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NEWFOUNDLAND AND LABRADOR

REGULATION 108/23

Section 51.11 Agreement Modification Regulations

under the

Schools Act, 1997

(O.C. 2023-299)

(Filed December 21, 2023)

Under the authority of

section 118 of the Schools Act, 1997

, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johns, December 21, 2023.

Krista Quinlan

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Interpretation

Application

Modification

Repeal

Commencement

Short title

These regulations may be cited as the

Section 51.11 Agreement Modification Regulations

108/23 s1

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Interpretation

(1) In these regulations,

(a)

"Act" means the Schools Act, 1997

(b)

"agreement" means an agreement described in subsection 51.11(4) of the Act between the Crown and a denominational authority and includes a

schedule to the agreement;

(c)

"denominational authority" means a denominational authority defined in subsection 51.11(12) of the Act; and

(d)

"purchaser" means a person, other than the Crown or denominational authority, to which property is conveyed by a denominational authority and includes a subsequent purchaser.

(2) In these regulations, a reference to

(

a) the Crown shall be considered to include a reference to the the conseil scolaire; and

(

b) a school shall be considered to include a reference to a French first language school.

108/23 s2

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Application

(

a) a reference in, or a provision of, the agreement respecting the rights and obligations of a denominational authority in relation to

(

i) a use of property by a denominational authority, including a traditional or new use, relating to a denominational or religious purpose,

(ii)

the removal of religious artifacts and articles from the property, or

(iii)

the discontinuation and removal of the name of a school

shall not apply to the purchaser and shall not be considered to vest a right in the purchaser or obligation upon the Crown in respect of a matter referred to subparagraph (i), (ii) or (iii); and

(

b) a reference in, or a provision of, an agreement

(

i) vesting or purporting to vest the denominational authority with the right to provide or withhold consent to a use of property by the Crown, or

(ii)

requiring the Crown to consult with the denominational authority to avoid interference with the use and enjoyment of the property by the denominational authority

shall not apply to the purchaser and shall not vest a right in the purchaser or obligation upon the Crown in respect of a matter referred to subparagraph (

i) or (ii).

108/23 s3

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Modification

(1) An agreement shall be modified by the addition of the following implied terms:

(a)

(

b) the Crown shall have the right to undertake capital construction and major improvement, repair and maintenance to the exterior or interior of property, including construction of new buildings and extensions to buildings without the consent of the purchaser but the Crown shall consult the purchaser before undertaking such construction, improvement, repair or maintenance.

(2) An implied term set out in paragraph (1)(

a) or (

b) shall supersede a provision in an agreement in respect of the same matter in its entirety.

108/23 s4

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Repeal

The

Section 84 Agreement Modification Regulations

Newfoundland and Labrador Regulation 105/07, are repealed.

108/23 s5

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Commencement

These regulations come into force on January 1, 2024.

108/23 s6

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