251 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 79 ST. JOHN’S, FRIDAY, APRIL 23, 2004 No. 17 MINERAL ACT NOTICE Published in accordance with regulation 62 of the Mineral Regulations.

Mineral rights to the following mineral licence has reverted to the Crown: Mineral Licence 9257M held by Dennis Dwyer situate near Holyrood, Avalon Peninsula on map sheet 1N/ 6 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidated Newfoundland Regulations 1143/96 and Newfoundland Regulation 71/98, 104/98, 97/2000 and 36/2001 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 AM on the 32nd clear day after the date of this publication.

Priority of applications submitted will be determined by a draw. Jim Hinchey P.Geo Manager - Mineral Rights File # 774:5066 April 23 LANDS ACT NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that the Town of Pilley’s Island of Peilley’s Island intends to apply to the Department of Environment and Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2)(

e) of the said Act, to that piece of Crown Land situated within fifteen (15) me tres of the waters of Pilley’s Island Harbour in the Electoral District of Windsor- Sringdale for the purpose of constructing a community wharf and being more particularly described as follows: Bounded on the North by Shoreline for a distance of 10 m; Bounded on the East by Shoreline for a distance of 40 m; Bounded on the South by Shoreline for a distance of 10 m; Bounded on the West by Water for a distance of 40 m; and containing an area of approximately 400 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, c/o the Central Regional Lands Office, P.O. Box 2222, Gander, NL, A1V 2N9. For further information regarding the proposed application, please contact Betty Traverse at the Town Office. Telephone (709) 652-3555. April 23 NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that the Forrester’s Point Harbour Authority of Forrester’s Point intends to apply to the Department of Environment and Conservation, two months from the publication of th is Notice, to acquire title, pursuant to

Section 7(2)(

e) of th e said Act, to that piece of Crown Land situated within fi fteen (15) metres of the

THE NEWFOUNDLAND AND LABRADOR April 23, 2004 252 waters of Forrester’s Point in the Electoral District of St. Barbe for the purpose of wharf, retaining wall and wave break and being more particularly described as follows: Bounded on the North by Crown Land for a distance of 70 m; Bounded on the East by Crown Land for a distance of 70 m; Bounded on the South by Ocean for a distance of 70 m; Bounded on the West by Ocean for a distance of 70 m; and containing an area of approximately 4900 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, c/o the Western Regional Lands Office, P.O. Box 2006, Norton Building, Corner Brook, NL, A2H 6J8. For further information regarding the proposed application, please contac t Roland Gibbons, Forrester’s Point Harbour Authority. Telephone (709) 877-2225.

April 23 QUIETING OF TITLES ACT 2004 05T NO. 0072 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Notice of Application under the Quieting of Titles Act ,

Chapter Q-3, of the Revised Statutes of Newfoundland and Labrador Notice is hereby given to all parties that Glenn Zemdegs and Janice Zemdegs, of th e City of Toronto, in the Province of Ontario, have applied to the Supreme Court, Trial Division, Gander, to have title to all that piece or parcel of property situate at Bonavista, in the Province of Newfoundland and Labrador, which property is more particularly described in Sc hedule “A” hereto annexed and shown in

Schedule “B” hereto annexed. All Bearings aforementioned, for which Glenn Zemdegs and Janice Zemdegs claim to be the owners investigated and for a Declaration that they are the absolute owners in fee simple in possession and the said Glenn Zemdegs and Janice Zemdegs have been ordered to public Notice of Application as required by the above named Act.

All persons having title adverse to the said title claimed by the said Glenn Zemdegs and Janice Zemdegs shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division, Gander, particulars of such adverse claim and serve the same together with an Affidavit verifying same on th e undersigned Solicitors for the Petitioner on or before the 8 th day of May, 2004, 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 such adverse claims shall be investigated then in such manner as the Supreme Court of Newfoundland and Labrador, Trial Division, Gander, may direct. Dated at Clarenville, in the Province of Newfoundland and Labrador, this 12th day of April, 2004. MILLS, HUSSEY & PITTMAN Solicitors for the Applicants PER: Corwin Mills, Q.C. ADDRESS FOR SERVICE: 111 Manitoba Drive Suite 201 Clarenville, NL A5A 1K2 April 23

SCHEDULE “A” DESCRIPTION All that piece or parcel of land situate and being at Bonavista, in the Electoral Dist rict Bonavista South, in the Province of Newfoundland and Labrador, Canada, abutted and bounded as follows, that is to say: BEGINNING at a point in the southwestern limit of a Public Road the said point having NAD-83 Co-ordinates of N 5,390,842.746 meters and E 295,911.575 meters of the Modified 3º Transverse Mercator Grid Projection for the Province of Newfoundland and Labrador.

THENCE running by land of Pearce Burry (Volume 2792, Folio 306) and by land of William Hobbs (Roll 631, Frame 2147) south forty degrees tw enty two minutes twelve seconds west, twenty five decimal five eight six meters. THENCE running by land of Robert Hayward north forty two degrees thirty nine minutes thirty seconds west, fifty nine decimal four eight three meters. THENCE running by Crown Land north fifty degrees thirty four minutes nine seconds east, twenty four decimal zero six two meters.

THENCE running along the said southwestern limit of a Public Road south thirty four degrees thirty minutes fifty one seconds east, thirty three decimal one five five meters; AND THENCE south fifty seven degrees fifty six minutes fifty seven seconds east, twenty three decimal zero one seven meters, more or less, to the point of beginning. Containing an area of 1263.59 sq. meters, more or less, and being more particularly s hown on the diagram annexed hereto. All bearings being referred to grid North of the above mentioned Projection.

THE NEWFOUNDLAND AND LABRADOR April 23, 2004 253

THE NEWFOUNDLAND AND LABRADOR April 23, 2004 254 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Bessie Harris, Late of Harris Po int, Gander Bay, in the Province of Newfoundland and Labrador, Retired Lady, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Bessie Harris, the aforesaid deceased, who died at Gander, in the Province of Newfoundland and Labrador, on or before the 4 th day of April, 2004, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Administratrix of the Estate on or before the 10th day of May, 2004, after which date the Administratrix will proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice.

DATED at Gander, Newfoundland and Labrador, this 26th day of April, 2004. R. Archibald Bonnell Solicitor for the Administratrix ADDRESS FOR SERVICE: Bonnell Law P. O. Box 563 288 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 65104951 Email: archbonnell@bonnellaw.ca April 23, 30

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDIANTE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 79 ST. JOHN’S, FRIDAY, APRIL 23, 2004 No. 17 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 32/04 NLR 33/04

The Newfoundland and Labrador Gazette 147 April 23, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 32/04 Wild Life Regulations (Amendment) under the Wild Life Act (O.C. 2004-189) (Filed April 21, 2004) Under the authority of

section 7 of the Wild Life Act, the minister, with the approval of the Lieutenant-Governor in Council, makes the following regulations. Dated at St. John’s, April 14, 2004. Tom Osborne Minister of Environment and Conservation Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2.

PART V.1 Added

PART V.1 COYOTE 81.1 Coyote licence 81.2 Open season 81.3 Prohibition 3. S.107 Amdt. Firearms, ammunition, per- mits and licences

Wild Life Regulations (Amendment) 32/04 The Newfoundland and Labrador Gazette 148 April 23, 2004 1. Paragraph 2(

h) of the Wild Life Regulations is repealed and the following substituted: (h) "game" includes big game, small game, furbearing animals, coyote and porcupine; 2. The regulations are amende d by adding immediately after

section 81 the following:

PART V.1 COYOTE 81.1

(1) The minister may, upon application by a person 16 years of age and over, issue to that person a coyote licence to take coyote by shooting, and the minister may issue a badge to that person to accom- pany that licence.

(2) The holder of a coyote licence may hunt, take or kill coyote with a centre-fire rifle not greater than .225 calibre or a shotgun using shot size 2 or larger.

(3) The minister may make th e licence subject to those terms and conditions that the minister may determine.

(4) The holder of a coyote licence may sell the whole or any part of a coyote taken under that licence. 81.2

(1) The minister may, by order, prescribe an open season for coyote and that order may be made to apply to the whole of the prov- ince or to a part of the province that may be specified in the order.

(2) The minister may, by order, set a limit on the number of coyote that may be taken during an open season. 81.3

(1) Unless otherwise permitted in these regulations or in an order made under them, a person who does not hold a valid coyote licence shall not hunt, take or kill coyote.

(2) A person who holds a coyote licence shall not hunt, take or kill coyote unless the person has his or her licence on his or her person and if a badge has been issued to him or her, wears the badge in a con- spicuous manner. CNLR 1156/96 as amended Coyote licence Open season Prohibition

Wild Life Regulations (Amendment) 32/04 The Newfoundland and Labrador Gazette 149 April 23, 2004

(3) A person shall not hunt, take or kill coyote on a Sunday, except in the circumstances described in subsection 107(13). 3. (1) Subsection 107(3) of the regulations is amended by add- ing immediately after the words "r im-fire rifle" th e following "or coyote with a centre-fire rifle not greater than .225 calibre". (2) Subsection 107(5) of the regulations is amended by add- ing immediately after the words "r im-fire rifle" th e following "or coyote with a centre-fire rifle not greater than .225 calibre". ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette 151 April 23, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 33/04 Coyote Hunting Order Newfoundland and Labrador, 2004 under the Wild Life Regulations and the Wild Life Act (Filed April 21, 2004) Under the authority of sections 81.2, 88 and 114 of the Wild Life Regulations and the authority of the Wild Life Act, I make the following Order. Dated at St. John’s, April 14, 2004. Tom Osborne Minister of Environment and Conservation ORDER Analysis 1.

Short title 2. Definition 3. Coyote licence holders 4. Other licence holders 5. Specimens 6. Limit 7. Identification 8. Repeal 1. This Order may be cited as the Coyote Hunting Order New- foundland and Labrador, 2004. 2. In this order, "coyote shootin g licence" means a licence issued under

section 81.1 of the Wild Life Regulations.

Short title Definition

Coyote Hunting Order Newfoundland and Labrador, 2004 33/04 The Newfoundland and Labrador Gazette 152 April 23, 2004 3. The open season for the hunting of coyote by the holder of a coyote shooting licence is from May 1, 2004 to July 10, 2004 and from September 11, 2004 to July 9, 2005. 4.

(1) The holder of a big game, small game or wolf shooting li- cence is permitted to hunt coyote by shooting, in the area and during the open season for which his or her licence is valid.

(2) The holder of the licence referred to in subsection (1) shall only shoot coyotes using the type of firearm and ammunition that his or her licence permits.

(3) A person who shoots coyotes with a shotgun under the au- thority of this

section shall use shot size 2 or larger. 5. A person who kills a coyote sh all surrender the carcass to an office of the Inland Fish and Wildlife Division within 14 days of the date of the kill and may keep or sell the skin. 6. There is no limit on the number of coyotes which may be shot by the holder of a coyote shooting licence or by a person under the authority of

section 4. 7. A person shall not transport or possess any firearm under the authority of a valid game licence without being in possession of an outdoor identification card, or non-resident equivalent card, issued to that person. 8. The Coyote Hunting Order Newfoundland and Labrador , NLR 76/02, is repealed. ©Earl G. Tucker, Queen's Printer Coyote licence holders Other licence holders Specimens Limit Identification Repeal

THE NEWFOUNDLAND AND LABRADOR April 23, 2004 153 Index

PART I Lands Act – Notices ........................................................................................................... .......................................................... 251 Mineral Act – Notice .......................................................................................................... ......................................................... 251 Quieting of Titles Act – Application .......................................................................................... .................................................. 252 Trustee Act – Notice .......................................................................................................... .......................................................... 254

PART II CONTINUING INDEX OF SUBORDIANTE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Wild Life Act Wild Life Regulations 32/04 Amends April 23, 2004, p. 147 (Amendment) CNLR 1156/96 s. 2 Amdt.,

Part V.1-Ss. 81.1 - 81.3 Added, s. 107 Amdt. Wild Life Act and the Wild Life Regulations Coyote Hunting Order, 33/04 R & S April 23, 2004, p. 151 Newfoundland and Labrador, 2004 NLR 76/02

THE NEWFOUNDLAND AND LABRADOR April 23, 2004 154 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.

Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($133.75). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649. Fax: (709) 729-1900.

Web Site: www.gov.nl.ca/queensprinter Legislative History of the Judicature Act, 1791-1988 Price $25.00 plus G.S.T. (Plus $2.00 postage and handling) Place you order by contacting: Office of The Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.