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Statutes of Newfoundland and Labrador 2007



(Assented to June 14, 2007)


        1.   S.84 Amdt.

        2.   S.118 Amdt.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1997 cS-12.2
as amended

        1. 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 terms and conditions specified in the regulations.

          (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 subsequent purchaser, shall be bound by the terms and conditions of that 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.  


        2. 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 additional terms and conditions;

           (f.2)  prescribing terms and conditions applicable to a person who purchases property from a denominational authority in the circumstances described in subsection 84(4.3);