Newfoundland and Labrador Gazette, Part I — 9 March 2007, Vol. 82, No. 10 — Mineral Act Notice; Urban and Rural Planning Act Notice of Registration

NLG 2007-03-09

Newfoundland and Labrador — Gazette

87 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 82 ST. JOHN’S, FRIDAY, MARCH 9, 2007 No. 10 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, M-12, RSNL 1990 as amended.

Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 009187M Held by Rubicon Minerals Corporation Situate near Birchy Bay,Central NL On map sheet 02E/07 Mineral License 012326M Held by Rubicon Minerals Corporation Situate near Exploits River,Central NL On map sheet 12A/09 12A/10 Mineral License 012322M Held by Rubicon Minerals Corporation Situate near Exploits River,Central NL On map sheet 12A/09 12A/16 Mineral License 012324M Held by Rubicon Minerals Corporation Situate near Exploits River,Central NL On map sheet 12A/16 12A/15 Mineral License 010413M Held by Connors, Pat Situate near Ossokmanuan Lake On map sheet 23H/07 Mineral License 010414M Held by Krats, Karl E.

Situate near Ossokmanuan Lake On map sheet 23H/07 Mineral License 011400M Held by Castmor Resources Ltd. Situate near White Bear Arm On map sheet 03D/13 13A/16 Mineral License 011401M Held by Pickford Minerals Inc. Situate near Eagle River On map sheet 13H/05 Mineral License 011402M Held by Pickford Minerals Inc. Situate near Egle River On map sheet 13H/05 Mineral License 011429M Held by Monster Copper Corporation Situate near Tukialik Bay On map sheet 13J/16

THE NEWFOUNDLAND AND LABRADOR March 9, 2007 88 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/2000, 36/2001, 31/2004 and 78/2006 and outlined on 1:50 000 scale maps maintained by the Department of Natural Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

JIM HINCHEY P.Geo Manager - Mineral Rights File # 774: 4506, 5018, 5784, 5792, 5793, 6465, 6466, 6467,6492 Mar 9 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF PARADISE DEVELOPMENT REGULATIONS AMENDMENT #24-2007 Take notice that the Town of Paradise Municipal Development Regulations Amendment No. 24 – 2007, adopted on the 6th day of February 2007 has been registered by the Minister of Municipal Affairs. In general terms, this Muni cipal Development Regulations Amendment adds “Place of Wo rship” as a Discretionary Use within the Commercial Local (CL) land use zone.

This addition allows churches and other places of worship to be considered as discretionary land uses in the CL zone. The amendment comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone wishing to inspect a copy of Development Regulations Amendment No. 24 – 2007, may do so at the Paradise Town Hall, 1655 Topsail Road, during normal hours of operation.

TOWN OF PARADISE, Joyce Moss, Town Clerk Mar 9 NOTICE OF REGISTRATION TOWN OF PASADENA MUNICIPAL PLAN AMENDMENT NO. 12, 2006 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 15, 2006 Take notice that the Town of Pasadena Municipal Plan Amendment No. 12, 2006 and Development Regulations Amendment No. 15, 2006, adopted on the 18 th day of December, 2006, (as amended) and approved on the 5 th day of February, 2007, has been registered by the Minister of Municipal Affairs.

In general terms, the pu rpose of Municipal Plan Amendment No. 12, 2006 is to allow vehicle access from Third Avenue to the property known as 59 Main Street (Good Buddy Sports – Philly’s Café). In general terms, the purpose of Development Regulations Amendment No. 15, 2006 is to allow vehicle access from Third Avenue to the property known as 59 Main Street (Good Buddy Sports- Philly’s Café). The Pasadena Municipal Pl an Amendment No. 12, 2006 and Development Regulations Amendment No. 15, 2006 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wishes to inspect a copy of the Pasadena Municipal Plan Amendment No. 12, 2006 and Development Regulations Amendment No. 15, 2006 may do so at the Town Office, Pasadena during normal working hours. TOWN OF PASADENA Town Clerk Mar 9 NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 44, 2007 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NO. 400, 2007 Take notice that the St. John’ s Municipal Plan Amendment Number 44, 2007 and the St.

John’s Development Regulations Amendment Nu mber 400, 2007, adopted on the 22nd day of January, 2007, have been registered by the Minister of Municipal Affairs. In general terms, the pu rpose of Municipal Plan Amendment No. 44, 2007 is to redesignate property situated at Ricketts Road from the Residential High Density District to the Commercial Ge neral District. In general terms, the purpose of Development Regulations Amendment Number 400, 2007 is to rezone property situated at Rickett’s Road from the Apartment Medium Density (A2) Zone to the Commerical Neighbourhood (CN) Zone.

These amendments are proposed in order to accommodate development of a two-storey office building. The amendments are prompted by an application from LeMarchant Road 1995 Limited. The amendments come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendments may do so at th e Department of Planning, 3 rd Floor, St. John’s City Hall during regular business hours. CITY OF ST. JOHN’S Cliff Johnston, Dept of Planning Mar 9

THE NEWFOUNDLAND AND LABRADOR March 9, 2007 89 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late Helen Osborne of the Town of Traytown, Bonavista Bay, in the Province of Newfoundland and Labrador, Retired Person, Deceased. All persons claiming to be creditors of or who have any claims or demands upon or aff ecting the Estate of Helen Osborne, the aforesaid deceased, who died at the Town of St.

John’s, in the Province of Newfoundland and Labrador, on or about the 9 th day of November, 2006, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executors of the Estate on or before the 12 th day of March, 2007, after which date the Executors will proceed to distribute the said Estate having regard only to the claims of which they shall have had notice. Dated at the Town of Gander, Newfoundland and Labrador, this 21st day of February, 2007. BONNELL LAW Solicitors for the Executors PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P. O.

Box 563 218 Airport Boulevard Gander,. NL A1V 2E1 Tel # 709-651-4949 Fax # 709-651-4951 Mar 2 & 9 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late George Melvin Parsons of th e Town of Noggin Cove, in the Province of Newfoundland and Labrador, Retired Carpenter, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affe cting the Estate of George Melvin Parsons, the aforesaid deceased, who died at the Town of Carbonear, in the Province of Newfoundland and Labrador on or about the 24 th day of June, 2004, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 19th day of March, 2007, after which date the Administrator w ill proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

Dated at the Town of Gander, Newfoundland and Labrador, this 27th day of February, 2007. BONNELL LAW Solicitor for the Administrators PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P. O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel # 709-651-4949 Fax # 709-651-4951 Mar 9 & 16 ESTATE NOTICE IN THE MATTER OF the Estate Francis Dyke, Sr., late of St. John’s, in the Province of Newfoundland and Labrador, Retired, Deceased. All persons claiming to be cr editors of or who have any claims or demands upon or affecting the Estate of Francis Dyke, Sr., late of St.

J ohn’s, in the Province of Newfoundland and Labrador, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Executrix of the Estate of Francis Dyke, Sr., on or before April 9 th , 2007, after which date the Executrix will proceed to distribute the Estate having regard only to the claims of which she shall then have notice. Dated at St. John’s in the Province of Newfoundland and Labrador, this 2nd day of March, 2007. CURTIS, DAWE Solicitors for the Executrix PER: Aubrey L. Bonnell, Q.C. ADDRESS FOR SERVICE: P. O.

Box 337 11th Floor, Fortis Building 139 Water Street St. John’s, NL A1C 5J9 Tel # 709-722--5181 Fax # 709-722-7521 Mar 9 QUIETING OF TITLES ACT 2007 01T 0738 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER of an Application by Wallace MacDonald of Conception Bay South, in the Province of Newfoundland and Labrador, Adeline Rita MacDonald, of St. John’s, in the Province of Newfoundland and Labrador, and Royal Trust Corporation of Canada, a body corporate, as Executors of the Estate and Effects of the late Heath

THE NEWFOUNDLAND AND LABRADOR March 9, 2007 90 MacDonald, pursuant to the Quieting of Titles Act , RSNL 1990, cQ-3, as amended. NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, RSNL 1990 cQ-3, AS AMENDED Notice is hereby given to all parties that Wallace MacDonald, Adeline Rita MacDonald and the Royal Trust Corporation of Canada, as Executors of the Estate of the late Heath MacDonald, have applied to the Supreme Court of Newfoundland and Labrador, Trial Division, to have their title to all that piece or parcel of land situate on the Salmonier Line, in the Community of St.

Catherines, in the Province of Newfoundland and Labrador, and more particularly described in Sche dule “A” as attached hereto and more particularly outlined on diagram annexed hereto as

Schedule “B” as filed with this Application in the Registry of the Supreme court of Newfoundland and Labrador, Trial Division, at St . John’s, investigated and for a declaration that the said Applicants, Wallace MacDonald, Adeline Rita MacDonald and the Royal Trust Corporation of Canada, as Executors of the Estate of the late Heath MacDonald, are the absolute owners thereof.

All persons having title adverse to the said title claimed by the Applicants shall file in the Registry of the Supreme Court of Newfoundland and La brador, Trial Division, particulars of such adverse claim and shall serve same together with an Affidavit verifying the same on the undersigned solicitors for the Applicants on or before the 10th day April, 2007, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All adverse claims shall be investigated in such manner as the Supreme Court may direct. DATED AT St. John’s, in the Province of Newfoundland and Labrador, this 27 th day of February, 2007. WHITE, OTTENHEIMER & BAKER Solicitors for the Applicants PER: Robert J. Hickey ADDRESS FOR SERVICE: 6th Floor, Baine Johnston Centre 10 Fort William Place P. O. Box 5457 St. John’s, NL A1C 5W4 Mar 9

SCHEDULE “A” Estate of the late Heath MacDonald Salmonier Line, St. Catherines, NL ALL THAT piece or parcel of land situate and being Southeast of Salmonier Line, in the Town of St. Catherines, in the Province of Newfoundland and Labrador, Canada, bounded and abutted as follows: that is to say beginning at a point, said point having M.T. M.

Grid Co-ordinates (C.M. 53º) [NAD 83] of N 5 227 751.385 and E 275 361.080; THENCE RUNNING North thirty six degrees forty two minutes forty five seconds Ea st (N36º42’45”E), a distance of 44.166 meters by the Sout heastern limit of Salmonier Line to a point; THENCE turning and running North thirty three degrees fifty one minutes forty five seconds east (N33º51’45”E), a distance of 55.016 meters by the Southeastern limit of Salmonier Line to a point; THENCE turning and running North thirty nine degrees fifty three minutes forty-five seconds East (N39º 53’45”E), a distance of 71.476 meters by the Southeastern limit of Salmonier Line to a point; THENCE turning and running conterminous with a 10m reservation of the waters of Salmonier River having a bearing of South ten degrees thirty nine minutes twenty five seconds west (S10º 39’25 ”W), a chord distance of 177.999 meters to a point; THENCE turning and running North sixty degrees three minutes thirty seven sec onds West (N60º03’37”W), a distance of 33.186 meters by land of Richard Didham [R212 F1500] to a point; THENCE turning and running North sixty one degrees eight minutes fifteen sec onds West (N61º08’15”W), a distance of 22.433 meters by land of Richard Didham [R212 F1500] to a point; THENCE turning and running North sixty one degrees forty one minutes fifty one seconds West (N61º41’51”W), a distance of 14.236 meters by land of Richard Didham [R212 F1500] to a point; THENCE turning and running North sixty one degrees forty four minutes fifty se conds West (N61º44’50”W), a distance of 10.270 meters by land of Richard Didham [R212 F1500] to the Place of Beginning and containing in all an area of 0.6975 hectares as more particularly described and delineated on plan N5073, April 21, 2005 hereto annexed.

Portion of described parcel of land occupied by Richard Didham. ALL bearings are referred to Grid North.

THE NEWFOUNDLAND AND LABRADOR March 9, 2007 91

THE NEWFOUNDLAND AND LABRADOR March 9, 2007 92 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- BERNARD JAMES ABBOTT of Apt 5, 22 Killick Place, Corner Brook, A2H 7E8, in the Province of Newfoundland and Labrador, as follows: To change my name from BERNARD JAMES ABBOTT to JAMES BERNARD CAREW DATED this 21th day of February, 2007.

BERNARD JAMES ABBOTT (Signature of Applicant) Mar 9 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JAMES ROBERT BENNETT of 33 Middle Road, Deer Lake A8A 1T3, in the Province of Newfoundland and Labrador, as follows: To change my name from JAMES ROBERT BENNETT to JAMES ROBERT BENNETT-GLODE DATED this 26th day of February, 2007.

JAMES BENNETT (Signature of Applicant) Mar 9 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- KIMBERLY ANN HANLON DAWE of 12 Pine Marsh Road, Conception Bay South A1W 5A5, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from KELSEY NICOLE HANLON to KELSEY NICOLE DAWE DATED this 26th day of February, 2007.

KIMBERLY DAWE (Signature of Applicant) Mar 9 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- BERNADETTE TELLAC of 638 Oceanview Drive, Red Brook, A0N 1T1, in the Province of Newfoundland and Labrador, as follows: To change my name from BERNADETTE TELLAC to BERNICE BENOIT DATED this 9th day of February, 2007.

BERNADETTE TELLAC (Signature of Applicant) Mar 9 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ASHLEY ELAINE CHERYL VATERS of Box 415, Whitbourne, in the Province of Newfoundland and Labrador, as follows: To change my name from ASHLEY ELAINE CHERYL VATERS to ASHLEY ELAINE CHERYL LUNDRIGAN DATED this 31st day of December, 2006. ASHLEY ELAINE CHERYL VATERS (Signature of Applicant) Mar 9 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR March 9, 2007 93 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- MAUD KERRIVAN of 69 Chalker Place, St. John’s, A1A 1T6, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from CATHERINE LISA-MARIE KERRIVAN-WALSH to CATHERINE LISA-MARIE KERRIVAN STEPHANIE ANN KERRIVAN-WALSH to STEPHANIE ANN KERRIVAN DATED this 23rd day of February, 2007. MAUD KERRIVAN (Signature of Applicant) Mar 9

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 82 ST. JOHN’S, FRIDAY, MARCH 9, 2007 No. 10 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 29/07 NLR 30/07 NLR 31/07

The Newfoundland and Labrador Gazette March 9, 2007 157 NEWFOUNDLAND AND LABRADOR REGULATION 29/07 Income and Employment Support Regulations (Amendment) under the Income and Employment Support Act (O.C. 2007-069) (Filed March 6, 2007) Under the authority of

section 52 of the Income and Employment Support Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, March 2, 2007. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.8 Amdt.

Definitions 1. Paragraph 8(

a) of the Income and Employment Support Regulations is amended by deleting the word "or" at the end of subparagraph (viii), by deleting the semi-colon at the end of sub- paragraph (ix) and substituting a comma and the word "or" and by adding immediately after that subparagraph the following: NLR 144/04 as amended

Income and Employment Support Regulations (Amendment) 29/07 The Newfoundland and Labrador Gazette March 9, 2007 158 (

x) a "Common Experience Payment" and an "Additional Compensation Payment" made by the Government of Canada to former students of Indian Residential Schools; ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette March 9, 2007 159 NEWFOUNDLAND AND LABRADOR REGULATION 30/07 City of Mount Pearl Coat of Arms and Flag Order under the City of Mount Pearl Act (O.C. 2007-072) (Filed March 6, 2007) Under the authority of sections 7 and 11 of the City of Mount Pearl Act , the Lieutenant-Governor in Council makes the following Order. Dated at St. John’s, March 2, 2007. Robert C. Thompson Clerk of the Executive Council ORDER Analysis 1.

Short title 2. Coat of Arms 3. Flag

Schedule A

Schedule B 1. This Order may be cited as the City of Mount Pearl Coat of Arms and Flag Order. 2. The Coat of Arms of the City of Mount Pearl is proclaimed as set out in

Schedule A..

Short title Coat of Arms

City of Mount Pearl Coat of Arms and Flag Order 30/0 7 The Newfoundland and Labrador Gazette March 9, 2007 160 3. The flag of the City of Mount Pearl is proclaimed as set out in

Schedule B. Flag

City of Mount Pearl Coat of Arms and Flag Order 30/0 7 The Newfoundland and Labrador Gazette March 9, 2007 161

Schedule A City of Mount Pearl COAT OF ARMS DESCRIPTION The coat of arms is comprised of a red shield bearing a white bend symbolic of Sir James Pearl’s military honour. The bend is charged with three groups of three progressional roundels, representing contin- ual growth. The crest, an encircled yellow cross, gives visual form to the motto "OMNIA AD DEI GLORIAM" (all to the glory of God). The black supporters are Newfoundla nd dogs. The one on the dexter faces the one on the sinister and vice versa. Together they stand strong and proud, radiating friendship and co-operation.

Two light blue rib- bons contain the coat of arms insc riptions. Flying above the crest in reverse type is the motto OMNIA AD DEI GLORIAM and standing below the base, also in reverse type, the inscription reads JAN 11 MOUNT PEARL 1955.

City of Mount Pearl Coat of Arms and Flag Order 30/0 7 The Newfoundland and Labrador Gazette March 9, 2007 162

Schedule B City of Mount Pearl FLAG DESCRIPTION The flag is composed of a three sectioned shield against a blue diagonal cross on a white backgrou nd. The top left

section of the shield is pat- terned after part of the British Union Jack while the top right

section resembles a portion of the flag of Newfoundland and Labrador. The combination of the two represents the history of Mount Pearl as land granted by England to Commander Pearl. The centre

section of the shield displays the Mount Pearl Coat of Arms. The lower portion of the shield is de signed to express a visual concept of growth, signifying our association with industrial expansion and our dedication to the preservation of the environment and green spaces. The blue cross against which the shield is laid reminds us of the flag of Nova Scotia, the birthplace of our founding father, Sir James Pearl. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette March 9, 2007 163 `NEWFOUNDLAND AND LABRADOR REGULATION 31/07 Child Support Service Regulations under the Family Law Act (O.C. 2007-081) (Filed March 6, 2007) Under the authority of

section 85 of the Family Law Act, the Lieu- tenant-Governor in Council makes the following regulations. Dated at St. John’s, March 5, 2007. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Child support service 4. Recalculation 5. Application in respect of defective service 6. Rounding to nearest dollar 7. Foreign currency conversion 8. No recalculation of special expenses 9. No recalculation where certain circumstances exist 10. Application for retroactive child support 11. Request by department 12. Where recalculation office unable to recalculate 13. NLR 9/02 Rep. 14. Commencement 1. These regulations may be cited as the Child Support Service Regulations.

Short title

Child Support Service Regulations 31/0 7 The Newfoundland and Labrador Gazette March 9, 2007 164 2. In these regulations (a) "Act" means the Divorce Act (Canada) or the Family Law Act; (b) "agreement" means an agreement as defined in

section 61 of the Family Law Act, that has been filed with the Trial Divi- sion of the Supreme Court or the Unified Family Court in accordance with subsection 65(5) of the Act and that re- quires (

i) the payment of child support, and (ii) the annual recalculation of the child support payable under the agreement in acco rdance with these regula- tions; (c) "child support order" means an order for the support of a child made by a court; (d) "child support service" means the child support service de- scribed in

section 3; (e) "court" means the Trial Divi sion of the Supreme Court, the Unified Family Court, and the Provincial Court; (f) "family justice services di vision" means the family justice services division of the Supr eme Court and the Provincial Court; (g) "income information" means (

i) a copy of the personal income tax return filed by a party for the most recent taxation year, and (ii) a copy of every notice of assessment and reassessment issued to the party for the most recent taxation year, or (iii) where the annual recalculation takes place before a party filing his or her income tax return for the most re- cent taxation year, another document acceptable to the recalculation office setting out the party’s total income from all sources for that year;

Definitions

Child Support Service Regulations 31/0 7 The Newfoundland and Labrador Gazette March 9, 2007 165 (h) "party" means (

i) a person who is obligated to pay child support under a child support order or an agreement, (ii) a person who is entitled to receive child support under a child support order or an agreement, and (iii) the Department of Human Resources, Labour and Em- ployment, in the case of an assignment of a child sup- port order under

section 20.1 of the Divorce Act (Can- ada) or subsection 40(7) of the Family Law Act; (i) "recalculation office" means th e office referred to in

section 3; (j) "registered mail" includes another form of mail delivery that provides proof of delivery with a signature; and (k) "table" means (

i) the child support table set out in

Schedule I of the Fed- eral Child Support Guidelines for the province or terri- tory in which the person who is required to pay child support resides, or (ii) where the residence of a person who is required to pay child support is not known at the time of recalculation, the table referred to in the most recent child support or- der or agreement. 3.

(1) The recalculation office, a serv ice of family justice services division, is designated as a child support service for the purpose of

section 25.1 of the Divorce Act (Canada) and subparagraph 85(a)(iii) of the Family Law Act.

(2) The duties of the recalculation office include (

a) assisting the court in the determination and administration of child support orders; (

b) monitoring compliance with child support orders requiring the periodic filing of income information; Child support service

Child Support Service Regulations 31/0 7 The Newfoundland and Labrador Gazette March 9, 2007 166 (

c) reviewing and recalculati ng the amount of a child support order as set out in the appli cable table in accordance with sections 4 and 5; and (

d) acting on behalf of a party for the purpose set out in

section 26 of the Federal Child Support Guidelines and

section 24 of the Child Support Guidelines Regulations. 4.

(1) Where a person who is required to pay child support under a child support order or an agreem ent provides the recalculation office with income information in compliance with a child support order or an agreement, the recalculation office shall review and recalculate the amount of child support as set out in the applicable table using the in- come information provided.

(2) Where a person who is required to pay child support under a child support order or an agreemen t does not provide the recalculation office with income information in compliance with a child support order or an agreement, or where income information is not available and the order or agreement being r ecalculated so indicates, the income of the person required to pay child support shall be considered to be the sum of (

a) the person’s income for th e most recent preceding year in which (

i) the person’s income information was provided to the recalculation office under th e child support order or agreement, or (ii) a recalculation order was is sued in respect of the child support order or agreement, as determined using the person’s income information or the amount of the in- come set out in that recalculation order; and (b) 10 percent of the person’s income as determined under para- graph (a).

(3) Where, as a result of the recalculation, the amount of child support would increase or decrease by $5 or more a month, the recalcu- lation office shall provide the parties to the child support order with a notice of recalculation, stating that Recalculation

Child Support Service Regulations 31/0 7 The Newfoundland and Labrador Gazette March 9, 2007 167 (

a) the amount of the child support order will be changed to the recalculated amount; and (

b) the obligation to pay the recalculated amount shall come into effect 31 days after the recalculation office receives confirmation that the noti ce of recalculation was pro- vided to all parties, unless, within 30 days after receipt of the notice of recalculation, a party objects to the re- calculation by filing a notice of objection with the court that made the child support order.

(4) Where, as a result of the recalculation, the amount of child support would increase or decrease by less than $5 a month, the recal- culation office shall not recalculate the order for that year, and shall notify the parties by regular mail that there will be no change in the child support amount for that year.

(5) The recalculation office sha ll send a notice of recalculation under this

section to each of the par ties by registered mail at the last known address of each of the

partie s as shown in the records of the recalculation office.

(6) Service of a notice of recalculation under this

section is ef- fective on the date the receipt card for registered mail is signed by the party or by another person on his or her behalf.

(7) Where after 30 days from the date the notice of recalculation was sent to a party by registered mail it is unclaimed or where it was returned because the party has relo cated and has not notified the recal- culation office of a change of addr ess as required by the child support order or agreement, the party shall be considered to have been served on the thirtieth day after the notice of recalculation was sent to the party by registered mail, and the obliga tion to pay the recalculated amount shall come into effect on the thirty first day af ter the notice of recalcu- lation was considered to have been served.

(8) Where a notice of objection under paragraph (3)(

b) is filed objecting to the recalcu lation, the amount of th e child support order shall not change as a result of the recalculation, but the court may, upon hearing the parties, issue an order for the recalculated amount or an- other amount.

Child Support Service Regulations 31/0 7 The Newfoundland and Labrador Gazette March 9, 2007 168

(9) Where a notice of objection under paragraph (3)(

b) is not filed, the recalculation office shall file a notice of the recalculation with the registrar or clerk of the court and the court shall issue a child sup- port order for the recalculated amount.

(10) Where a notice of objection under paragraph (3)(

b) is filed, (

a) the party filing the notice of objection shall serve the notice of objection on the other party by registered mail or by per- sonal service; (

b) the court shall notify the parties to the child support order by registered mail of the date set for the hearing of the objec- tion; and (

c) on the date set by the court for the hearing of the objection the court shall, where the applicant has not served the other party and does not provide a reasonable excuse for failing to do so, issue a child support order for the recalculated amount. 5. Where a party has been served with a document by mail in ac- cordance with these regulations and the party satisfies the court that he or she was not aware of the document or that it came to his or her atten- tion only at some time later than when it was served or considered to have been served, the court may make the order that it considers appro- priate and fair in the circumstances. 6. When recalculating child support under

section 4, the recalcula- tion office shall round the amount payable to the nearest dollar. 7. Where a person who is required to pay child support under a child support order or an agreem ent provides the recalculation office with income information that is reported in a currency other than Cana- dian dollars, the recalculation office shall convert the income informa- tion to Canadian dollars, applying the foreign currency exchange rate as set by the Bank of Canada on the r ecalculation date set out in the order or agreement. 8. Where a child support order or an agreement provides for an amount to cover special or extraordinary expenses within the meaning of

section 7 of the Federal Child Support Guidelines or

section 7 of the Application in respect of defective service Rounding to nearest dollar Foreign currency conversion No recalculation of special expenses

Child Support Service Regulations 31/0 7 The Newfoundland and Labrador Gazette March 9, 2007 169 Child Support Guidelines Regulations, the recalculation office shall not recalculate that amount. 9. The recalculation office shall not recalculate the amount of child support payable under a child support order or an agreement where (

a) the child to whom the orde r or agreement applies has at- tained the age of 19 y ears in the case of the Family Law Act or 18 years in the case of the Divorce Act (Canada) and the amount of child support has been determined in a manner other than by applying the applicable table amount under the Federal Child Support Guidelines or the Child Support Guidelines Regulations as if the child were under the age of 19 years in the case of the Family Law Act or 18 years in the case of the Divorce Act (Canada); (

b) in the case of a person who stands in the place of a parent, the amount of child support payable has been determined in a manner other than by applying the applicable table amount under the Federal Child Support Guidelines or the Child Support Guidelines Regulations as if the child were under the age of 19 years in the case of the Family Law Act or 18 years in the case of the Divorce Act (Canada); (

c) the parties have a shared custody arrangement within the meaning of the Federal Child Support Guidelines or the Child Support Guidelines Regulations; (

d) there has been a determination of undue hardship and, as a result of that finding, the amount of child support payable has been determined in a manner other than by applying the applicable table amount under the Federal Child Support Guidelines or the Child Support Guidelines Regulations as if the child were under the age of 19 years in the case of the Family Law Act or 18 years in the case of the Divorce Act (Canada); (

e) the income of the person who is required to pay child sup- port is greater than $150,000 a year and the amount of child support payable has been determined in a manner other than by applying the applicable table amount under the Federal Child Support Guidelines or the Child Support Guidelines Regulations as if the child were under the age of 19 years in No recalculation where certain circumstances exist

Child Support Service Regulations 31/0 7 The Newfoundland and Labrador Gazette March 9, 2007 170 the case of the Family Law Act or 18 years in the case of the Divorce Act (Canada); or (

f) the annual income of the person who is required to pay child support has been determined in another manner than by us- ing the sources of income set out under the heading "Total Income" in the T-1 General form issued by the Canada Revenue Agency and adjusted in accordance with

Schedule III to the Federal Child Support Guidelines or

Schedule B of the Child Support Guidelines Regulations. 10. The existence of a ch ild support order or an agreement provid- ing for the recalculation of child support shall not preclude an applica- tion for retroactive child support. 11. Where the Department of Human Resources, Labour and Em- ployment requests, the recalculation office shall provide a designated employee of the department with a copy of the noti ce of recalculation referred to in

section 4. 12. In an instance where the recalcul ation office is unable to recal- culate the amount of child support payable under a child support order or an agreement, the recalculation o ffice may return the order or agree- ment to the originating court and indicate why recalculation cannot take place. 13. The Western Child Support Service Regulations , Newfound- land and Labrador Regulation 9/02, are repealed. 14. These regulations come in to force on April 1, 2007. ©Earl G. Tucker, Queen's Printer Application for retroactive child support Request by depart- ment Where recalculation office unable to recalculate NLR 9/02 Rep. Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 9, 2007 171 Index

PART I Change of Name Act – Applications ............................................................................................. ................................................ 92 Mineral Act – Notice .......................................................................................................... ........................................................... 87 Quieting of Titles Act – Notice ............................................................................................... ....................................................... 89 Trustee Act – Notices ......................................................................................................... ........................................................... 89 Urban and Rural Planning Act – Notices ........................................................................................ ............................................... 88

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. City of Mount Pearl Act City of Mount Pearl NLR 30/07 New Mar 9/07, p. 159 Coat of Arms and Flag Order Family Law Act Child Support Service NLR 31/07 R & S Mar 2/07, p. 163 Regulations NLR 9/02 (In force April 1, 2007) Income and Employment Support Act Income and Employment NLR 29/07 Amends Mar 9/07, p. 157 Support Regulations (Amdt) NLR 144/04 S. 8 Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 9, 2007 172 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2007-03-09
Type	gazette
Volume / chapter	printer gazette weekly issues 2007 2007 03 09
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0429fdc1f1e8eea048a84c87b539b7b5211babaf

Source file is stored in the law ingest library (pdf).