THE ONTARIO FREE LIBRARIES ACT, 1882

The first province-wide legislation to establish free public libraries in Canadian cities, towns, and villages was enacted in Ontario in 1882 (Ontario Statutes, 1882, chap. 22). These libraries were available to municipal residents at the point of entry without direct charge and were financed primarily by local tax revenue. The Ontario Act exemplified Victorian liberal-democratic ideas about local control, municipal taxation, and public access. To begin the process, a petition approved by ratepayers in a municipal election was required prior to formation of a library board by council bylaw--in effect, boards were created by popular assent. Second, three elective bodies normally shared board appointments: the municipal council and the public- and separate- school authorities. In theory, this practice helped safeguard library boards from sectarian and party interests. Third, appointments were for limited two- or three-year periods on an overlapping arrangement to allow for continuity, an important planning consideration at a time when municipal terms of office were usually only one year in length. Finally, the library board was entitled by law to levy a modest ‘Public Library Rate’—originally a maximum one-half mill on taxable assessment—and was obligated to submit its yearly estimates to council for approval. With an eye to the future, article 10 of the Act permitted the managers of local Mechanics' Institutes or Library Associations to transfer property to a municipality for the purposes of establishing a free public library. After Guelph citizens voted to establish a free library in January 1883 (officially founded on 10 February), the Mechanics' Institute became the first to transfer its holdings to the newly established Guelph Free Public Library on 15 March 1883.

The adoption of permissive legislation that specified semi-independent, appointed board status, secure (but modest) funding, and free access for local residents served Ontario reasonably well for decades. The law satisfied the liberal-democratic belief that libraries generally were educative institutions and the conservative (or elitist) preference for non-elective offices in which ‘prominent persons’ could exercise some form of direction in local government. The Ontario 1882 Act became a very influential model for subsequent legislation in western provinces: BC (1891), Manitoba (1899), Saskatchewan (1906), and Alberta (1907). In Ontario itself, the legislation was revised many times in the following eighty years and completely revamped in 1966 by a new Public Libraries Act to address the realities of rural library service and changing political realities in provincial and local government.

This general provincial act was, of course, permissive legislation allowing municipalities to establish free public libraries. Citizens in local communities were required to circulate petitions and submit the issue in local municipal elections. Nonetheless, the mandated principle stipulated in article 9 --  "All libraries, news-rooms, and museums established under this Act shall be open to the public, free of all charge"  -- would subsequently become a centerpiece for promotion of public library service in Canada.


The re-quoted Act follows:

CHAPTER 22.

An Act to provide for the establishment of Free Libraries

[Assented to 10th March, 1882.]

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:–

Short title

1. This Act may be cited as "The Free Libraries Act, 1882."

Establishment of free libraries

2. A free library may be established in any city, town, or incorporated village, in manner hereinafter provided.

(2) Where a free library is so established, there may, without any proceedings for the purpose under this Act, be connected with the library, a free news-room, or museum, or both; and there may be established a branch library, or branch libraries, and a branch news-room, or branch news-rooms, in the municipality.

(3) In case a petition is presented to the Council of a city, town, or incorporated village, signed by not less than one hundred electors in the case of a city, or not less than sixty in the case of a town, or not less than thirty in the case of an incorporated village, praying for the establishment of a free library under this Act; the council may pass a by-law giving effect to the petition, with the assent of the electors qualified to vote at municipal elections given before the final passing of the by-law as provided by the Municipal Law.

(4) In case the vote of the electors is adverse to the by-law, no new by-law for the same purpose shall afterwards be passed by the Council, to be submitted to the electors within the same municipal year.

Appointment of Board of Management

3. In case of the establishment of a Free Library under this Act, the general management, regulation and control of the library, and of the news-room and museum (if any) shall be vested in and exercised by a Board to be called the Board of Management; which Board shall be a body politic and corporate, and shall be composed of the mayor of the city or town, or the reeve of the village, and three other persons to be appointed by the Council, three by the Public School Board, or the Board of Education, of the municipality, and two by the Trustees of the Separate School, if any.

(2) No person who is a member of the body entitled to appoint shall be qualified to be a member of the Board of Management.

(3) Of the representatives appointed by the Council, and the Public School Board, or Board of Education and Separate School Trustees, respectively, one shall retire annually, but may be re-appointed.

(4) Of the three members first appointed by the Council, and Public School Board, or Board of Education respectively, one shall hold office until the first day of February after his appointment, one until the first day of February in the following year, and one until the same day in the year next thereafter; and of the two members first appointed by the Separate School Trustees, one shall hold office until the first day of February after his appointment, and one until the first day of February of the following year, but every member of the Board of Management shall continue in office after the time named until his successor is appointed.

(5) In case of a vacancy by the death or resignation of a member, or from any cause other than the expiration of the time for which he was appointed, the member appointed in his place shall hold office for the remainder of his term.

(6) Subject to these provisions, each of the members appointed by the Council, or Public School Board, or Board of Education, shall hold office for three years from the first day of February in the year in which he is appointed; and each of the members appointed by Separate School Trustees, for two years from the first day of February in the year in which he is appointed.

(7) The first appointment of members of the said Board shall be made at the first meeting of the appointing Council or Board, after the final passing of the by-law. The annual appointments thereafter shall be made at the first meeting of the appointing Council or Board, after the first day of January in every year; and any vacancy arising from any cause, other than the expiration of the time for which the member was appointed, shall be filled at the first meeting thereafter of the appointing Council or Board. But if for any reason appointments are not made at the said dates, the same shall be made as soon as may be thereafter.

(8) The Board of Management shall elect one of their number as chairman, who shall hold office for one year; he shall preside at meetings of the Board when present; in his absence a chairman may be chosen pro tem. The chairman shall have the same right of voting as the other members of the Board, and no other.

(9) The Board shall meet at least once every calendar month, and at such other times as they may think fit.

(10) The chairman or any two members may summon a special meeting of the Board by giving at least two days' notice in writing to each member, specifying the purpose for which the meeting is called.

(11) No business shall be transacted at any general or special meeting unless four members are present.

(12) All orders and proceedings of the Board shall be entered in books to be kept by them for that purpose, and shall be signed by the chairman for the time being.

(13) The orders and proceedings so entered and purporting to be so signed, shall be deemed to be original orders and proceedings, and (such books) may be produced and read as evidence (of the orders and proceedings) upon any judicial proceeding whatsoever.

Duties of Board

4. Subject to the restrictions and provisions hereinafter contained, the Board are, from time to time, to procure, erect, or rent the necessary buildings for the purposes of the library or of the library, news-room and museum (as the case may be); to purchase books, newspapers, reviews, magazines, maps and specimens of art and science, for the use of the library, news-room and museum, and to do all things necessary for keeping the same in a proper state of preservation and repair; and to purchase and provide the necessary fuel, lighting, and in other similar matters; and are to appoint and dismiss, as they see occasion, the salaried officers and servants employed.

Board may make by-laws respecting use of library

5. The Board may make by-laws or rules for the safety and use of the library, news-room, and museum, and for the admission of the public thereto; and for regulating all other matters and things whatsoever connected with the management of the library and of the news-room and museum (if any), and with the management of all property of every kind under their control for the purposes of this Act; and the Board may impose penalties for breaches of the by-laws or rules, not exceeding ten dollars for any offence; and may from time to time repeal, alter, vary, or re-enact any such by-laws or rules.

(2) After any such by-laws or rules have been published weekly for at least two weeks in a newspaper published in the municipality, or in a newspaper circulated therein if no newspaper is published therein, the by-laws and rules so published shall be binding on all parties concerned; but any judge or magistrate, before whom a penalty imposed thereby is sought to be recovered, may order a part only of such penalty to be paid, if he thinks fit.

(3) Nothing herein contained shall preclude the recovery of the value of articles or things damaged, or the amount of damage sustained, from parties liable for the same.

Board to make yearly estimates

6. The Board of Management shall, in the month of March in every year, make up or cause to be made up, an estimate of the sums required to pay, during the ensuing financial year:

The interest of any money borrowed as hereinafter mentioned;
The amount of the sinking fund; and
The expense of maintaining and managing the libraries,
           news-rooms or museums under their control, and
           of making the purchases required therefor.

(2) The Board shall report their estimate to the council not later than the first day of April in each year.

Board to keep regular accounts

7. The Board of Management shall keep distinct and regular accounts of their receipts, payments, credits and liabilities, and the accounts shall be audited by the auditors of the municipality, in like manner as other accounts of the municipality, and shall thereafter be laid before the Council by the Board of Management.

Special rate for library purposes

8. For the purpose of providing for the expenses necessary for carrying this Act into effect, the council of the municipality, in addition to all other rates and assessments levied and assessed for municipal purposes, shall levy and assess from year to year a special annual rate sufficient to furnish the amount estimated by the said Board to be required as aforesaid, but not exceeding one half of a mill in the dollar, upon the assessed value of all ratable real and personal property, such rate to be called "The Free Library Rate."

(2) The council may also, subject as hereinafter provided, on the requisition of the Board of Management, raise by a special issue of debentures of the municipality, to be termed "Free Library Debentures," such sums as may be required for the purpose of purchasing and erecting the necessary buildings, and, in the first instance, for obtaining books and other things required.

(3) During the currency of the debentures so issued the council shall withhold, and retain as a first charge on the said annual rate, such amount as shall be required to meet the annual interest of the debentures, and a sinking fund for the retirement thereof as the debentures become due, such sinking fund to be invested and dealt with as in the case of other municipal debentures.

(4) All moneys levied or raised as aforesaid shall be received by the treasurer of the municipality in the same manner as other municipal funds, and be paid out by him on the orders of the Board; save as to the amount required to meet the interest and provide a sinking fund for debentures issued as aforesaid.

(5) It shall not be necessary to submit to the electors a by-law authorizing the issue of debentures, provided the annual sum required to meet the annual interest and sinking fund do not, with a reasonable allowance for annual expenses, exceed the said limit of half a mill in the dollar.

Admission to be free

9. All libraries, news-rooms, and museums established under this Act shall be open to the public, free of all charge.

Mechanics' Institutes may transfer property to corporation of municipality for the purposes of this Act

10. At any time after the adoption of this Act in any municipality, any Mechanics' Institute or Library Association in the municipality may by agreement with the Board transfer to the corporation of the municipality, for the purposes of this Act, all or any property, real or personal, of the Institute or Association; but any transfer which, but for this section, the Institute or Association would not have authority to make, shall only be made in the manner provided by the Act respecting, the power of Mechanics' Institutes and Library Associations to deal with their real estate (42 Vic., cap. 29).

(2) In case the transfer is to be made on terms involving the assumption of any liability of the Institute or Association, or the payment of any money in consideration of the transfer, the agreement shall not be binding, unless approved of and consented to by by-law of the municipal council.

Act to be incorporated with Municipal and Assessment Acts

11. Upon the coming into operation of this Act in any municipality, it shall, as regards such municipality, be deemed to be incorporated with the Municipal and Assessment Acts from time to time affecting such municipality.

Forms

12. The forms in the schedule hereto may be used for the purposes of this Act, or any forms to the like effect and the recitals contained in the said forms shall be deemed sufficient, any provisions in the Municipal Act to the contrary notwithstanding. 

————

SCHEDULE.

 

FORM A.

PETITION.

To the Municipal Council of
    We, the undersigned electors of the said city of                                                                               [or as the case may be], respectfully pray that a Free Library may be established in this municipality under the Free Libraries Act, 1882.

———

FORM B.

BY-LAW FOR ESTABLISHING A FREE LIBRARY WITH THE ASSENT OF THE ELECTORS.

A By-law to provide for the establishment of a Free Library in the city of                                                 [or as the case may be].
    Whereas              electors have petitioned the council of the said city of                                     [or as the case may be], praying for the establishment of a Free Library under the Free Libraries Act, 1882;
    Be it therefore enacted by the said Municipal Council of the said city of                                      [or as the case may be] that, in case the assent of the electors is given to this By-law, a Free Library be established in this municipality in accordance with the provisions of the Free Libraries Act, 1882.
    And be it further enacted that the votes of the electors be taken on this By-law on                             the                            day of                              , 18       , commencing at nine o'clock in the morning and continuing until five o'clock in the afternoon, at the under-mentioned places : [Here insert (1) the ward; (2) the polling sub-division; (3) the place for holding the poll and the name of the Deputy Returning Officer.
    That on the                          day of                    next, at his office in the                      , at              o'clock in the           noon, the                                    [Mayor, Reeve, or as the case may be] shall appoint in writing, signed by him, two persons to attend to the final summing up of the votes by the Clerk,  and one person to attend at each polling place on behalf of the persons interested in and desirous of promoting the passing of this By-Law, and a like number on behalf of the persons interested in and desirous of opposing the passage of this By-law.

     That the Clerk of the said Municipal Corporation shall attend at the                       at the hour of                o'clock in the                noon, on the day of                  , 18        , to sum up the number of votes given for or against the By-law.

Notice by Clerk.

    The above is a true copy of a proposed By-law which will be taken into consideration by the Council of                        after one month from the                           day of                            , 18      , being the date of the first publication thereof, and the polls for taking the votes of the electors will be held at the hour, day and places named in the said By-law.

———

FORM C.

BY-LAW FOR THE ISSUE OF FREE LIBRARY DEBENTURES WHERE THE
ASSENT OF THE ELECTORS IS NOT REQUIRED.

 A By-law authorizing the issue of debentures for the purposes of a Free library.

     Whereas a By-Law of the Municipal Council of the city of                                               [or as the case may be] , was passed on the                          day of                                     establishing a Free Library in this municipality under the Free Libraries Act, 1882;
     And whereas a sum of  $                is required for the purposes of acquiring a site, erecting buildings, etc. [as the case may be], for the said Free Library, as appears by the special estimate for that purpose furnished by the Board of Management to the Council;
     And whereas it will require the sum of                  annually for a period of                          years, to pay the interest of the said debt, and the sum of $                      annually during the said period for the forming of a sinking fund of                                  per centum per annum for the payment of the debt created by this By-Law, making in all the sum of                                    annually as aforesaid ;
     And whereas it is necessary that such annual sum of                         shall in each year during the said period of years be charged on the special rate mentioned in the eighth section of the said Act.
     Be it therefore enacted by the said Municipal Council of the said city [or as the case may be] of                                    [or as the case may be], pursuant to the provisions of the Free Libraries. Act, 1882.
      That the Mayor [or as the case may be], of the said municipality may borrow on the credit of the said annual Library rate as aforesaid,  and may issue Free Library Debentures of the corporation to that amount in sums of not less than  $100 each, and payable within                     years from the date thereof, with interest at the rate of                             per centum per annum, that is to say in [insert the manner of payment, whether in annual payments or otherwise], such debentures to be payable at                              and to have attached to them coupons for the payment of interest.
     That during                        years, the sum of                          shall be raised and retained annually for the payment of interest on said debentures, and also the sum of                       for the purpose of forming a sinking fund of                     per centum per annum for the payment of the principal of the said loan of                                in               years, making in all the sum of                              to be raised and charged annually as aforesaid on the special Library rate unless the said debentures shall be sooner paid, for the purpose of paying the said sum of                          , with interest thereon as aforesaid.

  ——

FORM D.
FREE LIBRARY DEBENTURE.

No.                                                        Province of Ontario.                        $                  
[Name of Municipality.]

    Under and by virtue of the Free Libraries Act, 1882, and of By-law No.        of the Corporation of                        passed under the powers in said Act contained,
     The Corporation of                            promise to pay the bearer or                            in                    the sum of  $                                  on the                            day of                       A.D.                            and the half yearly coupons hereto attached as the same shall severally become due.
              [L.S.]                                                                                A. B.
                                                                                    Mayor [or as the case may be].
                                                                                                         C.D.
                                                                                                             Treasurer.