Newfoundland and Labrador Gazette, Part I — 19 December 2003, Vol. 78, No. 51 — Mineral Act Notice; Urban and Rural Planning Act Notice of Registration

NLG 2003-12-19

Newfoundland and Labrador — Gazette

757 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 78 ST. JOHN'S, FRIDAY, DECEMBER 19, 2003 No. 51 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 3405 held by Atlantis Exploration Inc. situate near Micmac Lake, Baie Verte Penin. on map sheet 12H/ 9 Mineral Licence 7644M, 7645M held by Gallery Resources Limited situate near Cabot Lake on map sheet 14D/ 2 Mineral Licence 7647M held by South Coast Ventures Inc situate near Gills Pond, Central NL on map sheet 12A/10 Mineral Licence 7653M held by Black Bart Prospecting situate near Great Rattling Bk, Central NL on map sheet 2D/12 Mineral Licence 7669M held by Omya (Canada) Inc. situate near Roddickton, Northern Peninsula on map sheet 12I/16 Mineral Licence 7672M held by South Coast Ventures Inc situate near Gills Pond, Central NL on map sheet 12A/10 Mineral Licence 7674M, 7675M, 7676M held by South Coast Ventures Inc situate near Gills Pond, Central NL on map sheet 12A/10 Mineral Licence 7686M held by Trinity Resources & Energy Limited situate near Old Bay, Southern NL on map sheet 1M/12 Mineral Licence 8176M held by Celtic Minerals Ltd situate near Fair Haven, Avalon Peninsula on map sheet 1N/12 Mineral Licence 8180M held by Hudson Bay Exploration and Development Company Limited situate near Tasialuk River on map sheet 14D/15 Mineral Licence 8181M held by Derek R.

White

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 19, 2003 758 situate near Black Duck, Western NL on map sheet 12B/ 9 Mineral Licence 9061M held by Phil Dwyer situate near Riverdale, Avalon Peninsula on map sheet 1N/ 6 Mineral Licence 9063M held by Candor Ventures Corp. situate near Mobile Big Pond, Avalon Pen on map sheet 1N/ 7 Mineral Licence 9065M held by Alec Turpin situate near Recontre, Southern NL on map sheet 1M/11 Mineral Licence 9064M held by Alexander J.

Turpin situate near North West River, Southern NL on map sheet 1M/14 Mineral Licence 9066M held by William Dancey situate near Powder Hill Pond, Eastern NL on map sheet 2F/ 4 Mineral Licence 9069M held by Leonard Muise situate near Cold Brook, Western NL on map sheet 12B/ 9 Mineral Licence 9070M held by Donald J. Cormier situate near Cold Brook, Western NL on map sheet 12B/ 9 Mineral Licence 9071M held by Derek R. White situate near Long Gull Pond, Western NL on map sheet 12B/ 9 Mineral Licence 9072M held by Vance W.

Green situate near Long Gull Pond, Western NL on map sheet 12B/ 9 Mineral Licences 9075M, 9076M, 9077M, 9078M held by Lloyd S.

Hicks situate near Alexis River on map sheet 13A/ 9 Mineral Licence 9079M held by Ronald Sweetapple situate near Glovertown, Eastern NL on map sheet 2C/12 Mineral Licence 9085M held by Don Hawco situate near ShoulderBlade Lk, Central NL on map sheet 12A/ 9 Mineral Licence 9090M held by Ronald Sweetapple situate near Alexander Bay, Eastern NL on map sheet 2C/12 A portion of licence 8343M held by Northstar Exploration Limited situate near Port Manvers on map sheet 14F/ 3, 14F/ 4 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 6988M held by Roland Quinlan situate near Wild Bight, Central NL on map sheet 2E/10 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 9791M held by Altius Resources Inc. situate near Paradise Lake,Central NL on map sheet 2D/13, 2D/12 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 8255M held by Altius Resources Inc. situate near Northwest Gander,Central NL on map sheet 2D/11, 2D/12, 2D/ 5, 2D/ 6 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 8254M held by Altius Resources Inc. situate near Northwest Gander,Central NL on map sheet 2D/11 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 9788M held by Altius Resources Inc. situate near Burnt Lake, Central NL on map sheet 2E/ 7, 2E/ 2 more particularly described in an application on file at Dept. of Mines and Energy .

The lands covered by this notice

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 19, 2003 759 except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in Consolidated Newfoundland and Labrador Regulations 1143/96 and Newfoundland and Labrador Regulation 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 Manager - Mineral Rights File #: 771: 1532 774: 0432, 3615, 4026, 4027, 4030, 4035, 4037, 4039, 4048, 4373, 4377, 4378, 4420, 4421, 4434, 4928, 4930, 4931, 4932, 4935, 4936, 4937, 4938, 4941, 4942,4946, 4950 Dec 19 CO-OPERATIVES ACT CANCELLATION OF REGISTRATION The Registrar of Co-operatives has, pursuant to the Co- operatives Act ,

Chapter C-35.1, S.N.L. 1998, s. 134, cancelled the Registration of the following co-operatives: 292 - Carol Wabush Co-operative Society Limited, Labrador City, NL Incorporated - 1970 330 - Venture Housing Co-operative Society Limited, St. John’s, NL Incorporated - 1981 335 - Concord Housing Co-operative Society Limited, St. John’s, NL Incorporated - 1981 349 - Harmony Housing Co-operative Society Limited, St.

John’s, NL Incorporated - 1982 352 - Heritage Housing Co-operative Society Limited, Mount Pearl, NL Incorporated - 1983 DOUGLAS LAING Registrar of Co-operatives for the Province of Newfoundland and Labrador Dec 19 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF CORMACK DEVELOPMENT REGULATIONS AMENDMENT NO. 6, 2003 Take notice that the Town of Cormack Development Regulations Amendment No. 6, 2003, adopted on the 21st day of October, 2003, has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpose of Development Regulations Amendment No. 6, 2003 are:

a) to allow accessory buildings to be erected closer to public road than a dwelling, which is useful where dwellings are well set back from a road, and it is desirable to have an accessory building closer to the road than a dwelling - provided that minimum road setbacks for a given zone are retained;

b) to alter the definition of Lot Frontage to accommodate the Crown Land Windbreak;

c) to relax the maximum dw elling setback requirements in the Agriculture and Rural Zones because a farmer may wish to place his or her dwelling fairly close to certain of his or her operations and this could necessitate a dwelling being located outside the maximum allowable setbacks. The Cormack Development Regulations Amendment No. 6, 2003 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 Cormack Development Regulations Amendment No. 6, 2003 may do so at the Town Office, Cormack during normal working hours. TOWN OF CORMACK Town Clerk Dec 19

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 19, 2003 760 MUNICIPALITIES ACT, 1999 TOWN OF GRAND FALLS-WINDSOR TAXI REGULATIONS AMENDMENT # 5 The Town of Grand Falls-Windsor Taxi Regulations are hereby amended by adding the following Regulation:- 46

(3) Except as otherwise prescribed in these regulations a vehicle which is being operated by a licensed Daycare Centre or a pre-school is exempt from the provisions of these regulations while transporting children who are entrusted to the care of that Daycare Centre or pre-school. M. PINSENT Town Manager/Clerk Dec 19 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Roy Bellows, late of St. John’s, in the Province of Newfoundland and Labrador, Licensed Practical Nurse, Deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Roy Bellows late of St.

John’s, aforesaid, deceased, are hereby requested to send particulars therein in writing, duly attested to Deanne M. Penney, of PATTERSON PALMER, Scotia Centre, 235 Water Street, P. O. Box 610, St. John’s, Newfoundland and Labrador, Solicitors for the estate of the deceased on or before the 19 January, 2004 after which date the Solicitors will proceed to distribute the said estate, having regard only to the claims which they shall then have had notice. DATED at St. John’s, this 9 th day of December, 2003. PATTERSON PALMER Solicitors for the Estate Per: Deanne M.

Penney ADDRESS FOR SERVICE: 10th Floor, Scotia Centre 235 Water Street, P. O. Box 610 St. John’s, NL A1C 5L3 Dec 19

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 19, 2003 761 CHANGE OF NAME ACT

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 78 ST. JOHN'S, FRIDAY, DECEMBER 19, 2003 No. 51 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 137/03 NLR 138/03 NLR 139/03 NLR 140/03

The Newfoundland and Labrador Gazette December 19, 2003 1253 NEWFOUNDLAND AND LABRADOR REGULATION 137/03 Interim Development Regulations, 2003 under the Urban and Rural Planning Act, 2000 Under the authority of

section 34 of the Urban and Rural Plan- ning Act, 2000, I make the following regulations. Dated at St. John’s, December 9, 2003. Jack Byrne Minister of Municipal and Provincial Affairs REGULATIONS Analysis 1.

Short title 2. Definition 3. Application 4. Development prohibited 5. Applications for develop- ment 6. Conditions for development 7. Permit validity 8. Expiry or cancellation of permit 9. Inspections 10. Appeals 11. Repeal

Schedule 1. These regulations may be cited as the Interim Development Regulations, 2003. 2. In these regulations (a) "Act" means the Urban and Rural Planning Act, 2000"; and

Short title Definition

Interim Development Regulations, 2003 137/03 The Newfoundland and Labrador Gazette December 19, 2003 1254 (b) "area" means a municipal planning area designated under

section 11 of the Act. 3. These regulations shall apply to areas listed in the

Schedule attached to these regulations. 4. A development shall not be carried out by a person, corporation, partnership, association or other organization in an area unless a permit for the development has first been issued by the council or regional authority for that area. 5.

(1) An application for a permit to carry out development in an area (

a) shall be submitted to the council or regional authority for the area; and (

b) shall include plans and speci fications that may be required by the council or regional authority.

(2) A council or regional authority, when considering an appli- cation for a permit to carry out a development, shall not issue a permit for the development of land within an area unless the proposed devel- opment conforms with (

a) criteria set out in these regulations; and (

b) where applicable, a plan for the area referred to the council or regional authority by the Director of Urban and Rural Planning for the department.

(3) In considering an applica tion for a permit, the council or regional authority shall take into account the effect of the development on the overall development of the area and shall consider (

a) the topography, physical condition and natural features of the land; (

b) the use or proposed use of the land and the use of the land in the immediate vicinity; (

c) the number, location, safe ty and convenience of accesses; Application Development prohibited Applications for development

Interim Development Regulations, 2003 137/03 The Newfoundland and Labrador Gazette December 19, 2003 1255 (

d) the design, location and construction of the proposed devel- opment; (

e) the amenity of the surroundings and general appearance; (

f) the adequacy of the method and suitability of the land for the type of water and sewage disposal required; (

g) the adequacy and suitability of the methods proposed for the disposal of waste material; (

h) the shape and size of each lot or parcel of land; (

i) its compliance with the National Building Code of Canada and ancillary codes; and (

j) whether or not the development is contained within limits of established community development.

(4) Notwithstanding subsections (1), (2), and (3) and subject to

section 108 of the Act, these regulations shall not (

a) prevent the completion of a st ructure or the use of land pro- hibited by a plan authorized under the Act where that devel- opment was lawfully commenced before the area was de- fined under

section 11 of the Act, and where that develop- ment is completed within a reasonable time after the coming into force of that plan; (

b) prevent the rebuilding or repair of a building or development prohibited by a plan or a plan referred to a council or re- gional authority by the department if the building or devel- opment suffers damage to an extent less than 50% of its re- placement value provided the owner of the structure within one year of the damage taking place, submits an application for a permit to reconstruct for the same purpose as its origi- nal use at the date the area was defined under

section 11 of the Act and initiates construction of the building not later than one year after receiving that permit; or (

c) prevent the extension of a non-conforming use by an amount not exceeding 50% of the existing floor area provided the council or regional authority is satisfied that appropriate set-

Interim Development Regulations, 2003 137/03 The Newfoundland and Labrador Gazette December 19, 2003 1256 back will be maintained and that there will be no adverse ef- fect on adjoining properties.

(5) An application for a permit that is properly submitted in accordance with the regulations that has not been determined by the council or regional authority within 8 weeks after receipt by the council or regional authority shall be considered to be refused unless an exten- sion of time has been requested by the council or regional authority and agreed upon in writing by the applicant for the permit.

(6) A council or regional authority may (

a) grant a permit, subject to terms and conditions; (

b) grant a permit, without terms and conditions; or (

c) reject an application for a permit, to carry out development made under this section.

(7) Where a permit is rejected or granted under subsection (6), the council or regional authority shall inform the applicant, in writing and with reasons, for the rejection or terms and conditions of that per- mit.

(8) A council or regional authority shall, where it decides to reject a permit or to impose terms and conditions under subsection (6), inform the applicant of his or her right to appeal that decision. 6.

(1) A council or regional authority may impose conditions on a permit issued under

section 5 in the interest of the proper development of an area or a specific locality within an area.

(2) Developments shall be carried out in accordance with condi- tions prescribed under subsection (1).

(3) A council or regional auth ority may cancel a permit for fail- ure by the holder to comply with these regulations or conditions im- posed under the permit. 7.

(1) A permit for a development is valid for a period of one year and may be renewed twice to a maximum duration of 3 years. Conditions for development Permit validity

Interim Development Regulations, 2003 137/03 The Newfoundland and Labrador Gazette December 19, 2003 1257

(2) A permit for development shall not be renewed where con- struction of the development is not initiated within one year of the issu- ance of the permit.

(3) A person whose permit is not renewed in accordance with subsection (2) may make a new appli cation to the council or regional authority for a permit for development.

(4) A permit for the temporary use of land may be issued by a council or regional authority for a period not exceeding 2 years and may be renewed by the council or regional authority where a new ap- plication is made. 8.

(1) A permit may be cancelled by a council or regional authority where (

a) development has commenced or is carried out that is con- trary to terms and conditions imposed under a permit; and (

b) a development permit was issued in error.

(2) Where a permit to develop is cancelled or expires, the coun- cil or regional authority may order the developer or owner to (

a) remove all buildings or erections above ground; (

b) cover or fill all wells or excavations; (

c) landscape or do other things which may be necessary to prevent erosion; and (

d) remove all accesses, and the developer or owner shall carry out the order of the council or regional authority and shall restore the site to its original state to the satisfaction of the council or regional authority. 9. An inspector or other person authorized by a council or regional authority may enter public or private property at a reasonable time for the purpose of making surveys, inspections or obtaining information under these regulations. Expiry or cancella- tion of permit Inspections

Interim Development Regulations, 2003 137/03 The Newfoundland and Labrador Gazette December 19, 2003 1258 10. A decision, action, finding or order of a council or regional authority under these regulations ma y, in accordance with

Part VI of the Act, be appealed to the appeal board which has jurisdiction over the area to which the decision, action, finding or order applies. 11. The Interim Development Regulations , Consolidated New- foundland and Labrador Regulation 1024/96 and Newfoundland and Labrador Regulations 18/98, 64/98, 58/00 and 7/01, are re- pealed. Appeals Repeal

Interim Development Regulations, 2003 137/03 The Newfoundland and Labrador Gazette December 19, 2003 1259

Schedule New-Wes-Valley Municipal Planning Area Port Rexton Municipal Planning Area Postville Municipal Planning Area Sandy Cove Municipal Planning Area St. Lewis Municipal Planning Area ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette December 19, 2003 1261 NEWFOUNDLAND AND LABRADOR REGULATION 138/03 Sandy Cove Municipal Planning Area under the Urban and Rural Planning Act, 2000 (Filed December 11,2003) Under the authority of

section 11 of the Urban and Rural Plan- ning Act, 2000, I define the following area as the Sandy Cove Munici- pal Planning Area. Dated at St. John’s, December 9, 2003. Jack Byrne Minister of Municipal and Provincial Affairs PLANNING AREA All that area within the boundary of the town of Sandy Cove as defined or redefined by an Order-in-Council and published in the Gazette. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette December 19, 2003 1263 NEWFOUNDLAND AND LABRADOR REGULATION 139/03 Labrador Border Zones Rebate Regulations, 2003 No.2 under the Tobacco Tax Act (Filed December 16, 2003) Under the authority of

section 45.2 of the Tobacco Tax Act, I make the following regulations. Dated at St. John’s, December 12, 2003. Loyola Sullivan Minister of Finance REGULATIONS Analysis 1.

Short title 2. Rebate amount 3. Repeal 1. These regulations may be cited as the Labrador Border Zones Rebate Regulations, 2003 No.2. 2. The rebate of tax in Labrador border zones established under

section 9 of the Tobacco Tax Act shall be (

a) for cigarettes, $0.0675 per cigarette; and

Short title Rebate amount

Labrador Border Zones Rebate Regulations, 2003 No.2 139/03 The Newfoundland and Labrador Gazette December 19, 2003 1264 (

b) for tobacco, $0.0636 per gram. 3. The Labrador Border Zones Rebate Regulations, 2003, New- foundland and Labrador Regulation 67/03, are repealed. ©Earl G. Tucker, Queen's Printer Repeal

The Newfoundland and Labrador Gazette December 19, 2003 1265 NEWFOUNDLAND AND LABRADOR REGULATION 140/03 Judgment Interest Order, 2004 under the Judgment Interest Act (Filed December 17, 2003) Under the authority of

section 6 of the Judgment Interest Act, I make the following Order. Dated at St. John’s, December 17, 2003. Thomas W. Marshall, Q.C. Minister of Justice ORDER Analysis 1.

Short title 2. Interest rate 1. This Order may be cited as the Judgment Interest Order, 2004. 2. Effective January 1, 2004, the pre-judgment and post-judgment interest rate shall be 2%. ©Earl G. Tucker, Queen's Printer

Short title Interest rate

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 19, 2003 1267 Index

PART I C h a n g e o f N a m e A c t — N o t i c e.......................................................................... 7 6 1 C o - o p e r a t i v e s A c t — N o t i c e ........................................................................... 7 5 9 M i n e r a l A c t — N o t i c e ................................................................................ 7 5 7 Municipalities Act, 1999 — Notice ...................................................................... 7 6 0 T r u s t e e A c t — N o t i c e ................................................................................ 7 6 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 o f R e g i s t r a t i o n ..................................................... 7 5 9

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Judgment Interest Act Judgment Interest Order, 2004 NLR 140/03 New Dec 19/03, p. 1265 Tobacco Tax Act Labrador Border Zones NLR 139/03 R & S Dec 19/03, p. 1263 Rebate Regulations, 2003, No.2 Extra Dec 16/03 NLR 67/03 Urban and Rural Planning Act, 2000 Interim Development Regulations, 2003 NLR 137/03 R & S Dec 19/03, p. 1253 CNLR 1024/96 Sandy Cove Municipal Planning Area NLR 138/03 New Dec 19/03, p. 1261

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 19, 2003 1268 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen's Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2003-12-19
Type	gazette
Volume / chapter	printer gazette weekly issues 2003 2003 12 19
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	193170ab9493c7b5e92cf53d16e9725812707ce8

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