| Act of Parliament | |
| Long title | An Act to confirm and give effect to Terms of Union agreed between Canada and Newfoundland |
|---|---|
| Citation | 12, 13 & 14 Geo. 6. c. 22 |
| Territorial extent | Dominion of Newfoundland, Dominion of Canada |
| Dates | |
| Royal assent | 23 March 1949 |
| Commencement | 31 March 1949 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
TheNewfoundland Act was anact of theParliament of the United Kingdom that confirmed and gave effect to the Terms of Union agreed to between the then-separateDominions ofCanada andNewfoundland on 23 March 1949. It was originally titled theBritish North America Act 1949, but was renamed in Canada on thepatriation of theCanadian Constitution from theUnited Kingdom in 1982.
In exchange for Newfoundland becoming a province, the Canadian government took over theNewfoundland Railway,Newfoundland Airport (now Gander International Airport),public broadcasting, telegraph services and other services that fell under federal control. The federal government assumed responsibility for Newfoundland's debt.[1]
Newfoundland was also given statutory subsidies, a special subsidy of $1.1 million, the right to enter into tax rental agreements with the federal government and an additional transitional grant of $3.5 million, diminishing by 10 per cent per year for a total of 12 years. Also, as a safety net, it was agreed aroyal commission would review finances.[1]
After patriation, the Newfoundland Act has been amended four times through the Canadian constitutional amendment formulas.
| Name | Section(s) amended | Purpose and notes | Amending procedure |
|---|---|---|---|
| Constitution Amendment, 1987 | s. 3 ofNewfoundland Act and term 17 of schedule to thatAct | Extended education rights to thePentecostal Church inNewfoundland. Replaced byConstitution Amendment, 1998 (Newfoundland Act). | s. 43: House of Commons, Senate and Newfoundland House of Assembly |
| Constitution Amendment, 1997 (Newfoundland Act) | term 17 of schedule toNewfoundland Act | Allowed the Province of Newfoundland to create a secular school system to replace the church-based education system. | s. 43: House of Commons and Newfoundland House of Assembly; Senate approval was bypassed with s. 47 |
| Constitution Amendment, 1998 (Newfoundland Act) | term 17 of schedule toNewfoundland Act | Ended denominational quotas for Newfoundland religion classes. | s. 43: House of Commons, Senate and Newfoundland House of Assembly |
| Constitution Amendment, 2001 (Newfoundland and Labrador) | every instance of the word "Newfoundland" in the schedule toNewfoundland Act | Changed the name of the "Province of Newfoundland" to the "Province of Newfoundland and Labrador". | s. 43: House of Commons, Senate and Newfoundland House of Assembly |
Prior to the 1949 act there were a handful of acts with revisions to the Newfoundland's Constitution:[2]
| Trade to Newfoundland Act 1698 | |
|---|---|
| Act of Parliament | |
| Long title | An Act to Incourage the Trade to Newfoundland. |
| Citation |
|
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 4 May 1699 |
| Commencement | 6 December 1698[c] |
| Repealed | 15 July 1867 |
| Other legislation | |
| Amended by | Customs Law Repeal Act 1825 |
| Repealed by | Statute Law Revision Act 1867 |
Status: Repealed | |
| Text of statute as originally enacted | |
| Newfoundland Act 1832 | |
|---|---|
| Act of Parliament | |
| Long title | An Act to continue certain Acts relating to the Island of Newfoundland, and to provide for the Appropriation of all Duties which may hereafter be raised within the said Island. |
| Citation | 2 & 3 Will. 4. c. 78 |
| Dates | |
| Royal assent | 1 August 1832 |
| Commencement | 1 August 1832 |
| Other legislation | |
| Amended by | Statute Law Revision Act 1874 |
| Newfoundland Act 1842 | |
|---|---|
| Act of Parliament | |
| Long title | An Act for amending the Constitution of the Government of Newfoundland. |
| Citation | 5 & 6 Vict. c. 120 |
| Dates | |
| Royal assent | 12 August 1842 |
| Other legislation | |
| Amended by | Statute Law Revision Act 1874 (No. 2) |
| Text of statute as originally enacted | |
| Newfoundland Act 1933 | |
|---|---|
| Act of Parliament | |
| Long title | An Act to empower His Majesty to issue Letters Patent making provision with respect to the administration of Newfoundland, to authorise the making out of public moneys of advances to the Government of Newfoundland and the guaranteeing by the Treasury of stock to be issued by that Government, and to amend the Colonial Development Act, 1929, in its application to Newfoundland. |
| Citation | 24 & 25 Geo. 5. c. 2 |
| Dates | |
| Royal assent | 21 December 1933 |
| Other legislation | |
| Amends | Colonial Development Act 1929 |
| Repealed by | Statute Law (Repeals) Act 1969 |
Status: Repealed | |
| Text of statute as originally enacted | |