NLR 108/23 - Section 51.11 Agreement Modification Regulations under the Schools Act, 1997

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. John’s, December 21, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Interpretation 3. Application 4. Modification 5. Repeal 6. Commencement Short title 1. These regulations may be cited as the Section 51.11 Agreement Modification Regulations . 108/23 s1 Back to Top Interpretation 2. (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 Back to Top Application 3. A purchaser of property to which an agreement under subsection 51.11(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 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 Back to Top Modification 4. (1) An agreement shall be modified by the addition of the following implied terms: (a) the Crown 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 Crown and in accordance with the terms and conditions specified by the Crown; and (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 Back to Top Repeal 5. The Section 84 Agreement Modification Regulations , Newfoundland and Labrador Regulation 105/07, are repealed. 108/23 s5 Back to Top Commencement 6. These regulations come into force on January 1, 2024. 108/23 s6