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SJNS Committee Report

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APPENDIX 3

EXTRA NO. 4, Vol. 131

Canada
Gazette

Part II

OTTAWA, FRIDAY, MAY 2, 1997

Registration
SI/97-55 2 May, 1997

CONSTITUTION ACT, 1982

Constitution Amendment Proclamation, 1987
(Newfoundland Act)

ROMÉO LeBLANC

[L.S.]

Canada

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

By His Excellency the Right Honourable Roméo LeBlanc, Governor General and Commander-in-Chief of Canada

To All To Whom these Presents shall come,

Greeting:

A Proclamation

Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

And whereas section 47 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada made by proclamation under section 43 may be made without a resolution of the Senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at any time after the expiration of the period, the House of Commons again adopts the resolution;

And whereas the House of Commons adopted a resolution on June 3, 1996 authorizing an amendment to the Constitution of Canada and, the Senate not having adopted such a resolution, the House of Commons again adopted the resolution on December 4, 1996;

And whereas Parliament was neither prorogued nor dissolved between June 3, 1996 and December 4, 1996;

And whereas the Legislative Assembly of the Province of Newfoundland adopted a resolution on October 31, 1995 authorizing an amendment to the Constitution of Canada;

And whereas the Queen's Privy Council for Canada has advised me to issue this proclamation;

Now know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule hereto.

In Testimony Whereof I have caused these Letters to be made patent and the Great Seal of Canada to be hereunto affixed.

At Government House, in the City of Ottawa, this twenty-first day of April in the Year of Our Lord One Thousand Nine Hundred and Ninety-seven.

By Command

JEAN CHRÉTIEN
Prime Minister of Canada

ALLAN ROCK
Attorney General of Canada

JOHN MANLEY
Registrar General of Canada

SCHEDULE

TERMS OF UNION

OF

NEWFOUNDLAND WITH CANADA

[Note: In this schedule, the references to the ``Constitution Acts, 1867 to 1940'' replace the original references to the ``British North America Acts, 1867 to 1946''. The B.N.A. Acts, 1943 and 1946 were repealed by the Constitution Act, 1982 (No. 44 infra).]

MEMORANDUM OF AGREEMENT ENTERED INTO ON THE ELEVENTH DAY OF DECEMBER, 1948, BETWEEN CANADA AND NEWFOUNDLAND

Whereas a delegation appointed from its members by the National Convention of Newfoundland, a body elected by the people of Newfoundland, consulted in 1947 with the Government of Canada to ascertain what fair and equitable basis might exist for the union of Newfoundland with Canada;

Whereas, following discussions with the delegation, the Government of Canada sent to His Excellency the Governor of Newfoundland for submission to the National Convention a statement of terms which the Government of Canada would be prepared to recommend to the Parliament of Canada as a fair and equitable basis for union, should the people of Newfoundland desire to enter into confederation;

Whereas the proposed terms were debated in the National Convention in Newfoundland and were before the people of Newfoundland when, by a majority at a referendum held on the twenty-second day of July, 1948, they expressed their desire to enter into confederation with Canada;

Whereas the Governments of the United Kingdom, Canada and Newfoundland agreed after the referendum that representatives of Canada and Newfoundland should meet and settle the final terms and arrangements for the union of Newfoundland with Canada;

And whereas authorized representatives of Canada and authorized representatives of Newfoundland have settled the terms hereinafter set forth as the Terms of Union of Newfoundland with Canada;

It is therefore agreed as follows:

TERMS OF UNION

Education

17. In lieu of section ninety-three of the Constitution Act, 1867, the following Term shall apply in respect of the Province ofNewfoundland :

    In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,

      (a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and
      (b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1. Term 17 of the Terms of Union of Newfoundland with Canada set out in the schedule to the Newfoundland Act is repealed and the following substituted therefor:
    ``17. In lieu of section ninety-three of the Constitution Act, 1867, the following shall apply in respect of the Province of Newfoundland:
    In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but
      (a) except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons;
      (b) subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools,
        (i) any class of persons referred to in paragraph (a) shall have the right to have a publicity funded denominational school established, maintained and operated especially for that class, and
        (ii) the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational;
      (c) where a school is established, maintained and operated pursuant to subparagraph
      (b)(i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in the school;
      (d) all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and
      (e) if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board's jurisdiction.''
Citation 2. This Amendment may be cited as the Constitution Amendment, 1997 (Newfoundland Act).

20 / 1 / 88 Canada Gazette Part II, Vol. 122, No. 2
Registration
S1/88/11 20 January, 1988

CONSTITUTION ACT, 1982

Constitution Amendment Proclamation, 1987
(Newfoundland Act)

By Her Excellency the Right Honourable Jeanne Sauvé, Governor General and Commander-in-Chief of Canada

To All to Whom these Presents shall come,

Greeting:

JEANNE SAUVÉ

A Proclamation

Whereas section 13 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

And Whereas the Senate, the House of Commons and the House of Assembly of the Province of Newfoundland have, by resolution, authorized an amendment to the Constitution of Canada to be made by proclamation issued by the Governor General under the Great Seal of Canada;

And Whereas the Queen's Privy Council for Canada has advised me to issue this proclamation;

Now Know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule hereto.

In testimony whereof I have caused these Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

At Government House, in the City of Ottawa, this twenty-second day of December in the Year of Our Lord One Thousand Nine Hundred and Eighty-seven.

By Command,

HARVIE ANDRE
Registrar General of Canada

RAY HNATYSHYN
Attorney General of Canada

BRIAN MULRONEY
Prime Minister of Canada





20 / 1 / 88 Canada Gazette Part II, Vol. 122, No. 2

SCHEDULE

Amendment to the Constitution of Canada

1. (1) Section 3 of the Newfoundland Act is renumbered as subsection 3(1).
(2) Section 3 of the said Act is further amended by adding thereto the following subsection:
References ``(2) A reference to this Act, or a reference to the Terms of Union of Newfoundland with Canada set out in the Schedule to this Act, shall be deemed to include a reference to any amendments thereto.''

2. (1) Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the said Act is renumbered as Term 17(1).
(2) Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the said Act is further amended by adding thereto the following:
``(2) For the purposes of paragraph one of this Term, the Pentecostal Assemblies of Newfoundland have in Newfoundland all the same rights and privileges with respect to denominational schools and denominational colleges as any other class or classes of persons had by law in Newfoundland at the date of Union, and the words ``all such schools'' in paragraph (a) of paragraph one of this Term and the words ``all such colleges'' in paragraph (b) of paragraph one of this Term include, respectively, the schools and the colleges of the Pentecostal Assemblies of Newfoundland.''

Citation

3. This Amendment may be cited as the Constitution Amendment, 1987 (Newfoundland Act).

 

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