ADMINISTRATIVE REPORT

Date: November 20 , 2001
Author/Local: S. Harvey/6001

RTS No.02421

CC File No. 4006

Council: December 11, 2001

TO:	Vancouver City Council
FROM:	Directors, Office of Cultural Affairs and Legal Services
SUBJECT:	Vancouver Art Gallery - Amendment to Constitution and By-laws

RECOMMENDATION

THAT Council approve amendments to the Constitution and By-laws of the Vancouver Art Gallery Association as outlined in this report.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

The Vancouver Art Gallery Association By-laws stipulate that no amendment may be made without being approved by City Council.

PURPOSE

This report seeks Council approval for two amendments to the Constitution and By-laws of the Vancouver Art Gallery Association (VAG) as outlined in this report.

BACKGROUND

Founded in 1931, the Vancouver Art Gallery (VAG) is an independent not-for-profit cultural organization which, as Canada's fourth largest public art museum, collects, preserves and exhibits the City of Vancouver's fine art collection, in trust for the citizens of Vancouver.

The Vancouver Art Gallery's Constitution clearly sets out the ownership of the assets held and acquired by the VAG including the collection (see Appendix "A", Section 2). Inrecognition of the role of the VAG as trustee of the City's collection, the By-laws also clearly confirm ownership of the assets (see Appendix "A", Section 15.2.

Further, By-law 14.1 provides that:

"No amendment to these By-laws shall be made without being approved by the Council of the City of Vancouver".

DISCUSSION

Earlier in the year, the B.C. Gaming Commission determined that the VAG was no longer eligible for access to gaming revenues. They advised the VAG that in order to qualify for future funds, they must amend their Constitution and By-laws with respect to:

· dissolution; and
· remuneration to trustees.

The exact wording of the two proposed amendments in attached to this report as Appendix "B". Cultural Affairs and Legal Services staff have reviewed the proposed amendments and concur that they are appropriate. Staff note that the proposed dissolution clause refers only to the disposition of the VAG's property and not the City's assets which includes the collection ("pictures, paintings, etchings, statuary and other works of art"), as well as furniture, furnishings, and equipment (see By-law 15.1 attached as Appendix A).

CONCLUSION

Staff support the proposed amendments to the VAG by-laws and recommend Council APPROVAL.

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(c) 1998 City of Vancouver