Newfoundland and Labrador Gazette, Part II — 1 June 2009 (Extraordinary Issue) — Regulations NLR 44/09–NLR 50/09

NLG 2009-06-01

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, MONDAY, JUNE 1, 2009 NEWFOUNDLAND AND LABRADOR REGULATIONS 44/09 45/09 46/09 47/09 48/09 49/09 50/09

Extraordinary Gazette June 1, 2009 3 NEWFOUNDLAND AND LABRADOR REGULATION 44/09 Proclamation bringing Act into force under

An Act to Amend the Highway Traffic Act (O.C. 2009-173) (Filed June 1, 2009) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JOHN C. CROSBIE Lieutenant Governor THOMAS W. MARSHALL, Q.C. Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 8 of “

An Act to Amend the Highway Traffic Act ” SNL2008 c57 (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall come into force on the date set out below; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation d eclare and direct that “

An Act to Amend the Highway Traffic Act” SNL2008 c57, shall come into force on the June 1, 2009. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

Extraordinary Gazette June 1, 2009 4 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable John Carnell Crosbie, Member of the Privy Council of Canada, Officer of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, and one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador AT OUR GOVERNMENT HOUSE in Our City of St.

John’s, this 22nd day of May in the year of Our Lord two thousand and nine in the fifty-eight year of Our Reign. BY COMMAND, BAXTER ROSE Deputy Registrar General

Extraordinary Gazette 5 June 1, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 45/09 Carrier Safety Regulations (Amendment) under the Highway Traffic Act (Filed June 1, 2009) Under the authority of 197 of the Highway Traffic Act, I make the following regulations. Dated at St. John’s, May 29, 2009. Kevin O'Brien Minister of Government Services REGULATIONS Analysis 1. Sch. Amdt. 2. Commencement 1.

(1) The

Schedule to the Carrier Safety Regulations is amended in the provis ions referring to the Highway Traffic Act by adding immediately after the referen ce to paragraph 110(3)(

d) the following: 110.1(4)(a) 0 Exceeding the speed limit by be- tween 1 and 10 kilometres an hour 110.1(4)(b) 2 Exceeding the speed limit by be- tween 11 and 20 kilometres an hour CNLR 1160/96 as amended

Carrier Safety Regulations (Amendment) 45/09 Extraordinary Gazette 6 June 1, 2009 110.1(4)(c) 3 Exceeding the speed limit by be- tween 21 and 30 kilometres an hour 110.1(4)(d) 4 Exceeding the speed limit by 31 kilometres an hour and over

(2) The

Schedule to the regulations is amended in the provi- sions referring to the Highway Traffic Act by deleting the reference to subsection 178(8) and by addi ng immediately after that the fol- lowing: 178.1(2) 2 Operating on a highway a vehicle in which there is a passenger, who is a child 8 years of age or younger, improperly or not secured in a child seat restraint system 2. These regulations come in to force on June 1, 2009. ©Earl G. Tucker, Queen's Printer Commencement

Extraordinary Gazette 7 June 1, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 46/09 Bus Regulations (Amendment) under the Highway Traffic Act (Filed June 1, 2009) Under the authority of

section 195 of the Highway Traffic Act, I make the following regulations. Dated at St. John’s, May 29, 2009. Kevin O'Brien Minister of Government Services REGULATIONS Analysis 1. S.6 Amdt. Equipment required 2. Commencement 1. Paragraph 6(1)(

f) of the Bus Regulations is repealed. 2. These regulations come in to force on June 1, 2009. ©Earl G. Tucker, Queen's Printer CNLR 1000/96 as amended Commencement

Extraordinary Gazette 9 June 1, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 47/09 Licensing and Equipment Regulations (Amendment) under the Highway Traffic Act (Filed June 1, 2009) Under the authority of

section 195 of the Highway Traffic Act , I make the following regulations. Dated at St. John’s, May 29, 2009. Kevin O’Brien Minister of Government Services REGULATIONS Analysis 1. S.44 Amdt. Operation of motorcycle 1. Subsection 44(1) of the Licensing and Equipment Regulations is repealed and the following substituted: 44.

(1) A person shall not operate or ride on a motorcycle or moped unless that person wears a helmet that conforms to the requirements of the (

a) Canadian Standards Association Standard D 230, Safety Helmets for Motorcycle Riders, as amended, and the helmet CNLR 1007/96 as amended Operation of motor- cycle

Licensing and Equipment Regulations (Amendment) 47/09 Extraordinary Gazette 10 June 1, 2009 shall bear the monogram of the Canadian Standards Associa- tion Testing Laboratories; (

b) United States Federal Motor Ve hicle Safety Standard 218, as amended, and the helmet shall bear the DOT symbol as used by the United States Department of Transportation; or (

c) United Nations Economic Commission for Europe, ECE Regulation 22 incorporating the 05 series of amendments, as amended, and the helmet shall bear the approval mark as re- quired by that regulation. ©Earl G. Tucker, Queen's Printer

Extraordinary Gazette 11 June 1, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 48/09 Highway Traffic Demerit Point System Regulations (Amendment) under the Highway Traffic Act (O.C. 2009-181) (Filed June 1, 2009) Under the authority of 186 of the Highway Traffic Act , the Lieu- tenant-Governor in Council makes the following regulations. Dated at St. John’s, June 1, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. Sch. Amdt. 2. Commencement 1.

(1) The

Schedule to the Highway Traffic Demerit Point Sys- tem Regulations is amended by adding immediately after the refer- ence to paragraph 110(3)(

d) the following: 110.1(4)(a) 0 Exceeding the speed limit by be- tween 1 and 10 kilometres an hour 110.1(4)(b) 2 Exceeding the speed limit by be- tween 11 and 20 kilometres an hour CNLR 753/96 as amended

Highway Traffic Demerit Point System Regulations (Amendment) 48/09 Extraordinary Gazette 12 June 1, 2009 110.1(4)(c) 3 Exceeding the speed limit by be- tween 21 and 30 kilometres an hour 110.1(4)(d) 4 Exceeding the speed limit by 31 kilometres an hour and over

(2) The

Schedule to the regulations is amended by deleting the reference to subsection 178(8) and by adding immediately after that the following: 178.1(2) 2 Operating on a highway a vehicle in which there is a passenger, who is a child 8 years of age or younger, improperly or not secured in a child seat restraint system 2. These regulations come in to force on June 1, 2009. ©Earl G. Tucker, Queen's Printer Commencement

Extraordinary Gazette 13 June 1, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 49/09 Highway Traffic Driver Regulations, 1999 (Amendment) under the Highway Traffic Act (O.C. 2009- 178) (Filed June 1, 2009) Under the authority of sections 55.1 and 186 of the Highway Traf- fic Act, the Minister of Government Services and the Lieutenant- Governor in Council make the following regulations. Dated at St. John’s, June 1, 2009. Kevin O'Brien Minister of Government Services Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.12 R&S Medical 2. S.23 Amdt. Approved driver education program 3. S.26.6 Rep.

Registrar's Advisory Com- mittee 4. S.27 Amdt. Evidence of program com- pletion 5. Sch. A Amdt. 6. Commencement

Highway Traffic Driver Regulations (Amendment) 49/09 Extraordinary Gazette 14 June 1, 2009

Section 12 of the Highway Traffic Driver Regulations, 1999 is repealed and the following substituted: 12. The registrar shall not issue a driver's licence to the persons referred to in paragraphs (

a) and (

b) unless the driver has undergone a medical examination and filed with the registrar a certificate from a qualified medical practitioner or a qualified nurse practitioner and completed in accordance with medical standards fixed by the "CCMTA Medical Standards for Drivers" made by the Canadian Council of Mo- tor Transportation Administrators, and (

a) for a person who holds a class 1, 2, 3 or 4 driver’s licence, the certificate shall be filed at the time of making the origi- nal application, every 5 years to age 45, every 3 years to age 65 and annually each year after age 65; and (

b) for a person who holds a class 5, 6 or 8 driver’s licence, the certificate shall be filed at th e ages of 75 and 80 years and every 2 years after the age of 80 years. 2. (1) Subsection 23(2) of th e regulations is repealed and the following substituted:

(2) An approved driver education program may be established to teach proper and safe motor ve hicle operation skills to persons 16 years of age or older who hold or will hold a driver’s licence including a novice driver's licence. (2) Subsection 23(3) of the regulations is repealed and the following substituted:

(3) A driver education program approved under this

section (

a) shall comply with the polices and guidelines which the min- ister may establish with respect to program content, dura- tion, records, vehicles, instructors, materials and other re- quirements; (

b) shall provide instruction in a motor vehicle in addition to instruction held in a classroom; and (

c) may be cancelled by the mi nister in accordance with the policies and guidelines he or she may establish. NLR 110/98 as amended Medical

Highway Traffic Driver Regulations (Amendment) 49/09 Extraordinary Gazette 15 June 1, 2009 (3) Subsections 23(5) and (6) of the regulations are repealed.

Section 26.6 of the regulations is repealed. 4. Subsection 27(2) of the regul ations is repealed and the fol- lowing substituted:

(2) The registrar shall require a person whose licence is rein- stated under subsection (1) to provide proof of successful completion of one or more of the following programs as set out in

Schedule A, within a time set by the registrar: (

a) an alcohol and drug education program; and (

b) an alcohol and drug dependency assessment, followed by an alcohol and drug rehabilitation program where the program is recommended in the assessment. 5.

Schedule A of the regulatio ns is amended by adding imme- diately after the word "Alcohol" wherever it occurs the words "and drug". 6. These regulations come in to force on June 1, 2009. ©Earl G. Tucker, Queen's Printer Commencement

Extraordinary Gazette 17 June 1, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 50/09 Feasibility Report Respecting a Municipal Council for Fogo Island under the Municipalities Act, 1999 (Filed June 1, 2009) Under the authority of

section 9 of the Municipalities Act, 1999 I make the following Order. Dated at St. John’s, May 25, 2009. Dianne Whalen Minister of Municipal Affairs ORDER Analysis 1. Report to be prepared 2. Appointment 3. Preparation of report 4. Submission of report 1. A feasibility report shall be prep ared concerning the matter to conduct a feasibility study considering one municipal council for Fogo Island. 2. Mr. George Whey of Whey Group is appointed to prepare the feasibility report referred to in

section 1. Report to be pre- pared Appointment

Feasibility Report Respecting a Municipal Council for Fogo Island 50/09 Extraordinary Gazette 18 June 1, 2009 3. The feasibility report shall be prepared in accordance with the provisions of the Municipalities Act, 1999 and the Terms of Reference for the study. 4. The feasibility report shall be completed a nd submitted to me before August 22, 2009. ©Earl G. Tucker, Queen's Printer Preparation of report Submission of report

19 ST. JOHN'S, MONDAY, JUNE 1, 2009 Index Title of Act and Subordinate Legislation CNLR or NL Gazette Extra made thereunder NL Reg. Amendment Date & Page No.

An Act to Amend the Highway Traffic Act Proclamation bringing NLR 44/09 new June 1/09 p. 3 Act into force (June 1, 2009) Highway Traffic Act Carrier Safety Regulations NLR 45/09 Amends June 1/09 p. 5 (Amdt.) CNLR 1160/96 Sch. Amdt. Bus Regulations (Amdt.) NLR 46/09 Amends June 1/09 p. 7 CNLR 1000/96 s.6 Amdt. Licensing and Equipment NLR 47/09 Amends June 1/09 p. 9 Regulations (Amdt.) CNLR 1007/96 s.44 Amdt. Highway Traffic Demeri t NLR 48/09 Amends June 1/09 p. 11 Point System Regs (Amdt.) CNLR 753/96 Sch. Amdt.

Highway Traffic Driver NLR 49/09 Amends June 1/09 p. 13 Regulations, 1999 (Amdt.) NLR 110/98 s.12 R&S, s.23 Amdt. s.26.6 Rep. s.27 Amdt. Sch. A Amdt. Municipalities Act, 1999 Feasibility Report NLR 50/09 new June 1/09 p. 17 Respecting a Municipal Council for Fogo Island

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2009-06-01
Type	gazette
Volume / chapter	printer gazette extraordinary issues 2009 2009 06 01
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	32da3aca891bd3f64c25314f027c1bc523f4a090

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