This is an official version.

Copyright © 2007: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Newfoundland and Labrador
Regulation 2007


NEWFOUNDLAND AND LABRADOR REGULATION 105/07

NEWFOUNDLAND AND LABRADOR
REGULATION 105/07

Section 84 Agreement Modification Regulations
under the
Schools Act, 1997
(OC 2007-374)

(Filed September 14, 2007)

Under the authority of section 118 of the Schools Act, 1997, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, September 13, 2007.

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application

        4.   Modification


Short title

        1. These regulations may be cited as the Section 84 Agreement Modification Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Schools Act, 1997;

             (b)  "agreement" means an agreement between a board and a denominational authority described in subsection 84(4) of the Act and includes a schedule to the agreement;

             (c)  "denominational authority" means a denominational authority described in subsection 84(8) of the Act; and

             (d)  "purchaser" means a person, other than a board or denominational authority, to which property is conveyed by a denominational authority and includes a subsequent purchaser.

Application

        3. A purchaser of property to which an agreement under subsection 84(4) applies shall be bound by the terms and conditions of that agreement as if it were a denominational authority and a reference in the agreement to the denominational authority shall be read, interpreted and construed as a reference to the purchaser, unless the context otherwise requires, except as follows:

             (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 artefacts 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 board 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 board, or

                     (ii)  requiring the board 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 board in respect of a matter referred to subparagraph (i) or (ii).

Modification

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

             (a)  the board shall have the exclusive right to manage, maintain, use, equip and improve the property while that property is required for the purpose of education and until sale or other disposition, and the purchaser may only use that property with the permission of the board and in accordance with the terms and conditions specified by the board; and

             (b)  the board 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 board shall consult the purchaser prior to undertaking such construction, improvement, repair or maintenance.

             (2)  An implied term set out in paragraph 4(1)(a) or (b) shall supersede a provision in an agreement in respect of the same matter in its entirety.