British North America Act, 1867, S. 93
93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:—
(1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union:
(2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen’s Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen’s Protestant and Roman Catholic Subjects in Quebec:
(3) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen’s Subjects in relation to Education:
(4) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.
[Note: Altered for Manitoba by section 22 of the Manitoba Act, 1870 (No. 8 infra) confirmed by the Constitution Act, 1871 (No. 11 infra); for Alberta, by Section 17 of the Alberta Act (No. 20 infra); for Saskatchewan, by section 17 of the Saskatchewan Act (No. 21 infra); and for Newfoundland, by Term 17 of the Terms of Union of Newfoundland with Canada, confirmed by the Newfoundland Act (No. 32 infra). See also sections 23, 29 and 59 of the Constitution Act, 1982 (No. 44 infra).]