Public Library Boards in Ontario

Contents

Municipalities may establish a public library which must be under the management of a board named [municipality] Public Library Board:

The council of a municipality may by by-law establish a public library.
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).
Section 3 of the Public Libraries Act

What is a Public Library Board?

A Public Library Board is a local board of a municipality that provides oversight and governs the municipality’s public library through its authority from the Public Libraries Act to ensure a comprehensive and efficient public library service that reflects the community’s unique needs. It must have at least 5 members consisting of a mix of council members and local residents who serve a 4 year term, meeting at least 7 times a year.

Who is on a Public Library Board?

A public library board must have at least 5 members appointed by the municipal council and council must not appoint more of its own members than:

Public library or union board: one less than a majority of the board
County library or a county co-operative library: a bare majority of the board.

Committee member eligibility

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,
(iv) a member of an Indian band that has a contract with the board under section 29, or
(v) a member of a second board that has entered into a contract with the board to purchase from it library services for the residents of the second board; and
(d) is not employed by the board or by the municipality or county or, in the case of a union board, by any of the affected municipalities.
Section 10 of the Public Libraries Act

Member ineligibility

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,
the member’s seat becomes vacant and the remaining members shall forthwith declare the seat vacant and notify the appointing council accordingly.
Section 13 of the Public Libraries Act

Term

A board member shall hold office for a term concurrent with the term of the appointing council, or until a successor is appointed, and may be reappointed for one or more further terms.

What is a Public Library Board responsible for?

Ensure adequate resources are available for the library to meet community need
Ensure funds are spent in accordance with the approved budget
Hire, supervise and evaluate the CEO
Set fees
Set rules for library admission and use, and the fines, suspensions and exclusion for breaking the rules
Annual report to the Minister of Culture
Acquire land required for its purposes by purchase, lease, expropriation or otherwise
Acquire or erect a building larger than is required for library purposes, and lease any surplus part of the building

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) shall take proper security for the treasurer; and
(i) may appoint such committees as it considers expedient. R.S.O. 1990, c. P.44, s. 20; 2009, c. 33, Sched. 11, s. 7 (3).
Section 20 of the Public Libraries Act

Meetings

A board shall hold at least seven regular meetings in each year.
Section 16 of the Public Libraries Act

Budget

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).
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.
Section 24 of the Public Libraries Act

Services that must be provided for free

A board shall not make a charge for admission to a public library or for use in the library of the library’s materials.
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.
Section 23 of the Public Libraries Act

What laws govern the Public Library Board?

Public Libraries Act

Public Library Boards meetings must be open to the public (as with all municipal committee meetings), with some exceptions.

Ontario Library Boards’ Association

Ontario Library Boards’ Association (OLBA) is a division of the Ontario Library Association (OLA) that represents public library board members (trustees) on issues relating to their areas of responsibility. The work of the OLBA is primarily to build a professional development (training) program that is responsive to common issues of common concern. It provides information materials and training forums for advancing board development.

Ontario Library Service Governance Hub

Governance Hub is an online portal for Ontario’s public library board members that provides access to resources, training, and information. It is the first place to look for information and resources related to your duties as a public library board member. The Governance Hub is managed by the Ontario Library Service, with input from the Ontario Library Boards’ Association and the Federation of Ontario Public Libraries.

What is a Public Library Board?