Fourth

Session, 45th General Assembly

Elizabeth II, 2007

BILL 24

AN ACT TO AMEND THE

SCHOOLS ACT, 1997

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JOAN BURKE

Minister of Education

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend

section 84 of the Schools Act, 1997

to establish requirements for the conveyance of property owned by a

denominational authority. The amendment

would extend the application of an agreement under subsection 84(4) of the Act

would be established by regulation where an agreement under subsection 84(4)

has not been concluded.

Clause 2 of the Bill would amend

section 118 of the Act to permit the making of regulations respecting the

application and modification of an agreement referred to in subsection 84(4) of

the Act to a person purchasing property from a denominational authority and to

has not been concluded.

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Analysis

S.84 Amdt.

Property

S.118 Amdt.

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1997 cS-12.2

as amended

Section 84 of the Schools Act, 1997 is amended by adding immediately after subsection

(4) the following:

(4.1) A denominational authority that holds title to

property that is being used by a board for the purpose of education and intends

to convey that property to a person, other than a board or another denominational

authority, shall first

(

a) provide to the board all financial records relating

to the provision of property or funds by the denominational authority for the purchase,

construction or improvement of the property; and

(

b) enter into an agreement with the board under

subsection (4), where the denominational authority has not already done so.

(4.2) Where a denominational authority fails to

comply with the requirements of paragraph (4.1)(a), there shall be no final disposition

of the property notwithstanding that it is no longer required by the board for the

purpose of education, except where the minister has dispensed with this

requirement.

(4.3) Where a denominational authority has conveyed

property to a person, other than a board or a denominational authority without

first satisfying the requirement of paragraph (4.1 )( b),

the purchaser of the property and a subsequent purchaser shall be bound by

(4.4) Where an agreement under subsection 84(4) has

been entered into, a person who purchases property from a denominational

authority under a conveyance referred to in subsection (4.1), including a

agreement as if it were the denominational authority except as otherwise

provided in the regulations, whether or not the agreement has been assigned or

transferred by the denominational authority and notwithstanding any agreement,

declaration, waiver, representation or statement to the contrary made in

association with the conveyance.

Section 118 of the Act is amended by adding

immediately after paragraph (

f) the following:

(f.1) respecting the application and modification of

an agreement referred to in subsection 84(4) to a person who purchases property

from a denominational authority, including the prescription of new or

a person who purchases property from a denominational authority in the

circumstances described in subsection 84(4.3);

Earl G. Tucker, Queen's Printer