24

 


Fourth Session, 45th General Assembly

56 Elizabeth II, 2007

BILL 24

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE JOAN BURKE

Minister of Education

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTES

Clause 1 of the Bill would amend section 84 of the Schools Act, 1997 to establish requirements for the conveyance of property owned by a denominational authority.  The amendment would extend the application of an agreement under subsection 84(4) of the Act to a purchaser, subject to modification, and provide that terms and conditions would be established by regulation where an agreement under subsection 84(4) has not been concluded.

Clause 2 of the Bill would amend section 118 of the Act to permit the making of regulations respecting the application and modification of an agreement referred to in subsection 84(4) of the Act to a person purchasing property from a denominational authority and to permit terms and conditions to be established by regulation where an agreement has not been concluded.

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Analysis


        1.   S.84 Amdt.
Property

        2.   S.118 Amdt.
Regulations


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);