Newfoundland and Labrador Gazette, Part I — 30 May 2008, Vol. 83, No. 22 — Mineral Act Notice; Urban and Rural Planning Act Notice of Registration

NLG 2008-05-30

Newfoundland and Labrador — Gazette

201 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 83 ST. JOHN’S, FRIDAY, May 30, 2008 No. 22 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 007321M Held by Lynch, Deirdre Marie Angela Situate near Cabot Lake On map sheet 14D/02 Mineral License 010993M Held by SVB Nickel Company Ltd Situate near Pants Lake On map sheet 13M/08 Mineral License 011746M Held by Turpin, Andrew A.

Situate near Northwest Cove, Southern NL On map sheet 01M/13 Mineral License 011748M Held by Turpin, Benjamin Situate near Northwest Cove, Southern NL On map sheet 01M/13 Mineral License 011756M Held by Global Gold Uranium, LLC Situate near Grand Lake On map sheet 13F/09 Mineral License 011758M Held by Fraser, Garry B. Situate near Kings Point, Central NL On map sheet 12H/09 Mineral License 012856M Held by Pye, Alison W. Situate near Burke Brook, Southern NL On map sheet 11O/16 Mineral License 013071M Held by Landmark Minerals Inc. Situate near Dunns Mountain, Southern NL On map sheet 01M/15

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 202 Mineral License 013079M Held by 10565 NL Inc Situate near Colville Lake On map sheet 23H/12 Mineral License 013096M Held by White, Jason Situate near Gushues Pond, Avalon Peninsula On map sheet 01N/06 Mineral License 013097M Held by Running Fox R e s o u r c e C o r p . Situate near Monkey Hill On map sheet 13J/15 13J/14 Mineral License 013098M Held by Running Fox R e s o u r c e C o r p . Situate near Kanaikiktok River On map sheet 13K/15 13K/16 Mineral License 013100M Held by Stares, Robert T.

Situate near Strouds Pond Area, Burin Peninsula On map sheet 01M/03 Mineral License 013105M Held by Oxford, Malcolm Situate near Victoria Lake, Central NL On map sheet 12A/06 12A/05 Mineral License 013106M Held by Turpin, Alec Situate near Rogers Cove, Central NL On map sheet 02E/09 Mineral License 013108M Held by Rowsell, Gary Situate near Victoria Lake, Central NL On map sheet 12A/05 Mineral License 013110M Held by Rowsell, Craig Situate near Victoria Lake, Central NL On map sheet 12A/06 12A/05 Mineral License 013111M Held by Rowsell, Craig Situate near Victoria Lake, Central NL On map sheet 12A/05 Mineral License 013112M Held by Rowsell, Craig Situate near Victoria Lake, Central NL On map sheet 12A/05 Mineral License 013113M Held by Rowsell, Craig Situate near Victoria Lake, Central NL On map sheet 12A/05 Mineral License 013114M Held by Rowsell, Craig Situate near Victoria Lake, Central NL On map sheet 12A/05 Mineral License 013115M Held by Rowsell, Craig Situate near Victoria Lake, Central NL On map sheet 12A/05 Mineral License 013116M Held by Courtney, Stephen Situate near Sandy Lake, Central NL On map sheet 12A/09 Mineral License 013126M Held by Roche, Vincent D.

Situate near Castle Ridge, Avalon Peninsula On map sheet 01N/04 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, 97/2000, 36/2001, 31/2004, 78/2006 and 8/2008 and outlined on 1:50 000 scale digital maps maintained by the Department of Natural 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 HINCHEY P.Geo Manager - Mineral Rights File # 774:3810, 4199, 5214, 6763, 6765, 6773, 6775, 7735, 7928, 7936, 7953, 7954, 7955, 7957, 7958, 7959, 7960, 7961, 7962, 7963, 7965, 7967, 7968, 7969, 7970, 7971, 7972, 7973, 7981 May 30 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF RODDICKTON MUNICIPAL PLAN AMENDMENT NO. 9, 2007 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 12, 2007 Take notice that the Town of Roddickton Municipal Plan Amendment No. 9, 2007 and Development Regulations Amendment No. 12, 2007 as adopted on the 17 th day of December, 2007 and approved on the 18 th day of February, 2008, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of the Municipal Plan amendment and the Development Regulations amendment is to place the former A.C. Palmer School into the Commercial designation and zone in order to

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 203 accommodate a mixture of facilities and services, including a youth centre, a “Buck or Two” store a mini- restaurant and other facilities and services, including a mini-putt facility. The Municipal Plan Am endment No.9, 2007 and Development Regulations Amendment No. 12, 2007 come into effect on the day th at this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Roddickton Municipal Plan Amendment No. 9, 2007 and Development Regulations Amendment No.12, 2007 may do so at the Roddickton Town Office during normal working hours.

TOWN OF RODDICKTON Arthur Locke, Town Manager May 30 NOTICE OF REGISTRATION TOWN OF NORMAN’S COVE - LONG COVE MUNICIPAL PLAN AMENDMENTS NOS. 2 &3, 2006 AND DEVELOPMENT REGULATIONS AMENDMENTS NOS. 2 AND 3, 2006 Take notice that the Town of Norman’s Cove - Long Cove Municipal Plan Amendm ents Nos. 2 and 3, 2006 and Development Regulations Amendments Nos. 2 and 3, 2006, as adopted on the 23 rd day of August, 2006 and approved on the 20 th day of September, 2006, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of the Municipal Plan and Development Regulations am endments are to allow additional residential development off Pumbly Cove Park Road and Long Subdivision Road and protect the Town’s water supply area around John Newhook’s Pond. The Municipal Plan Amendm ents Nos. 2 and 3, 2006 and Development Regulations Amendments Nos. 2 and 3, 2006 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Norman’s Cove - Long Cove Municipal Plan Amendments Nos. 2 and 3, 2006 and Development Regulations Amendments Nos. 2 and 3, 2006 may do so at the Norman’s Cove - Long Cove Town Office during normal working hours. TOWN OF HUMBER ARM SOUTH Marion Evoy, Town Clerk May 30 NOTICE OF REGISTRATION TOWN OF HUMBER ARM SOUTH DEVELOPMENT REGULATIONS AMENDMENT NO. 3, 2008 Take notice that the Town of Humber Arm South Development Regulations Amendment No. 3, 2008 as adopted on the 8th day of April, 2008 has been registered by the Minister of Municipal Affairs.

The purpose of this amendm ent is to accommodate windmills, wind turbines and s imilar and related uses in the Rural Resource Zone as a discretionary use. The Development Regulations Amendment No.3, 2008 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 Humber Arm South Development Regulations Amendment No. 3, 2008 may do so at the Humber Arm South Town Office during normal working hours.

TOWN OF HUMBER ARM SOUTH Marion Evoy, Town Clerk May 30 NOTICE OF REGISTRATION TOWN OF SPRINGDALE MUNICIPAL PLAN AMENDMENT NO. 1, 2008 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2008 Take notice that the Town of Springdale Municipal Plan Amendment No. 1, 2008 and the Development Regulations Amendment No. 1, 2008 as adopted on the 11th day of February, 2008 and approved on the 10 th day of March, 2008, have been registered by the Minister of Municipal Affairs.

In general terms, the purpose of the Municipal Plan amendment and the Development Regulations amendment is to allow for general industry and light industry as discretionary uses in the Town Centre Designation and Zone – provided that existing structures are used, there is adequate parking and offstreet loading facilities, and, the development is compatible with the residential, commercial and public uses of the Town Centre designation and zone.

The Municipal Plan Amendment No. 1, 2008 and Development Regulations Amendment No. 1, 2008 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Springdale Municipal Plan Amendment No. 1, 2008 and Development Regulations Am endment No. 1, 2008 may do so at the Springdale Town Office during normal working hours.

TOWN OF SPRINGDALE Daphne Earle, Town Clerk/Manager May 30 LANDS ACT NOTICE OF INTENT LANDS ACT, c36, SNL. 1991 Notice is hereby given that Patrick Payne of Port Saunders, NL intends to appl y to the Department of Environment and Conservati on, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2) of the said Act, to that piece of Crown Land

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 204 situated within fifteen (15) metres of the waters of Port Saunders Harbour, in the Electoral District of St. Barbe for the purpose of fishing block and shed and being more particularly described as follows: Bounded on the North by Residential Land for a distance of 50 m; Bounded on the East by Industrial-Commercial Land for a distance of 35 m; Bounded on the South by Port Saunders Harbour for a distance of 0 m; Bounded on the West by Industrial-Commercial Land for a distance of 15 m; and containing an area of approximately 15 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, c/o Western Regional Lands Office, P.O. Box 2006, Noton Building, Corner Brook, NL A2H 6J8. For further information on the proposed application, please contact Town Office, Port Saunders, Telephone (709) 861-3105.

May30 TRUSTEE ACT ESTATE NOTICE IN THE MATTER of the Estate and Effects of late DAVID WATTS HALLETT, of the Town of Gander, in the Province of Newfoundland and Labrador, Retired Electronics Technician, Deceased.

ALL persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of DAVID WATTS HALLETT, the aforesaid deceased, who died at the Town of Gander, in Province of Newfoundland and Labrador on or about the 12 th day of April 2008, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executors of the Estate on or before the 3rd day of June, 2008 after which date the Executors 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 13th day of May, 2008. BONNELL LAW Solicitor for the Executors PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P. O. Box 563, 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 May23 & 30 ESTATE NOTICE IN THE MATTER of the Estate and Effects of late LEO KENNETH MILLS, of the To wn of Gander, in the Province of Newfoundland and Labrador, Retired Transport Driver, Deceased.

ALL persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of LEO KENNETH MILLS, the aforesaid deceased, who died at the Town of Gander, in Province of Newfoundland and Labrador on or about the 29 th day of February 2008, 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 3 rd day of June, 2008 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 13th day of May, 2008. BONNELL LAW Solicitor for the Executor PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P. O. Box 563, 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 May23 & 30 ESTATE NOTICE IN THE MATTER of the Estate of WILLIAM GERALD LUEDEE, late of the community of St. Andrew’s in the District of St. George’s an d Stephenville East, in the Province of Newfoundland and Labrador, Canada Retired Construction Worker, Deceased.

ALL persons claiming to be creditors of or who have any claims or demands either as beneficiaries or next of kin (by blood, legal adoption or marriage) upon or affecting the Estate of WILLIAM GERALD LUEDEE, retired Construction Worker, deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Executrices of the Estate of the said deceased on or before the 30 th day of June, 2008 after which date the said Executrices will proceed to distribute the Estate having re gard only to the claims of which they then shall have had notice.

DATED at the Town of Channel-Port aux Basques, Newfoundland and Labrador, this 22 nd day of May, 2008. MARKS &PARSONS Solicitors for the Executrices PER: Andrew K. Parsons

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 205 ADDRESS FOR SERVICE P.O. BOX 640, 3-9 Barhaven Drive Channel-Port aux Basques, NL A0M 1C0 Tel: (709) 695-7338/7341 Fax: (709) 695-3944 May 30 CORPORATIONS ACT Corporations Act -

Section 393 Local Incorporations For the Month of: April 2008 Date Number Company Name 2008-04-01 57829 57829 NEWFOUNDLAND AND LABRADOR LIMITED 2008-04-01 57828 C AND S SNOWCLEA RING LTD. 2008-04-01 57831 CCR CONTRACTING INC. 2008-04-01 57825 JUNIOR HOLDINGS LTD. 2008-04-01 57830 KENNEDY'S DISPOSAL SERVICES LTD. 2008-04-01 57827 MEDICAL ENHANCEMENT SYSTEMS INC. 2008-04-01 57826 NEWFOUNDLAND & LABRADOR BUSINESS COALITION INC. 2008-04-01 57812 BBJ Development Inc. 2008-04-01 57815 Beothuck Mining Ltd. 2008-04-01 57822 Fermeuse Sea Products and Offloading Services Inc. 2008-04-02 57845 57845 NEWFOUNDLAND & LABRADOR INC. 2008-04-02 57835 BURNSIDE COMMUNITY ASSOCIATION INC. 2008-04-02 57836 TERRENCEVILLE COMMUNITY CENTER CORP. 2008-04-02 57832 Peckford Holdings Inc. 2008-04-02 57834 Burin Peninsula Environmental Reform Committee Inc. 2008-04-03 57848 57848 NEWFOUNDLAND AND LABRADOR LIMITED 2008-04-03 57850 AJAR AUTO SALES INC. 2008-04-03 57853 CHARMED HAIR SALON INC. 2008-04-03 57854 CMG INSURANCE BROKERS INC. 2008-04-03 57852 JNS IMPORTERS INC. 2008-04-03 57851 M M & R CONSULTING INC. 2008-04-03 57849 MOVING VEHICLES SALES LTD. 2008-04-03 57847 NEWFOUNDLAND AND LABRADOR SPORTS CENTRE INC. 2008-04-03 57837 Rock Insurance Brokers, Inc. 2008-04-03 57838 57838 NEWFOUNDLAND AND LABRADOR LIMITED 2008-04-03 57839 Salem Holdings Inc. 2008-04-03 57840 Visu Tech Limited 2008-04-04 57860 57860 NEWFOUNDLAND AND LABRADOR LIMITED 2008-04-04 57865 CROW HEAD CONSTRUCTION LTD 2008-04-04 57863 DYNAMIC SOUNDS MUSIC STUDIO INC. 2008-04-04 57864 NORTHERN FISHING SUPPLIES LIMITED 2008-04-04 57857 Brookfield Plains Inc. 2008-04-06 57858 c2c theatre Inc. 2008-04-07 57876 57876 NEWFOUNDLAND & LABRADOR INC. 2008-04-07 57875 B AND H HOLDINGS LIMITED 2008-04-07 57873 BRAD SPARKES HOLDINGS LIMITED 2008-04-07 57870 CANADIAN GLOBAL MARITIME DEVELOPERS INC 2008-04-07 57874 HARBOUR AUTHORITY OF PACQUET INC. 2008-04-07 57872 IDANCE SHAWN SILVER IRISH DANCING, INC. 2008-04-07 57869 JERRY'S CONVENIENCE STORE INC. 2008-04-07 57871 THRUM ENERGY INC. 2008-04-07 57868 WOODCREST ENTERPRISES INC. 2008-04-07 57866 SEACON SERVICES INC. 2008-04-08 57882 57882 NEWFOUNDLAND & LABRADOR INC. 2008-04-08 57887 LABRADOR COASTAL DRIVE TOURISM ASSOCIATION INCORPORATED 2008-04-08 57883 LBG HOLDINGS LIMITED 2008-04-08 57885 ROCK MANUFACTURING INC 2008-04-08 57884 ROSYNERGY HOLDINGS INC. 2008-04-08 57886 ST.

JACQUES COMMUNITY CENTER CORP 2008-04-08 57881 THE FOGO ISLAND ARTS RESIDENCY CORPORATION 2008-04-08 57878 57878 NEWFOUNDLAND & LABRADOR INC. 2008-04-08 57879 SPOR Offshore Inc. 2008-04-09 57896 CAMCO PROPERTIES INC. 2008-04-09 57894 CORNER BROOK MECHANICAL CONTRACTORS INC. 2008-04-09 57895 PLATO GROUP

(2008) INC. 2008-04-09 57893 ROCK DRYWALL L I M I T E D 2008-04-09 57888 Probuck Construction Inc. 2008-04-09 57889 LabWest Concrete & Equipment Inc. 2008-04-10 57901 57901 NEWFOUNDLAND & LABRADOR INC. 2008-04-10 57902 BDL ENTERPRISES LIMITED 2008-04-10 57900 KCPM CONSULTING INC. 2008-04-10 57899 NFLD.

REAL ESTATE INVESTMENT CORPORATION 2008-04-10 57897 OMEGA GLOBAL GURU INC. 2008-04-10 57898 DPO Broadcasting Inc. 2008-04-11 57905 BAY OF ISLAND'S YOUTH JUSTICE COMMITTEE INC. 2008-04-11 57906 COPASETIC BY PRODUCTIONS INC. 2008-04-11 57908 EAST COAST SPORT INC 2008-04-11 57907 NORTH WEST ARM ENTERPRISES LTD. 2008-04-11 57909 OLD TILT CONSTRUCTION INC 2008-04-11 57904 SHIPASHTUK INNU ENTERPRISE INC. 2008-04-11 57903 Quality Cabinetry & Carpentry Ltd.

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 206 2008-04-14 57915 HARBOUR AUTHORITY OF GARDEN COVE INC 2008-04-14 57916 MERCER'S PAINTING & DECORATING INC. 2008-04-14 57912 NORTHEAST ELECTRIC LTD. 2008-04-14 57913 TASTE EAST INC. 2008-04-14 57914 VHL ENTERPRISES INC. 2008-04-15 57911 Total Coverage Fire Protection Inc. 2008-04-15 57917 Podium Digital Media Inc. 2008-04-16 57929 LI SUPPLIES LTD. 2008-04-16 57931 STRAIGHTLINE CONSTRUCTION LTD. 2008-04-16 57930 STRAIGHTLINE LEASING CORP. 2008-04-16 57933 T.G.K.

CONSTRUCTION LTD. 2008-04-16 57928 TECHNOLOGY FOR PEOPLE GROUP INC. 2008-04-16 57932 XTREME RENOS & CONSTRUCTION LTD. 2008-04-16 57921 EASTERN EDGE VACATION RENTALS LTD 2008-04-16 57922 Red Rocket Amusements, Ltd. 2008-04-16 57925 DOWNEAST CONTRACTING LTD 2008-04-16 57926 Deer Lake Self Storage Inc. 2008-04-16 57927 Griffin Equity Trading Group Inc. 2008-04-17 57936 FRESHWATER CONVENIENCE CAFE & DELI LTD. 2008-04-17 57937 JEROME POWER CONSULTING LTD. 2008-04-17 57939 OPTIMUM RISK MANAGEMENT INC. 2008-04-17 57938 PORTECO VENTURES LTD. 2008-04-18 57948 57948 NEWFOUNDLAND & LABRADOR INC 2008-04-18 57951 BIG DADDY'S TRUCKS AND TOYS INC 2008-04-18 57952 FISH 24 7 INTERNATIONAL LTD. 2008-04-18 57950 KILBRIDE AUTO SERVICES LTD. 2008-04-18 57947 N & W CONSTRUCTION LTD. 2008-04-18 57949 RWL HOLDINGS LIMITED 2008-04-18 57940 Cobra Construction and Development Ltd. 2008-04-18 57941 Dish It Out Catering Inc. 2008-04-18 57942 M & S Discount Foods Ltd. 2008-04-19 57945 Coffee in Paradise Inc. 2008-04-21 57946 Morgan's Custom Autos & Property Inc. 2008-04-22 57958 57958 NEWFOUNDLAND AND LABRADOR INC. 2008-04-22 57962 57962 NEWFOUNDLAND AND LABRADOR LIMITED 2008-04-22 57959 M & L DEVELOPING INC. 2008-04-22 57961 NAVILLUS TRUSS DESIGN INC. 2008-04-22 57960 NEWFOUNDLAND VIDEO CONFERENCE INC. 2008-04-22 57957 SANDY LAKE LODGE OUTFITTERS LIMITED 2008-04-22 57963 TLC HOLDINGS INC. 2008-04-22 57956 Western Newfoundland Equestrian Club Inc. 2008-04-23 57972 57972 NEWFOUNDLAND AND LABRADOR INC. 2008-04-23 57977 BURGEO ALTERNATIVE MEASURES INC. 2008-04-23 57974 CHASE HOLDINGS LIMITED 2008-04-23 57973 COMMUNITY OF HEARTS FELLOWSHIP INC. 2008-04-23 57969 57969 NEWFOUNDLAND & LABRADOR CORPORATION 2008-04-23 57970 N & J Contracting Inc 2008-04-24 57986 J.O.B.

CONTRACTING LTD. 2008-04-24 57987 NEWLAB RESTAURANT & JANITORIAL SUPPLIES INC. 2008-04-24 57984 NORTH EAST AVALON ARENA REGIONAL BOARD INC. 2008-04-24 57982 RIVER OF ROSES LOUNGE INCORPORATED 2008-04-24 57971 57971 NEWFOUNDLAND & LABRADOR INC. 2008-04-24 57980 Birchy Enterprises Inc. 2008-04-25 57992 57992 NEWFOUNDLAND AND LABRADOR LIMITED 2008-04-25 57990 BROTHERS TWO FISHERIES LTD. 2008-04-25 57993 EAGLERIDGE RESOURCES INC. 2008-04-25 57991 QUALITY PAVING AND LANDSCAPING LIMITED 2008-04-25 57989 X-ACT WELL SOLUTIONS INC. 2008-04-25 57988 Double B Investments Ltd. 2008-04-28 57998 AAZY CONSTRUCTION INC. 2008-04-28 57996 PETROFORMA INC. 2008-04-28 57997 SHATSHAMEU BITING FLY MANAGEMENT INC. 2008-04-28 57995 THE MUSIC ROOM & SEWING NOOK INC. 2008-04-29 58008 58008 NEWFOUNDLAND AND LABRADOR LIMITED 2008-04-29 58010 A & D GREENHOUSE LIMITED 2008-04-29 58009 ENVIRONMENTAL IDEAS INC. 2008-04-29 57999 C & R Heritage Ltd. 2008-04-29 58000 kitchen party tours ltd. 2008-04-29 58006 Glenn Decker Contracting Ltd. 2008-04-30 58015 58015 NEWFOUNDLAND & LABRADOR INC. 2008-04-30 58016 58016 NEWFOUNDLAND & LABRADOR INC. 2008-04-30 58017 58017 NEWFOUNDLAND & LABRADOR INC. 2008-04-30 58018 58018 NEWFOUNDLAND & LABRADOR INC. 2008-04-30 58019 58019 NEWFOUNDLAND AND LABRADOR LIMITED 2008-04-30 58022 ARCTIC CATCH INC. 2008-04-30 58020 BNB MOREY FISHERIES LTD. 2008-04-30 58024 INDUSTRIAL ELECTRICAL & HEAT TREATMENT SERVICES INCORPORATED 2008-04-30 58021 R.

I. CONSTRUCTION LTD. 2008-04-30 58023 TNC INSPECTION INC. 2008-04-30 58011 MI-Visul Inspection Ltd. 2008-04-30 58012 K & R Express Ltd Total Incorporations: 152 Corporations Act -

Section 331 Local Revivals For the Month of: April 2008 Date Number Company Name 2008-04-01 36337 New Ground Holdings Ltd. 2008-04-01 42593 Shadan Enterprises Ltd. 2008-04-03 26309 PROTECTED AREAS ASSOCIATION INC.

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 207 2008-04-04 6225 MUSGRAVETOWN DRUGS LIMITED 2008-04-07 2572 RIVERDALE TENNIS CLUB 2008-04-09 34324 ELIZABETH GUEST HOME LIMITED 2008-04-11 28417 Wesleyville Cabot Lions Club 2008-04-14 34079 GARDEN COVE FISHERMEN'S COMMITTEE INCORPORATED 2008-04-22 23334 Athens Property Management Limited 2008-04-23 32640 All Cycle Essentials Limited 2008-04-24 43452 C & G Trucking Ltd. 2008-04-24 15795 Sinnott Agencies Limited 2008-04-28 22274 WAVE DISTRIBUTING LIMITED 2008-04-30 25389 H.W. Holdings Limited Total Revivals: 14 Corporations Act -

Section 286 Local Amendments For the Month of: April 2008 Date Number Company Name 2008-04-01 31805 Clarenville Ford Sales Limited 2008-04-01 57792 EDWARDS REHAB CONSULTING INC. 2008-04-01 9654 Lewisporte Shopping Centre Limited 2008-04-01 36337 New Ground Holdings Ltd. 2008-04-02 16587 Elizabeth Properties Limited 2008-04-02 54209 GRAY AQUA GROUP LTD. 2008-04-02 45541 INDEPENDENT FISH HARVESTERS INC. 2008-04-02 56982 MY SPACE STORAGE + BUSINESS SUITES LTD. 2008-04-02 8532 Urban Contracting (J. J. Walsh) Limited 2008-04-03 53096 DR. JACOBUS C.

MARITZ PROFESSIONAL MEDICAL CORPORATION 2008-04-03 50067 FOURMAX VENTURES CORPORATION 2008-04-03 50832 SCANMUDRING CANADA INC. 2008-04-03 34564 Sealan Capital Corporation Inc. 2008-04-04 40330 10689 NFLD.

Inc. 2008-04-04 6225 MUSGRAVETOWN DRUGS LIMITED 2008-04-07 2572 RIVERDALE TENNIS CLUB 2008-04-08 19068 Seagull Construction Limited 2008-04-09 14244 Bert Hayden Limited 2008-04-09 53944 CMT Apothecary Ltd. 2008-04-09 13016 E and M Bookkeeping Limited 2008-04-09 34324 ELIZABETH GUEST HOME LIMITED 2008-04-09 12500 SILVER SCISSORS UNISEX SALON LIMITED 2008-04-10 39133 Beothuk Institute Inc. 2008-04-11 28245 School Milk Foundation of Newfoundland and Labrador Inc. 2008-04-11 31443 TWIN RIVERS GOLF INC. 2008-04-14 51572 A&R Mechanical Inc. 2008-04-14 11013 Burry's Marine Division Limited 2008-04-15 57610 DIGGER'S NEW HOME CONSTRUCTION LTD. 2008-04-15 8710 Hann Construction Limited 2008-04-15 52036 MCEACHREN HOLDINGS INC. 2008-04-15 40697 Totally Tubular Inc. 2008-04-15 11417 WAY POINTS INC. 2008-04-16 56242 ATLANTIC WASTE MANAGEMENT LTD. 2008-04-16 37511 B.A.D.S.

Fisheries Ltd. 2008-04-16 15568 Bostev Development Limited 2008-04-16 57162 FPR HOLDINGS LIMITED 2008-04-18 37938 LABRADOR METAL WORKS INC.. 2008-04-18 51172 QUALITY TECH. CONSULTANTS LTD. 2008-04-18 36435 VIKING TRAIL OUTFITTERS LTD. 2008-04-22 23334 Athens Property Management Limited 2008-04-22 15013 K.

ROY SMITH ENTERPRISES LIMITED 2008-04-22 56321 NOVA ENVIRONMENTAL COATINGS LTD. 2008-04-22 41911 SEA PRIDE II LIMITED 2008-04-22 38481 STEELFAB CONTRACTING LTD. 2008-04-22 44782 TLC NURSING AND HOME CARE SERVICES LIMITED 2008-04-22 13368 Warren's Electric Ltd. 2008-04-23 54124 47 NORTH INVESTMENTS INC. 2008-04-23 32640 All Cycle Essentials Limited 2008-04-23 41597 ELIZABETH LYNN FISHERIES INC. 2008-04-24 42738 Tumblehome Recreational Canoe Club Inc. 2008-04-24 15815 Vardy Holdings Limited 2008-04-28 8476 Bay Roberts Shopping Centre Limited 2008-04-28 12631 Deer Lake Shopping Centre Limited 2008-04-29 56283 BRA-KIM CONSULTING INC. 2008-04-29 35642 Canship Ugland Ltd. 2008-04-29 48647 CENTUM SUPERIOR MORTGAGES CORPORATION 2008-04-29 25860 ECLIPSE STORES INC. 2008-04-30 57344 ARUNDEL PROPERTIES LIMITED 2008-04-30 52519 DR.

MPIANA PMC INC. 2008-04-30 56796 DR. NEIL POWER DENTAL SERVICES INC. 2008-04-30 52520 MPIANA HOLDINGS LIMITED 2008-04-30 17059 OUTDOORS

(1983) LIMITED 2008-04-30 45490 Ptarmigan Resources Ltd. 2008-04-30 49873 SEAWAY ENTERPRISE INC. Total Amendments: 64 Corporations Act -

Section 335 Local Dissolutions For the Month of: April 2008 Date Number Company Name 2008-04-01 57387 XR INTERNATIONAL TRADE INC. 2008-04-03 40511 ANDREW GRANT ASSOCIATES LIMITED 2008-04-03 13252 MULLETT HOLDINGS LIMITED 2008-04-04 47587 Improving technology Inc. 2008-04-04 17684 Smith Courier Service Limited 2008-04-08 54235 ARTS & DESIGN LTD. 2008-04-08 31273 E lite Enterprises Inc. 2008-04-09 37010 Cantick Quoin Marketing Inc. 2008-04-09 2973 Shears Investments Limited 2008-04-10 47945 PAINT'N CLAY INC. 2008-04-11 52855 ADAM G. MORGAN BILLIARDS LTD. 2008-04-11 53557 CC IMPORTS LTD. 2008-04-11 40031 Fabric World Inc 2008-04-11 16811 Ruby's Used Cars Limited

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 208 2008-04-11 51153 THURLES LIMITED 2008-04-14 47644 Athena Shipping Lines Ltd. 2008-04-14 17223 Carm anville Variety Limited 2008-04-14 45238 LABRADOR SNOW EXPRESS INC. 2008-04-17 50047 JOE MASTERS & SONS LTD. 2008-04-17 57309 MACLEAN SAFETY SERVICES INC. 2008-04-18 39778 BAYVIEW AUTOMOTIVE REPAIRS AND SERVICES LTD 2008-04-18 34612 Economy Cabinet Doors Ltd. 2008-04-18 15553 Memory Lane Bowling Ltd. 2008-04-22 8406 Howlett Enterprises Limited 2008-04-24 46357 KC Consulting Inc. 2008-04-25 7992 ADAMS CONSTRUCTION

(1975) LIMITED 2008-04-29 46545 ACCESS COMMUNICATIONS INC 2008-04-29 21207 Baker's Gas Bar Limited 2008-04-29 48075 Calixte Environmental Management, Inc. 2008-04-29 33611 E. PIKE & SONS TRANSPORT LTD. 2008-04-29 43298 Millennium Venture Ltd. 2008-04-30 33679 Trinity Enterprises Limited Total Dissolutions: 32 Corporations Act -

Section 299 Local Discontinuances For the Month of: April 2008 Date Number Company Name 2008-04-04 33104 10320 Newfoundland Inc. 2008-04-22 51486 TERRA NOVA SHOES LIMITED Total Discontinuances: 2 Corporations Act -

Section 294 Local Amalgamations For the Month of: April 2008 Date Number Company Name 2008-04-01 57824 L D FISHERIES LTD. From: 43252 L D FISHERIES LTD. 25366 S. & T. ENTERPRISES LIMITED 2008-04-01 57833 NEW WAVE ENTERPRISES LTD. From: 40188 Eastern Fish Harvesters Ltd. 53586 NEW WAVE ENTERPRISES LTD. 2008-04-30 58028 B G M ENTERPRISES LTD. From: 34431 B G M Enterprises Ltd. 35322 Sacrey's Enterprise Inc. Total Amalgamations: 3 Corporations Act -

Section 286 Local Name Changes For the Month of: April 2008 Number Company Name 57792 EDWARDS REHAB CONSULTING INC. 2008-04-01 From: EDWARDS REHAB CONSULTANTS INC. 56982 MY SPACE STORAGE + BUSINESS SUITES LTD. 2008-04-02 From: SECURE SELF STORAGE LIMITED 50832 SCANMUDRING CANADA INC. 2008-04-03 From: PRO-DIVE SCANMUDRING INC. 52036 MCEACHREN HOLDINGS INC. 2008-04-15 From: MURPHY & MCEACHREN HOLDINGS INC. 56242 ATLANTIC WASTE MANAGEMENT LTD. 2008-04-16 From: LEWAY WASTE MANAGEMENT LTD. 57162 FPR HOLDINGS LIMITED 2008-04-16 From: FISHERY PRODUCTS INTERNATIONAL LIMITED 56321 NOVA ENVIRONMENTAL COATINGS LTD. 2008-04-22 From: UNIFIED COATING SYSTEMS LTD. 38481 STEELFAB CONTRACTING LTD. 2008-04-22 From: P2 SYSTEMS INC. 54124 47 NORTH INVESTMENTS INC. 2008-04-23 From: LEXATLANTIC PLC LIMITED 56283 BRA-KIM CONSULTING INC. 2008-04-29 From: NL CONSULTING AND RENTAL VENTURES INC. 56796 DR.

NEIL POWER DENTAL SERVICES INC. 2008-04-30 From: DOBBIN POWER HOLDINGS INCORPORATED Total Name Changes: 11 Corporations Act -

Section 443 Extra-Provincial Registrations For the Month of: April 2008 Date Number Company Name 2008-04-02 57844 COMMUNITYLEND INC. 2008-04-02 57843 JAGUAR LAND ROVER CANADA ULC 2008-04-02 57842 TENNANT SALES AND SERVICE COMPANY 2008-04-02 57841 WADE-TEK ELECTRIC INC. 2008-04-03 57855 RENOWN SPECIALTIES COMPANY LTD. 2008-04-04 57867 DBNL HOLDINGS LIMITED 2008-04-04 57861 DBNS HOLDINGS LIMITED 2008-04-04 57862 THOMAS P. MCQUILLAN INSURANCE LIMITED 2008-04-04 57859 WOLVERTON SECURITIES LTD. 2008-04-09 57890 3D HELICOPTERS INC. 2008-04-09 57892 COACTIV CAPITAL PARTNERS CANADA INC.

PARTENAIRES EN CAPITAL COACTIV CANADA INC. 2008-04-09 57891 LONG HARBOUR HOLDINGS INC. 2008-04-11 57910 NEXUS CANADA INC. 2008-04-15 57919 1245929 ALBERTA LTD. 2008-04-15 57920 BEOTHIC SEAFOODS INC. 2008-04-15 57923 ISAGENIX CANADA, ULC 2008-04-15 57924 RED EARTH DISTRIBUTION CORPORATION INC. SOCIÉTÉ DE DISTRIBUTION RED EARTH INC. 2008-04-16 57934 MINUTE CORPORATION

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 209 2008-04-16 57935 STONE 2008 FLOW-THROUGH GP INC. 2008-04-17 57943 APOLLO MAGAZINE SERVICE INC. 2008-04-17 57944 STOKES INC. 2008-04-18 57955 BIG ROCK BREWERY OPERATIONS CORP. 2008-04-18 57953 EASTSIDE 2008 EQUITIES INC. 2008-04-18 57954 MOD-U-FORM ATLANTIC INC. 2008-04-22 57965 ACE (ATLANTIC CANADA EXPERT) INSULATORS LTD. 2008-04-22 57968 GLENTEL INC. 2008-04-22 57967 NESEL FAST FREIGHT INCORPORATED 2008-04-22 57964 OCEAN SPRAY AGRICULTURE SUPPLY CANADA CORP. 2008-04-23 57975 FUSION BPO SERVICES LIMITED 2008-04-23 57979 HAMILTON SOUND CONSTRUCTION LTD. 2008-04-23 57976 PATHWAY OIL & GAS 2008 INC. 2008-04-23 57978 SOCIÉTÉ GÉNÉRALE VALEURS MOBILIÈRES INC.

SOCIÉTÉ GÉNÉRALE SECURITIES INC. 2008-04-24 57981 NORTHERN POWER SYSTEMS, INC. 2008-04-24 57983 SMS EQUIPMENT INC./EQUIPEMENT SMS INC. 2008-04-24 57985 VEINOT, MORIN AND ASSOCIATES INC. 2008-04-28 58003 4446372 CANADA INC. 2008-04-28 58002 6932819 CANADA INC. 2008-04-28 58005 CARDIF ASSURANCE VIE 2008-04-28 58004 CARDIF-ASSURANCES RISQUES DIVERS 2008-04-28 58001 LAYNE CHRISTENSEN CANADA LIMITED 2008-04-29 58007 AUCOIN PROJECT CONTROLS SERVICES LTD. 2008-04-30 58013 GETMAN CANADA LTD. Total Registrations: 42 Corporations Act -

Section 451 Extra-Provincial Name Changes For the Month of: April 2008 Number Company Name 6785F AKTIV KAPITAL CONTINGENCY INC. 2008-04-03 From: PORTFOLIO MANAGEMENT SOLUTIONS INC. 57280 HARD-ROCK MINERAL DEVELOPMENT INC. 2008-04-09 From: 6860711 CANADA INC. 50562 AKTIV KAPITAL ACQUISITIONS INC. 2008-04-16 From: PORTFOLIO MANAGEMENT CANADA INC. 56002 4385021 CANADA INC. 2008-04-17 From: FYI EYE CARE SERVICES AND PRODUCTS INC. 54122 ELAVON CANADA COMPANY 2008-04-22 From: CANADACONEX COMPANY 57934 MINUTE CORPORATION 2008-04-23 From: 2169419 ONTARIO LIMITED Total Name Changes: 6 Corporations Act -

Section 294 Extra-Provincial Registrations for Amalgamation For the Month of: April 2008 Date Number Company Name 2008-04-02 57846 DEALERTRACK CANADA, INC. From: 5978F DEALERTRACK CANADA, INC. 2008-04-03 57856 GRAND & TOY LIMITED/GRAND & TOY LIMITÉE From: 5358F GRAND & TOY LIMITED GRAND & TOY LIMITEE 2008-04-07 57877 BARRY GROUP INC. From: 55763 BARRY GROUP INC. 2008-04-08 57880 RTD QUALITY SERVICES INC./ RTD, SERVICES DE QUALITE INC. From: 3142D RTD QUALITY SERVICES INC. RTD, SERVICES DE QUALITE INC 2008-04-11 57587 EARTHFIRST CANADA INC.

From: 51789 BONAVISTA WIND POWER INC. 2008-04-22 57966 ASSA ABLOY OF CANADA LTD. ASSA ABLOY DU CANADA LTÉE From: 52176 ASSA ABLOY OF CANADA LTD. ASSA ABLOY DU CANADA LTEE 2008-04-25 57994 BLACK & DECKER CANADA INC. From: 2812D BLACK & DECKER CANADA INC. 2008-04-30 58014 THE CASH STORE INC. From: 6551F INSTA-RENT CORPORATION 6423F THE CASH STORE INC.

Total Registrations for Amalgamation: 8 DOUG LAING Registrar of Companies May30 CHANGE OF NAME ACT C-8 RSNL 1990 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ASHLEY RICE of 15 Brophy Place, St. John’s, A1B 3Y2, in the Province of Newfoundland and Labrador, as follows:

THE NEWFOUNDLAND AND LABRADOR May 30, 2008 210 To change my minor unmarried child’s name from OLIVIA MEATTA MARSHALL to OLIVIA MEATTA RICE DATED this 20th day of May, 2008. ASHLEY RICE (Signature of Applicant) MAY 30 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JOSEPH MAXWELL MILLER of P.O.

Box 3182, RR#2, Corner Brook, A2H 6B9 in the Province of Newfoundland and Labrador, as follows: To change my name from JOSEPH MAXWELL MILLER to JOSEPH MAXWELL MAY DATED this 14th day of May, 2008. JOSEPH MAXWELL MILLER (Signature of Applicant) May 30

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 83 ST. JOHN’S, FRIDAY, MAY 30, 2008 No. 22 NEWFOUNDLAND AND LABRADOR REGULATIONS CORRECTION NOTICE re: NLR 27/08 NLR 28/08 NLR 29/08 NLR 30/08 NLR 31/08 NLR 32/08

The Newfoundland and Labrador Gazette May 30, 2008 201 CORRECTION NOTICE The May 23rd, 2008 edition of The Newfoundland and Labrador Gazette,

Part II, NLR 27/08, had the incorrect date in the footer. It should have read “May 23, 2008”

The Newfoundland and Labrador Gazette May 30, 2008 203 NEWFOUNDLAND AND LABRADOR REGULATION 28/08 Teacher Certification Regulations (Amendment) under the Teacher Training Act (O.C. 2008-129) (Filed May 23, 2008) Under the authority of

section 11 of the Teacher Training Act, the Teachers’ Certification Committee, with the approval of the Lieuten- ant-Governor in Council makes the following regulations. Dated at St. John’s, May 22, 2008. Rob Parsons Secretary Teachers’ Certification Committee Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.3 Amdt. Initial certificate or licence 2. S.4 Amdt. Certificate and licence

Teacher Certification Regulations (Amendment) 28/08 The Newfoundland and Labrador Gazette May 30, 2008 204 3. S.9.1 Added Upgrading compliance 4. S.14 R&S 14. Speech language pathologists 14.1 Educational psychologists 1. Subsection 3(2) of the Teacher Certification Regulations is repealed. 2. Subsection 4(5) of the regulations is repealed. 3. The regulations are amende d by adding immediately after

section 9 the following: 9.1 A teacher who wishes to acquire qu alifications in order to qual- ify for a higher classification of teaching certificate or licence under the Act and these regulations shall comp ly with the requirements of the

schedule attached to these regulations.

Section 14 of the regulations is repealed and the following substituted: 14.

(1) A level VI certificate, endo rsed "Speech Language Patholo- gist" may be issued to an appli cant who has completed an approved Master's degree in speech-language pathology.

(2) A level VII certificate, endorsed "Speech Language Patholo- gist" may be issued to an applicant who has satisfied the requirements of subsection (1) and has completed 8 additional graduate courses ap- proved by the registrar or has completed an approved doctoral degree program. 14.1 A level VI certificate, endors ed "Educational Psychologist" may be issued to an applicant who has completed a Master's degree and who is a psychologist registered under

section 10 of the Psychologists Act, 2005. ©Earl G. Tucker, Queen's Printer CNLR 1134/96 as amended Upgrading compli- ance Speech language pathologists Educational psy- chologists

The Newfoundland and Labrador Gazette May 30, 2008 205 NEWFOUNDLAND AND LABRADOR REGULATION 29/08 Pension Benefits Act Regulations (Amendment) under the Pension Benefits Act, 1997 (O.C. 2008-136) (Filed May 26, 2008) Under the authority of

section 78 of the Pension Benefits Act, 1997, the Lieutenant-Governor in Council makes the following regula- tions. Dated at St. John’s, May 21, 2008. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.7.1 Added Solvency funding exemption for multi-employer plans 2. Commencement 1. The Pensions Benefits Act Regulations is amended by adding immediately after

section 7 the following: 7.1

(1) An administrator of a multi-employer pension plan may elect that subsections (3) to (7), instead of subsections 7(1) to (4), apply to a NLR 114/96 as amended Solvency funding exemption for multi-employer plans

Pension Benefits Act Regulations (Amendment) 29/08 The Newfoundland and Labrador Gazette May 30, 2008 206 report filed under sections 5, 6, 11 and 12 where the valuation date of the report is between December 31, 2007 and December 31, 2010.

(2) An administrator of a multi-employer plan may make an election under subsection (1) only once.

(3) The required contributions to a multi-employer pension plan are sufficient if, for each year of the period covered by the report, they are not less than the sum of the following amounts determined under a going concern valuation: (

a) the normal cost of the plan; (

b) the special payments set out in a previous report that remain to be paid with respect to any going concern unfunded liabil- ity; and (

c) the special payments to be paid with respect to a going con- cern unfunded liability that is determined in the report.

(4) Within 60 days after electing to have this

section apply to a report filed under sections 5, 6, 11 and 12, the administrator of a multi- employer pension plan shall give written notice of the election to each member and former member of the plan.

(5) The written notice required by subsection (4) shall contain all the following information: (

a) the name and provincial registration number of the multi- employer pension plan; (

b) the name and contact of the administrator; (

c) the transfer ratio of the plan and, where the plan is amended to increase benefits, the transf er ratio before and after the amendment, effective on the valuation date of the report; and (

d) an explanation of how the security of pension benefits for members and former members might be affected as a result of the election made under this section.

(6) Within 60 days after filing a report to which this

section applies, an administrator shall

Pension Benefits Act Regulations (Amendment) 29/08 The Newfoundland and Labrador Gazette May 30, 2008 207 (

a) file a copy of the notice required by subsection (4) with the superintendent; and (

b) give a copy of the notice re quired by subsection (4) to every employer who makes contributions to a multi-employer pen- sion plan and to every bargai ning agent who represents members of the plan.

(7) In addition to the requirements of subsection (6), an admin- istrator who files a report to which this

section applies shall give a copy of the notice required by subsection (4) to each person who, after the report is filed and before the next repo rt is filed, will be eligible or is required to become a member of the multi-employer pension plan, and the notice shall accompany the information required to be given to the person under subsection 25(1) of the Act. 2. These regulations are consid ered to have come into force on December 31, 2007. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette May 30, 2008 209 NEWFOUNDLAND AND LABRADOR REGULATION 30/08 Solvency Funding Relief Regulations under the Pension Benefits Act, 1997 (O.C. 2008-137) (Filed May 26, 2008) Under the authority of

section 78 of the Pension Benefits Act, 1997, the Lieutenant-Governor in Council makes the following regula- tions. Dated at St. John’s, May 21, 2008 Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Interpretation 3. Application 4. Non-application 5. Filing date application

PART I NEW 5 YEAR FUNDING 6. General funding rules

PART II NEW 10 YEAR FUNDING 7. General funding rules 8. Information to be provided 9. Documents etc. to be filed 10. New solvency deficiency 11. Termination of plan 12. Ceasing 10 year funding 13. Calculating surplus 14. Plan with surplus

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 210 15. Plan without surplus

PART III 10 YEAR FUNDING WITH LETTERS OF CREDIT 16. General funding rules 17. Letter of credit 18. When letter of credit not required 19. Where face amount less than amount required 20. Trust agreement 21. Documents etc. to be filed 22. Statement to members 23. Reduction of the face amount of a letter of credit 24. New solvency deficiency 25. Failure to pay letter of credit 26. Occurrence of default 27. Ceasing 10 year funding 28. Repeal 29. Commencement 1. These Regulations may be cited as the Solvency Funding Relief Regulations. 2.

(1) In these Regulations, (a) "acceptable rating" means the rating given by a credit rating agency to an issuer at the tim e of the issuance or renewal of a letter of credit that is at least equal to one of the following ratings: (

i) A, from Dominion Bond Rating Service Limited, (ii) A, from Fitch Ratings, (iii) A2, from Moody's Investors Service, or (iv) A, from Standard & Poor's Ratings Services; (b) "Act" means the Pension Benefits Act, 1997; (c) "bank" means a bank or authorized foreign bank within the meaning of

section 2 of the Bank Act (Canada); (d) "credit union" means a credit union to which the Credit Un- ion Act applies or a cooperative credit society or credit union incorporated and regulated by or under

an Act of Canada or another province; (e) "default" means the occurrence of one of the following: (

i) the written notification to the superintendent that the administrator intends to terminate or wind up the whole plan under subsection 60(1) of the Act,

Short title

Interpretation

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 211 (ii) the amendment of the pl an, resolution by the employer or coming into force of any other measure that effects the termination of the whole plan, (iii) the superintendent's declaration under subsection 59(1) of the Act that terminates the whole plan, (iv) the filing of any application or petition by the employer, or against the employer, under the Companies' Credi- tors Arrangement Act (Canada), the Bankruptcy and In- solvency Act (Canada) or the Winding-up and Restruc- turing Act (Canada), (

v) the termination of the whole plan, (vi) the non-renewal of a lette r of credit referred to in

Part III for its full face amount unless (

A) it has been replaced by another letter of credit for the same face amount at least 30 days before the beginning of the following plan year, (

B) an amount equal to the face amount of the letter of credit has been remitted to the pension fund at least 30 days before the beginning of the following plan year, or (

C) the face amount has been reduced in accordance with

section 23, or (vii) the failure by an employer to comply with a direction issued by the superintendent under

section 11 of the Act with respect to the face amou nt of the letters of credit required by subsection 16(2); (f) "holder" means a trust company that is licensed to carry on business in Canada and that has entered into a trust agree- ment with the employer or, if the employer is not the admin- istrator, with the employer and the administrator; (g) "initial solvency deficiency" means the solvency deficiency of a plan that emerged on the date on which the valuation that identified the deficiency wa s performed, as reported in

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 212 an actuarial report filed with the Superintendent of Pensions that values the plan as of a date between January 1, 2007 to January 1, 2009; (h) "issuer" means a bank or credit union that has an acceptable rating and that is not the employer or affiliated with the em- ployer within the meaning of subsection 2(2) of the

Canada Business Corporations Act; and (i) "special payment" means a payment or one of a series of payments that is determined in accordance with

section 12 of the Pension Benefits Act Regulations, or

section 6, 7 or 16 of these Regulations.

(2) Except as otherwise provided, expressions used in these Regulations have the same meaning as in the Pension Benefits Act Regulations. 3.

(1) These Regulations apply to the funding of a defined benefit plan and, except as otherwise provided, the Pension Benefits Act Regu- lations also apply to the funding of a plan under these Regulations.

(2) For the purposes of these Regulations, an initial solvency deficiency shall be calculated in accordance with the solvency defi- ciency in

section 11 of the Pension Benefits Act Regulations, except that (

a) the present value of any special payment referred to in sub- paragraphs 11(c)(ii), (iii) and (iv) of the Pension Benefits Act Regulations calculated in respect of the funding of a sol- vency deficiency that emerged before the emergence of the initial solvency deficiency shall be zero; and (

b) for the purposes of Parts II and III, that definition shall be interpreted as including the pr esent value of the special pay- ments calculated with respect to an initial unfunded liability that are due in the next 10 years.

(3) For the purposes of these Regulations, any special payment that would have been required to be made under paragraph 12(3)(

d) of the Pension Benefits Act Regulations, with respect to the funding of a solvency deficiency that emerged before the emergence of the initial solvency deficiency is not required to be made. Application

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 213

(4) In the case of an inconsis tency between these Regulations and the Pension Benefits Act Regulations, these Regulations shall pre- vail. 4. These Regulations do not apply to (

a) a plan that is established after January 1, 2007 unless the plan is formed as a result of a merger of plans one or more of which was established before January 1, 2007 or is formed as a result of a splitting of a plan that was established before January 1, 2007; or (

b) a plan defined as a multi-employer pension plan under the Pensions Benefits Act, 1997. 5.

(1) Plans may only be funded under these Regulations if all of the payments that are owed to the pension fund before the day on which the initial solvency deficiency emerges, as required by

section 8 of the Pension Benefits Act Regulations, have been made as of the filing date of the actuarial report that shows th e emergence of that initial solvency deficiency.

(2) Notwithstanding

section 12 of the Pension Benefits Act Regulations, the funding of a plan shall be considered to meet the stan- dards for solvency if th e funding is in accordance w ith

Part I, II or III of these Regulations.

PART I NEW 5 YEAR FUNDING 6.

(1) Notwithstanding paragraph 12(3)(

d) of the Pension Benefits Act Regulations, an initial solvency deficiency of a plan may be funded by special payments sufficient to liquidate the initial solvency defi- ciency by equal annual payments over a period not exceeding 5 years from the day on which the initial solvency deficiency emerged.

(2) Where the initial solvency deficiency is funded in accor- dance with this Part, the administrator of the plan shall notify the super- intendent in writing at the time of fili ng of an actuarial report after the coming into force of these Regulations.

(3) Where a solvency deficiency emerges after the day on which the initial solvency deficiency emerged, the new solvency deficiency Non-application Filing date applica- tion General funding rules

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 214 shall be calculated, for the purpose of paragraph 12(3)(

d) of the Pen- sion Benefits Act Regulations, in accordance with a solvency valuation in

section 11 of those Regulations and that valuation shall be inter- preted as including the present value of the special payments referred to in subsection (1).

PART II NEW 10 YEAR FUNDING 7.

(1) Notwithstanding paragraph 12(3)(

d) of the Pension Benefits Act Regulations, an initial solvency deficiency of a plan may be funded in accordance with

Part I, but the remittance to the pension fund of a portion of the special payments determined under that Part may be de- ferred as if the initial solvency deficiency were funded by special pay- ments sufficient to liquidate the initial solvency deficiency by equal annual payments over a period not ex ceeding 10 years from the day on which the initial solvency deficiency emerged.

(2) The initial solvency deficiency may be funded in accordance with this Part only if less than on e third of the members and less than one third of the former members ex cluding members object before the date indicated in the statement referred to in paragraph 8(1)(j).

(3) Notwithstanding the fact that the special payments set out in subsection (1) may be made over a period that exceeds the period ap- plicable under

Part I, for the purposes of subsection 32(1) of the Act, the amount by which the aggregate amount of special payments that would have been remitted to the pe nsion fund in accordance with that Part from the day on which the initial solvency deficiency emerged, as adjusted to take into account the actuarial gains that were applied under subsection 13(1) of the Pension Benefits Act Regulations, plus interest, exceeds the aggregate amount of special payments made to the pension fund in accordance with this Part, plus interest, shall be considered to be an amount accrued to the pension fund.

(4) Interest shall be calculated by using the interest rate that was assumed in valuing the liabilities of the plan for the purpose of calculat- ing the initial solvency deficiency. 8.

(1) The administrator shall provide the following information to the members and former members: General funding rules Information to be provided

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 215 (

a) the solvency ratio of the plan as of the day on which the ini- tial solvency deficiency emerged; (

b) the amount of the initial solvency deficiency; (

c) a description of the extent to which the members and former members’ benefits would be reduced if the plan were fully terminated and wound up with the solvency ratio referred to in paragraph (a); (

d) a statement indicating that extending the period for funding the initial solvency deficiency as permitted by this Part may result in a lower value of the plan assets during the funding period than would be the case if the deficiency were funded over a period not exceeding 5 years and that the longer fund- ing period may also extend the period during which the plan assets are less than the plan liabilities; (

e) the special payments that wo uld have been made during the first plan year covered by the actuarial report referred to in paragraph 9(

b) if the initial solvency deficiency were to be funded in accordance with

Part I; (

f) the special payments that are to be made during the first plan year covered by the actuarial repo rt referred to in paragraph 9(

b) if the initial solvency deficiency is funded in accor- dance with this Part; (

g) a statement indicating that

an act uarial report is to be filed at least annually with the superintendent while the plan is being funded in accordance with this Part; (

h) a statement indicating that the plan may be funded in accor- dance with this Part only if less than one third of the mem- bers object and less than one third of the former members object; (

i) a statement indicating that th e superintendent's approval is not required to fund the initial solvency deficiency in accor- dance with this Part; (

j) a statement indicating that the members and former mem- bers may object to the proposa l to fund the plan in accor-

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 216 dance with this Part by sending an objection to the adminis- trator at the address and by the date indicated in the state- ment, and that date shall not be less than 30 days after the day on which the other information required to be provided under this

section is provided by the administrator; (

k) a statement indicating that if the plan is funded in accor- dance with this Part, amendments to the plan that increase the pension benefits will be restricted for the first 5 plan years of funding in accordance with this Part; and (

l) a statement setting out the right of access to the documents described in subsection 25(7) of the Act. 9. The administrator shall file the following documents and infor- mation with the superintendent: (

a) written notification that the initial solvency deficiency is to be funded in accordance with this Part; (

b) the actuarial report valuing the plan as of the day on which the initial solvency deficiency emerged; (

c) a written statement confirming that a resolution of the board of directors of the employer has been passed, if the employer is a corporation, or, if the employer is not a corporation, an approval of the persons who have the authority to direct or authorize the actions of that body, has been given, authoriz- ing the special payment

schedule calculated in accordance with this Part; and (

d) a written statement confirming that the information set out in

section 8 has been provided to the members and former members and that less than one third of the members have objected and less than one third of the former members have objected. 10. Where a solvency deficiency emerges after the day on which the initial solvency deficiency emerged, the new solvency deficiency shall be calculated, for the purposes of paragraph 12(3)(

d) of the Pension Benefits Act Regulations, in accordance with a so lvency valuation in

section 11 of those Regulations, and that the valuation shall be inter- preted as including Documents etc. to be filed New solvency deficiency

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 217 (

a) the present value of the special payments referred to in sec- tion 7; and (

b) the present value of the special payments calculated with respect to an initial unfunded liability that are due in the pe- riod that is the greater of (

i) the 5 years following the emergence of the new sol- vency deficiency, and (ii) the period then remaining of the 10 years following the emergence of the initial solvency deficiency. 11. Where a plan is fully terminated and on the day on which it ter- minates the liabilities of the plan ex ceed its assets, the lesser of the amount determined in subsection 7(3) and the amount by which the liabilities of the plan exceed its assets shall immediately be remitted to the pension fund. 12.

(1) A plan may cease to be funded under this Part, beginning on the first day of a plan year, by giving written notice to the superinten- dent not later than 6 months after the beginning of that plan year.

(2) The notice shall indicate whethe r the plan has a surplus as of the first day of the plan year.

(3) Where funding ceases,

section 12 of the Pension Benefits Act Regulations applies in respect of the plan except as otherwise pro- vided under this Part. 13. A surplus in respect of a plan shall be determined in the manner prescribed by

section 19 of the Pension Benefits Act Regulations as if the plan had been fully terminated. 14. Where a plan ceases to be funded in accordance with this Part and the plan has a surplus as of the fi rst day of the plan year, this

Part ceases to apply to the plan on the first day of that plan year. 15.

(1) Where a plan ceases to be f unded in accord ance with this Part and the plan does not have a surplus as of the first day of the plan year,

section 12 of the Pension Benefits Act Regulations applies except as follows: Termination of plan Ceasing 10 year funding Calculating surplus Plan with surplus Plan without surplus

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 218 (

a) when funding ceases before the sixth plan year, (

i) the administrator shall have an actuarial report prepared in which the present value of the special payments re- ferred to in

section 7 shall be zero valuing the plan as of the first day of the plan year in which funding ceases, (ii) the amount by which the aggregate amount of special payments that would have been made to the pension fund in accordance with

Part I from the day on which the initial solvency deficiency emerged to the day on which funding ceases, as adju sted to take into account the actuarial gains that we re applied under subsection 13(1) of the Pension Benefits Act Regulations, plus in- terest, exceeds the aggregate amount of special pay- ments made to the pension fund in accordance with this Part, plus interest, shall immediately be remitted to the pension fund, (iii) a remaining initial solvency deficiency disclosed by the actuarial report, which shall be calculated by including the amount remitted in accordance with subparagraph (ii) as an asset of the pension fund, shall be considered to have emerged as of the day on which the initial sol- vency deficiency emerged, (iv) the remaining initial solvency deficiency calculated under subparagraph (iii) shall be funded by special payments sufficient to liquidate that initial solvency de- ficiency by equal annual payments over a period not ex- ceeding 5 years minus the number of years that the plan was funded in accordance with this Part, and (

v) the special payments set out in

section 7 shall continue to be made until the first special payment required to fund the remaining initial solvency deficiency referred to in subparagraph (iii) is made to the pension fund; and (

b) when funding ceases after the fifth plan year, (

i) the administrator shall have an actuarial report prepared as of the first day of the plan year in which funding ceases, and

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 219 (ii) the amount by which the aggregate amount of special payments that would have been made to the pension fund in accordance with

Part I from the day on which the initial solvency deficiency emerged to the day on which funding ceases, as adju sted to take into account the actuarial gains that we re applied under subsection 13(1) of the Pension Benefits Act Regulations, plus in- terest, exceeds the aggregate amount of special pay- ments made to the pension fund in accordance with this Part, plus interest, shall immediately be remitted to the pension fund.

(2) Interest shall be calculated by using the interest rate that was assumed in valuing the liabilities of the plan for the purpose of calculat- ing the initial solvency deficiency.

PART III 10 YEAR FUNDING WITH LETTERS OF CREDIT 16.

(1) Notwithstanding paragraph 12(3)(

d) of the Pension Benefits Act Regulations, an initial solvency deficiency of a plan may be funded by special payments sufficient to liquidate the initial solvency defi- ciency by equal annual payments over a period not exceeding 10 years from the day on which the initial solvency deficiency emerged.

(2) The initial solvency deficiency may be funded in accordance with this Part where the employer (

a) obtains letters of credit for each of the first 5 plan years of funding under this Part, for the amount representing the dif- ference between the present value, at the end of each plan year, of the remaining special payments under this Part and the present value of the remaining special payments that would have been required to be made to liquidate the initial solvency deficiency as if it had been funded under

Part I; and (

b) maintains letters of credit for the sixth plan year of funding and for each plan year after th at year, representing the pre- sent value at the beginning of each plan year of the remain- ing special payments under this Part. General funding rules

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 220

(3) The present value of the rema ining special payments shall be determined by using the interest rate that was assumed in valuing the liabilities of the plan for the purpose of calculating the initial solvency deficiency. 17.

(1) A letter of credit required by this Part shall be an irrevoca- ble, unconditional standby letter of credit that (

a) is in accordance with the ru les of International Standby Prac- tices 1998 (publication No. 590 of the International Chamber of Commerce); (

b) is payable only in Canadian currency; (

c) is issued or confirmed by an issuer who is a member of the Canadian Payments Association that has been assigned an ac- ceptable rating; and (

d) provides that (

i) the letter of credit is made out to the holder's benefit, (ii) the issuer will pay the f ace amount of the letter of credit on demand from the holder without inquiring whether the holder has a right to make the demand, (iii) the bankruptcy of the employer shall have no effect on the rights and obligations of the issuer and the holder set out in the letter of credit, (iv) the letter of credit will expire on the day on which the plan's year ends, (

v) the letter of credit will automatically be renewed for the full face amount for further on e-year periods on the ex- piry date referred to in subparagraph (iv) unless the is- suer notifies the holder, in writing, of the non-renewal not less than 90 days before the expiry date, and (vi) the letter of credit may not be amended during the term of the letter of credit and may not be assigned except to another holder. Letter of credit

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 221

(2) A letter of credit shall be obtained not later than the day on which the actuarial report is filed with the superintendent, under sub-

section 16(2) of the Act, for the first plan year of funding, and at least 30 days before the beginning of each subsequent plan year that is cov- ered by it.

(3) The letter of credit shall immediately be provided to the holder. 18. Where separate letters of credit have been obtained for each plan year, a letter of credit is not required to be automatically renewed after the fifth year following the plan year for which it was obtained. 19.

Where the face amount of a letter of credit obtained or main- tained in accordance with this Part for a plan year is less than the amount required by subsection 16(2) for that plan year, the employer shall make up the difference either by increasing the amount of letters of credit or by making additional payments to the pension fund no later than on the day on which the next quarterly payment is made to the pension fund in accordance with subsection 12(3) of the Pension Bene- fits Act Regulations. 20.

(1) The employer and, where the employer is not the administra- tor of the plan, the administrator shall enter into a trust agreement or shall amend any existing trust agreement it may have with the holder regarding the letters of credit referred to in this Part.

(2) The trust agreement shall provide that (

a) the holder shall hold the letters of credit in Canada in trust for the plan; (

b) the definition "default" in

section 2 applies to the agreement; (

c) the employer shall immediately notify, in writing, the holder and the superintendent and, where the employer is not the administrator of the plan, the administrator of a default; (

d) where not otherwise notified under paragraph (c), the admin- istrator shall notify, in writin g, the holder and the superin- tendent of a default immediately after becoming aware of it; When letter of credit not required Where face amount less than amount required Trust agreement

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 222 (

e) on receipt of the notice referred to in paragraph (

c) or (d), the holder shall immediately make a demand for payment of the face amount of all of the le tters of credit held in respect of the plan; (

f) on receipt of a written noti ce of default from a person other than the employer or the administrator, the holder shall (

i) immediately notify, in writing, the employer, the admin- istrator and the superintendent of the notice, and (ii) make a demand for payment of the face amount of all of the letters of credit held in respect of the plan unless the administrator provides a written notice to the holder within 30 days after receipt of the notice that the default has not occurred; (

g) where a holder makes a demand for payment of a letter of credit held for the plan, it shall notify, in writing, the em- ployer, the administrator and the superintendent that it has made the demand; (

h) the holder shall immediately notify, in writing, the employer, the administrator and the supe rintendent where the issuer does not pay the face amount of a letter of credit after a de- mand for payment has been made; (

i) the holder shall not make a demand for payment where a letter of credit expires without being renewed, or the face amount is being reduced, in accordance with this Part; (

j) the administrator shall no tify the holder of a circumstance when a letter of credit may expire, or when the face amount of a letter of credit may be reduced, in accordance with this Part; and (

k) the administrator shall provide the holder with a copy of the statements referred to in paragraph 21(1)(

e) and subsection 21(2) and with a copy of the written notice referred to in paragraph 27(a).

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 223 21.

(1) The administrator shall file the following documents and information with the superintendent for the first plan year of funding of the initial solvency deficiency: (

a) written notification that the initial solvency deficiency is to be funded in accordance with this Part; (

b) the actuarial report valuing the plan as of the day on which the initial solvency deficiency emerged; (

c) a written statement confirming that a resolution of the board of directors of the employer has been passed, if the employer is a corporation, or, if the employer is not a corporation, an approval of the persons who have the authority to direct or authorize the actions of that body, has been given, authoriz- ing the special payment

schedule calculated in accordance with this Part; (

d) a copy of each letter of cred it in effect for the plan year; (

e) a written statement from the administrator that the letters of credit comply with this Part; and (

f) a copy of the trust agreement set out in

section 20 together with the name and address of the holder of the letters of credit.

(2) For each subsequent plan year of funding, the administrator shall file with the superintendent copies of all subsequent letters of credit that have been obtained by the employer and a written statement, for each letter of credit filed, that it complies with this Part. 22. Where the administrator provides the written statement under subsection 25(4) of the Act, the administrator shall also provide the following information: (

a) the amount of the initial solvency deficiency; (

b) the fact that the deficiency is to be funded in accordance with this Part by equal annual payments over a period not exceeding 10 years; and Documents etc. to be filed Statement to mem- bers

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 224 (

c) the aggregate face amount of a ll of the letters of credit that are held by the holder in respect of the plan. 23.

(1) The face amount of a letter of credit may be reduced, effec- tive the beginning of a plan year, by (

a) the amount by which the aggregate amount of payments that the employer has made to the pension fund in the previous plan year exceeds the total of the required special payments and the normal cost of the plan for that year as shown in an actuarial report that was filed with the superintendent for that year in accordance with subsection 16(2) of the Act; or (

b) the amount by which the aggr egate face amount of all of the letters of credit that are held by the holder in respect of the plan exceeds the amount set out in paragraph 16(2)(

a) or (b).

(2) The face amount of the letter of credit shall not be reduced following a default. 24. Where a solvency deficiency emerges after the day on which the initial solvency deficiency emerged, the new solvency deficiency shall be calculated, for the purposes of paragraph 12(3)(

d) of the Pension Benefits Act Regulations, in accordance with a so lvency valuation in

section 11 of those Regulations and that valuation shall be interpreted as including (

a) the present value of the special payments referred to in sub-

section 16(1); and (

b) the present value of the special payments calculated with respect to an initial unfunded liability that are due in the pe- riod that is the greater of (

i) the 5 years following the emergence of the new sol- vency deficiency, and (ii) the period then remaining of the 10 years following the emergence of the initial solvency deficiency. 25. On receipt of the notice from a holder that an issuer has not paid the face amount of a letter of credit after a demand for payment has been made, the employer shall remit to the pension fund no later than Reduction of the face amount of a letter of credit New solvency deficiency Failure to pay letter of credit

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 225 30 days after the day on which the demand for payment was made, an amount equal to the face amount of that letter of credit. 26.

(1) Where a default occurs, the amount by which the aggregate amount of special payments that would have been remitted to the pen- sion fund in accordance with

Part I from the day on which the initial solvency deficiency emerged, as ad justed to take into account the actu- arial gains that were applied under subsection 13(1) of the Pension Benefits Act Regulations, plus interest, exceeds the aggregate amount of special payments made to the pension fund in accordance with this Part, plus interest, shall immediately be remitted to the pension fund.

(2) Except where a plan is fu lly terminated, the administrator shall have an actuarial report prepared in which the present value of the special payments referred to in subsection 16(1) shall be zero valuing the plan as of the last day of the pl an year in which the default occurs and shall file a copy of the report with the superintendent in accordance with subsection 16(2) of the Act.

(3) A remaining initial solvency deficiency disclosed by the actuarial report prepared in accord ance with subsection (2) shall be calculated by including as an asset an amount remitted to the pension fund in accordance with subsection (1) and the remaining initial sol- vency deficiency shall be considered to have emerged as of the day on which the initial solvency deficiency emerged.

(4) The remaining initial solvency deficiency calculated under subsection (3) shall be funded by special payments sufficient to liqui- date that initial solvency deficiency by equal annual payments over a period not exceeding 5 years minus the number of years that the plan was funded in accordance with this Part. 27. A plan may cease to be funded in accordance w ith this Part, beginning on the first day of a plan year, where (

a) the administrator gives written notice to the superintendent not later than 6 months after the beginning of that plan year; (

b) the amount by which the aggregate amount of special pay- ments that would have been remitted to the pension fund in accordance with

Part I from th e day on which the initial sol- vency deficiency emerged, as ad justed to take into account the actuarial gains that were applied under paragraph 13(1) Occurrence of default Ceasing 10 year funding

Solvency Funding Relief Regulations 30/08 The Newfoundland and Labrador Gazette May 30, 2008 226 of the Pension Benefits Act Regulations , plus interest, ex- ceeds the aggregate amount of sp ecial payments made to the pension fund in accordance with this Part, plus interest, is remitted to the pension fund at least 30 days before the plan's year end; and (

c) an actuarial report is prep ared in accordance with subsection 26(2) and any remaining initial solvency deficiency is calcu- lated and funded in accordance with subsections 26(3) and (4) as if a default occurred, except that the actuarial report shall be prepared valuing the plan as of the first day of the plan year in which funding ceases. 28. These Regulations are repealed on February 1, 2019. 29. These Regulations are consid ered to have come into force on January 1, 2007. ©Earl G. Tucker, Queen's Printer Repeal Commencement

The Newfoundland and Labrador Gazette May 30, 2008 227 NEWFOUNDLAND AND LABRADOR REGULATION 31/08 Open Season Big Game Caribou Hunting Order, Labrador 2007-2008 (Amendment) under the Wild Life Regulations and the Wild Life Act (Filed May 26, 2008) Under the authority of sections 38, 92 and 114 of the Wild Life Regulations and the Wild Life Act, I make the following Order. Dated at St. John’s, May 23, 2008. Charlene Johnson Minister of Environment and Conservation ORDER Analysis 1. S.4 Amdt. Open season 2. S.5 R&S Closed season 1. Subsection 4(1) of the Open Season Big Game Caribou Hunt- ing Order, Labrador 2007-2008 is repealed and the following substi- tuted: NLR 100/07

Open Season Big Game Caribou Hunting Order, Labrador 2007-2008 (Amendment) 31/08 The Newfoundland and Labrador Gazette May 30, 2008 228 4.

(1) There shall be an open season in the following zones during the dates specified: George River Zone August 10, 2007 – April 30, 2008 Big River Zone September 14, 2007-April 30, 2008 Bay of Islands Zone September 14, 2007-April 30, 2008 Orma North Zone October 1, 2007-April 30, 2008 Michikamau East Zone October 1, 2007-April 30, 2008 Michikamau West Zone October 1, 2007-April 30, 2008 Twin Falls Zone October 1, 2007-April 30, 2008 Colville Lake Zone October 1, 2007-April 30, 2008 Sawbill Lake Zone October 1, 2007-April 30, 2008 Milner Lake Zone October 1, 2007-April 30, 2008 McPhayden River Zone October 1, 2007-April 30, 2008 Lac Virot Zone October 1, 2007-March 3, 2008 Orma South Zone November 15, 2007-April 30, 2008 Seal Lake Zone November 14, 2007-April 30, 2008

Section 5 of the Order is repealed and the following substi- tuted: 5. There shall be a closed season in the following zones: (

a) Double Mer Barrens Zone; (

b) Grand Lake Zone; Open season Closed season

Open Season Big Game Caribou Hunting Order, Labrador 2007-2008 (Amendment) 31/08 The Newfoundland and Labrador Gazette May 30, 2008 229 (

c) Nipishish Lake Zone; and (

d) Mulligan River Zone. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette May 30, 2008 231 NEWFOUNDLAND AND LABRADOR REGULATION 32/08 Home Heating Tax Credit Program Regulations under the Income Tax Act, 2000 (O.C. 2008-141) (Filed May 26, 2008) Under the authority of

section 68 of the Income Tax Act, 2000, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 23, 2008. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Home heating overpayment refund 4. Benefit reduction calculation 5. Adjustment for death, long term care or adult education 6. One overpayment per home 7. Application of subsection 38(6) of Act 8. NLR 64/07 Rep. 9. Commencement 1. These Regulations may be cited as the Home Heating Tax Credit Program Regulations.

Short title

Home Heating Tax Credit Program Regulations 32/08 The Newfoundland and Labrador Gazette May 30, 2008 232 2. In these regulations (a) "Act" means the Income Tax Act, 2000; (b) "adjusted income" has the meaning assigned to it under sub-

section 122.5(1) of the federal Act; (c) "department" means the de partment presided over by the minister; (d) "eligible householder" means an individual who has an ad- justed income of $40,000 or less for the taxation year pre- ceding the program year; (e) "home heating fuel" means, for the purpose of these regula- tions, (

i) furnace oil, (ii) stove oil, or (iii) propane; (f) "home" means an individua l’s principal dwelling place and self contained living unit consisting of 2 or more rooms in which individuals reside and usually sleep and prepare and serve meals for their own consumption; (g) "Labrador program area" m eans, for the purpose of these regulations, the electoral districts of Torngat Mountains and Cartwright-L'Anse au Clair; (h) "minister" means the minister appointed under the Executive Council Act to administer the Act; and (i) "program year" means October 1 in a year to April 30 in the following year. 3.

(1) Where an eligible householder or his or her spouse or com- mon law partner has incurred a cost to heat his or her home during the program year and applies to the department that eligible householder shall be considered to have made an overpayment of tax in the amount

Definitions Home heating overpayment refund

Home Heating Tax Credit Program Regulations 32/08 The Newfoundland and Labrador Gazette May 30, 2008 233 set out in

section 4 and the minister shall refund the amount of that overpayment to that householder.

(2) An application made to the department for a refund under this

section shall be in the form and contain the information required by the minister and shall be accompanied by an invoice or other document that he or she considers to be satis factory that indicates that the pur- chase of electricity, home heating fuel or wood was made by the eligi- ble householder or his or her spouse or common law partner.

(3) Notwithstanding subsection (2), where an eligible house- holder or his or her spouse or common law partner incurred a cost to heat his or her home and that home is not connected to an electrical power service or equipped for and using home heating oil as a source of heat, the minister may accept an in voice, receipt or other evidence showing the cost of heating the home that he or she considers satisfac- tory.

(4) Where the department recei ves an application under this

section from an individual who is not an eligible householder and that application is co-signed by his or her spouse or common law partner who is an eligible householder, the application shall be considered to have been made by the spouse or common law partner who is the eligi- ble householder.

(5) An application for a refund under this

section shall be sub- mitted to the department by September 30 following the end of the pro- gram year. 4.

(1) Where an eligible householder's adjusted income is $35, 000 or less for the taxation year preceding the program year, the amount of overpayment of tax referred to in subsection 3(1) shall be: (a) $200, where the pr imary source of heat is electricity or other primary source of heat which is not home heating fuel; (b) $300, where the pr imary source of heat is home heating fuel; or (c) $400 in the Labrador program area, without consideration of the primary source of heat. Benefit reduction calculation

Home Heating Tax Credit Program Regulations 32/08 The Newfoundland and Labrador Gazette May 30, 2008 234

(2) Where an eligible househol der’s adjusted income is more than $35,000 but is $40,000 or less for the taxation year preceding the program year, the amount of the overpayment of tax referred to in sub-

section 3(1) on electricity or other primary source of heat which is not home heating fuel, shall be the greater of (a) $200 minus ((adjusted income minus $35,000) X 4%); and (b) $100.

(3) Where an eligible househol der’s adjusted income is more than $35,000 but is $40,000 or less for the taxation year preceding the program year, the amount of the overpayment of tax on the home heat- ing fuel referred to in subsection 3(1) shall be the greater of (a) $300 minus ((adjusted income minus $35,000) X 6%); and (b) $100.

(4) Notwithstanding subsections (2) and (3), where, in the Lab- rador program area, an eligible hous eholder’s adjusted income is more than $35,000 but is $40,000 or less for the taxation year preceding the program year, the amount of the overpayment of tax referred to in sub-

section 3(1) shall be the greater of (a) $400 minus ((adjusted income minus $35,000) X 8%); and (b) $100. 5. Notwithstanding another provision of these regulations, where (

a) an eligible householder’s spouse or common law partner dies before January 1 in a program year, the adjusted income of the surviving eligible householder will be used to deter- mine eligibility for the purpose of

section 4; or (

b) an eligible householder’s spouse or common law partner resides in a long term care facility, the adjusted income of the eligible householder shall be reduced by the amount of contributions made towards the cost of care of that spouse or common law partner for a continuous 12 month period (

i) in the taxation year ending before the program year, and Adjustment for death, long term care or adult educa- tion

Home Heating Tax Credit Program Regulations 32/08 The Newfoundland and Labrador Gazette May 30, 2008 235 (ii) in the taxation year ending in the program year; (

c) an eligible householder has divorced or has separated from his or her spouse or common law partner before January 1 in a program year, the adjusted income of the eligible house- holder, without reference to the income of the spouse or common law partner, will be used to determine eligibility under

section 4; or (

d) where an eligible househ older has received government funding from the province or Canada for Adult Basic Educa- tion or for skills training during the taxation year previous to the program year, the amount of that funding shall be de- ducted from that individual’s income to determine eligibility for the purpose of

section 4. 6.

(1) Where more than one individual who resides in a home may qualify for an overpayment of tax refund under these regulations, only one of those individuals may apply for and receive that refund.

(2) Where, notwithstanding subsection (1), more than one eligi- ble householder of a home applies for a refund under

section 3, the minister may, in his or her discretion, determine which eligible house- holder is to receive the overpayment of tax amount under these regula- tions. 7. Subsection 38(6) of the Act shall apply to an amount considered to be an overpayment of a tax under these regulations. 8. The Home Heating Tax Credit Regulations, 2007, Newfound- land and Labrador Regulation 64/07, are repealed. 9. These regulations shall be considered to have come into force on December 6, 2007. ©Earl G. Tucker, Queen's Printer One overpayment per home Application of subsection 38(6) of Act NLR 64/07 Rep. Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 30, 2008 237 Index

PART I Change of Name Act – Applications ............................................................................................. .............................................. 209 Corporations Act – Notices .................................................................................................... ...................................................... 205 Lands Act – Notices ........................................................................................................... .......................................................... 203 Mineral Act – Notice .......................................................................................................... ......................................................... 201 Trustee Act – Notices ......................................................................................................... ......................................................... 204 Urban and Rural Planning Act – Notices ........................................................................................ ............................................. 202

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.

Income Tax Act, 2000 Home Heating Tax Credit NLR 32/08 R & S May 30/08, p. 231 Program Regulations NLR 64/07 (In force December 6, 2007) Pension Benefits Act Pension Benefits NLR 29/08 Amends May 30/08, p. 205 Regulations (Amdt) NLR 114//96 S. 7.1 Added Solvency Funding NLR 30/08 New May 30/08, p. 209 Relief Regulations (In force January 1, 2007) Provincial Parks Act Newfoundland and Labrador NLR 27/08 Co rrection Notice May 30/08, p.201 T’Railway Provincial Park Proclamation (Amdt.) Teacher Training Act Teacher Certification NLR 28/08 Amends May 30/08, p. 203 Regulations (Amdt) CNLR 1134/96 Ss. 3 & 4 Amdt.

S. 9.1 Added S. 14 R & S S. 14.1 Added Extraordinary May 23, 2008 Wild Life Regulations and the Wild Life Act Open Season Big Game NLR 31/08 Amends May 30/08, p. 227 Caribou Hunting Order, NLR 100/07 Labrador, 2007-2008 (Amdt)

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 30, 2008 238 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 s tated 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 2008-05-30
Type	gazette
Volume / chapter	printer gazette weekly issues 2008 2008 05 30
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	25f212be2957913053a7c8d44a497eb24345f637

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