Newfoundland and Labrador Gazette, Part I — 12 July 2002, Vol. 77, No. 28 — The Mineral Act Notice; Municipalities Act Notice

NLG 2002-07-12

Newfoundland and Labrador — Gazette

335 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 77 ST. JOHN'S, FRIDAY, JULY 12, 2002 No. 28 THE MINERAL ACT NOTICE Published in accordance with regulation 62 of the Mineral Regulations.

Mineral rights to the following mineral licences have reverted to the Crown: Mineral Licence 5566M held by British Canadian Mines Ltd. situate near Coachmans Harbour, Baie Verte on map sheet 12I/ 1 Mineral Licence 5719M held by Bookend Resources Inc. situate near Milan Arm, Northern Peninsula on map sheet 2M/12 Mineral Licence 6041M held by First Labrador Acquisitions situate near Davis Cove, Burin Peninsula on map sheet 1M/ 9 Mineral Licence 6720M held by Robert Noseworthy and Terry Tyne situate near Okak Bay on map sheet 14E/ 9 Mineral Licence 7362M held by Charles Dearin situate near Round Pond, Central Nfld on map sheet 12H/ 9 Mineral Licence 7363M held by John Tuach situate near Ossokmanuan Lake on map sheet 23H/ 6 Mineral Licence 7857M held by Newfoundland Barite Limited situate near Long Cove, Avalon Peninsula on map sheet 1N/12 Mineral Licence 7932M h e l d b y Newfoundland Mining & Exploration Ltd. situate near Red Indian Lake, Central Nfld on map sheet 12A/15 Mineral Licence 7935M, 7936M held by Denis F.

Walsh situate near Dawes Pond, Central Nfld on map sheet 12H/ 1 Mineral Licence 7937M held by Alexander T. Stares situate near Meelpaeg Lake, Central Nfld on map sheet 12A/ 7

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 12, 2002 336 Mineral Licence 7950M held by Peter M. Dimmell situate near Tally Pond, Central Nfld on map sheet 12A/ 9 Mineral Licence 7951M held by Barry Sparkes situate near Content Reach, Eastern Nfld on map sheet 2C/13, 2C/14 Mineral Licence 7952M held by Kevin D.

Keats situate near Meelpaeg Lake, Central Nfld on map sheet 12A/ 7 Mineral Licence 7958M held by Lai Lai Chan situate near Rocky Pond, Central Nfld on map sheet 12H/ 8 Mineral Licence 7959M held by Marshall Collins situate near Copper Island, Fogo East on map sheet 2F/12 Mineral Licence 7955M held by Roland Quinlan situate near Gulp Pond, Central Nfld on map sheet 12A/ 8 Mineral Licence 7956M held by Alexander J.

Turpin situate near Sops Arm, Central Nfld on map sheet 2E/ 5 Mineral Licence 7957M, 7960M, 7961M held by Altius Resources Inc. situate near Lake Michael on map sheet 13J/ 9 Mineral Licence 7964M held by Larry Quinlan situate near Moretons Harbour, Central Nfld on map sheet 2E/10 A portion of licence 5668M held by GT Exploration Ltd situate near Clench Brook, Central Nfld on map sheet 12A/15 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 5703M held by Bookend Resources Inc. situate near Carpon Cove, Northern Peninsula on map sheet 2M/12 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 5711M held by Bookend Resources Inc. situate near Milan Pt, Northern Peninsula on map sheet 2M/12 more particularly described in an application on file at Dept. of Mines and Energy Mineral Holdings Quarry Leases 1 and 79 (shale and clay) held by Trinity Brick Products Limited situate near Milton on map sheet 2C/4 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidat ed Newfoundland Regulations 1143/96 and Ne wfoundland Re gulation 71/98, 104/98, 97/2000 and 36/2001 and outlined on 1:50 000 scale maps maintained by the Department of Mines and Energy, 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 Mineral Claims Recorder 774: 2401; 2782; 2856; 2861; 2866; 3059; 3461; 3841; 3842; 4156; 4212; 4214; 4215; 4217; 4218; 4219; 4220; 4221; 4222; 4223; 4224; 4227 772: 01 July 12 MUNICIPALITIES ACT NOTICE The following regulations have been made by the Town Council of Grand Falls-Windsor under the provisions of

Section 414(1) of the Municipalities Act, 1999 cM24. Animal Control Regulations 1. These Regulations shall be known and cited as the Town of Grand Falls-Windsor Animal Control Regulations.

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 12, 2002 337 2.

In these Regulations the following words, unless the context otherwise requires, shall have the following meanings: (a) "Act" means the Municipalities Act, 1999 cM24. (b) "Animal" means any animal, not excluding cat or dog. (c) "Animal Pound" means a facility operated by or on behalf of the Town for the keeping and disposition of animals. (d) "Cat" means a member of any breed of domesticated feline or crossbreed of domesticated feline whether spayed or neutered. (e) "Council" means the Town Council of the Town of Grand Falls-Windsor. (f) "Dog" means a male or female dog or pup and includes an animal which is a crossbreed between a dog and a wolf. (g) "Municipal Enforcement Officer" means a peace officer with powers granted under

Section 179 of the Act. (h) "Impounder" means a person authorized by the council to impound any animal which is without an owner, is not in the company of an owner, or any animal of which the owner has violated any provisions of these regulations. (i) "Injured" and "Injury" include, but are not limited to, injuries caused by wounding, worrying, or pursuing. (j) "Kennel" means an establishment for the keeping, breeding or boarding of dogs. (k) "Live Trap" means a cage like device, approved by the S.P.C.A., used in the capture of cats, without injury to the animal. (l) "Owner" means a person who owns, harbors, has custody or has possession of an animal or a person who has charge of a house or premises or part of a premises where an animal is kept or permitted to live or remain. (m)"Premises" means any property within the town. (n) "Town" means the Town of Grand Falls-Windsor. (o) "Town Clerk" means the Town Clerk of the Town of Grand Falls-Windsor. (p) "Running at Large" means to be; (

i) in a public place (ii) on premises not owned by or in the possession of the owner of the animal. 3. No person being an owner shall keep an animal within the Town limits unless a licence has been issued by Council for such animal and unless such animal bears a numbered tag or plate indicating that such licence is valid. 4. (

a) Every licence issued by Council shall have no expiry date and shall be non-transferable. (

b) The fee for a licence shall be: (i) $10.00 - for a neutered or spayed dog. (ii) $30.00 - for an unneutered or an unspayed dog. (iii) $10.00 - for a neutered or spayed cat. (iv) $20.00 - for an unneutered or unspayed cat. (v) $50.00 - for a breeding licence (vi) $50.00 - for a licence to operate a kennel 5. No person shall breed animals unless a licence has been issued by Council. This licence must be renewed each time the animal is bred. 6.

No person shall operate a kennel or carry on any business or institution for boa rding, keeping, training or treating animals unless permission for such operation is granted by Council. 7. If an animal while not in the company of its owner, or a member of its owners household, is found in any public place or any private property without the consent of the property owner, occupant or person having control of such property, the owner of such animal, as well as the person who caused the animal to be in such a place, shall be deemed to have committed an offence in terms of these Regulations. 8.

Any animal found at large in the Town contrary to these Regulations, may be humanely destroyed by the impounder at the expiration of two days after the time of impounding.

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 12, 2002 338 9. If any animal shall bark or howl in such a manner as to disturb the peace, or to constitute an annoyance to residents in the neighbourhood, such animal shall be deemed to be a nuisance and the owner thereof shall be deemed to have committed an offence in terms of these Regulations. 10.

If any animal shall cause damage to any lawn, grass plot, garden or flower bed, or flower, shrub or plant or if an animal causes garbage placed for collection to be disturbed, such animal shall be deemed to be a nuisance and the owner thereof shall be deemed to have committed an offence in terms of these Regulations. 11. If an animal shall bite an y person other than its owner, or a member of its owner's household and while not in the owner's premises, such animal shall be deemed to be a nuisance and the owner thereof shall be deemed to have committed an offence in terms of these Regulations. 12. Any court of

summary jurisdiction may take cognizance of a complaint that an animal is dangerous and not kept under proper control or has bitten or attempted to bite any person and if it appears to the court that the animal is dangerous or has done any of the things referred to herein, the court may order the owner of the animal to destroy it. 13. Any person authorized to destroy an animal under these Regulations may destroy it or may complain to a Provincial Court Judge, who, upon verification of the authorization, may make an order directing the owner of the animal to destroy it. 14.

The owner of an animal w ho fails to comply with an order made under regulation 12 or regulation 13, shall be deemed to have committed an offence in terms of these Regulations. 15.

Whenever an animal is found, in any public place or on any private property without the consent of the property owner, occupant or person having control of such private property, or without a tag or plate as required by regulation 2 or is not accompanied as required by regulation 6 or is not held securely on a leash by a person capable of restraining its movements or is not confined to private property, the impounder shall and any person may cause the dog to be impounded. 16. (

a) No person shall keep an animal in the Town, unless the animal is safely tethered or penned up at all times or kept securely on a leash by a person capable of restraining its movements. (

b) An animal which is tethered or penned up pursuant to these regulations shall be tethered or penned up in a manner which may not be regarded as imposing undue hardship or cruelty to the animal. 17. (

a) When an animal which bears a numbered tag or plate, as required by these regulations, has been impounded, the impounder shall, if possible, give notice thereof to the licensee or owner of the animal if the name and address of such persons are know to him, and if the animal has not been redeemed by or on behalf of the licensee or owner within two (2) days after the dispatch of such notice, or where no notice has been given, after the time of impounding, the impounder shall cause the dog to be disposed of or humanely destroyed; (

b) The fee which shall be paid to the impounder for the redemption of an impounded animal shall be $50.00 ©) When an animal which does not bear a numbered tag or plate, as required by these regulations, has been impounded, the impounder shall cause the animal to be disposed of or humanely destroyed at the expiration of forty-eight (48) hours after the time of impounding. (

d) Where, in the sole discretion of the impounder, the animal liable to be impounded, appears to be vicious, dangerous, diseased or otherwise unfit for impounding, the impounder may cause the animal to be disposed of or humanely destroyed forthwith; (

e) Upon payment of the impounding fee and of the licence fee described where an animal is not licenced, the impounder may release any animal which fails to be disposed of or destroyed, to any person requesting such animal and the ownership of such animal shall then vest in the person to whom it is released and the former owner shall have no right or claim to such animal. (

f) When an animal for which Council refuses to issue a licence or permit to be kept within the Town, is found to be kept within the Town, the owner of such animal is deemed to have committed an offence and the impounder shall impound the animal. (

g) If an animal for which the Council refuses to issue a licence or permit to be kept in the Town is found at large, it shall be the duty of the impounder to seize and impound such animal and to enter any premises for the purpose of recapturing such animal which may escape from his control.

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 12, 2002 339 18. The following fees shall be paid by the owners of animals seized or impounded because Council refused to issue a licence or permit to be kept within the town. (

a) for seizing or impounding of an animal.............................$100.00 (

b) for each day during which an animal is impounded............$20.00

c) plus all actual expenses for necessary food and veterinarian treatment for the animal. 19. No person except a Council employee may enter an impounding area without permission from Council. 20. Any person found to tease an animal caught in a trap or throwing or poking any object into the trap when an animal is caught therein, is guilty of an offence and upon conviction shall be liable for a fine of $1,000.00 21. Any person who removes an animal from an impound without having first paid the fees required by these regulations commits an offence. 22. (

a) Any person who interferes with or attempts to interfere with a Municipal Enforcement officer of Animal Control officer or S.P.C.A. representative in the exercise of their duties, shall be deemed to have committed an offence in terms of these regulations. (

b) Any person who, without authority of a Municipal Enforcement officer or Animal Control officer of S.P.C.A. representative, releases any animal which has been impounded, shall be deemed to have committed an offence in terms of these regulations.

c) Every person requested by a Municipal Enforcement officer or Animal Control officer or S.P.C.A. representative, shall forthwith give his or her proper name and address. 23. Any person who violates the provisions of regulation 12 of these regulations shall be liable to a minimum fine of $150.00 or a maximum fine of $300.00 for each and subsequent fines. 24. Any person who violates any provision of these regulations is guilty of an offence and shall be liable on

summary conviction to a penalty as prescribed by these regulations. 25. Any person who violates any provision of these regulations for which a penalty is not specifically provided, shall be guilty of an offence and be liable upon conviction to a minimum fine of $25.00 or a maximum fine of $300.00 for a first offence, or a minimum fine of $75.00 or a maximum fine of $500.00 for a second and each subsequent offence. 26. Prosecution under these regulations may be taken summarily by any Police Officer, including a Municipal Enforcement Officer. 27.

The Town of Grand Falls-Windsor Dog Regulations and Cat Regulations and Impounding of Animals Regulations are hereby repealed. 28. These Regulations came into effect on the 15th day of June, 2002. Mayor Town Manager/Clerk Approved at Meeting #237 on June 4th, 2002. July 12 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF PORTUGAL COVE-ST. PHILIPS MUNICIPAL PLAN AMENDMENT NO. 3, 2002, and DEVELOPMENT REGULATIONS AMENDMENT NO. 4, 2002 Take notice that the Town of Portugal Cove-St.

Philips Municipal Plan Amendment No. 3, 2002 and Development Regulations Amendment No. 4, 2002 adopted on the 26 th day of February, 2002, and approved on the 10 th day of June, 2002, as been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpose of the Municipal Plan Amendment No. 3, 2002, is to add a Residential Coastal Policy to the Municipal Plan and add a Residential Coastal Use Zone Table to the Development Regulations. The Amendments will also re-zone land located on the west side of the shoreline, St. Philips near Goat Cove and St.

Philips Harbour, to allow for the Residential Coastal development. The Town of Portugal Cove-St. Philips Municipal Plan Amendment No. 3, 2002 and Development Regulations Amendment No. 4, 2002, comes 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 Town

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 12, 2002 340 of Portugal Cove-St. Philips Municipal Plan Amendment No. 3, 2002 and Development Regulations Amendment No. 4, 2002, may do so at the Town Office, Portugal Cove-St. Philips during normal working hours.

July 12 NOTICE OF REGISTRATION CITY OF MOUNT PEARL DEVELOPMENT REGULATIONS AMENDMENT NO. 117, 2002 TAKE NOTICE that the City of Mount Pearl Development Regulations Amendment Number 117, 2002, adopted by Council on the 11th day of June, 2002, and approved (as amended) on the 11th day of June, 2002, has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpose of Development Regulations Amendment Number 117, 2002 is to amend the text of Condition 7 of the Industrial - Light (LI) use zone, which pertains to satellite dishes.

The Mount Pearl Development Regulations Amendment Number 117, 2002 comes 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 Mount Pearl Development Regulations Number 117, 2002 may do so at the Mount Pearl City Hall, 3 Centennial Street during normal working hours. July 12 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that Bryants Cove Improvment Committee of Bryants Cove, Newfoundland and Labrador intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) of the said Act, all that piece or parcel of Crown Land situated within fifteen metres of the waters of Bryants Cove in the Electoral District of Port de Grave, Newfoundland and Labrador, for the purpose of construction of a launch-way and being more particularly described as follows: Bounded on the North by Church Road for a distance of 50 m; Bounded on the East by Morgan’s Point for a distance of 100 m; Bounded on the South by River running from Bryant’s Cove Pond for a distance of 80 m; Bounded on the West by Main Road (the Gut) for a distance of 50 m; and containing an area of approximately 26,000 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this notice, with reasons for it, to the Minister of Government Services and Lands, c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, Newfoundland & Labrador, NF A1B 4J6. For further information regarding the proposed application, please contact Mr. Lloyd James (709) 596-7362. July 12 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Clifford Cecil Bennett, late of the Town of St.

George’s, in the Province of Newfoundland and Labrador, Pensioner, Widower, deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Clifford Cecil Bennett, late of the Town of St.

George’s, 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 Executors of the Estate on or before the 10 th day of August, 2002, after which date the said Executors 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, this 6 th day of July 2002. MARIE MARCHE-WHITE Solicitor for the Executor ADDRESS FOR SERVICE: P. O. Box 272 43 Main Street Stephenville, NF A2N 2Z4 July 12

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 12, 2002 341 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- BJOERN CLEMENS SEELHORST of P.O. Box 68, Stn. A, Goose Bay, A0P 1S0, in the Province of Newfoundland and Labrador, as follows: To change my name from BJOERN CLEMENS SEELHORST to BJOERN CLEMENS BROADERS DATED this 25th day of June, 2002.

BJOERN CLEMENS SEELHORST (Signature of Applicant) July 12 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- AMANDA DANIELLE RYAN of 26A Gorman Ave., Kilbride, A1G 1E6, in the Province of Newfoundland and Labrador, as follows: To change my name from AMANDA DANIELLE RYAN to AMANDA DANIELLE ST. CROIX DATED this 4th day of July, 2002.

AMANDA RYAN (Signature of Applicant) July 12 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ELLA MARIE DOWNEY of P.O. Box 306, Port au Choix, A0K 4C0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JUSTIN JOSEPH JUDE DOWNEY to JUSTIN JOSEPH JUDE CORNICK DATED this 2nd day of July, 2002. ELLA DOWNEY (Signature of Applicant) July 12

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 76 ST. JOHN'S, FRIDAY, JULY 12, 2002 No. 28 NEWFOUNDLAND AND LABRADOR REGULATIONS 51/02 52/02 53/02 54/02

The Newfoundland and Labrador Gazette July 12, 2002 365 NEWFOUNDLAND AND LABRADOR REGULATION 51/02 Prisons Regulations (Amendment) under the Prisons Act (O.C. 2002-241) (Filed July 9, 2002) Under the authority of

section 9 of the Prisons Act, the Lieuten- ant-Governor in Council makes the following regulations. Dated at St. John’s, June 27, 2002. Tim Murphy Deputy Clerk of the Executive Council (Acting) REGULATION Analysis 1. S.7.1 Added Certain conduct an offence 1.T h e Prisons Regulations are amended by adding immedi- ately after

section 7 the following: 7.1

(1) An officer shall not, (

a) except where approved by the superintendent or assistant superintendent, while off duty wear a uniform or other arti- cle of clothing or other equipment issued by the penitentiary; CNLR 993/96 as amended Certain conduct an offence

Prisons Regulations (Amendment) 51/02 The Newfoundland and Labrador Gazette July 12, 2002 366 (

b) affix to a uniform a symbol of protest including a pin, but- ton, or other insignia, not part of a uniform; or (

c) affix a symbol of protest to a vehicle or other item of equip- ment that is issued to him or her or under his or her control or operate a vehicle or other item of equipment to which a symbol of protest is affixed.

(2) An officer who fails to comply with or otherwise contra- venes subsection (1) is guilty of an offence.

(3) Where, following an investigation, the superintendent or as- sistant superintendent is satisfied that an officer has committed an of- fence contrary to subsection (2), he or she may be convicted by the su- perintendent or assistant superintendent who may impose one or more of the penalties specified in

section 16.

(4) Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, except subsection 16(1), and

section 18 do not apply to an offence under this section.

(5) An officer convicted of an offence under this

section may, within 30 days from the date of the conviction, appeal to a Provincial Court judge who may allow the appeal and quash the conviction or up- hold the conviction or increase or re duce a penalty imposed by the su- perintendent or assistant superintendent.

(6) Before imposing a penalty referred to in

section 16, the su- perintendent or assistant superintendent shall take into account the rele- vant circumstances surrounding the offence as well as the service rec- ord and prior conduct of that officer. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette 367 July 12, 2002 NEWFOUNDLAND AND LABRADOR REGULATION 52/02 Cutting of Timber Regulations (Amendment) under the Forestry Act (O.C. 2002-238) (Filed July 9, 2002) Under the authority of sections 38 and 155 of the Forestry Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 3, 2002. Tim Murphy Deputy Clerk of the Executive Council (Acting) REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.3 Amdt. Prohibition 3. Ss.3.1, 3.2 and 3.3 Added 3.1 Load slip 3.2 Load slip administration 3.3 Employer and employee duties 4. S.6 Amdt. Legally obtained timber 5. S.36 Amdt. Offence and penalty 1.

(1) Section 2 of the Cutting of Timber Regulations is amended by adding immediately after paragraph (

c) the following (c.1) "commercial timber" means timber, excluding wood chips and timber slabbed on one or more sides, that is cut for sale or barter; CNLR 1108/96 as amended

Cutting of Timber Regulations (Amendment) 52/02 The Newfoundland and Labrador Gazette 368 July 12, 2002

(2) Section 2 of the regulations is amended by adding immediately after paragraph (

j) the following: (j.1) "highway" means a place or way, including a structure forming a part of the place or way, designed and intended for use by the public for the passage of traffic and includes all the space between the boundary lines of the place or way and forest access roads;

(3) Section 2 of the regulations is amended by adding immediately after paragraph (

k) the following (k.1) "load slip" means a written load slip document as described in

section 3.1;

(4) Section 2 of the regulations is amended (

a) at paragraph (r), by deleting the word "and"; (

b) by deleting the period at the end of paragraph (

s) and substituting a semi colon and the word "and"; and (

c) by adding immediately after paragraph (

s) the following: (t) "vehicle" means a device in, upon or in which a person, property or timber may be transported or drawn over a highway, land, water, snow, ice, marsh, swampland and other natural terrain and includ es aircraft and air cushioned devices;

Section 3 of the regulations is amended by adding immediately after subsection (3) the following:

(4) A person shall not operate a vehicle on a highway in the province that carries a full or partial load of commercial timber without having in his or her possession a load slip that relates to that timber. 3. The regulations are amended by adding immediately after

section 3 the following: 3.1

(1) The minister shall establish the form and content required for a load slip in the province and the manner in which a load slip is to be carried and produced for inspection with respect to the timber to which it relates. Load slip

Cutting of Timber Regulations (Amendment) 52/02 The Newfoundland and Labrador Gazette 369 July 12, 2002

(2) A person who carries a load slip in accordance with subsection 3(4) that does not contain the information required under these regulations is guilty of an offence.

(3) Where a forestry official or other person who may carry out the enforcement of these regulations inspects a load slip and determines that the load slip is incorrectly completed, he or she shall require that the correct required information be pr ovided on that load slip and that load slip shall not be considered to be in compliance with these regulations until approved by that forestry official or other person.

(4) The operator of a vehicle carrying commercial timber upon a highway shall, upon the request of a forestry official or other person who may carry out the enforcement of these regulations, produce the load slip applicable to that timber.

(5) A person required to produce a load slip under this

section or who is inspected under these regula tions shall provide all reasonable assistance to the forestry official or other person who requires that production or inspection.

(6) The operator of a vehicle carrying commercial timber upon a highway shall ensure that a properly completed load slip relating to that timber is delivered to the person in charge of the place to which that timber is to be delivered.

(7) A forestry official may estab lish a forestry check station for the purpose of inspecting load slips, cutting permits and timber carried on vehicles to ensure compliance with the Act and these regulations and the operator of a vehicle that is carrying timber shall stop at a forestry check station when directed to do so by a forestry official or by a sign posted by a forestry official. 3.2

(1) The minister or forestry officials may issue load slips to persons for distribution and use in accordance with these regulations.

(2) A person who has been issued load slips under subsection (1) may distribute those load slips to his or her agent and that agent shall comply with these regulations as if he or she had been issued the load slips under that subsection.

(3) A person or agent who has been issued load slips under subsection (1) or (2) shall Load slip administration

Cutting of Timber Regulations (Amendment) 52/02 The Newfoundland and Labrador Gazette 370 July 12, 2002 (

a) issue those load slips to those persons who require them in order to comply with these regulations; (

b) require identification satisfactory to him or her from the person receiving those load slips; (

c) maintain, in a manner that is satisfactory to the minister, a record of the load slips issued by him or her; (

d) when completed, return all load slips to the forestry office that issued them; (

e) at the request of the minister or a forestry official, return all load slips, whether or not completed; (

f) account for all load slips that are missing or cancelled; and (

g) return all load slips, whether used or unused, to the forestry office that issued them not later than April 30 of each year. 3.3

(1) A person who receives load slips under

section 3.2 may distribute those load slips to their agents or employees for use for the purposes of their employment.

(2) Where a vehicle carrying comm ercial timber to which a load slip applies changes operators, the new operator shall sign and date that load slip and upon signing, the responsibility for that timber passes to the new operator.

(3) Where timber to which a load slip applies is transferred from one vehicle to another, the change of vehicle shall be recorded by recording on that load slip the identification plate numbers and letters of the vehicle to which that timber was transferred.

(4) A person who receives comm ercial timber that has been moved over a highway in the province (

a) shall not accept that timber wit hout a load slip that applies to that timber; and (

b) shall remit completed load s lips received by him or her to the forestry office from which they were issued on or before the 20 th of the month following the month in which that commercial timber was received. Employer and employee duties

Cutting of Timber Regulations (Amendment) 52/02 The Newfoundland and Labrador Gazette 371 July 12, 2002 (5) Subsection (4) does not ap ply to a person who receives timber for personal domestic use. 4. Paragraph 6(1)(

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

b) from private land by (

i) providing proof of that person’s ownership of that land, or (ii) providing proof of the ownership of that land as well as written proof of the permission from the owner of that land for that person to obtain that timber; or

Section 36 of the regulations is amended by (

a) renumbering it as subsection 36(1); and (

b) deleting the words and figures "section 3, 8, 12 or 13" and substituting the words and figures "subsection 3(1), (2), (3),

section 8, 12 or 13"; and (

c) adding immediately after that subsection the following:

(2) Where a person contravenes subsection 3(4) or

section 3.1, 3.2 or 3.3 of these regulations, that person is guilty of an offence and liable on

summary conviction (

a) where the summons is issued by means of a violation ticket and for a first offence, to a fine of not less than $500; and (

b) where the summons is for a subsequent offence and is not issued by means of a violation ticket, to a minimum fine of $1000 or to not more than 3 months imprisonment. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette 373 July 12, 2002 NEWFOUNDLAND AND LABRADOR REGULATION 53/02 Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Exemption Order, 2002 under the Electrical Power Control Act, 1994 and the Public Utilities Act (O.C. 2002 - 242) (O.C. 2002 - 243) (Filed July 9, 2002) Under the authority of

section 5.2 of the Electrical Power Control Act, 1994 and

section 4.1 of the Public Utilities Act , the Lieutenant Governor in Council makes the following Order. Dated at St. John’s, July 9, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2. Definition 3. Exemption 4. Repeal 1. This order may be cited as the Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Exemption Order, 2002. 2. In this order

Short title Definition

Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Exemption Order, 2002 53/02 The Newfoundland and Labrador Gazette July 12, 2002 374 (a) "Abitibi" means Abitibi-Consolidated Inc., Abitibi- Consolidated, General Partners hip, or Abitibi-Consolidated Company of Canada, as the context may require; (b) "Abitibi partner" includes any partner, co-venturer or owner- ship participant with Abitibi; and (c) "Abitibi threshold" means the Abitibi threshold as defined in the Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, 2002. 3.

(1) Newfoundland and Labrador Hydro is exempt from the ap- plication of the Electrical Power Control Act, 1994 and the Public Utilities Act for all aspects of its activities pertaining to the purchase, from Abitibi or any partnership, joint venture or unincorporated co- owner entity formed by Abitibi and any Abitibi partner, of electrical power and energy above the Abitibi threshold that is available from Abitibi's generating facilities at Bishop's Falls and Grand Falls follow- ing commencement of a 27 megawatt project at Grand Falls and a 4 megawatt upgrading at Bishop's Falls.

(2) The activities referred to in subsection (1) include (

a) planning and engineering ne w electrical power and energy generation and supply; (

b) negotiating and executing all contracts necessary or inci- dental to any activity described in this exemption; and (

c) acquiring and paying from its operating account, to be re- covered through its rates, all amounts to be paid for the sup- ply of this electrical power and energy under those contracts. 4.T h e Newfoundland and Labrador Hydro-Abitibi Consolidated Inc. Exemption Order , Newfoundland and Labrador Regulation 94/00, is repealed. ©Earl G. Tucker, Queen's Printer Exemption Repeal

The Newfoundland and Labrador Gazette 375 July 12, 2002 NEWFOUNDLAND AND LABRADOR REGULATION 54/02 Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, 2002 under the Electrical Power Control Act, 1994 and the Public Utilities Act (O.C. 2002 - 242) (O.C. 2002 - 243) (Filed July 9, 2002) Under the authority of

section 5.2 of the Electrical Power Control Act, 1994 and

section 4.1 of the Public Utilities Act , the Lieutenant Governor in Council makes the following Order. Dated at St. John’s, July 9, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Definitions 3. Exemption 4. Limitation 5. Extension of exemption 6. Repeal 1. This order may be cited as the Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, 2002. 2. In this order

Short title

Definitions

Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, 2002 54/02 The Newfoundland and Labrador Gazette July 12, 2002 376 (a) "Abitibi" means Abitibi-Consolidated Inc., Abitibi- Consolidated, General Partners hip, or Abitibi-Consolidated Company of Canada, as the context may require; (b) "Abitibi partner" means any partner, co-venturer or owner- ship participant and includes without limitation Central Newfoundland Energy Inc., Siemens Westinghouse Limited or CHI Canada Inc., and, for greater certainty, any partner- ship, joint venture or unincorporated co-ownership entity formed by Abitibi and any Abitibi partner; (c) "Abitibi threshold" means (

i) for that period following the commencement of projects until their completion, all electrical power and energy generated from the generating facilities (

A) at Bishop's Falls at levels above 13,600 kW, as measured at Grand Falls, and (

b) at Grand Falls at levels above 45,500 kW, and (ii) for that period following completion of the projects, all electrical power and energy generated from the gener- ating facilities at levels above 54,000 kW; (d) "generating facilities" means Abitibi's hydro generating facilities at Bishop's Falls and at Grand Falls in the Province of Newfoundland and Labrador, following the commence- ment of the projects; and (e) "projects" means the projects at Grand Falls and Bishop's Falls in the province as described in

section 3. 3. Abitibi, an Abitibi partner and any lender providing financing to the projects are exempt from a ll of the application of the Electrical Power Control Act, 1994 and the Public Utilities Act for all aspects of their joint or individual activities pertaining to (

a) the design, engineering, planning, construction, commis- sioning, ownership, operation, management and control of equipment and facilities to be comprised of Exemption

Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, 2002 54/02 The Newfoundland and Labrador Gazette July 12, 2002 377 (

i) a new 27 megawatt turbine/generator and all associated facilities, including withou t limitation trashrack, intake structure, steel roller gate, penstock and powerhouse, at Abitibi's hydroelectric generating facilities at Grand Falls, and (ii) new turbines/generators to replace existing units and all associated upgrading of Abitibi's hydroelectric generat- ing facilities at Bishop's Falls, including without limita- tion re-runnering existing turbine modifications to ex- isting governors, rewinding generators for 60 HZ gen- eration, upgrading station auxiliaries and rehabilitating structures; (

b) producing, generating, storing, transmitting, delivering or providing electric power and energy to or for Abitibi for compensation from the generating facilities; (

c) producing, generating, storing, transmitting, delivering or providing surplus electric power and energy from the gener- ating facilities, above the Abitibi threshold as is available by virtue of completion of the projects, to or for Newfoundland and Labrador Hydro for compensation; (

d) negotiating, concluding and executing any and all agree- ments for activities referred to in paragraphs (

b) and (c); (

e) raising and securing funds n ecessary to construct the proj- ects' facilities, including without limitation the negotiation, conclusion and execution of any and all agreements and se- curity documentation with any lender providing that financ- ing to the projects; and (

f) any agreements, contracts or instruments necessary or inci- dental to any activity described in this exemption. 4. This exemption shall not apply or extend to any Abitibi partner or any partnership which has previously operated or at any time after the publication of this order commences operations other than in re- spect of the projects as a utility regulated under the Electrical Power Control Act, 1994 and the Public Utilities Act. Limitation

Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, 2002 54/02 The Newfoundland and Labrador Gazette July 12, 2002 378 5. This exemption extends to the successors of the parties de- scribed in this order, provided that to extend to a successor of Abitibi other than a partnership, that succes sor must be a successor to both the pulp and paper mill at Grand Falls, and the electrical generation facili- ties or plants at Grand Falls and Bishop's Falls. 6.T h e Abitibi-Consolidated Inc. and Abitibi Partner Exemption Order, Newfoundland and Labrador Regulation 93/00, is repealed. ©Earl G. Tucker, Queen's Printer Extension of ex- emption Repeal

THE NEWFOUNDLAND GAZETTE July 12, 2002 379 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 3 4 1 L a n d s A c t — N o t i c e o f I n t e n t .......................................................................... 3 4 0 M i n e r a l A c t — N o t i c e ................................................................................ 3 3 5 Municipalities Act — Notice ........................................................................... 3 3 6 T r u s t e e A c t — N o t i c e ................................................................................ 3 4 0 U r b a n a n d R u r a l P l a n n i n g A c t — N o t i c e s ................................................................. 3 3 9

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNR or Nfld. Gazette made thereunder Nfld. Reg. Amendment Date & Page No. Electrical Power Control Act, 1994 and the Public Utilities Act Newfoundland and Labrador Hydro-Abitibi 53/02 R&S July 12, 2002 Consolidated Inc. Exemption Order, 2002 NLR 94/00 p. 373 Abitibi-Consolidated Inc. and Abitibi Partner 54/02 R&S July 12, 2002 and Abitibi Partner Exemption Order, 2002 NLR 93/00 p. 375 Forestry Act Cutting of Timber Regulations (Amdt.) 52/02 Amends July 12, 2002 CNLR 1108/96, p. 367 Ss. 2 & 3 Amdt.

Ss. 3.1, 3.2 & 3.3 added Ss. 6 & 36 Amdt. Prisons Act Prisons Regulations (Amdt.) 51/02 Amends July 12, 2002 CNLR 993/96, p. 365 s. 7.1 added

THE NEWFOUNDLAND GAZETTE July 12, 2002 380 Legislative History of the Judicature Act, 1791-1988 Price $25.00 plus G.S.T. (Plus $2.00 postage and handling) Place your order by contacting: Office of The Queen's Printer, Confederation Building, East Block, St. John's, Nfld. 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. The Newfoundland Gazette is published from the office of Earl G. Tucker, Queen's Printer.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2002-07-12
Type	gazette
Volume / chapter	printer gazette weekly issues 2002 2002 07 12
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0ed17e243eaaccb3ac3f257401fe6ada9fa82a06

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