Newfoundland Act

The Newfoundland Act was an act of the Parliament of the United Kingdom that confirmed and gave effect to the Terms of Union agreed to between the then-separate Dominions of Canada and Newfoundland on 23 March 1949. It was originally titled the British North America Act 1949, but was renamed in Canada on the patriation of the Canadian Constitution from the United Kingdom in 1982.

British North America Act 1949
Act of Parliament
Long titleAn Act to confirm and give effect to Terms of Union agreed between Canada and Newfoundland
Citation12, 13 & 14 Geo. 6. c. 22
Territorial extent Dominion of Newfoundland, Dominion of Canada
Dates
Royal assent23 March 1949
Commencement31 March 1949
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

In exchange for Newfoundland becoming a province, the Canadian government took over the Newfoundland Railway, Newfoundland Airport (now Gander International Airport), public broadcasting, telegraph services and other services that fell under federal control. The federal government assumed responsibility for Newfoundland's debt.[1]

Newfoundland was also given statutory subsidies, a special subsidy of $1.1 million, the right to enter into tax rental agreements with the federal government and an additional transitional grant of $3.5 million, diminishing by 10 per cent per year for a total of 12 years. Also, as a safety net, it was agreed a royal commission would review finances.[1]

Amendments

After patriation, the Newfoundland Act has been amended four times through the Canadian constitutional amendment formulas.

List of amendments to the Newfoundland Act
Name Section(s) amended Purpose and notes Amending procedure
Constitution Amendment, 1987 s. 3 of Newfoundland Act and term 17 of schedule to that Act Extended education rights to the Pentecostal Church in Newfoundland.

Replaced by Constitution Amendment, 1998 (Newfoundland Act).

s. 43: House of Commons, Senate and Newfoundland House of Assembly
Constitution Amendment, 1997 (Newfoundland Act) term 17 of schedule to Newfoundland Act Allowed the Province of Newfoundland to create a secular school system to replace the church-based education system. s. 43: House of Commons and Newfoundland House of Assembly; Senate approval was bypassed with s. 47
Constitution Amendment, 1998 (Newfoundland Act) term 17 of schedule to Newfoundland Act Ended denominational quotas for Newfoundland religion classes. s. 43: House of Commons, Senate and Newfoundland House of Assembly
Constitution Amendment, 2001 (Newfoundland and Labrador) every instance of the word "Newfoundland" in the schedule to Newfoundland Act Changed the name of the "Province of Newfoundland" to the "Province of Newfoundland and Labrador". s. 43: House of Commons, Senate and Newfoundland House of Assembly

Previous Newfoundland Acts

Prior to the 1949 Act there were a handful of Acts with revisions to the Newfoundland's Constitution:[2]

Trade to Newfoundland Act 1698
Act of Parliament
Long titleAn Act to Incourage the Trade to Newfoundland.
Citation10 Will. 3. c. 14
(Ruffhead: 10 & 11 Will. 3. c. 25)
Dates
Royal assent4 May 1699
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
  • Newfoundland Act 1698 โ€“ encourage and established trade (fisheries) links in the region; also called King William's Act

Newfoundland Act 1832
Act of Parliament
Long titleAn Act to continue certain Acts relating to the Island of Newfoundland, and to provide for the Appropriation of all Duties which may hereafter be raised within the said Island.
Citation2 & 3 Will. 4. c. 78
  • Newfoundland Act 1832

Newfoundland Act 1842
Act of Parliament
Long titleAn Act for amending the Constitution of the Government of Newfoundland.
Citation5 & 6 Vict. c. 120
Dates
Royal assent12 August 1842
Text of statute as originally enacted

Newfoundland Act 1933
Act of Parliament
Long titleAn Act to empower His Majesty to issue Letters Patent making provision with respect to the administration of Newfoundland, to authorise the making out of public moneys of advances to the Government of Newfoundland and the guaranteeing by the Treasury of stock to be issued by that Government, and to amend the Colonial Development Act, 1929, in its application to Newfoundland.
Citation24 & 25 Geo. 5. c. 2
Dates
Royal assent21 December 1933
Other legislation
AmendsColonial Development Act 1929
Text of statute as originally enacted

See also

References

  1. Dominion Delegation, St. John's Telegram, 11 December 2005
  2. "Newfoundland Acts | the Canadian Encyclopedia".
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