Newfoundland and Labrador Gazette, Part I — 29 February 2008, Vol. 83, No. 9 — Urban and Rural Planning Act Notice of Registration

NLG 2008-02-29

Newfoundland and Labrador — Gazette

69 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 83 ST. JOHN’S, FRIDAY, FEBRUARY 29, 2008 No. 9 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF CONCEPTION HARBOUR MUNICIPAL PLAN AMENDMENT NO. 1 2007, and DEVELOPMENT REGULATIONS AMENDMENT NO. 3, 2007 Take notice that the Town of Conception Harbour Municipal Plan Amendment No. 1, 2007, and Development Regulations Amendment No. 3, 2007 approved on the 16th day of October, 2007, has been registered by the Minister of Municipal Affairs.

In general terms, the purpose of the Municipal Plan Amendment No.1, 2007, is to add policy for the protection of the four wellheads located in the Town. The Amendment will also transfer the digital plan future land use designation layer to new mapping and integrate the existing digital mapping into a new digital map. Development Regulations Am endment No. 3, 2007 will add conditions to the Resident ial Land Use Zone Table for the protection of the four wellheads and also consist of a transfer of the digital zoning layer to new mapping and integrate the existing digital mapping into a new digital map.

The Town of Conception Harbour Municipal Plan Amendment No. 1, 2007, and Development Regulations Amendment No. 3, 2007, comes in to effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Town of Conception Harbour Municipal Plan Amendment No. 1, 2007, and Development Regula tions Amendment No. 3, 2007, may do so at the Town Office, Conception Harbour, during normal working hours.

TOWN OF CONCEPTION HARBOUR Lillian Connors, Town Clerk Feb 29 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF TH E ESTATE of THADDEUS RUSSELL, late of the Town of Kippens, in the Province of Newfoundland and Labrador, retired, deceased February 5th, 2008.

All persons claiming to be cr editors of or who have any claims or demands upon or affecting the Estate of THADDEUS RUSSELL, late of the Town of Kippens, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 24 th day of March, 2008, after which date the said Executor will proceed to distribute the said Estate havi ng regard only to the claims of which notice shall have been received.

THE NEWFOUNDLAND AND LABRADOR February 29, 2008 70 DATED at Stephenville, Newf oundland and Labrador, this 19th day of February, 2008. ROXANNE PIKE LAW OFFICE Solicitor for the Executor PER: Roxanne Pike ADDRESS FOR SERVICE P. O. Box 272, 43 Main Street Stephenville, NL A2N 2Z4 Tel: 709-643-6436 Fax: 709-643-7343 Feb 29 ESTATE NOTICE In the Estate of HUGH BRUCE Late of the Town of Stephenville, in the Pr ovince of Newfoundland and Labrador, retired, deceased: February 15th, 2008.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of HUGH BRUCE, late of the Town of Stephenville, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send the particular s of the same in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 31 st day of March, 2008, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newf oundland and Labrador, this 25th day of February, 2008. ROXANNE PIKE LAW OFFICE Solicitor for the Executor PER: Roxanne Pike ADDRESS FOR SERVICE P. O.

Box 272, 43 Main Street Stephenville, NL A2N 2Z4 Tel: 709-643-6436 Fax: 709-643-7343 Feb 29 CHANGE OF NAME ACT C-8 RSNL 1990 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:- MARTINE BROWN of 4 Hartery Crescrent, St.John’s, A0A 1J0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JAMES JESSE GORDEN WILLIAMS to JAMES JESSE GORDEN BROWN DATED this 18 th day of February, 2008.

MARTINE BROWN (Signature of Applicant) Feb 29 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:- STACY DAWN PELLEY of P. O. Box 48, Sunnyside, A0B 3J0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from BRIANNA OLIVIA ROSE PELLEY to BRIANNA OLIVIA ROSE GREEN DATED this 8th day of February, 2008.

STACY PELLEY (Signature of Applicant) Feb 29 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:- VICKY LINE JULIEN of 70 Guzzwell Drive, St. John’s, A1A 4M2, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from AMY MARIE FOWLER to AMY MARIE JULIEN-FOWLER

THE NEWFOUNDLAND AND LABRADOR February 29, 2008 71 DATED this 6 th day of February, 2008.

VICKY JULIEN (Signature of Applicant) Feb 29 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:- MELANIE LEANNE HANDCOCK of 16 Wilcockson Crescent, Gander, A1N 1M5, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from BRITTANY NICOLE RANDELL to BRITTANY NICOLE RANDELL HANDCOCK DATED this 28th day of November, 2007.

MELANIE LEANNE HANDCOCK (Signature of Applicant) Feb 29 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:- JEROME STANLEY BENOIT of 28 Brook Street, Box 189, Stephenville Crossing,, A0N 2C0, in the Province of Newfoundland and Labrador, as follows: To change my name from JEROME STANLEY BENOIT to JEROME STANLEY BENNETT DATED this 14 th day of February, 2008. JEROME BENOIT (Signature of Applicant) Feb 29

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 83 ST. JOHN’S, FRIDAY, FEBRUARY 29, 2008 No. 9 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 11/08 NLR 12/08 NLR 13/08 NLR 14/08 NLR 15/08

The Newfoundland and Labrador Gazette February 29, 2008 77 NEWFOUNDLAND AND LABRADOR REGULATION 11/08 Offshore Area Registration Regulations (Amendment) under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2008-041) (Filed February 26, 2008) Under the authority of

section 114 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Lab- rador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, February 25, 2008. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.5 Amdt. Registration 2. S.6 Amdt. Documents 3. S.9 Amdt. Corrections 4. S.11 R&S Notice 5. S.12 R&S Surrender of interest 6. S.12.1 Added Registrar's endorsement 7. S.13 Amdt. Appointment of a represen- tative

Offshore Area Registration Regulations (Amendment) 11/08 The Newfoundland and Labrador Gazette February 29, 2008 78 1. (1) Subsections 5(1) and (2) of the Offshore Area Registration Regulations are repealed and the following substituted: 5.

(1) On registering an interest, the registrar shall prepare an ab- stract of the interest and without delay enter the abstract in a book to be maintained as the register.

(2) The abstract shall cont ain the following information: (

a) the type, effective date and term of the interest; (

b) the name of the interest owner or, if the interest owner con- sists of two or more interest holders, the name of each holder and the name of the representative appointed or designated under

section 52 of the Act; (

c) the particulars of the shares in the interest; and (

d) a description of those portions of the offshore area, geologi- cal formations and substances to which the interest applies. (2) Subsection 5(3) of the regulations is repealed. (3) Paragraph 5(5)(

a) of the regulations is repealed and the following substituted: (

a) changes to the information recorded in the abstract, other than the corrections referred to in subsection 9(2); (4) Paragraph 5(5)(

e) of the regulations is repealed and the following substituted: (

e) the extension of the term of that interest under a provision of the Act. 2. Subsection 6(1) of the regulations is repealed and the follow- ing substituted: 6.

(1) The registrar shall stamp each document submitted for regis- tration under Division VII of

Part II of the Act with the date and time of its receipt at the office of the registrar. CNLR 2/96 as amended Registration Documents

Offshore Area Registration Regulations (Amendment) 11/08 The Newfoundland and Labrador Gazette February 29, 2008 79 3. Subsection 9(1) of the regulations is repealed and the follow- ing substituted: 9.

(1) The registrar shall cancel the registration of any interest registered in error and shall forthwith notify the interest owner, the representative appointed or designated under

section 52 of the Act, if any, and any other person that is directly affected by the cancellation.

Section 11 of the regulations is repealed and the following substituted: 11. Unless otherwise specified in the Act, a notice that is required to be given to a person by the board or the registrar under

Part II of the Act shall be given by personal service or by registered mail sent to the latest address for that person that is filed with the registrar.

Section 12 of the regulations is repealed and the following substituted: 12.

(1) An interest may be surrendered with respect to all or any portion of the offshore area that is s ubject to the interest by sending a notice of surrender to the registrar describing the offshore area in ques- tion.

(2) A notice of surrender of an interest in respect of all the off- shore area subject to the interest shall be executed by the interest owner or, if the interest owner consists of more than one interest holder, by each holder.

(3) A notice of surrender of an in terest in respect of a portion of the offshore area that is subject to the interest shall be executed by the interest owner or by the holder of each share in the interest held in re- spect of that portion. 6. The regulations are amende d by adding immediately after

section 12 the following: 12.1 If an interest is surrendered, the registrar shall endorse a memo- randum to that effect on the original copy of that interest maintained under paragraph 7(2)(

a) and shall make a notation of the surrender in the abstract of that interest. Corrections Notice Surrender of interest Registrar's en- dorsement

Offshore Area Registration Regulations (Amendment) 11/08 The Newfoundland and Labrador Gazette February 29, 2008 80 7. (1) Subsection 13(1) of th e regulations is repealed and the following substituted: 13.

(1) Interest holders shall appoint a representative referred to in subsection 52(1) of the Act by sending a notice of appointment exe- cuted by each interest holder to the registrar. (2) Subsection 13(3) of the regulations is repealed and the following substituted:

(3) If the interest holders terminate the appointment of a repre- sentative referred to in subsection 52(1) of the Act, the interest holders shall, without delay, provide the re gistrar with a notice of termination and the termination shall be effective when the notice is received by the registrar. ©Earl G. Tucker, Queen's Printer Appointment of a representative

The Newfoundland and Labrador Gazette February 29, 2008 81 NEWFOUNDLAND AND LABRADOR REGULATION 12/08 Directed Sale of Timber Regulations under the Forestry Act (O.C. 2008-038) (Filed February 26, 2008) Under the authority of

section 38 of the Forestry Act, the Lieuten- ant-Governor in Council makes the following. Dated at St. John’s, February 25, 2008. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Interpretation 3. Non-application of regula- tions 4. Notice of directed sale 5. Directed sale agreement required 6. Duration of directed sale agreement 7. Waiver

PART I ARBITRATION PROCESS 8. Referral to arbitration 9. Arbitrator's decision 10. Offer of settlement 11. When arbitrator's decision becomes binding 12. Costs of arbitration 13. Arbitration Act does not apply

PART II RIGHT OF FIRST REFUSAL

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 82 14. Right of first refusal 15. Operation of right of first refusal 16. Duration of agreement

PART III GENERAL 17. Transfer of right 18. Application of regulations 1. These regulations may be cited as the Directed Sale of Timber Regulations. 2.

(1) In these regulations (a) "Act" means the Forestry Act; (b) "applicant" means a person who (

i) applies for a cutting permit under

section 27 of the Act; or (ii) proposes to enter into a timber sale agreement with the minister under

section 22 of the Act; (c) "designated purchaser" means a person to whom timber cut under a cutting permit or a timber sale agreement shall be of- fered for sale, as specified by the Lieutenant-Governor in Council under subsection 22(2) or 27(8) of the Act; (d) "directed sale" means a sale by an applicant to a designated purchaser under the terms of a cutting permit or a timber sale agreement; and (e) "Labrador Inuit Settlement Area" has the meaning assigned to it in the Labrador Inuit Land Claims Agreement as de- fined in the Labrador Inuit Land Claims Agreement Act.

(2) Unless otherwise stated, a reference in these regulations to a notice means a notice in a form approved by the minister.

(3) In these regulations, communications may be made by elec- tronic means and are not required to be in writing unless that require- ment is specifically stated. 3. These regulations shall not apply to the Labrador Inuit Settle- ment Area.

Short title

Interpretation Non-application of regulations

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 83 4.

(1) Where the Lieutenant-Governor in Council requires that timber which is the subject of (

a) a cutting permit; or (

b) a timber sale agreement be offered for sale to a designated purchaser, the minister shall notify the applicant and the designated purchaser of that requirement at the time an application for a cutting permit is made or a timber sale agree- ment is proposed.

(2) The notice referred to in subsection (1) shall contain the fol- lowing information: (

a) contact information for th e designated purchaser and the applicant; (

b) the volume of timber proposed to be cut; (

c) the location where the timber is to be cut; (

d) the category or categories of timber to which the require- ment of the directed sale applies; (

e) other information that the minister considers relevant to a determination of the sale price of the timber; and (

f) the duration of the directed sale conditions. 5.

(1) Upon receipt of the notice re ferred to in subs ection 4(1), the applicant and the designated purchaser shall enter into negotiations respecting an agreement for the directed sale of timber.

(2) A cutting permit shall not be issued or a timber sale agree- ment shall not be concluded until (

a) the applicant and the desi gnated purchaser have each ad- vised the minister in writing th at an agreement for the di- rected sale of timber has been concluded; or Notice of directed sale Directed sale agreement required

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 84 (

b) the designated purchaser has, in writing, advised the appli- cant and the minister that he or she has waived his or her right to enter into a directed sale agreement under

section 7.

(3) The provisions of an agreement referred to in this

section shall not form a term or condition of a cutting permit or a timber sale agreement unless it is required to be so by the Lieutenant-Governor in Council under subsection 22(2) or 27(8) of the Act.

(4) The minister is not a party to a directed sale agreement. 6.

(1) An agreement for the direct ed sale of timber concluded un- der these regulations shall remain in effect as follows: (

a) where an agreement for the directed sale of timber has been concluded as a condition of the issuance of a cutting permit, the directed sale agreement sh all remain in effect for the term of the cutting permit; and (

b) where an agreement for the di rected sale of timber has been concluded as a condition of entry into a timber sale agree- ment between the applicant an d the minister, the directed sale agreement shall remain in effect for (

i) the term of the timber sale agreement, or (ii) one calendar year whichever time period is the lesser.

(2) Where a timber sale agreement is for a term of more than one calendar year and the directed sale agreement referred to in subsec- tion (1) expires while the timber sale agreement is in effect, timber shall not be cut under the timber sale agreement until (

a) the applicant and designated purchaser have concluded a new agreement for the directed sale of timber; or (

b) the designated purchaser has waived his or her right to enter into a directed sale agreement under

section 7. 7.

(1) A designated purchaser may waive his or her right to enter into an agreement for the directed sale of timber at any time Duration of directed sale agreement Waiver

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 85 (

a) before a directed sale agreement is reached; or (

b) where an arbitration has commenced, before the minister notifies the parties that an arb itrator has reached a decision in the arbitration.

(2) Where an applicant or a designated purchaser has referred a matter to arbitration under

section 8 and the arbitrator has issued a de- cision, the designated purchaser may not waive his or her right to enter into an agreement for the directed sale of timber if the applicant has consented to the decision of the arbitrator under

section 9.

(3) A waiver under subsection (1) shall be in writing and a copy shall be delivered to the minister, the applicant, and the arbitrator where one has been appointed.

PART I ARBITRATION PROCESS 8.

(1) Where an agreement for the directed sale of timber has not been concluded within 30 days of the issuance of the notice referred to in subsection 4(1), either the applicant or the designated purchaser may ask the minister to appoint an arbitrator to whom the outstanding matter may be submitted and shall provide the other party with a copy of that request.

(2) At the discretion of the minister, 2 or more applicants may join together as a party to an arbitration.

(3) Within 14 days of receipt of the request fo r the appointment of a arbitrator referred to in subsection (1), the minister shall appoint an arbitrator and notify the applicant and the designated purchaser of that appointment.

(4) Within 10 days of the appointment of the arbitrator by the minister, the designated purchaser an d the applicant shall each provide the arbitrator with a written submission setting out: (

a) the names of the applicant and designated purchaser; (

b) a

summary of the facts; (

c) the issue or issues requiring settlement; Referral to arbitra- tion

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 86 (

d) a final offer by each to the other party respecting the price of timber and any terms and conditions of the directed sale; and (

e) any other matter considered relevant by the applicant or the designated purchaser and each party shall provide the other with a copy of the party's sub- mission under this subsection.

(5) A party to an arbitration under this

section may, within 5 days of the date that the arbitrator has received both submissions under subsection (4), submit to the arbitrator a rebuttal to the information contained in the submission of the other party.

(6) Where an arbitrator consider s it necessary to clarify a final offer or other matter contained in a submission or a rebuttal, he or she may request and receive oral or written information from either party.

(7) Where an arbitrator requests additional information from a party under this

section that information may be provided orally or in writing and the other party to the arbitration shall be informed of that request and be provided with the opportunity to hear that information and respond to it within the time period set by the arbitrator.

(8) The arbitrator shall con duct the arbitration proceedings in the manner the arbitrator considers appropriate having regard to the circumstances of the dispute.

(9) The arbitrator is not bou nd by the rules of evidence and has the power to determine the admissibility, relevance and weight of evi- dence and may determine the manner in which evidence is to be admit- ted. 9.

(1) The arbitrator shall, within 14 days of the date (

a) on which he or she is first in receipt of the submission of both the applicant and the designated purchaser; or (

b) on which the arbitrator is fi rst in receipt of the additional information requested under

section 8, file his or her decision with the minister. Arbitrator's decision

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 87

(2) The arbitrator's decision shall be in writing and shall be based on a selection of one of the parties' final offers as submitted to the arbitrator.

(3) An arbitrator is not requir ed to provide written reasons in support of his or her decision.

(4) The minister shall, within 5 days of receiving the arbitrator's decision, notify the parties of that decision. 10.

(1) A party to an arbitration may make an offer of settlement in writing to the other at any time before the minister notifies the parties that the arbitrator has reached a decision in the arbitration.

(2) If an offer of settlement made under subsection (1) is ac- cepted by the other party, the app licant and the designated purchaser shall each (

a) notify the arbitrator in wr iting of the settlement agreement; and (

b) notify the minister in writing that the request for the ap- pointment of an arbitrator or a submission under an arbitra- tion is revoked and that an agreement for the directed sale of timber has been concluded. 11.

(1) Participation in the arbitration process as set out in these regulations shall not be construed as requiring an applicant to pursue a cutting permit or timber sale agreement under the Act.

(2) Where the applicant submit s to the decision of the arbitra- tor, (

a) the decision shall become binding on both parties; and (

b) the applicant and the design ated purchaser shall each notify the minister in writing that the matter has been resolved and that an agreement for the direct ed sale of timber has been concluded.

(3) The provisions of an arbitrator's decision under this

section shall not form a term or condition of a cutting permit or a timber sale Offer of settlement When arbitrator's decision becomes binding

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 88 agreement unless it is required to be so by the Lieutenant-Governor in Council under subsection 22(2) or 27(8) of the Act. 12.

(1) Each party to arbitration is responsible for the cost of prepar- ing and presenting his or her own case in arbitration.

(2) The fees and expenses of th e arbitrator and the costs of the administrative services in the arbitration shall be shared equally by the parties to the arbitration.

(3) This

section shall apply notwithstanding that (

a) during the course of the arbitration, a settlement was agreed to by the parties or a waiver under

section 7 was exercised by the designated purchaser; or (

b) an applicant chooses not to pursue a cutting permit or timber sale agreement under the Act. 13. The Arbitration Act does not apply to an arbitration conducted under these regulations.

PART II RIGHT OF FIRST REFUSAL 14.

(1) Where the Lieutenant-Governor in Council requires that timber which is the subject of (

a) a cutting permit; or (

b) a timber sale agreement is to be first offered for sale to a specified person, the minister shall notify the applicant and the designated purchaser at the time an applica- tion for a cutting permit is made or a timber sale agreement is proposed by the applicant.

(2) The notice referred to in subsection (1) shall contain the fol- lowing information: (

a) contact information for th e designated purchaser and the applicant; Costs of arbitration Arbitration Act does not apply Right of first refusal

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 89 (

b) the volume of timber proposed to be cut; (

c) the location where the timber is to be cut; (

d) the category or categories of timber subject to the right of first refusal; (

e) any other information that the minister considers relevant to the selling price of the timber; and (

f) the duration of the right of first refusal. 15.

(1) Where the sale of the timber is subject to a right of first re- fusal and the applicant receives an acceptable offer from a third party, he or she shall deliver a written copy of that offer to the designated purchaser.

(2) Within 14 days of receipt of a copy of the third party offer, the designated purchaser may exercise or waive his or her right of first refusal and shall advise the applicant and the minister in writing.

(3) Notwithstanding subsection (2), a designated purchaser may waive his or her right of first refusal at any time, including where no third party offers have been received, and where the designated pur- chaser waives that right, he or sh e shall advise the applicant and the minister of that waiver in writing.

(4) Where the designated purchaser elects to exercise his or her right of first refusal, he or she shall submit to the applicant, before the expiry of the period referred to in subsection (2), an offer which shall be on the same terms and conditions as, or better than, the offer made by the third party.

(5) The applicant may choose to accept an offer made under subsection (4) but an offer made by a designated purchaser in the exer- cise of the right of first refusal shall not be construed as requiring an applicant to pursue a cutting permit or timber sale agreement under the Act.

(6) Where an offer made under subsection (4) is accepted by the applicant, the applicant and the de signated purchaser shall each notify the minister in writing that an agreement for the sale of timber has been Operation of right of first refusal

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 90 concluded and the minister may then issue a cutting permit or conclude a timber sale agreement as appropriate.

(7) The provisions of an agreement referred to in subsection (6) shall not form a term or condition of a cutting permit or a timber sale agreement unless it is required to be so by the Lieutenant-Governor in Council under subsection 22(2) or 27(8) of the Act.

(8) Where the designated purchaser waives his or her right of first refusal within the period specified in subsection (2), the applicant shall be free to enter into an agreement with a third party provided that the agreement is on the same terms and conditions as the offer submit- ted to the designated purchaser.

(9) Where the designated purchaser does not respond to the ap- plicant within the period referred to in subsection (2), he or she shall be considered to have waived his or her right of first refusal and the appli- cant shall be free to enter into an agreement with another person for the sale of timber.

(10) Where a right of first refusal has been waived under subsec- tion (2) or (3), or is considered to have been waived under subsection (9), it shall not be exercised by the designated purchaser (

a) in the case of a right of first refusal under a cutting permit, for the term of the permit; and (

b) in the case of a right of first refusal under a proposed timber sale agreement, for one calendar year or the term of the tim- ber sale agreement, whichever is the lesser.

(11) The minister is not a part y to an agreement reached in the exercise of a right of first refusal under this section. 16.

(1) An agreement for the sale of timber concluded between the applicant and the designated purchaser under subsection 15(5) shall remain in effect (

a) where an agreement for the sale of timber has been con- cluded as a condition of the issuance of a cutting permit, the sale agreement shall remain in effect for the term of the cut- ting permit; and Duration of agree- ment

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 91 (

b) where an agreement for the sale of timber has been con- cluded as a condition of entry into a timber sale agreement between the applicant and the minister, the sale agreement shall remain in effect for (

i) the term of the timber sale agreement, or (ii) one calendar year whichever time period is the lesser.

(2) Where an agreement betwee n the applicant and the desig- nated purchaser expires under paragraph (1)(

b) while the timber sale agreement is in effect, the applicant may not cut timber under the tim- ber sale agreement until (

a) the designated purchaser has been given a new opportunity to exercise his or her right of first refusal in accordance with these regulations; and (

b) the applicant and the designated purchaser have concluded a new agreement or the designated purchaser has waived his or her right of first refusal.

(3) The requirements of paragraph (1)(

b) and subsection (2) apply to an agreement concluded under paragraph (2)(b).

PART III GENERAL 17. A right conferred under these re gulations is no t transferable. 18.

(1) These regulations shall apply to a person who applies for a cutting permit or to enter into a timber sale agreement where that appli- cation is made for an area of the province where a transfer agreement under

section 12 of the Act is in force.

(2) These regulations shall apply to a person who applies for a cutting permit or to enter into a timber sale agreement where that appli- cation is made for an area of the province within which the Crown re- quires that timber be offered for sale under the agreement referred to in Transfer of right Application of regulations

Directed Sale of Timber Regulations 12/08 The Newfoundland and Labrador Gazette February 29, 2008 92 the Government-Corner Brook Pulp and Paper Limited Agreement Act, 1994. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette February 29, 2008 93 NEWFOUNDLAND AND LABRADOR REGULATION 13/08 Central Regional Service Board Order under the Regional Service Boards Act (O. C. 2008-036) (Filed February 26, 2008) Under the authority of

section 3 of the Regional Service Boards Act the Lieutenant-Governor in Council, on the recommendation of the Minister of Municipal Affairs, makes the following Order. Dated at St. John’s, February 25, 2008. Gary Norris Clerk of the Executive Council ORDER Analysis 1.

Short title 2. Creation of Region 3. Establishment of board 1. This Order may be cited as the Central Regional Service Board Order. 2. The towns, local service dist ricts and unincorporated areas within the boundaries of Buchans in the west, Salvage in the east, north

Short title Creation of Region

Central Regional Service Board Order 13/08 The Newfoundland and Labrador Gazette February 29, 2008 94 to and including Fogo Island, and Glovers Harbour in the northwest are constituted as a region with the name of the Central Region. 3. The Central Regional Service Board is established for the region for the purpose of providing regional services in accordance with the Act. ©Earl G. Tucker, Queen's Printer Establishment of Board

The Newfoundland and Labrador Gazette February 29, 2008 95 NEWFOUNDLAND AND LABRADOR REGULATION 14/08 Greater Avalon Regional Service Board Order under the Regional Service Boards Act (O.C. 2008-035) (Filed February 26, 2008) Under the authority of

section 3 of the Regional Service Boards Act, the Lieutenant Governor in Council, on the recommendation of the Minister of Municipal Affairs, makes the following Order. Dated at St. John’s, February 25, 2008. Gary Norris Clerk of the Executive Council ORDER Analysis 1.

Short title 2. Creation of region 3. Establishment of board 1. This Order may be cited as the Greater Avalon Regional Service Board Order. 2. The towns, local service dist ricts and unincorporated areas within the area of the Town of Clar enville and east of it including Ran-

Short title Creation of region

Greater Avalon Regional Service Board Order 14/08 The Newfoundland and Labrador Gazette February 29, 2008 96 dom Island and west of it including Swift Current are constituted as a region with the name of the Greater Avalon Region. 3. The Greater Avalon Regional Se rvice Board is established for the region for the purpose of providing regional services in accordance with the Act. ©Earl G. Tucker, Queen's Printer Establishment of board

The Newfoundland and Labrador Gazette February 29, 2008 97 NEWFOUNDLAND AND LABRADOR REGULATION 15/08 Northern Peninsula Regional Service Board Order (Amendment) under the Regional Service Boards Act (O.C. 2008-037) (Filed February 26, 2008) Under the authority of

section 3 of the Regional Service Boards Act, the Lieutenant-Governor in Council, on the recommendation of the Minister of Municipal Affairs, makes the following Order. Dated at St. John’s, February 25, 2008. Gary Norris Clerk of the Executive Council ORDER Analysis 1. S.2 R&S Creation of region 2. S.3 R&S Establishment of board 3. Sch. Rep.

Section 2 of the Northern Peninsula Regional Service Board Order is repealed and the following substituted: NLR 32/05

Northern Peninsula Regional Service Board Order (Amendment) 15/08 The Newfoundland and Labrador Gazette February 29, 2008 98 2. The towns, local service district s and unincorporated areas north of River of Ponds are constituted as a region with the name of the Northern Peninsula Region.

Section 3 of the Order is repealed and the following substi- tuted: 3. The Northern Peninsula Regional Service Board is established for the region for the purpose of providing regional services in accor- dance with the Act. 3. The

Schedule to the Order is repealed. ©Earl G. Tucker, Queen's Printer Creation of region Establishment of board

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 29, 2008 99 Index

PART I Change of Name Act – Applications ............................................................................................. ................................................ 70 Trustee Act – Notices ......................................................................................................... ........................................................... 69 Urban and Rural Planning Act – Notice ......................................................................................... ............................................... 69

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. Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act Offshore Area Registration NLR 11/08 Amends Feb 29/08, p. 77 Regulations (Amdt) CNLR 2/96 Ss 5, 6 & 9 Amdt Ss. 11 & 12 R & S S. 12.1 Added S. 13 Amdt.

Forestry Act Directed Sale of NLR 12/08 New Feb 29/08, p. 81 Timber Regulations Regional Service Boards Act Central Regional Service NLR 13/ 08 New Feb 29/08, p. 93 Board Order Greater Avalon Regional NLR 14/ 08 New Feb 29/08, p.95 Service Board Order Northern Peninsula Regional NLR 15/08 Amends NLR 32/05 Feb 29/08, p. 97 Service Board Order (Amdt) Ss. 2 & 3 R & S Sch. Rep.

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 29, 2008 100 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 2008-02-29
Type	gazette
Volume / chapter	printer gazette weekly issues 2008 2008 02 29
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0785edda03e03c3a70fd378d039fa1bd8ce5d41c

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