Newfoundland and Labrador Gazette, Part I — 21 June 2024, Vol. 99, No. 25 — Mineral Act Notice

NLG 2024-06-21

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 99 ST. JOHN’S, FRIDAY, JUNE 21, 2024 No. 25 235 HIGHWAY TRAFFIC ACT TOWN OF HAPPY VALLEY-GOOSE BAY NOTICE TRAFFIC REGULATIONS The following regulations have been made by the Town Council of THE TOWN OF HAPPY VALLEY-GOOSE BAY pursuant to the authority delegated by the Minister of Transportation and Infrastructure by Order dated June 4, 2024, under

Section 189 of the Highway Traffic Act, RSNL 1990, c H-3, and amendments thereto, and under Sections 172 and 414(2)(nn) of the Municipalities Act, 1999, SNL 1999, c M-24, as amended. Amended and adopted by the Town Council of the TOWN OF HAPPY VALLEY-GOOSE BAY on the 27th day of February, 2024. Published in The Newfoundland and Labrador Gazette June 21st, 2024. MAYOR George Andrews CAO/Town Clerk Nadine MacAuley TRAFFIC REGULATIONS TITLE 1. These regulations may be cited as the Town of Happy Valley-Goose Bay Traffic Regulations.

DEFINITIONS 2. In these Regulations, the following words, unless the context otherwise requires, shall having th e following meanings: a. “Commercial Motor Vehicle” means a Motor Vehicle designed to carry goods, or to carry more than six passengers in addition to the driver, and includes a truck, delivery van, hearse, fire engine, traction engine, and any other motor vehicle designed for commercial, agricultural, or industrial use, but does not include: i. Buses or school buses, or ii.

Camper type vehicles designed or adapted exclusively for pleasure or recreational purposes. b. “Council” means the Town Council of Happy Valley-Goose Bay constituted under the provisions of the Municipalities Act, 1999, SNL 1999, c M-24.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 236 c. “Driver” means a person who operates, or is in physical control of, a Motor Vehicle. d. “Highway” shall include any way to which the public has access and bridges over which a highway passes, any local roadway within the boundaries of the Town, and also include every place to which the public has access as a parking place for Motor Vehicles. e. “Motorcycle” means a Motor Vehicle that: i. Has steering handle bars completely constrained from rotating in relation to the axle of 1 wheel in contact with the ground; ii.

Is designed to travel on not more than 3 wheels in contact with the ground, and iii. In the case of a 3-wheel Motor Vehicle that: 1. Does not have as an integral part of the Motor Vehicle an enclosure around the occupant, and 2. Requires the operator to sit astride the Motor Vehicle, 3.

But does not include a competition motor cycle, mini bicycle, moped, motor driven bicycle, a passenger car, a truck, or multi-purpose Motor Vehicle. f. “Motor Vehicle” means a device in, upon or by which a person or thing may be transported or drawn upon a Highway, including a Motorcycle. g. “Park” means to allow a Motor Vehicle to remain on a Highway in a stationary position, whether or not the operator remains in control, provided that a Motor Vehicle shall not be deemed to be so parked if it is stopped for the immediate taking up or discharging of passengers, or for such time as may be actually necessary for the loading or unloading of goods, or for repairing such Motor Vehicle when repairs thereto on a Highway are necessary. h. “Sidewalk” means that portion of a Highway lying between the curb lines or the lateral lines of a roadway and the adjacent property lines set apart of the use of pedestrians, includes any part of a Highway set apart or marked as being for the exclusive use of pedestrians and is deemed to include any area of Highway lying between the curb lines or the lateral lines of a roadway and that portion of a Highway set apart for the use of pedestrians. i “Stop”means: i.

When required, the complete cessation of movement, and ii.

When prohibited, any stopping or standing of a Motor Vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic officer or traffic control device or signal. j. “Town” means the Town of Happy Valley- Goose Bay as defined by Order-in- Council dated the 15th day of March 1955 or any amendments thereto made or continued under the Municipalities Act, 1999, SNL 1999, c M-24 k. “Traffic Officer” means a Municipal Enforcement Officer and any other person appointed by Council to enforce these regulations. l. “Traffic Sign” includes all traffic control signals, warning signposts, direction- posts, signs, lines, marks or other devices for the guidance of persons using Highways. m. “Wait” means to allow a Motor Vehicle to remain on a Highway in a stationary position whether or not the operator remains in control and includes the stopping of a Motor Vehicle to load or unload goods or passengers.

COUNCIL AUTHORITY 3. No person shall Park any Motor Vehicle on the Highway at any time in such a way as to interfere with, hinder, or obstruct the normal flow of traffic. 4. No Motor Vehicle shall Park parallel to any place of business which is faced upon a street of the Town when sufficient space is provided to allow such a Motor Vehicle to park at right angles to such place of business. 5. No person shall Stop, stand, or Park a Motor Vehicle on a Highway so that the Motor Vehicle or any part of it is: a. On a Sidewalk or an area generally used by or intended for use by pedestrians. b.

In front of a public or private driveway or in front of an authorized loading door designated as such.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 237 c. Within 6 meters of an intersection. d. Within 1 meter of any fire hydrant. e. Within a crosswalk. f. Within 6 meters of the approach side of a crosswalk. g. Within 10 meters upon the approach to any flashing beacon, stop sign, or Traffic Sign located at any side of a roadway. h. Within 6 meters of either side of the entrance to or exit from a hotel, church, school, public meeting place, theater, dance hall, or playground. i. Within 20 meters of a bus stop. j.

On the left side of the Highway in the direction it is heading excepting where the parking is designated by proper signs erected by Council. k. Within 7 meters of a driveway entrance to a fire station. l. Within 150 meters of any site where a fire is in progress unless permission has been obtained from a Traffic Officer or police officer, excepting a fire engine, ambulance, police car, clergy’s car, or a medical doctor’s car. m. Alongside or opposite a street excavation or obstruction when Stopping, standing, or Parking obstructs traffic; n.

In a place in contravention of a Traffic Sign that gives notice that Stopping, standing, or Parking there is prohibited or restricted; o. On Highway property between the curb or edge of the roadway and the boundary line of the Highway; p. On any property classified as an easement or upon which Council grants a permit; q. For the purpose of washing, greasing, or repairing a vehicle, except where such repairs are necessitated by an emergency; r. In an area designated as a parking space for persons with a disability. 6.

No public service vehicles operating within the Town for hire or reward shall Stop anywhere on any Highway to solicit business except at designated stops and passengers may enter or leave such public service vehicles at the aforementioned stops only. 7. No person shall double Park any Motor Vehicle on any Highway within the limits of the Town. 8.

No person shall Park or Stop any Motor Vehicle on any roadway unless on the right hand side the roadway, having regard to the direction in which the Motor Vehicle was proceeding, with the right front and rear wheels parallel to and not more than thirty (30) centimeters from the curb where there is a raised curb, or where there is no curb or a rolled curb, with the right front and rear wheels parallel to, and as near to the right hand limit of the roadway as is practical, without Stopping or Parking over a Sidewalk or footpath or over any part of the road where grass is grown or which is not intended for use of Motor Vehicles.

SNOW CLEARING 9. During the period from the first day of November in each year to the thirtieth day of April in the succeeding year, both days inclusive, no person shall park an unattended Motor Vehicle, regardless of weather conditions, upon any Highway within the Town between the hours of 12 AM and 8 AM. 10. No person shall: a. Park any Motor Vehicle on any Highway in such a way as to interfere with, hinder or obstruct snow clearing operations. b.

At any time when 5 centimeters of snow has accumulated on the Highway surface, and for twelve (12) hours thereafter, Park an unattended Motor Vehicle on any Highway within the Town. 11. Regulations 9 and 10 do not apply to ambulances or fire fighting apparatus nor to Motor Vehicles operated by clergy, medical doctors, nurses, police, or members of the fire department when at the scene of an emergency. 12.

No person shall deposit, throw, sweep, or place in any manner any accumulation of snow or ice on any highway, Sidewalk, or public parking lot within the limits of the Town, providing that this regulation shall not apply to employees or contractors of Council while engaged in snow clearing operations.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 238 13. Scheduled street scraping and snow removal will occur between the hours of 8 AM and 10 PM. No person shall Park a Motor Vehicle on a Highway scheduled for scraping and snow removal during the hours of 8 AM and 10 PM. The Town will announce the Highways scheduled for scraping and snow removal by 3 PM the previous day. OFFENCE 1 4.

Any unattended Motor Vehicle Parked on any Highway within the Town in contravention of these regulations may be removed and impounded by the Council and the cost of such removal and impounding (including towing and storage costs) may be recovered from the owner as a civil debt prior to the vehicle being returned to the owner. This may be paid at the Town office during regular business hours. 15. Any person who violates any of the provisions of these regulations shall be guilty of an offence and shall be liable on

summary conviction to a penalty in accordance with the Highway Traffic Act, RSNL 1990, c H-3, and amendments thereto. COMPLIANCE WITH OTHER ACTS AND REGULATIONS 1 6. Nothing in these Regulations serves to exempt any person from obtaining any license, permission, permit, authority or approval required by any other regulation of the Town or any statute or regulation of the Province of Newfoundland and Labrador. EFFECTIVE DATE 1 7 . These regulations shall come into effect from the date of publication in The Newfoundland and Labrador Gazette. 1 8.

All previous Traffic Regulations for the Town of Happy Valley-Goose Bay are repealed. TOWN OF HAPPY VALLEY-GOOSE BAY Nadine MacAulay, CAO Jun. 21 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act , cM-12, RSNL 1990 as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 23780M held by Atlantic Minerals Limited Mineral License 24904M held by North Range Resources Ltd. Mineral License 25807M held by E. Michele Noel Mineral License 26945M held by Gerald Terrance Russell Mineral License 26994M held by G2B Gold Inc. Mineral License 27036M held by Gary Rowsell Mineral License 27045M held by Cameron Martin Mineral License 27048M held by Nathaniel Noel Mineral License 27052M held by Alpha Gold North Inc.

Mineral License 27073M held by Alpha Gold North Inc. Mineral License 30828M held by E. Michele Noel Mineral License 30932M held by Jason White Mineral License 30939M held by Nancy Rogers Mineral License 31484M held by Canterra Minerals Corporation Mineral License 31493M held by Canterra Minerals Corporation Mineral License 31550M held by Stephen Carlton Mineral License 31708M held by Neal Blackmore Mineral License 31839M held by E. Michele Noel

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 239 Mineral License 32116M held by Roger King Mineral License 32304M held by Stephen Sheppard Mineral License 33062M held by Stephen Sheppard Mineral License 33063M held by Red Bay Exploration Inc. Mineral License 33064M held by Red Bay Exploration Inc.

Mineral License 33069M held by Shawn Ryan Mineral License 33106M held by Letha Quinlan Mineral License 33115M held by Stephen Sheppard Mineral License 33992M held by North Atlantic Aggregates Mineral License 34074M held by Charles Mercer Mineral License 34078M held by Judy Taylor Mineral License 34079M held by Judy Taylor Mineral License 34081M held by Critical Metals NL Corp. Mineral License 34100M held by Stephen Carlton Mineral License 34549M held by Benton Resources Inc. Mineral License 34785M held by Canterra Minerals Corporation Mineral License 34816M held by Shoreline Exploration Inc.

Mineral License 34822M held by Stephen Sheppard Mineral License 34825M held by Shoreline Exploration Inc. Mineral License 34859M held by Darrin Hicks Mineral License 34869M held by Natalie Hicks Mineral License 34871M held by Judy Mercer Mineral License 35584M held by 2653438 Ontario Inc. Mineral License 35595M held by Shoreline Exploration Inc. Mineral License 35596M held by Adam Mogil Mineral License 35597M held by Adam Mogil Mineral License 35598M held by Adam Mogil Mineral License 35600M held by Shoreline Exploration Inc. Mineral License 35601M held by Shoreline Exploration Inc.

Mineral License 35602M held by Shoreline Exploration Inc. Mineral License 35603M held by Shoreline Exploration Inc. Mineral License 35604M held by Shoreline Exploration Inc. Mineral License 35617M held by Noreen Kennedy Mineral License 35618M held by Noreen Kennedy Mineral License 35633M held by Mountain Lake Minerals Inc. Mineral License 35634M held by Stephen Sheppard Mineral License 36068M held by Canterra Minerals Corporation Mineral License 36150M held by Shane Stares

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 240 Mineral License 37859M held by Canterra Minerals Corporation Mineral License 37862M held by Canterra Minerals Corporation Mineral License 37869M held by Canterra Minerals Corporation Mineral License 37873M held by Canterra Minerals Corporation Mineral License 37875M held by Canterra Minerals Corporation Mineral License 37878M held by Canterra Minerals Corporation The lands covered by this notice except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08, 28/09, 5/13, 3/17, 12/22 and 76/23 and outlined on 1:50 000 scale digital maps maintained by the Department of Industry, Energy and Technology, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

DEPARTMENT OF INDUSTRY, ENERGY AND TECHNOLOGY Trina Adams, Mineral Claims Recorder Jun. 21 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF HAPPY VALLEY-GOOSE BAY MUNICIPAL PLAN AMENDMENT NO. 1, 2023 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2023 TAKE NOTICE that the T OWN OF HAPPY VALLEY-GOOSE BAY MUNICIPAL PLAN AMENDMENT NO. 1, 2023 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2023 adopted on June 27, 2023 and approved on February 27, 2024 have been registered by the Minister of Municipal and Provincial Affairs.

THAT THE TOWN OF HAPPY VALLEY-GOOSE BAY MUNICIPAL PLAN AMENDMENT NO. 1, 2023 AND DEVELOPMENT REGULATIONS AMENDMENT NO.1, 2023 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 these documents may do so at the Town Office during normal working hours. TOWN OF HAPPY VALLEY-GOOSE BAY Town Clerk Jun. 21 LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Muddy Hole Cove/Roddickton, for the purpose of a boathouse and wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: https://www.gov.nl.ca/ffa/lands/sec7notifications/. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/, to the Minister of Department of Fisheries, Forestry and Agriculture by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014,

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 241 Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Jun. 21 NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Old Perlican, for the purpose of a recreational walking trail. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: https://www.gov.nl.ca/ffa/lands/sec7notifications/. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/, to the Minister of Department of Fisheries, Forestry and Agriculture by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Jun. 21 NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Sandy Lake, for the purpose of an ATV trail. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: https://www.gov.nl.ca/ffa/lands/sec7notifications/. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/, to the Minister of Department of Fisheries, Forestry and Agriculture by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Jun. 21

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 242 QUIETING OF TITLES ACT 2024 01G NO. 2079 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR GENERAL DIVISION IN THE MATTER OF ROBERT BOLAND , a resident of the Province of Newfoundland and Labrador. AND IN THE MATTER OF The, Quieting of Titles Act, c. Q-3 of the Revised Statutes of Newfoundland, 1990, and amendments thereto AND IN THE MATTER OF that piece or parcel of land being at 110 Butter Pot Road, in the Town of Holyrood, in the Province of Newfoundland and Labrador NOTICE OF APPLICATION UNDER the Quieting of Titles Act , c.

Q-3, of the Revised Statutes of Newfoundland and Labrador 1990, and amendments thereto (the “Act”): NOTICE IS HEREBY GIVEN to all parties that ROBERT BOLAND , of the City of Mount Pearl, in the Province of Newfoundland and Labrador, has applied to the Supreme Court of Newfoundland and Labrador - General Division, to have the title to ALL THAT piece or parcel of land situate and being at 110 Butter Pot Road, in the Town of Holyrood, in the Province of Newfoundland and Labrador, Canada, and as more particularly described in the

Schedule hereto annexed and marked “A”, of which the said ROBERT BOLAND claims of his own behalf to be the owner investigated and he request a declaration that the said Robert Boland is the legal, beneficial, and absolute owner in possession and that the said Court having ordered that Notice of the said Application be published as required by the above named Act, All persons having a claim adverse to this title claimed by the said Robert Boland shall file in the Registry of the Supreme Court of Newfoundland and Labrador - General Division, at the Court House, Duckworth Street, St.

John’s, Newfoundland and Labrador, Canada, AIC 5M3, particulars of such adverse claim and serve same together with an Affidavit verifying same, on the undersigned solicitors for the Applicant on or before the 25 th day of July, 2024, 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 conditions the Court may deem just. All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. DATED at the City of St.

John’s, in the Province of Newfoundland and Labrador this 12 th day of June, 2024. FOREST ROAD LAW GROUP Solicitor for the Applicant PER: RIELY MICHELLE MOSS ADDRESS FOR SERVICE Old Queen’s College, Suite 100 16 Forest Road St.

John’s, NL A1C 2B9 Attention: Emily Ryan SCH EDU LE “A” CIVIC No. 110 BUTTER POT ROAD HOLYROOD NEWFOUNDLAND & LABRADOR January 17, 2024 Job No. 13367 ALL THAT piece or parcel of land, situate and being on the eastern side of Butter Pot Pond, in the Town of Holyrood, in the Province of Newfoundland & Labrador, Canada, and being bounded and abutted as follows: THAT IS TO SAY, beginning at a point to the east of Butter Pot Pond, said point having coordinates N 5 250 740.648 metres and E 297 464.434 metres of the Three Degree Modified Transverse Mercator Projection NAD-83 for The Province of Newfoundland & Labrador, THENCE along a Road Reservation (10 metres wide) N 78°47’07” W for a distance of 145.661 metres, THENCE along the sinuosities of the line of Reservation (10 metres wide) for Butter Pot Pond for a distance of 92 metres more or less, straight line bearing N 18°02’17” W for a distance of 86.028 metres, THENCE along a Road Reservation (10 metres wide) N 81 °12’52” E for a distance of 168.367 metres, THENCE along the western side of Newfoundland Power Easement (26 metres wide) (Crown Land Lease No. 72122) S 01 °19’08” E for a distance of 135.880 metres, more or less, to the point of beginning and containing an area of 1.679 hectares, more or less.

Which land is more particularly shown on plan hereto attached. All bearings being referred to the above mentioned projection. All linear measurements are horizontal ground distances.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 243

SCHEDULE “B” Jun. 21 This description and accompanying plan, Job # 13367 of Brown & Way Surveys, form an integral part of the returns and are not separable. BROWN’S AND WAY SERVEYS LTD.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 244 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late REUBEN CURTIS of Lewisporte, in the Province of Newfoundland and Labrador, Pastor, Widower, Deceased.

ALL persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of REUBEN CURTIS , the aforesaid deceased, who died at Gander, in the Province of Newfoundland and Labrador on or about the 13 th day of March, 2024, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 21 st day of June, 2024 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which they shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 27th day of May, 2024. PEDDLE LAW Solicitor for the Executor PER: MICHAEL D. PEDDLE ADDRESS FOR SERVICE: P.O. Box 563 137 Bennett Drive Gander, Newfoundland AlV 2El Tel: (709) 651-4949 Fax: (709) 651-4951 Jun. 14 & 21

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 99 ST. JOHN’S, FRIDAY, JUNE 21, 2024 No. 25 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 35/24 NLR 36/24 NLR 37/24

355 The Newfoundland and Labrador Gazette June 21, 2024 NEWFOUNDLAND AND LABRADOR REGULATION 35/24 Proclamation bringing

section 6 and subsection 10(5) of the Act into Force (SNL2019 c14) [In force December 2, 2024] under

An Act to Amend the Automobile Insurance Act, (O.C 2024-084) (Filed June 20, 2024) CHARLES THE THIRD, by the Grace of God, King of Canada and His other Realms and Territories, Head of the Commonwealth JOAN MARIE J. AYLWARD Lieutenant Governor DENIS MAHONEY, K.C. Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME OR WHOM THE SAME MAY IN ANYWISE CONCERN: GREETING A PROCLAMATION

WHEREAS in and by subsection 12(3) of

An Act to Amend the Automobile Insurance Act, Statutes of Newfoundland and Labrador 2019

Chapter 14 (the "Act" ), it is provided that

section 6 and subsection 10(5) of the Act come into force on a day to be proclaimed by the Lieutenant-Governor in Council;

356 The Newfoundland and Labrador Gazette June 21, 2024 Proclamation bringing

section 6 and subsection 10(5) of the Act into Force (SNL2019 c14) [In force December 2, 2024] under

An Act to Amend the Automobile Insurance Act, (O.C 2024-084) 35/24 AND

WHEREAS it is deemed expedient that

section 6 and subsection 10(5) of the Act shall now come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that

section 6 and subsection 10(5) of

An Act to Amend the Automobile Insurance Act, Statutes of Newfoundland and Labrador 2019

Chapter 14 , shall come into force on December 2nd, 2024. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well -beloved the Honourable Joan Marie J. Aylward, Chancellor of the Order of Newfoundland and L abrador, Lieutenant-Governor in and for Our P rovince of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE, in Our City of St.

John's, this 19 th day of June in the year of Our Lord two thousand and twenty -four, in the second year of Our Reign. BY COMMAND, JUDITH HEARN Deputy Registrar General

357 The Newfoundland and Labrador Gazette June 21, 2024 NEWFOUNDLAND AND LABRADOR REGULATION 36/24 Automobile Accident Diagnostic and Treatment Protocols Regulations under the Automobile Insurance Act (O.C. 2024- 085) (Filed June 20, 2024) Under the authority of

section 60 of th e Automobile Insurance Act, t he Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, June 19, 2024. Krista Quinlan Clerk of the Executive Council Analysis 1.

Short title 2.

Definitions

PART I APPLICATION AND OPERATION 3. Application 4. What constitutes a single visit 5. Scope of practice of health care practitioners 6. Authorizations 7. Application for additional services or supplies 8. Interpretative bulletins and information circulars 9. Fees and disbursements

358 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24

PART II DIAGNOSTIC AND TREATMENT PROTOCOLS Division 1 Diagnostic and Treatment Protocol for Strains and Sprains 10. Protocol established for strains and sprains 11. Developing the diagnosis for strains and sprains 12. Treatment for strains and sprains 13. Diagnostic and treatment authorization for strains and sprains Division 2 Diagnostic and Treatment Protocol for Whiplash Associated Disorder Injuries — Cervical, Thoracic, Lumbar and Lumbosacral 14. Protocol established for whiplash associated disorder injuries 15. Developing the diagnosis for whiplash associated disorder injuries 16.

Diagnostic criteria for whiplash associated disorder I and whiplash associated disorder II injuries 17. Treatment for whiplash associated disorder I and whiplash associated disorder II injuries 18. Diagnostic and treatment authorization for whiplash associated disorder injuries Division 3 Treatment Plans, Limits and Referrals to Injury Management Consultants 19. Treatment plans 20. Maximum number of visits authorized for treatment under protocols – single injury 21. Maximum number of visits authorized for treatment under protocols – multiple injuries 22. Limits for treatment by adjunct therapists 23.

Assessment of injury to which protocols do not apply 24. Referral to injury management consultant

PART III INJURY MANAGEMENT CONSULTANTS REGISTER 25. Register established 26. Eligibility requirements 27. Ceasing to be an injury management consultant

PART IV CLAIMS AND PAYMENT OF CLAIMS 28. Priority of sections 29 to 35 29. Claims 30. Decision by insurer 31. Failure of insurer to respond 32. Subsequent denial of liability 33. Making and paying claims 34. Sending notices 35. Multiple claims 36. Commencement 1. These regulations may be cited as the Automobile Accident Diagnostic and Treatment Protocols Regulations. 2. In these regulations, (a) "Act" means the Automobile Insurance Act;

Short title

Definitions

359 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (b) "acupuncturist" means an acupuncturist as defined in the Acupuncturists Regulations; (c) "adjunct therapist" means (

i) an acupuncturist, (ii) a dentist, (iii) a massage therapist, (iv) a nurse, (

v) an occupational therapist, or (vi) a psychologist; (d) "applicant" means a patient or health care practitioner who sends in a completed claim form to an insur er in accordance with

section 29; (e) "authorization" means a written authorization by a health care practitioner for the diagnosis and treatment of a strain, sprain or whiplash associated disorder injury; (f) "business day" means any day other than a (

i) Saturday, (ii) Sunday, or (iii) a holiday; (g) "chiropractor" means a chiropractor as defined in the Chiropractors Act, 2009; (h) "claim form" me ans the form approved by the superintendent for the purposes of t hese regulations and includes forms for assessments, treatment plans and reports; (i) "dentist" m eans a practitioner as defined in the Dental Act, 2008;

360 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (j) "evidence-informed practice" mea ns the conscientious, explicit and judicious use of current best practice in making decisions about the care of a patient that integrates individual clinical expertise with the best available external clinical evidence from systematic research; (k) "health care practitioner" means (

i) a chiropractor, (ii) a physiotherapist, (iii) a medical practitioner, or (iv) a nurse practitioner; (l) "history" means, in respect of a patient's injury, (

i) how the injury occurred, (ii) the patient's current symptoms, (iii) the patient's relevant past, including physical, psychological, emotional, cognitive and social past, and (iv) how the patient's physical functions have been affected by the injury; (m) "IMC register" means the register of injury management consultants referred to in

section 25; (n) "injury management cons ultant" means a person who is entered on the IMC register in accordance with

section 26; (o) "International Classification of Diseases" means the most recent edition of the publication title d th e International Statistical Classification of Diseases and Re lated Health Problems, Canada, publ ished by the Canadian Institute for Health Information, based on a publication issued from time to time titled the International Statistical Classification of Diseases and Related Health Problems , published by the World Health Organization;

361 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (p) "massage therapist" means a massage therapist as defined in the Massage Therapy Act, 2005; (q) "medical practitioner" means a medical practitio ner as defined in the Medical Act, 2011; (r) "nurse" means a registered nurse as defined in the Registered Nurses Act, 2008; (s) "nurse practitioner" means a nurse practitioner as defined in the Registered Nurses Act, 2008; (t) "occupational therapist" means an occupational th erapist as defined in the Occupational Therapists Act, 2005; (u) "patient" means an insured as defined in the Act; (v) "physiotherapist" means a physiotherapist as defined in the Physiotherapy Act, 2006; (w) "protocols" means the d iagnostic and trea tment protocols established by these regulations; (x) "psychologist" means a registered psychologist as defined in the Psychologists Act, 2005; (y) "spine" means the column of bone known as the vertebral column that surrounds and protects the spinal cord; (z) "sprain" means an injury to (

i) one or more tendons, (ii) one or more ligaments, or (iii) tendons and ligaments; (aa) "strain" means an injury to one or more muscles; (bb) "treatment plan" means a treatme nt plan referred to in

section 19; and

362 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (cc) "whiplash associated disorder injury" means a n injury resulting from the sudden forceful movement of the spine other than one that exhibits one or both of the following: (

i) objective, demonstrable, definable and clinically relevant neurological signs, or (ii) a fracture to or a dislocation of the spine.

PART I APPLICATION AND OPERATION 3.

(1) These regulations apply only where (

a) a patient elects to be diagnosed and treated in accordance with the protocols for a sprai n, strain or w hiplash associated disorder injury caused by an accident arising from the use or operation of an automobile; and (

b) a health care practitioner chooses to diagnose and treat the patient's sprain, strain or whiplash associated disorder injury in accordance with the protocols.

(2) These regulations, except subsection 6( 3), sub

section 24(7) and

Part IV, cease to apply in respect of an injury on the earlier of (a) 90 days after the date of the accident; or (

b) when the maximum number of visits authorized by these regulations has been reached. 4. For the purpose of these regulations, one visit to a health care practitioner or another person authorized to provide treatment under these regulations constitutes a single visit, irrespective of the number of injuries treated during the visit. 5. Nothing in these regulations permits a health care practitioner to do anything that is outside the scope of that health care practitioner's practice as determined by the health care practitioner's governi ng body and legislation. 6.

(1) An authorization shall be Application What constitutes a single visit Scope of practice of health care practitioners Authorizations

363 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

a) in writing; and (

b) issued within 90 days of the date of the accident in which the patient was injured.

(2) An au thorization expires 90 days after the date of the accident in which the patient was injured.

(3) Notwithstanding subsection (2), where approved by an insurer, an authorization shall continue to be valid after the time period referred to in subsection (2).

(4) A health care practitioner may issue an authorization for that health care practitioner to provide the treatment described in

section 12 or 17. 7. Nothing in these regulations preve nts or limits a pa tient or a health care practitioner from applying to an insur er for approval for a service or supply in addition to the limits specified in these regulations, and the insurer may, where the patient has access to accident benefits under a contract, approve the additional service or supply. 8. The superintendent may issue interpretative bulletins and information circulars (

a) describing the anticipated roles and general expectations of those persons a ffected by or who have an interest in the implementation of the protocols; (

b) respecting the administration, implementation and operation of the protocols; and (

c) respecting any other matter the superintendent considers appropriate under these regulations. 9.

(1) The superintendent may set the fees and disbursements or the maximum fees and disbursements to be charged or paid for any service, activity or function authorized under these regulations, including the following: (

a) diagnostic imaging; (

b) laboratory testing; Application for additional services or supplies Interpretative bulletins and information circulars Fees and disbursements

364 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

c) specialized testing; (

d) supplies; (

e) treatments; (

f) visits; (

g) therapy; (

h) assessments; (

i) reports; and (

j) claim forms.

(2) The fees and disbursements or maximum fees and disbursements set under su bsection (1) shall be published in the Gazette.

(3) Where the superintendent sets the fees and disbursements or the maximum fees and disbursements under subsection (1), a person shall not charge or collect a fee or a disbursement that is greater than those fees and disbursements.

PART II DIAGNOSTIC AND TREATMENT PROTOCOLS Division 1 Diagnostic and Treatment Protocol for Strains and Sprains 10. Sections 11 to 13 are established as the protocol for the diagnosis and treatment of strains and sprains. 11.

(1) Using evidence -informed practice and referring to the International Classification of Diseases , a health care practitioner shall diagnose a strain or sprain by (

a) taking a history of the patient; (

b) examining the patient; Protocol established for strains and sprains Developing the diagnosis for strains and sprains

365 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

c) making an ancillary investigation; and (

d) identifying (

i) the muscle or muscle groups injured, or (ii) the tendons or ligaments, or both, that are involved and the specific anatomical site of the injury.

(2) Where a strain is diagnosed, a health care practitioner shall determine the degree of severity of the injury using the diagnostic criteria set out in the following table , as extracted from Orthopedic Physical Assessment by David J.

Magee, (6th edition), (2014), at page 32, and reproduced with permission from Elsevier Inc.: First Degree Strain Second Degree Strain Third Degree Strain Definition of the degree of strain few fibres of muscle torn about half of muscle fibres torn all muscle fibres torn (rupture) Mechanism of injury overstretch overload overstretch overload crushing overstretch overload Onset acute acute acute Weakness minor moderate to major (reflex inhibition) moderate to major Disability minor moderate major Muscle spasm minor moderate to major moderate Swelling minor moderate to major moderate to major Loss of function minor moderate to major major (reflex inhibition) Pain on isometric contraction minor moderate to major none to minor Pain on stretch yes yes not if it is the only tissue injured; however, other structures may suffer first degree or second degree injuries and be painful

366 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 Joint play normal normal normal Palpable defect no no yes (if detected early) Range of motion decreased decreased may increase or decrease depending on swelling

(3) Where a sprain is diagnosed, a health care practitioner shall determine the degree of severity of the injury using the diagnostic criteria set out in the following table , extracted fr om Orthopedic Physical Assessment by David J.

Magee, (6th edition), (2014), at page 32, and reproduced with permission from Elsevier Inc.: First Degree Sprain Second Degree Sprain Third Degree Sprain Definition of the degree of sprain few fibres of ligament torn about half of ligament torn all fibres of ligament torn Mechanism of injury overstretch overload overstretch overload overstretch overload Onset acute acute acute Weakness minor minor to moderate minor to moderate Disability minor moderate moderate to major Muscle spasm minor minor minor Swelling minor moderate moderate to major Loss of function minor moderate to major moderate to major (instability) Pain on isometric contraction none none none Pain on stretch yes yes not if it is the only tissue injured; however, other structures may suffer first degree or second degree injuries and be painful Joint play normal normal normal to excessive Palpable defect no no yes (if detected early)

367 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 Range of motion decreased decreased may increase or decrease depending on swelling; dislocation or subluxation possible 12.

(1) A healthcare practitioner shall treat a strain or sprain by (

a) educating the patient with respect to the following: (

i) the desirability of an early return to one or more of the following, as applicable: (

A) the patient’s employment, occupation or profession, (

B) the patient’s training or education in a program or course, or (

C) the patient’s normal daily activities, (ii) an estimate of the probable length of time that symptoms will last, and (iii) the expected course of recovery; (

b) managing inflammation and pain, as required, (

i) by the protected use of ice, (ii) by elevating the injured area, (iii) by compression, and (iv) by using reasonable and necessary equipment to protect a sprained joint during the acute phase of recovery; (

c) teaching the patient about maintaining flexibility, balance, strength and the functions of the injured area; (

d) giving advice about Treatment for strains and sprains

368 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

i) self-care, and (ii) the patient's expected return to one or more of t he activities described in clauses (1)(a)(i)(

A) to (C); (

e) discussing the disadvantage of depending on health care providers and passive modalities of care for extended periods of time; (

f) providing treatment that is appropriate and that, in the opinion of the health care practitioner, is necessary for the treatment or rehabilitation of the injury; and (

g) any other treatment by a n adjunct therapist that, in the opinion of the health care practitioner, is necessary for the treatment or rehabilitation o f the injury and that is linked to the continued clinical improvement of the patient.

(2) In addition to the treatment described in subsection (1), a healthcare practitio ner shall treat a th ird degree strain or sprain with definitive care of specific muscles, muscle groups, tendons or ligaments at specific anatomical sites, including, as required, (

a) immobilization; (

b) strengthening exercises; (

c) surgery; and (

d) where surgery is requi red, post-operative rehabilitation therapy.

(3) Notwithstanding subsections (1) and (2), a health care practitioner may not use a visit to treat a first degree or second degree strain or sprain to a peripheral joint by a deliberate, br ief, fast thrust to move the joints of the spine beyond the normal range but within t he anatomical range of motion, which generally results in an audible click or pop. 13.

(1) A health care pr actitioner may autho rize, for a first degree, second degree or third degree strain or sprain, Diagnostic and treatment authorization for strains and sprains

369 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

a) one visit to a health care practitioner for an assessment of the injury, including the preparation of a treatment plan and claim form, if required; (

b) visits to a physiotherapist, chiropractor, or adjunct therapist necessary to provide the treatment described in

section 12; (

c) necessary diagnostic imaging, laboratory testing and specialized testing; (

d) necessary medication as determined by the health ca re practitioner; and (

e) acquisition of necessary supplies to assist in the treatmen t or rehabilitation of the injury.

(2) The maximum number of treatment visits authorized under this protocol for the treatment of strains or sprains is prescribed in

section 20 or 21. Division 2 Diagnostic and Treatment Protocol for Whiplash Associated Disorder Injuries — Cervical, Thoracic, Lumbar and Lumbosacral 14. Sections 15 to 1 8 are established as the protocol for the diagnosis and treatment of whiplash associated disorder injuries. 15. Using evidence-informed practice, a health c are practitioner shall diagnose a whiplash associated disorder injury by (

a) taking a history of the patient; (

b) examining the patient; (

c) making an ancillary investigation; and (

d) identifying the anatomical sites of the injury. Protocol established for whiplash associated disorder injuries Developing the diagnosis for whiplash associated disorder injuries

370 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 16.

(1) Where a whiplash associated disorder injury is diag nosed, a healthcare practitioner shall use the following criteria to diagnose a whiplash associated disorder I injury: (

a) complaints of spinal pain, stiffness or tenderness; (

b) no demonstrabl e, definable and clinically relevant physical signs of injury; (

c) no objective, demonstrable, definable and clinically relevant neurological signs of injury; and (

d) no fracture to or dislocation of the spine.

(2) Where a whiplash associated disord er I injury is diagnosed, further investigation of the injury is not warranted, unless a health care practitioner believes there is cause to do so.

(3) Where a whiplash associated disorder injury is diagnosed, a health care practitione r shall use the foll owing criteria to diagnose a whiplash associated disorder II injury: (

a) complaints of spinal pain, stiffness or tenderness; (

b) demonstrable, definable and clinically relevant physical signs of injury, including (

i) musculoskeletal signs of decreased r ange of motion of the spine, and (ii) point tenderness of spinal structures affected by the injury; (

c) no objective, demonstrable, definable and clinically relevant neurological signs of injury; and (

d) no fracture to or dislocation of the spine.

(4) An investigation to determine a whiplash associated disorder II injury and to eliminate a more severe injury may include (

a) for cervical spine injuries, radiographic series in accordance with The Canadian C -Spine Rule for Radiography in Alert Diagnostic criteria for whiplash associated disorder I and whiplash associated disorder II injuries

371 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 and Stable Trauma Patients, published in the Journal of the American Medical Association, October 17, 2001 – Volume 286, No. 15; or (

b) for thoracic, lumbar and lumbosacral spine injuries, radiographic series appropriate to the region of the spin e that is injured, where the patient has one or more of the following characteristics: (

i) an indication of bone injury, (ii) an indication of significant degenerative changes or instability, (iii) an indication of polyarthritis, (iv) an indication of osteoporosis, or (

v) a history of cancer.

(5) The use of magnetic resonance imaging or computerized tomography is not authorized under this protocol, unless (

a) a diagnosis cannot be determined from 3 plain view films; or (

b) there are objective neurological or clinical findings. 17. A health care practitioner shall treat a whiplash associated disorder I or whiplash associated disorder II injury by (

a) educating the patient with respect to the following: (

i) the desirability of an early return t o one or more of the following, as applicable: (

A) the patient’s employment, occupation or profession, (

B) the patient’s training or e ducation in a program or course, or (

C) the patient's normal daily activities, Treatment for whiplash associated disorder I and whiplash associated disorder II injuries

372 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (ii) an estimate of the probable length of time that symptoms will last, (iii) the estimated course of recovery, (iv) the length of the treatment process, (

v) that there is likely no serious currently dete ctable underlying cause of the pain, (vi) that the use of a soft collar is not advised, and (vii) the probable factors that are responsible for other symptoms the patient may be experiencing that are temporary in nature and that are not reflective of tis sue damage; (

b) giving advice about (

i) self-care, and (ii) the patient's expected return to one or more of the activities described in clauses (a)(i)(

A) to (C); (

c) discussing the disadvantage of depending on health care providers and passive modaliti es of care for extend ed periods of time; (

d) prescribing medication, where appropriat e, including analgesics, for the sole purpose of short-term treatment of spinal injuries, but not including narcotics; (

e) any of the following, as appropriate: (

i) pain management, (ii) exercise, (iii) early return to normal activities, (iv) cryo and thermal therapy, or

373 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

v) preparing the patient for a return to one or more of the activities described in clauses (a)(i)(

A) to (C); (

f) providing treatment that is appr opriate and that, in the opinion of the health care practitioner, is necessary for the treatment or rehabilitation of the injury; and (

g) any other treatment by an adjunct therapist that, in the opinion of the health care practitioner, is necessary for th e treatment or rehabi litation of the injury and that is linked to the continued clinical improvement of the patient. 18.

(1) A health car e pra ctitioner may authorize, for a whiplash associated disorder I or whiplash associated disorder II injury, (

a) one visit to a health care practitioner for an assessment of the injury, in cluding the preparation of a treatment plan and claim form, if required; (

b) visits to a physiotherapi st, chiropractor or adjunct therapist necessary to provide the treatment described in

section 17; (

c) necessary diagnostic imaging, laboratory testing and specialized testing; (

d) necessary medication as determined by the health care practitioner; and (

e) acquisition of necessary supplies to assist in the treatment or rehabilitation of the injury.

(2) The maximum number of treatment visits authorized under this protocol for the treatment of a whiplash associated d isorder is prescribed in

section 20 or 21. Division 3 Treatment Plans, Limits and Referrals to Injury Management Consultants 19.

(1) A treatment plan describing the treatments that will be provided under the protocols shall be prepared on a claim form. Diagnostic and treatment authorization for whiplash associated disorder injuries Treatment plans

374 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24

(2) An insurer is not req uired to approve cla ims or provide payment for more than one treatment plan per patient per accident.

(3) A patient’s treatment plan shall be completed by the health care practitioner that intends to provide the majority of treatment or will be actively coordinating the care and treatment visits of the patient.

(4) A health care practit ioner shall provide copies of a patient’s treatment plan to (

a) the patient’s insurer; (

b) all health care practitioners providing treatment to the patient; and (

c) the patient.

(5) Before tr eating a patient under the protocols, a health care practitioner shall ask the patient if any other health care practitioner has been contacted about the patient’s injury and, where other health care practitioners have been contacted, the health care practitioner shall (

a) document any actions taken by the other health care practitioners; and (

b) contact the patient’s insurer to ensure no other treatment plan has been submitted or is anticipated. 20.

(1) Where a patient has been diag nosed and treated under the protocols for a single injury, only one visit to a health care practitioner for assessment of the patient's injury is authorized.

(2) In addit ion to the assessmen t v isit authorized under subsection (1), the maximum number of vi sits authorized for the treatment of a single injury under the protocols is prescribed in the following table: Single Injury Diagnosed Total Number of Visits Authorized first or second degree strain or sprain combined total of 10 visits to a physiotherapist, chiropractor or adjunct therapist third degree strain or sprain combined total of 21 visits to a Maximum number of visits authorized for treatment under protocols – single injury

375 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 physiotherapist, chiropractor or adjunct therapist whiplash associated disorder I injury combined total of 10 visits to a physiotherapist, chiropractor or adjunct therapist whiplash associated disorder II injury combined total of 21 visits to a physiotherapist, chiropractor or adjunct therapist 21.

(1) Where a patient is diagnosed and treated under the protocols for 2 or more injuries from a single accident, only one visit to a health care practitioner for assessment of the patient's injury is authorized.

(2) In addition to the assessment visit authorized under subsection (1), the maximum number of visits authorized for the treatment of 2 or more injuries under the protocols is prescribed in the following table: Multiple Injuries Diagnosed Total Number of Visits Authorized A 2 or more of • first degree strain • second degree strain • first degree sprain • second degree sprain • whiplash associated disorder I injury combined total of 10 visits to a physiotherapist, chiropractor or adjunct therapist B one or more of the injuries in row A plus one or more of • third degree strain • third degree sprain • whiplash associated disorder II injury combined total of 21 visits to a physiotherapist, chiropractor or adjunct therapist C 2 or more of • third degree sprain • third degree strain • whiplash associated disorder II injury combined total of 21 visits to a physiotherapist, chiropractor or adjunct therapist Maximum number of visits authorized for treatment under protocols – multiple injuries

376 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 22.

(1) Notwithstanding

section 2 0 or 21 , a visit to the following adjunct therapists shall not count towards the maximum number of visits authorized for the treatment of a strain, sprain or whiplash associated disorder injury: (

a) a dentist; (

b) an occupational therapist; and (

c) a psychologist.

(2) The maximum amount of expenses payable or recoverable in relation to treatment from one or more of the adjunct therapists referred to in subsection (1) shall not exceed $1000. 23. Where after an asses sment, a physiotherapis t o r a chiropractor diagnoses an injury as one to which these protocols do not apply, the assessment may be claimed under these regulations. 24.

(1) A health care practitioner may authorize a single visit by a patient to an injury management consultant of the health care practitioner’s choice for an assessment of the patient's injury where the health care practitioner (

a) is uncertain (

i) about an injury to which the protocols apply, or (ii) about the diagnosis or treatment of the injury; or (

b) requires another opinion or report because the health care practitioner believes that the injury (

i) is not resolving appropriately, or (ii) is not resolving within the time expected.

(2) A health care practitione r s hall seek to reassess a patient where (

a) the patient is dia gnosed with a sprain, strain, whiplash associated disorder I injury or whiplash associated disorder II injury; and Limits for treatment by adjunct therapists Assessment of injury to which protocols do not apply Referral to injury management consultant

377 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

b) the patient has any alerting factors that may in fluence prognosis.

(3) Following a reassessment under subsection (2), where the patient's injury is not resolving, a health care practitioner shall authorize a single visit by the patient to an injury management consultant for an assessment and report.

(4) On a visit authoriz ed under subsection (1) or (3), an injury management consultant shall complete an assessment and prepare a report that shall include one of the following: (

a) advice about the diagnosis or treatment of the patient; or (

b) a recommendation for a multi -disciplinary assessment of the injury, or an aspect of the injury, a nd the health care practitioners that should be included in that assessment.

(5) The visit and the costs and expenses related to an assessment and report by an injury management consultant u nder subsection (4 ) may be claimed under these regulations.

(6) The visit to an injury management consultant under this

section shall not count towards the maximum number of visits authorized under

section 20 or 21.

(7) Notwithstanding anything in these regulations, where approved by an insurer, a health care practitioner may refer a patient for a visit to an injury management consultant for an assessment and report under this

section (

a) after the time period referred to in paragraph 6(1)(b); or (

b) after the maximum number of visits authorized under

section 20 or 21 has been reached.

(8) Other than a visit, assessmen t and report authorized under this section, a further visit to or an assessment or report by an injury management consultant in respect of the same injury is not authorized under these regulations unless approved by the insurer.

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PART III INJURY MANAGEMENT CONSULTANTS REGISTER 25.

(1) The superintendent shall establish and maintain a register of injury management consultants.

(2) The superintendent shall ensure that the IMC regist er is published in a form and manner that is accessible to the public. 26. The s uperintendent may enter a person on the IMC register where (

a) the person requests t he superintendent enter the person on the IMC register; (

b) the person provides the superintendent with proof, satisfactory to the superintendent, that the person is experienced in rehabilitation and disability management; and (

c) the superintendent conf irms with the following bodies that the person is an active pract ising member of that person’s profession in good standing: (

i) for a medical practitioner, the College of Physicians and Surgeons of Newfoundland and Labrador, (ii) for a chiropractor, the Newfoundland and Labrador Chiropractic Board, (iii) for a physio therapist, the Newfoundland and Labrador College of Physiotherapists, (iv) for a dentist, the Newfoundland and Labrador Dental Board, and (

v) for a nurse practitioner , the College of Regist ered Nurses of Newfoundland and Labrador. 27.

(1) A person entered on the IMC register shall notify the superintendent where the person no longer meets the requirements prescribed in

section 26. Register established Eligibility requirements Ceasing to be an injury management consultant

379 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24

(2) A person ceases to be an injury management consultant where (

a) the perso n no longer meets the requirement s prescribed in

section 26; and (

b) the s uperintendent removes the person’s name from the IMC register.

PART IV CLAIMS AND PAYMENT OF CLAIMS 28. Sections 29 to 35 prevail in respect of any i nconsistency or conflict between these sections and a contract that provides accident benefits. 29.

(1) A patient or a health care practitioner may not make a c laim under these regulations unless (

a) the patient has completed a claim form that inc ludes the following information: (

i) details of the injury, and (ii) details of the accident that are within the pe rsonal knowledge of the patient; and (

b) the insurer has received the completed claim form.

(2) The completed claim form required under s ubsection (1) shall be sent to the insurer no later than (a) 10 business days after the date of the accident; or (

b) where the insurer has determined that the deadline in paragraph (

a) is n ot reasonable, within the timeframe set by the insurer.

(3) A pa tient may appeal a determination of an insurer under paragraph (2)(

b) to the superintendent where the patient believes the insurer has not adequately considered the patient's circumstances. Priority of sections 29 to 35 Claims Decision by insurer

380 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 30.

(1) No later than 5 business days after receiving a completed claim form, an insurer shall notify the applicant in writing that the insurer (

a) approves the claim; or (

b) refuses the claim, including the in surer's reason for refu sing the claim.

(2) An insurer may only refuse a claim for the f ollowing reasons: (

a) the person who suffered the injury is not an insured person under a contract that provides accident benefits; (

b) the insurer is not liable to p ay as a result of an ex clusion contained in the Special Provisions,

Definitions and Exclusions of a contract that provides accident benefits; (

c) there is no contract of insurance in existence that applies with respect to the person who suffered the injury; or (

d) the injury was not caused by an accident arising out of the use or operation of an automobile. 31. Where an insurer does not notify the applicant in accordance with

section 30, the insurer (

a) is deemed to have approved the claim; and (

b) is liable to pay the claim under

section 33. 32.

(1) An insurer that approves a claim, or is deemed to have approved a claim , may subsequently deny liability in accordance with subsections (2) and (3).

(2) An insurer may only refuse a claim under subsection (1) for the reasons prescribed in subsection 30(2).

(3) An insurer may deny liability by sending a notice, in writing, including the reasons why the claim is denied to the following persons: (

a) the patient; and Failure of insurer to respond Subsequent denial of liability

381 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

b) every person authorized under the claim form that (

i) the patient is authorized to visit, or (ii) is authorized to provide services or supplies to the patient.

(4) A notice of denial under this

section takes effect on the da te it is received by th e patient and, on and after the date the patient receives the notice of denial, the insur er is not liable to pay any future claim under these regulations relating to the patient's injuries. 33.

(1) A servic e, supply, treatment, t esting, medication, or other activity or function authorized under these r egulations may be the subject of a claim under subsection (2).

(2) An insurer shall pay a claim that is authorized by these regulations or authorized by a he alth care practitioner or injury management consultant under these regulations no later than 30 days after receiving a claim, provided that (

a) where the claim is submitted by a health care practitioner, injury management consultant or an adjunct therapis t, the claim is also verified by the patient; or (

b) where the claim is submitted by th e patient, the claim includes (

i) a receipt for the benefit provided, and (ii) satisfactory evidence that the claim is authorized by these r egulations or a health car e practitioner under these regulations. 34. A notice required or permitted under this Part may be (

a) delivered personally; (

b) mailed; (

c) faxed; or Making and paying claims Sending notices

382 The Newfoundland and Labrador Gazette June 21, 2024 Automobile Accident Diagnostic and Treatment Protocols Regulations 36/24 (

d) transmitted by e -mail if both parties have agreed to this method of sending and receiving notices. 35. Where a person has a claim under the protocols a nd a claim under a contract that provides accident benefits , the claimant shall comply with these regulations and the provisions of the accident benefits, according to the claim or claims made. 36. These regulations shall come into force on the date

section 6 and subsection 10(5) of the Automobile Insurance (Amendment) Act , SNL 2019, c.14 come into force. ©King's Printer Multiple claims Commencement

383 The Newfoundland and Labrador Gazette June 21, 2024 NEWFOUNDLAND AND LABRADOR REGULATION 37/24 Fire Ban Proclamation under the Forestry Act (Filed June 21, 2024) Under the authority of

section 99 of the Forestry Act, I proclaim a fire ban for all areas of the province. Dated at St. John’s, June 21, 2024 Elvis Loveless Minister of Fisheries, Forestry and Agriculture PROCLAMATION The setting of fires on forest land or w ithin 300 metres of f orest land is prohibited in all areas o f the province except under the following conditions when the fire weather index is not very high or extreme: 1. The fire is set in an outdoor wood burning unit that (

a) is made entirely of non-combustible materials;

384 The Newfoundland and Labrador Gazette June 21, 2024 Fire Ban Proclamation 37/24 (

b) completely contains the fire; (

c) is screened to prevent the escape of sparks or other burning material; (

d) rests on legs or supports and is placed on mineral soil or non-combustible material having a surface area of not less than 1.5 square metres; and (

e) is located not less than 3.5 metres from the nearest woods, brush or other flammable material. 2. The fire is set in an incinerator unit (

a) that (

i) completely contains the fire, (ii) is screened to prevent the escape of sparks or other burning material, (iii) is located on private property and not less than 15 metres from the nearest woods, brush or other flammable material, and (iv) is in good work ing order and an attendant is on site where the fire weather index is high; and (

b) all incinerator ash is totally extinguished before being discarded on mineral soil not less than 15 metres from the nearest woods, brush or other flammable material. The fire ban does not apply to the following: 1. A fire set in an indoor wood stove provided the chimney or stove pipe is screened to prevent the escape of sparks or other burning material. 2. A fire set using a gas, kerosene, alcohol, propane or charcoal burning unit provided that (

a) the unit is not used within 3.5 metres of any woods, brush or other flammable material; and

385 The Newfoundland and Labrador Gazette June 21, 2024 Fire Ban Proclamation 37/24 (

b) all coals from a charcoal burning unit are totally extinguished before being discarded and are not discarded in any manner which may start a fire. 3. A fire set using a match or cigarette lighter for the purpose of lighting a cigarette, cigar or pipe provided that the person lighting or smoking the cigarette, cigar or pipe is not in motion. The ban shall continue in force until July 31, 2024. ©King's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024 387 Index

PART I Highway Traffic Act – Notice ...................................................................................................................................235 Lands Act – Notices ...................................................................................................................................................240 Mineral Act – Notice .................................................................................................................................................238 Quieting of Titles Act – Notice ..................................................................................................................................242 Trustee Act – Notice .................................................................................................................................................244 Urban and Rural Planning Act, 2000 – Notice ........................................................................................................240

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No.

An Act to Amend the Automobile Insurance Act Proclamation bringing

section 6 and subsection 10(5) of the Act into force [In force December 2, 2024] NLR 35/24 New Jun. 21/24 p. 355 Automobile Insurance Act Automobile Accident Diagnostic and Treatment Protocols Regulations [In force December 2, 2024] NLR 36/24 New Jun. 21/24 p. 357 Forestry Act Fire Ban Proclamation NLR 37/24 New Jun. 21/24 p. 383

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For quotes please contact the Office of the King’s Printer kingsprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 388 THE NEWFOUNDLAND AND LABRADOR GAZETTE June 21, 2024388

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2024-06-21
Type	gazette
Volume / chapter	nlg20240621
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	16cd76f1ee7c32ad9a5f929ab2f13a069dee7da5

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