Newfoundland and Labrador Gazette, Part II — 6 January 2006, Vol. 81, No. 1 — Regulations NLR 1143/96, NLR 1/06

NLG 2006-01-06

Newfoundland and Labrador — Gazette

1 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 81 ST. JOHN’S, FRIDAY, JANUARY 6, 2006 No. 1 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, M-12, RSNL 1990 as amended. Mineral rights to the following mineral licenses have reverted to the Crown: A portion of license 007151M Held by Freeport Resources Inc. Situate near Miriam Lake On map sheet 14M/12 more particularly described in an application on file at Department of Natural Resources Note – no lands coming open for staking. Will become part of the Torngat National Park. A portion of license 006006M 006007M Held by Freeport Resources Inc.

Situate near Miriam Lake On map sheet 14M/12 more particularly described in an application on file at Department of Natural Resources Note – no lands coming open for staking. Will become part of the Torngat National Park. Mineral License 007751M Held by Candor Ventures Corp. Situate near Mobile Big Pond, Avalon Peninsula On map sheet 01N/07 Mineral License 007761M Held by Toms, David J. Situate near Bis hops Falls,Central NL On map sheet 02E/03 Mineral License 008195M Held by SVB Nickel Company Ltd Situate near North of Adlatok River On map sheet 13M/09 Mineral License 009098M Held by Altius Resources Inc.

Situate near Burke Brook,Southern NL On map sheet 11O/16 Mineral License 009694M Held by Cornerstone Resources Inc. Situate near Little Hearts Ease,Eastern NL On map sheet 02C/04 01N/13 NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2005 as enacted up to Dec. 13, 2005. Attached is a list of publication dates for the year 2006.

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 6, 2006 2 Mineral License 010245M 010246M 010247M Held by Cramm, David Situate near Peters River, Central NL On map sheet 02E/04 Mineral License 010312M Held by Taylor, William A. Situate near Marystown, Burin Peninsula On map sheet 01M/03 Mineral License 010313M 010314M Held by Lewis, Gary E.

Situate near Peters River,Central NL On map sheet 02E/04 Mineral License 010316M Held by Hutchings, Christopher Situate near Hearts Content,Avalon Peninsula On map sheet 01N/14 Mineral License 010315M Held by Hutchings, Christopher Situate near Winterton,Avalon Peninsula On map sheet 01N/14 Mineral License 010317M Held by O'Keefe, Adrian Situate near Sandy Lake,Central NL On map sheet 02D/12 12A/09 Mineral License 010318M Held by Martin, Edward Situate near Paddys Pond,Avalon Peninsula On map sheet 01N/07 Mineral License 010319M Held by Meskea Consulting Situate near Cape Caribou River On map sheet 13F/07E 13F/10 Mineral License 010327M Held by Oram, Eric Situate near Freshwater Bay,Eastern NL On map sheet 02D/16 02C/13 02C/14 Mineral License 010328M Held by Sweetapple, Walter Situate near Cottel Island,Eastern NL On map sheet 02C/13 02C/14 Mineral License 010329M Held by Sweetapple, Ronald Situate near Cottel Island,Eastern NL On map sheet 02C/13 02C/14 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidated Newfoundland and Labrador Regulations 1143/96 and Newfoundland and Labrador Regulation 71/98, 104/98, 97/2000, 36/2001 and 31/2004 and outlined on 1:50 000 scale maps maintained by the Department of Natura l Resources, 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.

JIM HICHEY, P.Geo Manager - Mineral Rights File # 774:2873, 3042, 4094, 4102, 4382, 4958, 5329, 5692, 5732, 5733, 5734, 5735, 5736, 5737, 5741, 5742, 5743 Jan 6 LANDS ACT NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that the Peter Noel of St. John’s, NL intends to apply to the Department of Environment and Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2)(

e) of the said Act, to that piece of Crown Land situated within fifteen (15) metres of the waters of Clode Sound in the Electoral Distri ct of Terra Nova for the purpose of a wharf and being mo re particularly described as follows: Bounded on the North by Clode Sound for a distance of 5 m; Bounded on the East by Lease (Peter Noel) for a distance of 5 m; Bounded on the South by waters of Hanns Brook for a distance of 10 m; Bounded on the West by Clode Sound for a distance of 10 m; and containing an area of approximately 50 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. For further information regarding the proposed application, please contact Peter Noel , Telephone (709) 682-6649. Jan 6

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 6, 2006 3 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ALEXANDER GRANT CHAULK of 362 Bauline Line Extension, Portugal Cove-St. Philip’s, A1M 2W1, in the Province of Newfoundland and Labrador, as follows: To change my name from ALEXANDER GRANT CHAULK to ALEXANDER GRANT KING DATED this 15th day of December, 2005 ALEXANDER CHAULK (Signature of Applicant) Jan 6 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 81 ST. JOHN’S, FRIDAY, JANUARY 6, 2006 No.1 NEWFOUNDLAND AND LABRADOR REGULATION NLR 1/06

The Newfoundland and Labrador Gazette January 6, 2006 3 NEWFOUNDLAND AND LABRADOR REGULATION 1/06 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed January 3, 2006) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following rules. Dated at St. John’s, January 3, 2006. Barry R. Sparkes, Q.C. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 44A R&S RULE 44A ADVANCE PAYMENT OF DAMAGES 44A.01 Advance payment of damages 44A.02 Application 44A.03 Determination of amount 44A.04 Payment 44A.05 Advance payment not a full determination 44A.06 Multiple applications 44A.07 Notice to defendant 44a.08 Rule not exhaustive 2. Commencement

Rules of the Supreme Court, 1986 (Amendment) 1/0 6 The Newfoundland and Labrador Gazette January 6, 2006 4 1 . Rule 44A of the Rules of the Supreme Court, 1986 is repealed and the following substituted: RULE 44A ADVANCE PAYMENT OF DAMAGES Advance payment of damages 44A.01. Before damages are assessed, a judge may order the defendant to make an advance payment to the plaintiff on account of special dam- ages if the court is satisfied that (

a) the defendant against whom the order is sought has admitted liability for all or part of the special damages claimed; or (

b) the plaintiff has obtained judgment against the defendant with damages to be assessed, and, following notice of the plaintiff’s application for advance payment given in accor- dance with rule 44A.07, the defendant has not filed any re- ply taking issue with the special damages, or sought any part thereof, for which the advance payment is sought. Application 44A.02. In any application for an adva nce payment of special damages, the plaintiff must specify, supported by affidavit evidence, the amount and nature of the special damages for which payment is sought. Determination of amount 44A.03.

In determining the amount of an advance payment, the judge may take in to account any circumstan ces that the judge considers rele- vant, including (

a) the amount of special damages already incurred or likely to be incurred before damages are assessed; (

b) any counterclaim by the defendant; (

c) the extent, if any, to which the plaintiff may be found at trial to be contributorily negligent;

Rules of the Supreme Court, 1986 (Amendment) 1/0 6 The Newfoundland and Labrador Gazette January 6, 2006 5 (

d) the extent, if any, to which the plaintiff may be found at trial not to have mitigated the amount of special damages; and (

e) the needs and resources of the plaintiff and the means of the defendant, including the availability to the defendant of in- surance to indemnify the defendant in respect of the plain- tiff’s claim. Payment 44A.04. The judge may order that payment under rule 44A.01 may be made by lump sum, by instalment, or by both. Advance payment not a full determination 44A.05.

An order for an advance payment of special damages is not a final determination of the extent of the plaintiff’s claim in respect of the type or types of special damages for which the advance payment was sought, but the receipt by the plaintiff of an advance payment shall be considered to be a release of the defendant to the extent of such pay- ment. Multiple applications 44A.06. A plaintiff may make more than one application pursuant to this rule. Notice to defendant 44A.07.

Where a plaintiff obtains a judgment by default against a de- fendant with damages to be assessed, the plaintiff shall, notwithstand- ing rule 16.07, serve the defendant with notice of an application for an advance payment under this rule.

Rules of the Supreme Court, 1986 (Amendment) 1/0 6 The Newfoundland and Labrador Gazette January 6, 2006 6 Rule not exhaustive 44A.08. Nothing in this rule affects or precludes the right of a plaintiff to seek an advance payment of damages pursuant to the Automobile Insurance Act or otherwise at common law. 2. This rule comes into force on January 6, 2006. ©Earl G. Tucker, Queen's Printer Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 6, 2006 7 Index

PART I Change of Name Act – Application ............................................................................................ ................................................... 3 Lands Act – Notice .......................................................................................................... .............................................................. 2 Mineral Act – Notice ........................................................................................................ ............................................................. 1

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. Judicature Act Rules of the Supreme NLR 1/06 Ru le 44A Jan. 6/06 p.3 Court, 1986 (Amdt) R&S

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 6, 2006 8 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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STATUTES OF NEWFOUNDLAND AND LABRADOR 2005 Second Session, 45th General Assembly 54 Elizabeth II, 2005 Bill Act

Chapter 2 Interim Supply Act, 2005 (In force April 1, 2005) 1 3 Supplementary Supply Act, 2004-2005 2 (ASSENTED TO MARCH 24, 2005) 4 Supply Act, 2005 3 25 Supplementary Supply Act, 2004-2005 No. 2 4 5 Tobacco Tax (Amendment) Act (In force March 22, 2005) 5 14 Loan and Guarantee (Amendment) Act, 1957 6 12 Investment Contracts (Repeal) Act 7 6 Literacy Development Council (Repeal) Act (To be proclaimed) 8 15 City of Corner Brook (Amendment) Act, City of Mount Pearl (Amendment) Act, Municipalities (Amendment) Act, 1999 and St.

John’s Assessment (Amendment) Act 9 8 Income Tax (Amendment) Act, 2000 (S.6 in force January 1, 2001 and Ss. 1 - 5 & 7 - 19 in force January 1, 2004) 10 9 Public Service Pensions (Amendment) Act, 1991, Teachers’ Pensions (Amendment) Act and Uniformed Services Pensions (Amendment) Act, 1991 11

2 Bill Act

Chapter * 1 Municipal Elections (Amendment) Act 12 11 Financial Services Appeal Board Act F-9.1 10 Services Charges (Amendment) Act (In force November 1, 2005) 13 17 Rooms Act R-15.1 13 Wild Life (Amendment) Act 14 7 Executive Council (Amendment) Act 15 18 Liquor Corporation (Amendment) Act 16 22 Natural Products Marketing (Amendment) Act and Farm Practices Protection (Amendment) Act 17 28 Labrador Inuit Land Claims Agreement (Amendment) Act (In force when SNL2004 cL-3.1 is proclaimed) 18 31 Canada-Newfoundland And Labrador At- lantic Accord Implementation New- foundland and Labrador (Amendment) Act (In force when SNL2004 cL-3.1 is proclaimed) 19 30 Law Society (Amendment) Act, 1999 20 29 Municipalities (Amendment) Act, 1999 and Municipal Elections (Amendment) Act (Ss. 1, 3 and 4 in force January 1, 2006) 21 27 Insurance Companies (Amendment) Act 22 19 Aquaculture (Amendment) Act 23 21 Medical Act, 2005 (In force July 1, 2005) M-4.01 23 Local Authority Guarantee Act, 2005 (In force June 9, 2004) L-24.2

3 Bill Act

Chapter 34 Victims of Crime Services (Amendment) Act (To be proclaimed) 24 33 Highway Traffic (Amendment) Act and Pro- vincial Offences (Amendment) Act 25 16 Management of Information Act M-1.01 37 City of Corner Brook (Amendment) Act, City of Mount Pearl (Amendment) Act and City of St.

John’s (Amendment) Act 26 35 Buildings Accessibility (Amendment) Act 27 39 Public Service Collective Bargaining (Amendment) Act 28 * 26 Automobile Insurance (Amendment) Act (In force July 1, 2005) 29 38 Lobbyist Registration (Amendment) Act (In force when SNL2004 cL-24.1 is pro- claimed) 30 36 Motorized Snow Vehicles and All-Terrain Vehicles (Amendment) Act 31 * 20 Smoke-Free Environment Act, 2005 (To be proclaimed) S-16.2 (ASSENTED TO MAY 19, 2005) 41 Fishery Products International Limited (Amendment) Act (To be proclaimed) 32 (ASSENTED TO JUNE 24, 2005) 68 Supplementary Supply Act, 2005-2006 33 69 Supplementary Supply Act, 2005-2006 No. 2 34 46 Financial Administration (Amendment) Act 35

4 Bill Act

Chapter 47 Municipal Financing Corporation (Amend- ment) Act 36 49 Insurance Companies Tax (Amendment) Act 37 40 Teachers’ Pensions (Amendment) Act 38 44 Provincial Court (Amendment) Act, 1991 39 * 24 Members of the House of Assembly Retiring Allowances Act (Ss.9, 10 & 11 in force Jan. 1, 1992) M-6.1 * 32 Forestry (Amendment) Act 40 51 Dietitians Act D-23.1 52 Dispensing Opticians Act, 2005 D-25.1 53 Hearing Aid Practitioners Act H-2.01 54 Licensed Practical Nurses Act, 2005 L-12.1 55 Massage Therapy Act, 2005 M-1.2 56 Occupational Therapists Act, 2005 O-4.1 57 Psychologists Act, 2005 P-34.1 58 Optometry (Amendment) Act, 2004 41 59 Pharmacy (Amendment) Act 42 50 Family Violence Protection Act (In force July 1, 2006) F-3.1 45 Workplace Health, Safety and Compensa- tion (Amendment) Act (In force April 1, 2006) 43 60 Denturists Act, 2005 D-7.1 48 Income Tax (Amendment) Act, 2000 No. 2 44

5 Bill Act

Chapter 42 Pippy Park Commission (Amendment) Act (S.9 in force when SNL2004 cT-8.1 is proclaimed) 45 61 Highway Traffic (Amendment) Act 46 67 Public Service Commission (Amendment) Act 47 70 Order of Newfoundland and Labrador (Amendment) Act 48 72 Fish Inspection (Amendment) Act 49 66 Tobacco Health Care Costs Recovery (Amendment) Act 50 63 Memorial University Pensions (Amendment) Act 51 43 Electoral Boundaries (Amendment) Act 52 65 City of St. John’s (Amendment) Act 53 62 Loan and Guarantee (Amendment) Act, 1957 No. 2 54 (ASSENTED TO DECEMBER 13, 2005) * Bills amended in Committee of the Whole House.

In researching the law readers should note that the following Statutes of Newfoundland and Labrador, 2005 include amendments to other Statutes as listed below:

Chapter D-7.1 Denturists Act, 2005 Denturists Act (Repealed)

Chapter D-23.1 Dietitians Act Dieticians Act (Repealed)

Chapter D-25.1 Dispensing Opticians Act, 2005 Dispensing Options Act (Repealed)

Chapter F-9.1 Financial Services Appeal Board Act Insurance Adjusters, Agents and Brokers Act Mortgage Brokers Act Real Estate Trading Act Securities Act

Chapter H-2.01 Hearing Aid Practitioners Act Hearing Aid Dealers Act (Repealed)

Chapter L-12.1 Licensed Practical Nurses Act, 2005 Licensed Practical Nurses Act (Repealed)

Chapter L-24.2 Local Authority Guarantee Act, 2005 - (In force June 9, 2004) Local Authority Guarantee Act, 1957 (Repealed)

Chapter M-1.01 Management of Information Act Archives Act (Repealed)

Chapter M-1.2 Massage Therapy Act, 2005 Massage Therapy Act (Repealed)

Chapter M-4.01 Medical Act, 2005 - (In force July 1, 2005) Medical Act (Repealed)

Chapter M-6.1 Members of the House of Assembly Retiring Allowances Act - (Ss.9, 10 & 11 in force Jan. 1, 1992) House of Assembly Act Pensions Funding Act Members of the House of Assembly Pensions Act (Repealed)

Chapter O-4.1 Occupational Therapists Act, 2005 Occupational Therapists Act (Repealed)

Chapter P-34.1 Psychologists Act, 2005 Psychologists Act (Repealed)

Chapter R-15.1 Rooms Act Historic Resources Act

Chapter S-16.2 Smoke-Free Environment Act, 2005 - (To be proclaimed) Liquor Control Act Smoke-free Environment Act (Repealed) This list was prepared by the Office of the Legislative Counsel. Questions or omissions should be brought to the attention of that Office.

Dept of Government Services Office of the Queen’s Printer The Newfoundland and Labrador Gazette Publication Dates 2006 JANUARY 6/06 Vol 81, No 1.

JANUARY 13/06 Vol 81, No. 2 JANUARY 20/06 Vol 81, No. 3 JANUARY 27/06 Vol 81, No. 4 FEBRUARY 3/06 Vol 81, No. 5 FEBRUARY 10/06 Vol 81, No.6 FEBRUARY 17/06 Vol 81, No. 7 FEBRUARY 24/06 Vol 81, No. 8 MARCH 3/06 Vol 81, No. 9 MARCH 10/06 Vol 81, No. 10 MARCH 17/06 Vol 81, No. 11 MARCH 24/06 Vol 81, No. 12 MARCH 31/06 Vol 81, No. 13 APRIL 7/06 Vol 81, No. 14 APRIL 13/06 Vol 81, No. 15 APRIL 21/06 Vol 81, No. 16 APRIL 28/06 Vol 81, No. 17 MAY 5/06 Vol 81, No. 18 MAY 12/06 Vol 81, No. 19 MAY 19/06 Vol 81, No. 20 MAY 26/06 Vol 81, No. 21 JUNE 2/06 Vol 81, No. 22 JUNE 9/06 Vol 81, No. 23 JUNE 16/06 Vol 81, No. 24 JUNE 23/06 Vol 81, No. 25 JUNE 30/06 Vol 81, No. 26 JULY 7/06 Vol 81, No. 27 JULY 14/06 Vol 81, No. 28 JULY 21/06 Vol 81, No. 29 JULY 28/06 Vol 81, No. 30 AUGUST 4/06 Vol 81, No. 31 AUGUST 11/06 Vol 81, No. 32 AUGUST 18/06 Vol 81, No. 33 AUGUST 25/06 Vol 81, No. 34 SEPTEMBER 1/06 Vol 81, No. 35 SEPTEMBER 8/06 Vol 81, No. 36 SEPTEMBER 15/06 Vol 81, No. 37 SEPTEMBER 22/06 Vol 81, No. 38 SEPTEMBER 29/06 Vol 81, No. 39 OCTOBER 6/06 Vol 81, No. 40 OCTOBER 13/06 Vol 81, No. 41 OCTOBER 20/06 Vol 81, No. 42 OCTOBER 27/06 Vol 81, No. 43 NOVEMBER 3/06 Vol 81, No. 44 NOVEMBER 10/06 Vol 81, No. 45 NOVEMBER 17/06 Vol 81, No. 46 NOVEMBER 24/06 Vol 81, No. 47 DECEMBER 1/06 Vol 81, No. 48 DECEMBER 8/06 Vol 81, No. 49 DECEMBER 15/06 Vol 81, No. 50 DECEMBER 22/06 Vol 81, No. 51 DECEMBER 29/06 Vol 81, No. 52

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2006-01-06
Type	gazette
Volume / chapter	printer gazette weekly issues 2006 2006 01 06
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	245e152e1052e16e0428cf8a89263e814c6fc13e

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