Public Libraries Act

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Sections96

• 1Definitions

  1 In this Act, “board” in Part I means a public library board, a union board, a county library board or a county library co-operative board; (“conseil”) “lower-tier municipality”, in relation to a county, means a municipality that forms part of the county for municipal purposes; (“municipalité de palier inférieur”) “Minister” means the Minister of Culture or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”) “municipality” means a local municipality; (“municipalité”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act; (“règlements”) “single-tier municipality”, in relation to a county, means a municipality that is geographically located within the county but does not form part of the county for municipal purposes. (“municipalité à…

• 1.
• PART I PUBLIC LIBRARY SERVICE
• Section Amendments with date in force (d/m/y)

  Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 24 (1) - 01/01/2003; 2002, c. 18, Sched. F, s. 3 (1-3) - 26/11/2002 2009, c. 33, Sched. 11, s. 7 (1) - 01/04/2010 PART I PUBLIC LIBRARY SERVICE

• [s2]

  Public Library Boards

• 2Public libraries continued

  2 Every public library established under a predecessor of this Part that was being operated immediately before the 29th day of March, 1985, is continued subject to this Part. R.S.O. 1990, c. P.44, s. 2.

• 2.
• 3Establishment of public library

  3 (1) The council of a municipality may by by-law establish a public library. R.S.O. 1990, c. P.44, s. 3 (1); 2002, c. 18, Sched. F, s. 3 (4). Copy of by-law to be sent to Minister (2) When a by-law is passed under subsection (1), the clerk shall promptly mail or deliver a copy of the by-law to the Minister. R.S.O. 1990, c. P.44, s. 3 (2). Board (3) A public library shall be under the management and control of a board, which is a corporation known in English as The (insert name of municipality) Public Library Board and in French as Conseil de la bibliothèque publique de (insert name of municipality). R.S.O. 1990, c. P.44, s. 3 (3).

• 3.
• [s5]
• Section Amendments with date in force (d/m/y) #5

  Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 3 (4) - 26/11/2002 Union Boards

• 4Union libraries continued

  4 Every union public library established under a predecessor of this Part that was being operated immediately before the 29th day of March, 1985, is continued subject to this Part. R.S.O. 1990, c. P.44, s. 4.

• 4.
• 5Establishment of union public library

  5 (1) The councils of two or more municipalities may make an agreement for the establishment of a union public library. R.S.O. 1990, c. P.44, s. 5 (1). Agreement (2) An agreement under subsection (1) shall specify what proportion of the cost of the establishment, operation and maintenance of the union public library, including the cost of existing libraries, shall be paid by each municipality. R.S.O. 1990, c. P.44, s. 5 (2). Union board (3) A union public library shall be under the management and control of a union board, which is a corporation known in English as The (insert appropriate name) Union Public Library Board and in French as Conseil de la bibliothèque publique unie de (insert appropriate name). R.S.O. 1990, c. P.44, s. 5 (3). Dissolution of public library boards (4) When an agreement is made under subsection (1), (a) the public library boards established for the municipalitie…

• 5.
• [s8]
• Section Amendments with date in force (d/m/y) #8

  Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 3 (5) - 26/11/2002 County Library Boards

• 6County libraries continued

  6 Every county library established under a predecessor of this Part that was being operated immediately before the 29th day of March, 1985, is continued subject to this Part. R.S.O. 1990, c. P.44, s. 6.

• 6.
• 7County library establishment

  7 (1) Where resolutions of the councils of at least two-thirds of the municipalities forming part of a county for municipal purposes request that the county establish a county library, the council of the county may by by-law establish a county library for those municipalities. R.S.O. 1990, c. P.44, s. 7 (1). Copy of by-law to be sent to Minister (2) When a by-law is passed under subsection (1), the clerk shall promptly mail or deliver a copy of the by-law to the Minister. R.S.O. 1990, c. P.44, s. 7 (2). Additional members: agreements (3) At any time after a county library is established, the council of a non-participating lower-tier municipality or single-tier municipality and the county council may make an agreement bringing the non-participating lower-tier municipality or single-tier municipality into the county library, and the county council shall amend the establishing by-law accord…

• 7.
• [s11]
• Section Amendments with date in force (d/m/y) #11

  Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 24 (2) - 01/01/2003; 2002, c. 18, Sched. F, s. 3 (6) - 26/11/2002 County Library Co-operative Boards

• 8County library co-operative boards continued

  8 (1) Every county library co-operative board established under a predecessor of this Act that was in existence immediately before the 29th day of March, 1985, is continued subject to this Part. R.S.O. 1990, c. P.44, s. 8 (1). When dissolved (2) If a county library co-operative board has jurisdiction in an area for which a county library is established, the county library co-operative board is dissolved, and its assets and liabilities are vested in and assumed by the county library board. 2002, c. 18, Sched. F, s. 3 (7).

• 8.
• [s13]
• Section Amendments with date in force (d/m/y) #13

  Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 3 (7) - 26/11/2002 General

• 9Composition of public library board

  9 (1) A public library board shall be composed of at least five members appointed by the municipal council. 2002, c. 18, Sched. F, s. 3 (8). Composition of union board (2) A union board shall be composed of at least five members appointed by the councils of the affected municipalities in the proportions and in the manner specified in the agreement made under subsection 5 (1). 2002, c. 18, Sched. F, s. 3 (8). Composition of county library board (3) A county library board shall be composed of at least five members appointed by the county council. 2002, c. 18, Sched. F, s. 3 (8). Same (4) When a single-tier municipality joins a county library, the members of the county library board shall be appointed by the county council and the council of the single-tier municipality in the proportions agreed upon by the county council and the council of the single-tier municipality. 2002, c. 18, Sched. …

• 9.
• 10Board members

  10 (1) A person is qualified to be appointed as a member of a board who is a member of the appointing council or, (a) is at least eighteen years old; (b) is a Canadian citizen or a permanent resident of Canada within the meaning of the Immigration and Refugee Protection Act (Canada); (c) is, (i) a resident of the municipality for which the board is established in the case of a public library board, a resident of one of the municipalities for which the board is established in the case of a union board, a resident of one of the participating municipalities in the case of a county library board, or a resident of the area served by the board in the case of a county library co-operative board, (ii) a resident of a municipality that has a contract with the board under section 29, (iii) a resident of the board area of a local service board that has a contract with the board under section 29, (i…

• 10.
• 11Notice of vacancies

  11 (1) The clerk of the appointing municipality or county or, in the case of a union board, the clerks of the affected municipalities shall give public notice of vacancies on the board by publishing a notice of them, inviting applications, in a newspaper of general circulation in the municipality. R.S.O. 1990, c. P.44, s. 11 (1). Idem (2) The notice referred to in subsection (1) shall be in English or in both English and French, as may be appropriate. R.S.O. 1990, c. P.44, s. 11 (2). (3) Repealed: 2002, c. 18, Sched. F, s. 3 (11). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 3 (11) - 26/11/2002

• 11.
• 12Vacancies

  12 Where a vacancy arises in the membership of a board, the appointing council shall promptly appoint a person to fill the vacancy and to hold office for the unexpired term, except where the unexpired term is less than forty-five days. R.S.O. 1990, c. P.44, s. 12.

• 12.
• 13Disqualification of board member

  13 If a board member, (a) is convicted of an indictable offence; (b) becomes incapacitated; (c) is absent from the meetings of the board for three consecutive months without being authorized by a board resolution; (d) ceases to be qualified for membership under clause 10 (1) (c); or (e) otherwise forfeits his or her seat,

• 13.
• [s19]

  the member’s seat becomes vacant and the remaining members shall forthwith declare the seat vacant and notify the appointing council accordingly. R.S.O. 1990, c. P.44, s. 13.

• 14.
• 14First meeting

  14 (1) The first meeting of a board in a new term shall be called, (a) if a by-law has been passed under subsection (2), by the chief executive officer appointed under subsection 15 (2); and (b) if no by-law has been passed under subsection (2), by the clerk of the appointing council or, in the case of a union board, the clerk of the municipality having the greatest population. R.S.O. 1990, c. P.44, s. 14 (1). By-law re calling first meeting (2) A municipal council or, in the case of a union board, a majority of the municipal councils affected may by by-law authorize the chief executive officer appointed under subsection 15 (2) to call the first meeting of the board in each new term. R.S.O. 1990, c. P.44, s. 14 (2). Chair (3) A board shall elect one of its members as chair at its first meeting in a new term. R.S.O. 1990, c. P.44, s. 14 (3). Acting chair (4) In the absence of the chair, t…

• 15.
• 15Staff

  15 (1) A board may appoint and remove such employees as it considers necessary, determine the terms of their employment, fix their remuneration and prescribe their duties. R.S.O. 1990, c. P.44, s. 15 (1); 1993, c. 27, Sched. Chief executive officer (2) A board shall appoint a chief executive officer who shall have general supervision over and direction of the operations of the public library and its staff, shall attend all board meetings and shall have the other powers and duties that the board assigns to him or her from time to time. R.S.O. 1990, c. P.44, s. 15 (2). Secretary (3) A board shall appoint a secretary who shall, (a) conduct the board’s official correspondence; and (b) keep minutes of every meeting of the board. R.S.O. 1990, c. P.44, s. 15 (3). Treasurer (4) A board shall appoint a treasurer who shall, (a) receive and account for all the board’s money; (b) open an account or …

• 16.
• 16Meetings

  16 (1) A board shall hold at least seven regular meetings in each year. 2019, c. 14, Sched. 12, s. 2. Special meetings (2) The chair or any two members of a board may summon a special meeting of the board by giving each member reasonable notice in writing, specifying the purpose for which the meeting is called. R.S.O. 1990, c. P.44, s. 16 (2). (3), (4) Repealed: 2002, c. 17, Sched. C, s. 24 (4). Quorum (5) The presence of a majority of the board is necessary for the transaction of business at a meeting. R.S.O. 1990, c. P.44, s. 16 (5). Voting (6) The chair or acting chair of a board may vote with the other members of the board upon all questions, and any question on which there is an equality of votes shall be deemed to be negative. R.S.O. 1990, c. P.44, s. 16 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 24 (4) - 01/01/2003 2009, c. 33, Sched. 11, s. 7 (2)…

• 16.1Open and closed meetings

  16.1 (1) In this section, “committee” means any advisory or other committee, subcommittee or similar entity of which at least 50 per cent of the members are also members of the board; (“comité”) “meeting” means any regular, special, committee or other meeting of the board. (“réunion”) 2002, c. 17, Sched. C, s. 24 (5). Open meetings (2) Except as provided in this section, all meetings shall be open to the public. 2002, c. 17, Sched. C, s. 24 (5). Improper conduct (3) The board chair may expel any person for improper conduct at a meeting. 2002, c. 17, Sched. C, s. 24 (5). Closed meetings (4) A meeting or part of a meeting may be closed to the public if the subject matter being considered is, (a) the security of the property of the board; (b) personal matters about an identifiable individual; (c) a proposed or pending acquisition or disposition of land by the board; (d) labour relations or …

• 17.
• 17Language

  17 A board may conduct its meetings in English or French or in both English and French and subsections 247 (1), (4), (5) and (6) of the Municipal Act, 2001 or subsections 195 (1), (4), (5) and (6) of the City of Toronto Act, 2006, as the case may be, apply with necessary modifications. 2002, c. 17, Sched. C, s. 24 (6); 2006, c. 32, Sched. C, s. 53 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 24 (6) - 01/01/2003 2006, c. 32, Sched. C, s. 53 (1) - 01/01/2007

• 18.
• 18Expenses

  18 A board may reimburse its members for proper travelling and other expenses incurred in carrying out their duties as members. R.S.O. 1990, c. P.44, s. 18.

• 19.
• 19Real property

  19 (1) A board may, with the consent of the appointing council or, where it is a union board, the consent of a majority of the councils of the municipalities for which it was established, (a) acquire land required for its purposes by purchase, lease, expropriation or otherwise; (b) erect, add to or alter buildings; (c) acquire or erect a building larger than is required for library purposes, and lease any surplus part of the building; and (d) sell, lease or otherwise dispose of any land or building that is no longer required for the board’s purposes. R.S.O. 1990, c. P.44, s. 19 (1). Application of Expropriations Act (2) The Expropriations Act applies to the expropriation of land under subsection (1). R.S.O. 1990, c. P.44, s. 19 (2).

• 20.
• 20Powers and duties of board

  20 A board, (a) shall seek to provide, in co-operation with other boards, a comprehensive and efficient public library service that reflects the community’s unique needs; (b) shall seek to provide library services in the French language, where appropriate; (c) shall operate one or more libraries and ensure that they are conducted in accordance with this Act and the regulations; (d) may operate special services in connection with a library as it considers necessary; (e) shall fix the times and places for board meetings and the mode of calling and conducting them, and ensure that full and correct minutes are kept; (f) shall make an annual report to the Minister and make any other reports or provide any other information required by this Act and the regulations or requested by the Minister from time to time; (g) shall make provision for insuring the board’s real and personal property; (h) s…

• 21.
• 21Operation of branch libraries by county library board

  21 A county library board shall operate a branch library in each local municipality that operated a public library before that municipality became part of the county library system, unless the county council and the council of the municipality concerned agree otherwise. R.S.O. 1990, c. P.44, s. 21. Employee benefits

• 22.
• 22Pensions

  22 (1) A board may, by resolution, provide pensions for employees or any class of them and their surviving spouses and children. 2006, c. 32, Sched. C, s. 53 (2). Sick leave credits (2) A board may, by resolution, establish a system of sick leave credit gratuities for employees or any class of them in the manner and subject to the conditions set out in section 281 of the Municipal Act, 2001 or section 220 of the City of Toronto Act, 2006, as the case may be, and those sections apply with necessary modifications. 2006, c. 32, Sched. C, s. 53 (2). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 56 (1, 2) - 01/03/2000 2002, c. 17, Sched. C, s. 24 (7-9) - 01/01/2003 2005, c. 5, s. 60 (1-3) - 09/03/2005 2006, c. 32, Sched. C, s. 53 (2) - 01/01/2007

• 22. #29
• 23.
• 23Libraries to be open to public

  23 (1) A board shall not make a charge for admission to a public library or for use in the library of the library’s materials. R.S.O. 1990, c. P.44, s. 23 (1). Certain library services free (2) Every board shall allow the public to, (a) reserve and borrow circulating materials that are prescribed or belong to a prescribed class; and (b) use reference and information services as the board considers practicable, without making any charge. R.S.O. 1990, c. P.44, s. 23 (2). Fees (3) A board may impose such fees as it considers proper for, (a) services not referred to in subsections (1) and (2); (b) the use of the parts of a building that are not being used for public library purposes; and (c) the use of library services by persons who do not reside in the area of the board’s jurisdiction. R.S.O. 1990, c. P.44, s. 23 (3). Rules (4) Subject to the regulations, a board may make rules, (a) for th…

• 24.
• 24Estimates

  24 (1) A public library board, county library board or county library co-operative board shall submit to the appointing council, annually on or before the date and in the form specified by the council, estimates of all sums required during the year for the purposes of the board. R.S.O. 1990, c. P.44, s. 24 (1). Approval of estimates (2) The amount of the board’s estimates that is approved or amended and approved by the council shall be adopted by the board and shall be paid to the board out of the money appropriated for it. R.S.O. 1990, c. P.44, s. 24 (2). Idem (3) The board shall apply the money paid to it under subsection (2) in accordance with the estimates as approved, subject to subsection (4). R.S.O. 1990, c. P.44, s. 24 (3). Council may authorize variation (4) The council may, in its approval of the board’s estimates or at any time at the board’s request, authorize the board to ap…

• 25.
• 25Debentures for library purposes

  25 (1) The sums required by a public library board or union board for the purposes of acquiring land, for building, erecting or altering a building or for acquiring books and other things required for a newly established library may, on the application of the board, be raised by the issue of municipal debentures. R.S.O. 1990, c. P.44, s. 25 (1); 1996, c. 32, s. 83 (1). Application to council (2) The board’s application shall be made to the council or councils of the municipality or municipalities for which the board was established. R.S.O. 1990, c. P.44, s. 25 (2). Council to deal with application (3) The council or, if more than one, each of the councils, at the first meeting after receiving the application or as soon thereafter as possible, shall consider and approve or disapprove it, and if a vote in any council results in a tie, the application shall be deemed to be disapproved by th…

• 26.
• 26Operating costs

  26 (1) The amount estimated by a county library board to meet its operating costs, as approved by the council of a county, shall be included in the amounts to be provided by the county under clause 289 (1) (d) of the Municipal Act, 2001. 2002, c. 17, Sched. C, s. 24 (12). Part of levy (1.1) The amount mentioned in subsection (1) shall form part of the general upper-tier levy of the county, unless not all of the municipalities forming part of the county for municipal purposes participate in the county library, in which case the amount shall form part of a special upper-tier levy of the county that shall be levied in accordance with section 311 of the Municipal Act, 2001 on all the assessment rateable for upper-tier purposes in the municipalities forming part of the county for municipal purposes and that participate in the county library system. 2002, c. 17, Sched. C, s. 24 (12). Accommoda…

• 27.
• 27Grant from council

  27 The council of any municipality or county may make a grant in money, lands or buildings to a board. R.S.O. 1990, c. P.44, s. 27.

• 28.
• 28Inspection of records

  28 (1) Subject to subsection (2), a person may, during ordinary business hours, inspect any records, books, accounts and documents in the possession or control of a board’s secretary. 2002, c. 18, Sched. F, s. 3 (12). Exception (2) The secretary shall refuse to allow an inspection under subsection (1) in circumstances in which a head must refuse disclosure under any of sections 6 to 16 of the Municipal Freedom of Information and Protection of Privacy Act, and the secretary may refuse to allow an inspection under subsection (1) in circumstances in which a head may refuse disclosure under any of those sections of that Act. 2002, c. 18, Sched. F, s. 3 (12). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 3 (12) - 26/11/2002

• 29.
• 29Contract for library services

  29 (1) The council of a municipality, a local service board or the council of an Indian band may, instead of establishing or maintaining a public library, enter into a contract with a public library board, union board or county library board for the purpose of providing the residents of the municipality or local service board area or the members of the band, as the case may be, with library services, on the terms and conditions set out in the agreement. 2002, c. 17, Sched. C, s. 24 (13); 2009, c. 33, Sched. 11, s. 7 (5). Reports (2) The municipal council, local service board or band council entering into a contract under subsection (1) shall make any report required by this Act or the regulations or requested by the Minister. 2009, c. 33, Sched. 11, s. 7 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 24 (13) - no effect - see 2002, c. 18, Sched. F, s. 3 (13)…

• 30.
• 30Payments to boards

  30 (1) The Minister shall make a grant to every board for library purposes, on the prescribed conditions. R.S.O. 1990, c. P.44, s. 30 (1). Idem: where municipality, etc., has contract for library services (2) The Minister shall make a grant for library purposes to every municipality, local service board or Indian band that has a contract for library services under subsection 29 (1), on the prescribed conditions. R.S.O. 1990, c. P.44, s. 30 (2); 2002, c. 18, Sched. F, s. 3 (14). Idem: library of regional municipality (3) Where a regional municipality has established a public library board, the Minister shall make a grant to the board for library purposes as if it were a board under this Part. R.S.O. 1990, c. P.44, s. 30 (3). Idem: library of Indian band or local service board (4) Where the council of an Indian band or a local service board has established a public library, the Minister sh…

• Note: On April 1, 2010, Part II (sections 31 to 38) is repealed. See: 2009, c. 33, Sched. 11, ss. 7 (7), 11 (2).
• PART II ONTARIO LIBRARY SERVICE
• 31-33

  31-33 Repealed: 2009, c. 33, Sched. 11, s. 7 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 11, s. 7 (7) - 01/04/2010

• 31.
• 32.
• 34Repealed

  34 Repealed: 2009, c. 33, Sched. 11, s. 7 (7). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 3 (15) - 26/11/2002 2009, c. 33, Sched. 11, s. 7 (7) - 01/04/2010

• 33.
• 35-38

  35-38 Repealed: 2009, c. 33, Sched. 11, s. 7 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 11, s. 7 (7) - 01/04/2010 PART III GENERAL

• 34.
• 39Regulations

  39 The Lieutenant Governor in Council may make regulations, (a) providing for the distribution of all money appropriated by the Legislature for library purposes; (b) prescribing the conditions governing the payments of grants; (c) respecting the establishment, organization, management, premises and rules of public libraries; (d) prescribing circulating materials or classes of circulating materials for the purpose of clause 23 (2) (a). R.S.O. 1990, c. P.44, s. 39.

• 35.
• 40Special library service boards

  40 (1) The Minister may establish special library service boards to provide the resources and services that the Minister specifies and may make grants to special library service boards out of legislative appropriations for library purposes. R.S.O. 1990, c. P.44, s. 40 (1). Information to Minister (2) A special library service board established under subsection (1) shall submit to the Minister any information requested by the Minister. 2009, c. 33, Sched. 11, s. 7 (8). Toronto Public Library Board (3) The Toronto Public Library Board shall be deemed to be a special library service board and may provide library resources and services to the Ontario library community. R.S.O. 1990, c. P.44, s. 40 (3); 1997, c. 26, Sched. Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998 2009, c. 33, Sched. 11, s. 7 (8) - 01/04/2010

• 36.
• 41Withholding grant on default of board

  41 Where a board in any fiscal year fails to comply with this Act or the regulations, the Minister may withhold the whole or any part of the legislative grant that would otherwise be payable to the board for that year. R.S.O. 1990, c. P.44, s. 41.

• 37.
• 42Dissolution by Minister

  42 (1) The Minister may dissolve a public library board, a union board, a county library board or a county library co-operative board where the board has not, during the two year period immediately preceding the dissolution, maintained and operated a library. R.S.O. 1990, c. P.44, s. 42 (1). Idem (2) The Minister may dissolve an Ontario library service board where the Ontario library service area under its jurisdiction has been dissolved. R.S.O. 1990, c. P.44, s. 42 (2). Assets and liabilities of dissolved board (3) Where a board is dissolved under subsection (1), its assets and liabilities are vested in and assumed by the municipality or county or, in the case of a union board, are distributed as the Minister directs among the municipalities for which the union board was established. R.S.O. 1990, c. P.44, s. 42 (3); 2002, c. 18, Sched. F, s. 3 (16). Idem (4) Where a board is dissolved u…

• 38.
• PART III GENERAL
• 39.
• 40.
• 41.
• 42.