163 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 80 ST. JOHN’S, FRIDAY, APRIL 1, 2005 No. 13 CRIMINAL CODE OF CANADA ATTORNEY GENERAL OF NEWFOUNDLAND AND LABRADOR ANNUAL REPORT RCMP/RNC

SECTION 195 - CRIMINAL CODE OF CANADA This report covers the period January 1, 2004 to December 31, 2004. No applications were made or authorizations obtained in 2004. JOHN R. CUMMINGS, Q.C.

Deputy Minister of Justice and Deputy Attorney General April 1 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF PORT REXTON MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS 2004 2014 Take notice that the Town of Port Rexton Municipal Plan and Development Regulations 2004-2014, as adopted by Council on the 17 th day of November, 2004 and approved the 27th day of February, 2005 have been registered by the Minister of Municipal and Provincial Affairs.

The Port Rexton Municipal Plan and Development Regulations 2004-2014 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 Port Rexton Municipal Plan and Development Regulations 2004-2014 may do so at the Town Office, Port Rexton during normal working hours.

TOWN OF PORT REXTON Town Clerk April 1 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Philip Edison, late of the Community of Summerville, in the Province of Newfoundland and Labrador, pensioner, bachelor, deceased; All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Philip Edison, late of the Community of Summerville, 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 Administrator of the Estate on or before the 25 th day of April,2005 after which date the said will proceed to distribute the said Estate havi ng regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newfoundland and Labrador, Canada, this 22nd day of March, 2005.

THE NEWFOUNDLAND AND LABRADOR April 1, 2005 164 MARCHE-WHITE LAW OFFICE Solicitor for the Administrator PER: Marie Marche-White ADDRESS FOR SERVICE P. O.

Box 272 43 Main Street Stephenville, NL A2N 2Z4 April 1 ESTATE NOTICE IN THE MATTER OF the Estate of Annie Mary Marche late, of the Town of Lourdes presently residing at Stephenville Crossing, in the Province of Newfoundland and Labrador, pensioner, deceased; All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Annie Mary Marche, late of the Town of Stephenville Crossing, 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 Administrator of the Estate on or before the 30 th day of April,2005 after which date the said Administrator will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newfoundland and Labrador, Canada, this 26 th day of March, 2005. MARCHE-WHITE LAW OFFICE Solicitor for the Administrator PER: Marie Marche-White ADDRESS FOR SERVICE P. O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 April 1 LANDS ACT NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that Wayne Tucker of Milford, Nova Scotia intends to a pply to the Department of Environment and Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2) of the said Act, to that piece of Crown Land situated within fifteen (15) metres of the waters of Southwest Arm, King’s Point, in the Electoral District of Baie Verte for the purpose of cottages and being more particularly described as follows: Bounded on the North by Bayside Drive for a distance of 29 m; Bounded on the East by W. Gillingham for a distance of 4 m; Bounded on the South by waters of Harbour for a distance of 29 m; Bounded on the West by L. Budgell for a distance of 4 m; and containing an area of approximately 116 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 Government Serv ices and Lands, c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. For further information regarding the proposed application, please contact Wayne Tucker, Telephone (902) 758-1965. April 1 NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that The Town of Pasadena intends to apply to the Department of Environment and Conservation, two months fro m the publication of this Notice, to acquire title, pursu ant to

Section 7(2)(

c) of the said Act, two parcels of Crown Land situated within fifteen (15) metres of the waters of South Brook and Reverse Curve Brook, in the Electoral District of Humber East for the purpose of constructing a storm sewer and road construction and being more particularly described as follows: Parcel 1 Bounded on the North by Crown Land for a distance of 15 m; Bounded on the East by Crown Land for a distance of 10 m; Bounded on the South by Crown Land for a distance of 10 m; Bounded on the West by South Brook for a distance of 10 m; and containing an area of approximately 150 square metres.

Parcel 2 Bounded on the North by Reverse Curve Brook for a distance of 35 m; Bounded on the East by Crown Land for a distance of 18 m; Bounded on the South by Crown Land for a distance of 35 m; Bounded on the West by South Brook for a distance of 18 m; and containing an area of approximately 630 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 Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8.

For further information regarding the proposed application, please contac t, Jim Merrigan, Town

THE NEWFOUNDLAND AND LABRADOR April 1, 2005 165 Clerk/Manager, Town of Pasadena, 18 Then Avenue, Pasadena, A0L 1K0, Telephone (709) 686-2075. April 1 QUIETING OF TITLES ACT 200404T0 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION NOTICE OF APPLICATION under the Quieting of Titles Act, RSNL 1990, c. Q-3. NOTICE NOTICE is hereby given to all parties that Lloyd T. Burton and Marion Burton, of the Town of Irishtown, in the Province of Newfoundland and Labrador NOTICE is hereby given to all parties that Lloyd T.

Burton and Marion Burton, of the Town of Irishtown, in the Province of Newfoundland and Labrador, have applied to the Supreme Court of Newfoundland and Labrador, Trial Division, at Corner Brook, to have the title to ALL THAT piece or parcel of land situat e and being at Twillingate, in the Electoral District of Twillingate and Fogo, Newfoundland and Labrador, Ca nada, more particularly described in

Schedule A and shown on

Schedule B hereto annexed ALL BEARINGS aforementioned, for which Lloyd T. Burton and Marion Burton claims to be the owners, investigated and for a Declaration that they are the absolute owners in fee simple and that the said Lloyd T. Burton and Marion Burton, have been ordered to publish notice of the Application as required by the above noted Act.

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 Labrador, at Corner Brook particulars of such adverse claim, and serve the same together with an affidavit verifying same on the undersigned solicitor for the Applicants on or before the 22 nd day of April, 2005, after which date no party having any claim shall be permitted to file the same or be heard except by leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be then investigated in such manner as the said Supreme Court of Newfoundland and Labrador at Corner Brook may direct. DATED at the Town of Stephenville, Province of Newfoundland and Labrador, this 20 th day of March, 2005. MARCHE-WHITE LAW OFFICE Solicitor for the Administrator PER: Marie Marche-White ADDRESS FOR SERVICE P. O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 April 1

SCHEDULE ‘A’ Lloyd T.

Burton and Marion Burton Twillingate, NL All that piece or parcel of land situate and being at Twillingate in the Electoral District of Twillingate & Fogo abutted and bounded as follows, that is to say: Beginning at a point in the northwesterly limit of the Main Road, twenty meters wide, the said point having Three Degree MTM Coordinates of north 5 503 642.134 meters and east 393 008.583 meters and being distant forty-two decimal five four seven meters as measured on a bearing of north twenty-eight degrees eleven minutes zero zero seconds west from Control Monument No. 76G2355, thence running by land of Jack Maye north fifty degrees forty-one minutes thirty-nine seconds we st twenty-six decimal nine seven three meters, thence sout h seventy degrees fifty-nine minutes twenty-one seconds we st sixty-four decimal six one eight meters, thence running by land of Blanche Bridger or Assigns south sixt y-five degrees thirty-six minutes zero one seconds west forty-one decimal nine six one meters, thence running by Crown Land north forty degrees thirty-eight minutes fifty-four seconds west ninety- four decimal eight three three meters, thence north forty- five degrees zero four minutes zero one seconds east eighty-one decimal eight three four meters, thence south seventy-four degrees thirty-one minutes fifty-nine seconds east eighty-seven decimal nine six eight meters, thence south twenty-eight degrees thir ty-three minutes fifty-nine seconds east eighty-four deci mal zero seven five meters, thence running along the aforesaid northwesterly limit of the Main Road, twenty meters wide, south zero four degrees fifty-six minutes thirty-one seconds west eleven decimal one nine five meters, mo re or less, to the point of beginning and being more particularly shown and delineated on the attached plan, the above described piece or parcel of land being subject to a poleline easement, 5.4 meters wide, extending through the said property, the above described piece or parcel of land containing an area of 1.373 hectares, more or less, all bearings and coordinates being referenced to the Th ree Degree MTM Projection System, NAD-83, zone 2, with the Central Me ridian being 56 degrees.

THE NEWFOUNDLAND AND LABRADOR April 1, 2005 166

THE NEWFOUNDLAND AND LABRADOR April 1, 2005 167 2005 01 T 2084 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF an application of Gordon Dooley, John Dooley and Gerald Dooley of Mount Pearl in the Province of Newfoundland and La brador, Retired Farmers, and Carol Dooley of Mount Pearl aforesaid, wife of Gerald Dooley aforesaid AND IN THE MATTER OF the Quieting of Titles Act, cQ-3 of the Revised Statutes of Newfoundland and Labrador, 1990 AND IN THE MATTER OF ALL THAT piece or parcel of land situate and being at Kenmount Hill, Mount Pearl in the Province of Newfoundland and Labrador NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT ,

CHAPTER Q-3 OF THE REVISED STATUTES OF NEWFOUNDLAND AND LABRADOR, 1990 NOTICE is hereby given to all parties that Gordon Dooley, John Dooley and Gerald Dooley of Mount Pearl in the Province of Newfoundland and La brador, Retired Farmers, and Carol Dooley of Mount Pearl aforesaid, wife of Gerald Dooley aforesaid have applied to the Supreme Court of Newfoundland and Labrador, to have the title to ALL THAT piece or parcel of land situate and being at Kenmount Hill, M ount Pearl in the Province of Newfoundland and Labrador, Ca nada more particularly described in

schedule “A” and shown on plan “B” hereto annexed, of which the said Gordon Dooley, John Dooley and Gerald Dooley of Mount Pearl in the Province of Newfoundland and Labrador, Re tired Farmers and Carol Dooley of Mount Pearl aforesaid, wife of Gerald Dooley aforesaid claim to be the owners, investigated and they request a Declaration that Gordon Dooley, John Dooley, and Gerald Dooley of Mount Pearl in the Province of Newfoundland and Labrador, Retir ed Farmers, and Gerald Dooley of Mount Pearl aforesaid, wife of Gerald Dooley are the absolute owners in fee simple in possession of the said lands and the said Gordon Dooley, John Dooley and Gerald Dooley of Mount Pearl in the Province of Newfoundland and Labrador, Retired Farmers, and Carol Dooley of Mount Pearl aforesaid, wife of Gerald Dooley have been ordered to publis h Notice of Application as required by the above named Act.

All persons having title adverse to the said title claim of Gordon Dooley, John Dooley and Gerald Dooley of Mount Pearl in the Province of Newfoundland and Labrador, Retired Farmers, and Carol Dooley of Mount Pearl aforesaid, shall file in the Registry of the Supreme Court of Newfoundland and Labrador

part iculars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned Solicitor for the Petitioners on or before May 6, 2005, after which date no party having any claim shall be permitted to file the same or 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 then be investigated in such manner as the Court may direct. DATED AT St. John’s, Newfoundland and Labrador this 23rd day of March, 2005. J. DAVID B. BAIRD, Q.C Solicitor for the Petitioners ADDRESS FOR SERVICE; Suite 706, TD Place 140 Water Street, P. O. Box 665 St. John’s, NL A1C 5L4 April 1

SCHEDULE ‘A’ Property of John Dooley, Gordon Dooley, Gerald Dooley & Carol Dooley Kenmount Hill, Mount Pearl, NL ALL THAT piece or parcel of land, situate and being on the northern side of an abandoned Railway Right of Way (20.12 metres wide), Kenmount Hill, in the City of Mount Pearl, in the Province of Newfoundland and Labrador, Canada, and being bounded and abutted as follows: THAT IS TO SAY, beginning at a point on the northern side of an abandoned Railway Right of Way, said point having coordinates N 5 265 341.734 metres and E 320 517.316 metres of the Three Degree Modified Transverse Mercator Projection NAD – 83 for the Province of Newfoundland and Labrador, THENCE along the northern side of an abandoned Railway Right of Way S 60º 27’ 02”W for a distance of 69.690 metes, TH ENCE S 62º 55’ 57” W for a distance of 52.276 metres, THENCE S 66º 01’ 49” W for a distance of 69.690 metres, THENCE S74º 36’ 04” W for a distance of 58.025 metres, THENCE by property of Cosmos V.

Ho, Paul Ho and Jose Ho N 24º 04’ 08” W for a distance of 73.218 metres, THENCE N 01º 40’ 08” W for a distance of 1025.255 metres, THENCE by property now or formerly the Butler Estate S 34º 29’ 08” E for a distance of 90.160 metres, THENCE N 45º 31’ 52” E for a distance of 165.202 metres, THENCE N 34º 29’ 08” E for a distance of 114.020 metres. THENCE by property of Frances McKinlay and by property of Canadian Government Railways S 03º 45’ 14”W for a distance of 274.164 metres.

THENCE by property of Frances McKinlay S03º 51’ 29”W for a distance of 207.210 metres, THENCE S 03º 52’ 41” E for a distance of 240.908 metres. THENCE S 04º 45’ 54” E for a distance of 71.659 metres, THENCE S 25º 25’ 39” E for a distance of 100.477 metres, THENCE S 30º 36’ 02” E for a distance of 56.959 metres, more or less, to the point of beginning and containing an area of 21.726 hectares, more or less. Which land is more particularly shown on the plan hereto attached. All bearings being referred to the above mentioned projection. All linear measurements are horizontal ground distances.

This description and accompanying plan, Job # 7043 of Brown and Way Surveys, form an integral part of the returns and are not separable.

THE NEWFOUNDLAND AND LABRADOR April 1, 2005 168

THE NEWFOUNDLAND AND LABRADOR April 1, 2005 169 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 Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ANDREW JOSEPH MCCARTHY of 582 Southside Road, St. John’s, A1C 1A5, in the Province of Newfoundland and Labrador, as follows: To change my name from ANDREW JOSEPH MCCARTHY to ANDREW JOSEPH MCYER DATED this 24th day of March, 2005.

ANDREW MCCARTHY (Signature of Applicant) April 1 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:- LEON LOCKYER of 582 Southside Road, St. John’s, A1E 1A5 in the Province of Newfoundland and Labrador, as follows: To change my name from LEON LOCKYER to IAN LEON MCYER DATED this 24th day of March, 2005.

LEON LOCKYER (Signature of Applicant) April 1 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:- DORIS BUTLER of 256 Bauline Line, Portugal Cove, A1M 2V5, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from ANTHONY DEAN BUTLER to ANTHONY DEAN FOLEY DATED this 23rd day of March, 2005.

DORIS BUTLER (Signature of Applicant) April 1 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:- JOCELYN CYNTHIA COLLEY of 31-C Smallwood Drive, Grand Falls-Windsor, A2B 1G5, in the Province of Newfoundland and Labrador, as follows: To change my name from JOCELYN CYNTHIA COLLEY to JOCELYN CYNTHIA BROOKS DATED this 18th day of March, 2005. JOCELYN COLLEY (Signature of Applicant) April 1 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 80 ST. JOHN’S, FRIDAY, APRIL 1, 2005 No. 13 NEWFOUNDLAND AND LABRADOR REGULATION NLR 28/05

The Newfoundland and Labrador Gazette April 1, 2005 147 NEWFOUNDLAND AND LABRADOR REGULATION 28/05 Workplace Health, Safety and Compensation Regulations (Amendment) under the Workplace Health, Safety and Compensation Act (O.C. 2005-098) (Filed March 30, 2005) Under the authority of

section 123 of the Workplace Health, Safety and Compensation Act, the Workplace Health, Safety and Com- pensation Commission, with the approval of the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, March 29, 2005. Tim Murphy Deputy Clerk of the Executive Council Joan Cleary Chairperson Workplace Health, Safety and Compensation Commission

Workplace Health, Safety and Compensation Regulations (Amendment) 28/05 The Newfoundland and Labrador Gazette April 1, 2005 148 REGULATIONS Analysis 1. S.28.1 Added Alternative assessment pay- ment arrangement 2. Commencement 1. The Workplace Health, Safety and Compensation Regulations are amended by adding immediately after

section 28 the following: 28.1

(1) Notwithstanding

section 28, an employer (

a) whose total assessment for the immediately preceding year was less than $54,000; (

b) who enters into the arrangement that the commission may require to pay his or her asse ssment for the current year in equal monthly instalments on the first day of the month be- tween April and October; and (

c) who makes the payments in the manner and at the time re- quired by the arrangement referred to in paragraph (

b) is not liable to the penalty required by that section.

(2) Where, during the year, the assessment due and payable by an employer for the current year changes, the amount payable under the arrangement entered into by the employer with the commission under subsection (1) shall be adjusted as required and the employer shall pay the balance of the asse ssment for the year, as adjusted, in equal monthly instalments beginning on the first day of the month immedi- ately following the assessment adjust ment and ending on the first day of October.

(3) Where an employer, who ha s entered into an arrangement with the commission under subsection (1), defaults in making a pay- ment, in the amount or manner or at the time required under his or her arrangement with the commission,

section 28 applies to the amount in default. 2. These regulations come in to force on April 1, 2005. ©Earl G. Tucker, Queen's Printer CNLR 1025/96 as amended Alternate assess- ment payment arrangement Commencement

THE NEWFOUNDLAND AND LABRADOR April 1, 2005 149 Index

PART I Change of Name Act – Applications ............................................................................................. .............................................. 169 Criminal Code of Canada – Notice .............................................................................................. ................................................ 163 Lands Act – Notices ........................................................................................................... .......................................................... 164 Quieting of Titles Act – Notices .............................................................................................. .................................................... 165 Trustee Act – Notices ......................................................................................................... ......................................................... 163 Urban and Rural Planning Act – Notice ......................................................................................... ............................................. 163

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. Workplace Health, Safety and Compensation Act Workplace Health, Safety and NLR 28/05 CNLR 1025/96 April 1/05, p. 147 Compensation Regulations (Amdt) S. 28.1 Added

THE NEWFOUNDLAND AND LABRADOR April 1, 2005 150 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: TUwww.gov.nl.ca/queensprinterUT 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.