Constitution Amendment Proclamation, 1997 (Newfoundland Act)

[21st April 1997]

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 may be 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 that 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

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 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 publicly 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 that 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."

2. This Amendment may be cited as the Constitution Amendment, 1997 (Newfoundland Act).