Don't Tell the Newfoundlanders
Page 26
and Canada’s Atlantic Provinces
This 1915 map shows Canadian territorial claims to Labrador, which are represented as a part of Quebec with only the narrowest strip of coastline shown as belonging to Newfoundland. In 1927 the Privy Council in London confirmed King George III’s grant of 1763 to Governor William Greaves “over the island of Newfoundland and the Coast of Labrador.”
After 1927 Canadian maps for the most part represented Labrador as part of Newfoundland, though this 1947 version still refers to it as the “Coast of Labrador.” Labrador is over twice the size of the island of Newfoundland. Together they are over three times the size of the Maritime provinces and a significant addition of territory and resources to Canada.
APPENDIX D
Results of First and Second Referenda
APPENDIX E
Terms of Union, 1949
An Act to confirm and give effect to Terms of Union agreed between Canada and Newfoundland.
23rd March, 1949
Whereas by means of a referendum the people of Newfoundland have by a majority signified their wish to enter into confederation with Canada;
And whereas the Agreement containing Terms of Union between Canada and Newfoundland set out in the Schedule to this Act has been duly approved by the Parliament of Canada and by the Government of Newfoundland;
And whereas Canada has requested, and consented to, the enactment of an Act of the Parliament of the United Kingdom to confirm and give effect to the said Agreement, and the Senate and House of Commons of Canada in Parliament assembled have submitted an address to His Majesty praying that His Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for that purpose
Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Confirmation of Terms of Union. 1. The Agreement containing Terms of Union between Canada and Newfoundland set out in the Schedule to this Act is hereby confirmed and shall have the force of law notwithstanding anything in the Constitution Acts, 1867 to 1940.
Repeal of Newfoundland Act, 1933. 2. In accordance with the preceding section the provisions of the Newfoundland Act, 1933, other than section three thereof (which relates to guarantee of certain securities of Newfoundland) shall be repealed as from the coming into force of the said Terms of Union.
Short title and citation. 3. This Act may be cited as the Newfoundland Act.[1]
Schedule: Terms of Union of Newfoundland with Canada
MEMORANDUM OF AGREEMENT ENTERED INTO ON THE ELEVENTH DAY OF DECEMBER, 1948, BETWEEN CANADA AND NEWFOUNDLAND
Whereas a delegation appointed from its members by the National Convention of Newfoundland, a body elected by the people of Newfoundland, consulted in 1947 with the Government of Canada to ascertain what fair and equitable basis might exist for the union of Newfoundland with Canada;
Whereas, following discussions with the delegation, the Government of Canada sent to His Excellency the Governor of Newfoundland for submission to the National Convention a statement of terms which the Government of Canada would be prepared to recommend to the Parliament of Canada as a fair and equitable basis for union, should the people of Newfoundland desire to enter into confederation;
Whereas the proposed terms were debated in the National Convention in Newfoundland and were before the people of Newfoundland when, by a majority at a referendum held on the twenty-second day of July, 1948, they expressed their desire to enter into confederation with Canada;
Whereas the Governments of the United Kingdom, Canada and Newfoundland agreed after the referendum that representatives of Canada and Newfoundland should meet and settle he final terms and arrangements for the union of Newfoundland with Canada;
And whereas authorized representatives of Canada and authorized representatives of Newfoundland have settled the terms hereinafter set forth as the Terms of Union of Newfoundland with Canada:
It is therefore agreed as follows
Terms of Union.
UNION
1. On, from, and after the coming into force of these Terms (hereinafter referred to as the date of Union), Newfoundland shall form part of Canada and shall be a province thereof to be called and known as the Province of Newfoundland and Labrador.
2. The Province of Newfoundland and Labrador shall comprise the same territory as at the date of Union, that is to say, the island of Newfoundland and the islands adjacent thereto, the Coast of Labrador as delimited in the report delivered by the Judicial Committee of His Majesty’s Privy Council on the first day of March, 1927, and approved by His Majesty in His Privy Council on the twenty-second day of March, 1927, and the islands adjacent to the said Coast of Labrador.
Application of the Constitution Acts.
3. The Constitution Acts, 1867 to 1940, shall apply to the Province of Newfoundland and Labrador in the same way, and to the like extent as they apply to the provinces heretofore comprised in Canada, as if the Province of Newfoundland and Labrador had been one of the provinces originally united except in so far as varied by these Terms and except such provisions as are in terms made or by reasonable intendment may be held to be specially applicable to or only to affect one or more and not all of the provinces originally united.
Representation in Parliament.
4. The Province of Newfoundland and Labrador shall be entitled to be represented in the Senate by six members, and in the House of Commons by seven members out of a total membership of two hundred and sixty-two.
5. Representation in the Senate and in the House of Commons shall from lime to time be altered or readjusted in accordance with the Constitution Acts, 1867 to 1940.
6. (1) Until the Parliament of Canada otherwise provides, the Province of Newfoundland and Labrador shall for the purposes of the election of members to serve in the House of Commons, be divided into the electoral divisions named and delimited in the Schedule to these Terms, and each such division shall be entitled to return one member.
(2) For the first election of members to serve in the House of Commons, if held otherwise than as part of a general election, the Governor General in Council may cause writs to be issued and may fix the day upon which the polls shall be held, and, subject to the foregoing, the laws of Canada relating to byelections shall apply to an election held pursuant to any writ issued under this Term.
(3) The Chief Electoral Officer shall have authority to adapt the provisions of The Dominion Elections Act, 1938, to conditions existing in the Province of Newfoundland and Labrador so as to conduct effectually the first election of members to serve in the House of Commons.
PROVINCIAL CONSTITUTION
7. The Constitution of Newfoundland as it existed immediately prior to the sixteenth day of February, 1934, is revived at the date of Union and shall, subject to these Terms and the Constitution Acts, 1867 to 1940, continue as the Constitution of the Province of Newfoundland and Labrador from and after the date of Union, until altered under the authority of the said Acts.
EXECUTIVE
8. (1) For the Province of Newfoundland and Labrador there shall be an officer styled the Lieutenant Governor, appointed by the Governor General in Council by instrument under the Great Seal of Canada.
(2) Pending the first appointment of a Lieutenant Governor for the Province of Newfoundland and Labrador and the assumption of his duties as such, the Chief Justice, or if the office of Chief Justice is vacant, the senior judge, of the Supreme Court of Newfoundland, shall execute the office and functions of Lieutenant Governor under his oath of office as such Chief Justice or senior judge.
9. The Constitution of the Executive Authority of Newfoundland as it existed immediately prior to the sixteenth day of February, 1934, shall, subject to these Terms and the Constitution Acts, 1867 to 1940, continue as the Constitution of the Executive Authority of the Province of Newfoundland and Labrador from a
nd after the date of Union, until altered under the authority of the said Acts.
10. The Lieutenant Governor in Council shall as soon as may be after the date of Union adopt and provide a Great Seal of the Province of Newfoundland and Labrador and may from time to time change such seal.
11. All powers, authorities, and functions that under any statute were at or immediately prior to the date of Union vested in or exercisable by the Governor of Newfoundland, individually, or in Council, or in Commission,
(a) as far as they are capable of being exercised after the date of Union in relation to the Government of Canada, shall be vested in and shall or may be exercised by the Governor General, with the advice, or with the advice and consent, or in conjunction with, the King’s Privy Council for Canada or any member or members thereof, or by the Governor General individually, as the case requires, subject nevertheless to be abolished or altered by the Parliament of Canada under the authority of the Constitution Acts, 1867 to 1940; and
(b) as far as they are capable of being exercised after the date of Union in relation to the Government of the Province of Newfoundland and Labrador, shall be vested in and shall or may be exercised by the Lieutenant Governor of the Province of Newfoundland and Labrador, with the advice, or with the advice and consent, or in conjunction with, the Executive Council of the Province of Newfoundland and Labrador or any member or members thereof, or by the Lieutenant Governor individually, as the case requires, subject nevertheless to be abolished or altered by the Legislature of the Province of Newfoundland and Labrador under the authority of the Constitution Acts. 1867 to 1946.
12. Until the Parliament of Canada otherwise provides, the powers, authorities, and functions vested in or imposed on any member of the Commission of Government of Newfoundland, as such member or as a Commissioner charged with the administration of a Department of the Government of Newfoundland, at or immediately prior to the date of Union in relation to matters other than those coming within the classes of subjects by the Constitution Acts, 1867 to 1940, assigned exclusively to the Legislature of a province, shall in the Province of Newfoundland and Labrador be vested in or imposed on such person or persons as the Governor General in Council may appoint or designate.
13. Until the Legislature of the Province of Newfoundland and Labrador otherwise provides, the powers, authorities, and functions vested in or imposed on any member of the Commission of Government of Newfoundland, as such member or as a Commissioner charged with the administration of a Department of the Government of Newfoundland, at or immediately prior to the date of Union in relation to matters coming within the classes of subjects by the Constitution Acts, 1867 to 1940, assigned exclusively to the Legislature of a province, shall in the Province of Newfoundland and Labrador be vested in or imposed on such person or persons as the Lieutenant Governor in Council may appoint or designate.
LEGISLATURE
14. (1) Subject to paragraph two of this Term, the Constitution of the Legislature of Newfoundland as it existed immediately prior to the sixteenth day of February, 1934, shall, subject to these Terms and the Constitution Acts, 1867 to 1940, continue as the Constitution of the Legislature of the Province of Newfoundland and Labrador from and after the date of Union, until altered under the authority of the said Acts.
(2) The Constitution of the Legislature of Newfoundland in so far as it relates to the Legislative Council shall not continue, but the Legislature of the Province of Newfoundland and Labrador may at any time reestablish the Legislative Council or establish a new Legislative Council.
15. (1) Until the Legislature of the Province of Newfoundland and Labrador otherwise provides, the powers, authorities, and functions vested in or imposed on a Minister or other public officer or functionary under any statute of Newfoundland relating to the Constitution of the Legislature of Newfoundland as it existed immediately prior to the sixteenth day of February, 1934, shall, subject to these Terms and the Constitution Acts, 1867 to 1940, be vested in or imposed on such person or persons as the Lieutenant Governor in Council may appoint or designate.
(2) Until the Legislature of the Province of Newfoundland and Labrador otherwise provides,
(a) the list of electors prepared pursuant to The List of Electors Act, 1947, shall be deemed to be the list of electors for the purposes of The Election Act, 1913, subject to the provisions of The Election Act, 1913, respecting supplementary lists of electors;
(b) the franchise shall be extended to female British subjects who have attained the full age of twentyone years and are otherwise qualified as electors;
(c) the Coast of Labrador together with the islands adjacent thereto shall constitute an additional electoral district to be known as Labrador and to be represented by one member, and residents of the said district who are otherwise qualified as electors shall be entitled to vote; and
(d) the Lieutenant Governor in Council may by proclamation defer any election in the electoral district of Labrador for such period as may be specified in the proclamation
16. The Legislature of the Province of Newfoundland and Labrador shall be called together not later than four months after the date of Union.
Education.
17. (1) In lieu of section ninety-three of the Constitution Act, 1867, this Term shall apply in respect of the Province of Newfoundland and Labrador:
(2) In and for the Province of Newfoundland and Labrador, the Legislature shall have exclusive authority to make laws in relation to education but shall provide for courses in religion that are not specific to a religious denomination.
(3) Religious observances shall be permitted in a school where requested by parents.[2]
Continuation of Laws.
GENERAL
18. (1) Subject to these Terms, all laws in force in Newfoundland at or immediately prior to the date of Union shall continue therein as if the Union had not been made, subject nevertheless to be repealed, abolished, or altered by the Parliament of Canada or by the Legislature of the Province of Newfoundland and Labrador according to the authority of the Parliament or of the Legislature under the Constitution Acts, 1867 to 1940, and all orders, rules, and regulations made under any such laws shall likewise continue, subject to be revoked or amended by the body or person that made such orders, rules, or regulations or the body or person that has power to make such orders, rules, or regulations alter the date of Union, according to their respective authority under the Constitution Acts, 1867 to 1940.
(2) Statutes of the Parliament of Canada in force at the date of Union, or any part thereof, shall come into force in the Province of Newfoundland and Labrador on a day or days to be fixed by Act of the Parliament of Canada or by proclamation of the Governor General in Council issued from time to time, and any such proclamation may provide for the repeal of any of the laws of Newfoundland that
(a) are of general application;
(b) relate to the same subjectmatter as the statute or pan thereof so proclaimed; and
(c) could be repealed by the Parliament of Canada under paragraph one of this Term
(3) Notwithstanding anything in these Terms, the Parliament of Canada may with the consent of the Legislature of the Province of Newfoundland and Labrador repeal any law in force in Newfoundland at the date of Union.
(4) Except as otherwise provided by these Terms, all courts of civil and criminal jurisdiction and all legal commissions, powers, authorities, and functions, and all officers and functionaries, judicial, administrative, and ministerial, existing in Newfoundland at or immediately prior to the date of Union, shall continue in the Province of Newfoundland and Labrador as if the Union had not been made, until altered, abolished, revoked, terminated, or dismissed by the appropriate authority under the Constitution Acts, 1867 to 1940.
SUPPLY
19. Any statute of Newfoundland enacted prior to the date of Union for granting to His Majesty sums of money for defraying expenses of, and for other purposes relating to, the public service of Newfoundland, for the financial year ending
the thirty-first day of March, one thousand nine hundred and fifty, shall have effect after the date of Union according to its terms, until otherwise provided by the Legislature of the Province of Newfoundland and Labrador
PATENTS
20. (1) Subject to this Term, Canada will provide that letters patent for inventions issued under the laws of Newfoundland prior to the date of Union shall be deemed to have been issued under the laws of Canada, as of the date and for the term thereof.
(2) Canada will provide further that in the event of conflict between letters patent for an invention issued under the laws of Newfoundland prior to the date of Union and letters patent for an invention issued under the laws of Canada prior to the date of Union.
(a) the letters patent issued under the laws of Newfoundland shall have the same force and effect in the Province of Newfoundland and Labrador as if the Union had not been made, and all rights and privileges acquired under or by virtue thereof may continue to be exercised or enjoyed in the Province of Newfoundland and Labrador as if the Union had not been made; and
(b) the letters patent issued under the laws of Canada shall have the same force and effect in any part of Canada other than the Province of Newfoundland and Labrador as if the Union had not been made, and all rights and privileges acquired under or by virtue thereof may continue to be exercised or enjoyed in any part of Canada other than the Province of Newfoundland and Labrador as if the Union had not been made.