;251/2001

Library system boundaries

34(1)  For the purposes of section 14(1)(b) of the Act, the boundaries of each library system are as set out in the Schedule to this Regulation.

(2)  Notwithstanding the Schedule, the municipalities of Grande Cache and Swan Hills may join either the Peace or Yellowhead library systems.

AR 141/98 s34;282/99;251/2001

Provincial resource sharing network

35   Every jurisdiction and school authority that is a member of a library system shall, for the purpose of managing its library services or public libraries, meet the requirements of the provincial resource sharing network.

Part 6
Federation Boards

Definition

36   In this Part, “agreement” means an agreement referred to in section 29 of the Act.

AR 141/98 s36;251/2001

Eligible municipal boards

37(1)  The municipal boards of Strathcona County, St. Albert or Fort Saskatchewan may form a federation board with The City of Edmonton Library Board.

(2)  The municipal board of Airdrie may form a federation board with The City of Calgary Library Board.

Resolution before membership

38   Before becoming a member of a federation board, a municipal board shall pass a resolution accepting service from the federation board according to the agreement.

Documents for Ministers approval

39(1)  Before an agreement is entered into, the municipal boards that propose to form a federation board shall provide the following documents to the Minister:

                             (a)   written resolutions from 2 or more municipal boards, one of which must be either The City of Calgary Library Board or The City of Edmonton Library Board, that endorse the formation of a federation board and signify assent to the terms of the proposed agreement;

                             (b)   a plan of service with goals and objectives for the proposed federation board;

                             (c)   a budget for the first 2 fiscal years of the proposed federation board.

(2)  Each document referred to in subsection (1) must be approved by the municipal boards not more than 90 days before being provided to the Minister.

(3)  On receiving approval from the Minister of the documents provided under subsection (1), municipal boards that enter into an agreement may proceed with a request to the Minister under section 29(1) of the Act to establish a federation board.

(4)  A request under section 29(1) of the Act shall be accompanied with the following:

                             (a)   a copy of the agreement signed by each party;

                             (b)   a list of the names, addresses and telephone numbers of each party’s board members.

AR 141/98 s39;251/2001

Contents of agreement

40(1)  An agreement shall at a minimum contain the following terms:

                             (a)   a formal indication of the parties’ desire to enter into an agreement;

                             (b)   a starting date for the agreement;

                             (c)   provision for parties to become members of the federation board after the starting date;

                             (d)   terms setting out the powers and duties of the federation board;

                             (e)   an explanation of the relationship between the federation board and each member respecting the manner in which the relationship will operate and how library services will be provided;

                              (f)   terms specifying how to calculate each party’s share of the federation board expenses under section 29(2)(c) of the Act, the date on which payment of the money becomes due and how the money is to be paid;

                             (g)   an explanation of the financial relationship between the federation board and the parties to the agreement;

                             (h)   terms setting out the services that the federation board will provide, including a commitment to make all library resources acquired by the board available to all residents served by the members of the federation board;

                              (i)   terms specifying the reports that are required to be provided to each other by the federation board and the municipal boards;

                              (j)   terms governing the method for amendment, extension and renewal of the agreement.

(2)  An agreement shall be signed by the persons authorized by the municipal boards to enter into the agreement.

AR 141/98 s40;251/2001

Personal property of municipal board

41   All personal property of a municipal board on the date on which it enters into an agreement remains the property of the municipal board.

Real property

42   A federation board may not own or hold real property.

Federation board members

43(1)  When a federation board is established, it shall prepare a list that names every federation board member appointed by each party to the agreement.

(2)  Any vacancy arising from any cause in the membership of a federation board shall be filled in accordance with section 30 of the Act as soon as reasonably possible.

(3)  Subject to subsection (2), a municipal board may, with respect to appointments under section 30 of the Act, appoint an alternate member to the federation board if its federation board member

                             (a)   is unable to attend a meeting of the federation board, and

                             (b)   has given notice to the federation board that an alternate member will attend.

AR 141/98 s43;251/2001

Plan of service

44(1)  In managing and controlling a federation, a federation board shall, within 4 years of being established, prepare and file with the Minister a report that

                             (a)   assesses the needs of its member municipal boards for federation services,

                             (b)   assesses the need for public library service generally, and

                             (c)   develops goals and objectives suitable to meeting those needs.

(2)  A federation board shall review at least every 3 years the goals and objectives developed under subsection (1).

(3)  A federation board

                             (a)   shall, within one year of filing its report under subsection (1), develop and file with the Minister a plan for comprehensive and efficient service that implements the goals and objectives developed under subsection (1), and

                             (b)   shall review and file with the Minister a copy of its plan under clause (a) not less frequently than every 5 years and not more frequently than every 3 years following the date on which the plan was previously filed with the Minister.

Reports to Minister

45   A federation board shall

                             (a)   annually complete and file with the Minister a report in a form and containing the information required by the Minister, and

                             (b)   file with the Minister a report containing its minutes and resolutions as soon as practicable after each meeting of the board.

Requests by Deputy Minister

46   The Deputy Minister may, by written request, require a federation board

                             (a)   to make any survey that the Minister considers necessary

                                      (i)   to obtain information on resource sharing, or

                                     (ii)   to assist in the development of policies and procedures regarding networking between libraries;

                             (b)   to provide any information that the Minister considers necessary to undertake a systematic review of library services within the federation.


Part 7
Repeal and Expiry

Repeal

47   The Libraries Regulation (AR 342/84) is repealed.

Expiry

48   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2018.

AR 141/98 s48;193/2003;172/2007;180/2013

Schedule