Newfoundland Act

The Newfoundland Act was an act of the Parliament of the United Kingdom that confirmed and gave effect to the Terms of Union agreed to between the then-separate Dominions of Canada and Newfoundland on 23 March 1949. It was originally titled the British North America Act 1949, but was renamed in Canada on the patriation of the Canadian Constitution from the United Kingdom in 1982.

British North America Act 1949

Act of Parliament
United Kingdom
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Text of statute as originally enacted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

In exchange for Newfoundland becoming a province, the Canadian government took over the Newfoundland 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 a royal commission would review finances.^[1]

Amendments

After patriation, the Newfoundland Act has been amended four times through the Canadian constitutional amendment formulas.

List of amendments to the Newfoundland Act

Name	Section(s) amended	Purpose and notes	Amending procedure
Constitution Amendment, 1987	s. 3 of Newfoundland Act and term 17 of schedule to that Act	Extended education rights to the Pentecostal Church in Newfoundland. Replaced by Constitution Amendment, 1998 (Newfoundland Act).	s. 43: House of Commons, Senate and Newfoundland House of Assembly
Constitution Amendment, 1997 (Newfoundland Act)	term 17 of schedule to Newfoundland 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 to Newfoundland 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 to Newfoundland 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

Previous Newfoundland Acts

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
Parliament of England
Long title	An Act to Incourage the Trade to Newfoundland.
Citation	10 Will. 3. c. 14 (Ruffhead: 10 & 11 Will. 3. c. 25)
Dates
Royal assent	4 May 1699
Repealed	15 July 1867
Other legislation
Amended by	Customs Law Repeal Act 1825
Repealed by	Statute Law Revision Act 1867
Status: Repealed

• Newfoundland Act 1698 – encourage and established trade (fisheries) links in the region; also called King William's Act

Newfoundland Act 1832
Act of Parliament
Parliament of the United Kingdom
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 1832

Newfoundland Act 1842
Act of Parliament
Parliament of the United Kingdom
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 1842 – established an appointed upper Legislative Council and elected lower House of Assembly

Newfoundland Act 1933
Act of Parliament
Parliament of the United Kingdom
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

• Newfoundland Act 1933 – suspended responsible government with the General Assembly of Newfoundland dissolved and established rule by Newfoundland Commission

See also

• Malaysia Act 1963
• Hong Kong Act 1985