Newfoundland and Labrador Gazette, Part II — 14 January 2021 (Extraordinary Issue) — Regulations NLR 1/21
NLG 2021-01-14
Newfoundland and Labrador — Gazette
ST. JOHN’S, THURSDAY, JANUARY 14, 2021 THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY
PART II PUBLISHED BY AUTHORITY NEWFOUNDLAND AND LABRADOR REGULATION NLR 1/21
NEWFOUNDLAND AND LABRADOR REGULATION 1/21 Inquiry Respecting Ground Search and Rescue for Lost and Missing Persons Order under the Public Inquiries Act, 2006 (O.C. 2021-004) (Filed January 14, 2021) Under the authority of
section 16 of the Public Inquiri es Act, 2006, the Lieutenant-Governor in Council makes the following Order. Dated at St. John’s,January 14, 2021. Gary Norris Clerk of the Executive Council ORDER Analysis 1.
Short title 2.
Definitions 3. Inquiry established 4. Conduct of inquiry 5. Minister responsible 6. Rules of procedure 7. Testimony and evidence 8. Funding 9. Final report 1. This Order may be cited as the Inquiry Respecting Ground Search and Rescue for Lost and Missing Persons Order. 2. In this Order (a) "Act" means the Public Inquiries Act, 2006;
Short title
Definitions 3 Extraordinary Gazette January 14, 2021
Inquiry Respecting Ground Search and Rescue Order 1/21 (b) "commissioner" means the person appointed under
section 3 to conduct the inquiry; (c) "department" means the department presided over by the minister; and (d) "minister" means the mini ster appointed under the Executive Council Act to administer this Act. 3. There is established an inquiry respecting ground search and rescue for lost and missing persons in the province and retired Provincial Court judge, Mr. James Igloliorte , is appointed to conduct the inquiry. 4.
(1) The mechanisms by which the inquiry shall be conducted may include (
a) informal hearings; (
b) research studies; (
c) interviews and surveys; and (
d) written submissions.
(2) The commissioner shall take into account in conducting the inquiry that the inquiry process is, to the extent possible, intended to (
a) be trauma-informed and respect the persons, families and communities concerned; (
b) be culturally appropriate; and (
c) consider the risks of traditional activities engaged by Indigenous people on the land. 5. The minister shall be the minister responsible for the inquiry. 6. The commissioner may prepare and publish rules of proc edure for the inquiry that are not inconsistent with the Act or this Order. 7. The commissioner shall have the power to compel the production of testimony and evidence. Inquiry established Conduct of inquiry Minister responsible Rules of procedure Testimony and evidence 4 Extraordinary Gazette January 14, 2021
Inquiry Respecting Ground Search and Rescue Order 1/21 8.
(1) The minister may provide funding to assist i ndividuals and entities who wish to participate in the inquiry.
(2) An individual or entity who requests funding referred to in subsection (1) shall prepare and submit to the department a budget that estimates and itemizes the costs of participating in the inquiry. 9.
(1) The commissioner shall prepare a final report which shall (
a) review the organization and operation of ground search and rescue in the province including air support for ground search and rescue; and (
b) make recommendations that the commissioner considers necessary and advisable related to ground search and rescue in the province.
(2) In preparing the final report the commissioner may consider (
a) information gathered during the informal hearings; (
b) written and oral submissions; (
c) research conducted by the commissioner and persons retained by the commissioner; and (
d) other information the commissioner considers necessary.
(3) The final report shall not (
a) express any conclusions or recommendations regard ing the civil or criminal responsibility of any person or organization; or (
b) make a finding of misconduct against a person or organization.
(4) The final report shall be submitted to the minister on or before June 30, 2021. ©Queen's Printer Funding Final report 5 Extraordinary Gazette January 14, 2021
Extraordinary Gazette Index Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Public Inquiries Act, 2006 Inquiry Respecting Ground Search and Rescue for Lost and Missing Persons Order NLR 1/21 New Jan. 14/21 p. 3 ST. JOHN’S, THURSDAY, JANUARY 14, 2021 7