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.
| Act of Parliament | |
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| Long title | An Act to confirm and give effect to Terms of Union agreed between Canada and Newfoundland |
|---|---|
| Citation | 12, 13 & 14 Geo. 6. c. 22 |
| Territorial extent | Dominion of Newfoundland, Dominion of Canada |
| Dates | |
| Royal assent | 23 March 1949 |
| Commencement | 31 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| Text of statute as originally enacted | |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.
| 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 | |
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| Long title | An Act to Incourage the Trade to Newfoundland. |
| Citation | 10 Will. 3. c. 14 (Ruffhead: 10 & 11 Will. 3. c. 25) |
| Dates | |
| Royal assent | 4 May 1699 |
| Other legislation | |
| Repealed by | Statute Law Revision Act 1867 |
Status: Repealed | |
- Newfoundland Act 1698 – encourage and established trade (fisheries) links in the region; also called King William's Act
| Newfoundland Act 1832 | |
|---|---|
| Act of Parliament | |
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| Long title | An 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. |
| Citation | 2 & 3 Will. 4. c. 78 |
- Newfoundland Act 1832
| Newfoundland Act 1842 | |
|---|---|
| Act of Parliament | |
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| Long title | An Act for amending the Constitution of the Government of Newfoundland. |
| Citation | 5 & 6 Vict. c. 120 |
| Dates | |
| Royal assent | 12 August 1842 |
| Text of statute as originally enacted | |
- Newfoundland Act 1842 – established an appointed upper Legislative Council and elected lower House of Assembly
| Newfoundland Act 1933 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An 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. |
| Citation | 24 & 25 Geo. 5. c. 2 |
| Dates | |
| Royal assent | 21 December 1933 |
| Other legislation | |
| Amends | Colonial Development Act 1929 |
| Text of statute as originally enacted | |
- Newfoundland Act 1933 – suspended responsible government with the General Assembly of Newfoundland and Labrador dissolved and established rule by Newfoundland Commission
See also
References
- Dominion Delegation, St. John's Telegram, 11 December 2005
- "Newfoundland Acts | the Canadian Encyclopedia".
External links
- Newfoundland Act text
- Text of the British North America Act 1949 (c.22) as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- British North American Act, 1949 (Newfoundland Act), audio reading of act by LibriVox (57m23s)
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