Newfoundland and Labrador Gazette, Part I — 23 June 2023 — Mineral Act Notice; Lands Act Notice

NLG 2023-06-23

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY V ol. 98 ST. JOHN’S, FRIDAY , JUNE 23, 2023 No. 25 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 23218M held by William Mercer on map sheet 12A/16 Mineral License 25315M held by Jacob Kennedy on map sheet 12H/01 Mineral License 25633M held by Walter Sweetapple on map sheet 02C/12 Mineral License 25594M held by Wesley Keats on map sheet 02E/01 Mineral License 26461M held by Jacob Kennedy on map sheet 12H/01 Mineral License 26661M held by Roland Quinlan on map sheet 01M/09 Mineral License 27591M held by James Richard Crocker on map sheet 02E/01, 02E/02 Mineral License 31066M held by Wesley Keats on map sheet 02E/07 Mineral License 31067M held by Wesley Keats on map sheet 02E/10 Mineral License 31068M held by Wesley Keats on map sheet 02E/10 Mineral License 31069M held by Wesley Keats on map sheet 02E/10 Mineral License 31080M held by Wesley Keats on map sheet 02E/10 Mineral License 31081M held by Wesley Keats on map sheet 02E/10 257

Mineral License 31082M held by Wesley Keats on map sheet 02E/07, 02E/10 Mineral License 31083M held by Wesley Keats on map sheet 02E/07 Mineral License 31084M held by Wesley Keats on map sheet 02E/07 Mineral License 31085M held by Wesley Keats on map sheet 02E/07 Mineral License 31086M held by Wesley Keats on map sheet 02E/07 Mineral License 31087M held by Wesley Keats on map sheet 02E/07 Mineral License 31088M held by Wesley Keats on map sheet 02E/10 Mineral License 31089M held by Wesley Keats on map sheet 02E/10 Mineral License 31090M held by Wesley Keats on map sheet 02E/10 Mineral License 31091M held by Wesley Keats on map sheet 02E/07 Mineral License 31092M held by Wesley Keats on map sheet 02E/07 Mineral License 31093M held by Wesley Keats on map sheet 02E/10 Mineral License 31094M held by Wesley Keats on map sheet 02E/10 Mineral License 31095M held by Wesley Keats on map sheet 02E/10 Mineral License 31154M held by D3 Exploration on map sheet 02E/08 Mineral License 31173M held by Blake Morgan on map sheet 2E/07 Mineral License 31200M held by Wesley Keats on map sheet 02E/07, 02E/10 Mineral License 31203M held by Wesley Keats on map sheet 02E/07 Mineral License 31222M held by Precious Metals NL on map sheet 02E/10 Mineral License 31239M Held by Transition Metals Corp.

On map sheet 01M/10 Mineral License 31240M Held by Transition Metals Corp. On map sheet 01M/10 Mineral License 31243M Held by Transition Metals Corp.

On map sheet 01M/10 Mineral License 31702M held by Wesley Keats on map sheet 02D/16, 02E/01 Mineral License 31705M held by Wesley Keats on map sheet 02D/16, 02E/01 Mineral License 31706M held by Wesley Keats on map sheet 02D/16, 02E/01 Mineral License 31824M held by Stephen Keats on map sheet 02E/01, 02F/04 Mineral License 31825M held by Stephen Keats on map sheet 02E/01, 02F/04 Mineral License 31826M held by Zachary Keats on map sheet 02E/01 Mineral License 31827M held by Zachary Keats on map sheet 02E/01 Mineral License 31871M held by Ryan Kalt on map sheet 12A/08 Mineral License 31908M held by Ryan Kalt on map sheet 12A/08 Mineral License 31912M held by Ryan Kalt on map sheet 02D/04, 12A/01 THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 258

Mineral License 31917M held by Ryan Kalt on map sheet 12A/01 Mineral License 32003M held by Pearce Bradley on map sheet 02F/05 Mineral License 32009M held by William Stockley on map sheet 02C/13 Mineral License 32085M held by Peter Rogers on map sheet 02E/01 Mineral License 32283M held by United Gold Inc. on map sheet 12H/01 Mineral License 32389M held by Dustin Keats on map sheet 02D/16 Mineral License 32513M held by Jason Tiller on map sheet 02F/04 Mineral License 32557M held by Alexander T.

Stares on map sheet 02D/11, 02D/14 Mineral License 32582M held by Francis Skeard on map sheet 02F/04 Mineral License 32583M held by Francis Skeard on map sheet 02F/04 Mineral License 32621M held by Darrin Hicks on map sheet 12H/01 Mineral License 32679M held by Crest Resources Inc. on map sheet 02D/05 Mineral License 32908M held by Darrin Hicks on map sheet 12H/01 Mineral License 32916M held by Sigma Mining Group Ltd. on map sheet 02D/04, 02D/05 Mineral License 32919M held by Sigma Mining Group Ltd. on map sheet 02D/03, 02D/04 Mineral License 32920M held by Sigma Mining Group Ltd. on map sheet 02D/04 Mineral License 32921M held by Sigma Mining Group Ltd. on map sheet 02D/04 Mineral License 32981M held by Brian Penney on map sheet 02E/10 Mineral License 32986M held by Sigma Mining Group Ltd. on map sheet 02D/03, 02D/04 Mineral License 33103M held by Kevin Ryan on map sheet 12H/01 Mineral License 33105M held by Angus Bradley on map sheet 02E/01 Mineral License 33312M held by Robert Neville on map sheet 02D/04 Mineral License 33327M held by Wayde Guinchard on map sheet 02E/08 Mineral License Walter Sweetapple held by 33362M on map sheet 02C/13 Mineral License 33389M held by Hilary Butt on map sheet 02D/03 Mineral License 33390M held by Hilary Butt on map sheet 02D/03 Mineral License 33418M held by Hilary Butt on map sheet 02D/03 Mineral License 33468M held by Hilary Butt on map sheet 02D/05 Mineral License 33498M held by Everett Burt on map sheet 02E/07 Mineral License 33499M held by Everett Burt on map sheet 02E/07 Mineral License 33500M held by Everett Burt on map sheet 02E/07 Mineral License 33549M held by Donald Kean on map sheet 02F/04 THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 259

Mineral License 33575M held by Timothy Howse on map sheet 02E/07 A portion of Mineral License 35231M held by Shawn A. R yan on map sheet 02E/04, 12H/01 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, 97/00, 36/01, 31/04, 78/06, 8/08, 28/09, 5/2013 3/17, and 12/22 and outlined on 1:50 000 scale digital maps maintained by the DEPARTMENT OF INDUSTRY , ENERGY AND TECHNOLOGY , 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.

DEPARTMENT OF INDUSTRY , ENERGY AND TECHNOLOGY Trina Adams, Mineral Claims Recorder June 23 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION AMENDMENT TO NEW-WES-VALLEY DEVELOPMENT REGULATIONS TAKE NOTICE that the TOWN OF NEW-WES- VALLEY Development Regulations Amendment No. 2, adopted on the 30th day of May 2023, has been registered by the Minister of Municipal and Provincial Affairs. This amendment gives Council discretionary authority to allow seasonal dwellings to be constructed in the Seasonal Residential zone on lots that do not front onto a public street.

This amendment comes into eff ect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the documents may do so at the New-Wes-Valley Town Office during normal business hours. TOWN OF NEW-WES-V ALLEY Marilyn Kellaway, CAO/Town Clerk June 23 NOTICE OF REGISTRATION AMENDMENT NO. 6, 2023 SOUTHERN SHORE HIGHWAY (ROUTE 10) PROTECTED ROAD ZONING PLAN (2002-2012) TAKE NOTICE that Amendment No. 6, 2023 to the SOUTHERN SHORE HIGHWAY Protected Road Zoning Plan, 2002-2012 has been registered under authority of the Urban and Rural Planning Act, 2000.

In general terms, the purpose of Amendment No. 6, 2023 to the SOUTHERN SHORE HIGHWAY Protected Road Zoning Plan, 2002-2012 is to change specific Rural Conservation zoning to Mixed zoning in the community of Renews-Cappahayden to allow for the development of a residential lot along a

section of the protected highway. Amendment No. 6, 2023 to the SOUTHERN SHORE HIGHWAY Protected Road Zoning Plan, 2002-2012 will come into effect on the date that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of Amendment No. 6, 2023 to the SOUTHERN SHORE HIGHWAY Protected Road Zoning Plan, 2002-2012 may do so at the Department of Municipal and Provincial Affairs during regular business hours.

DEPARTMANT OF MUNICIPAL AND PROVINCIAL AFFAIRS Darren Randell, MCIP, Land Use Planning June 23 NOTICE OF REGISTRATION TOWN OF UPPER ISLAND COVE MUNICIPAL PLAN AMENDMENT No. 6, 2023, and DEVELOPMENT REGULATIONS AMENDMENT No. 14, 2023 TAKE NOTICE that the TOWN OF UPPER ISLAND COVE Municipal Plan Amendment No. 6, 2023, and Development Regulations Amendment No. 14, 2023, adopted by Council on the 17 th day of April, 2023, has been registered by the Minister of Municipal and Provincial Affairs.

Municipal Plan Amendment No. 6, 2023, will re-designate an area of land on the north side of Crane’s Road from Residential to Commercial-Industrial. Development Regulations Amendment No. 14, 2023, will re-zone the same area of land from Residential II (R-II) to Commercial- Industrial (C-I). The TOWN OF UPPER ISLAND COVE Municipal Plan Amendment No. 6, 2023, and Development Regulations Amendment No. 14, 2023, 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 TOWN OF UPPER ISLAND COVE Municipal Plan Amendment No. 6, 2023, and Development Regulations Amendment No. 14, 2023, may do so at the Town Office, Upper Island Cove during normal working hours. TOWN OF UPPER ISLAND COVE Neil Shute,Town Clerk June 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 260

CHANGE OF NAME ACT, 2009 Under the authority vested in me by the Change of Name Act, 2009, SNL2009 cC-8-1, I hereby certify the following names have been changed. Former Surname Former Given Name(

s) Current Surname Current Given Name(

s) JONES MICHAEL WILLIAM DELUKA MIKHAEL LANE JOSHUA DAVID WILLIAM SNOW REN SUSANNAH ROWSELL GREYSON JOHN LEE BRENNAN-ROWSELL GREYSON JOHN LEE OMAR REDWAN SALIH OMER REDWAN SALIH OMAR LAYLA SALIH OMER LAYLA SALIH WHALEN MEGAN HEATHER MCVEIGH MEGAN HEATHER SHERRY BRUCE TERENCE THOMPSON BRUCE TERENCE GALLOP HOLDEN LENNON TOWNES GALLOP-MORGAN HOLDEN LENNON TOWNES WHITE-MALLALEY CHLOE LISA HAYWARD CHLOE LISA HOLLAHAN NICHOLAS DALE KING ZOEY STEPHENS LISAL SCOTT GARNIER SCOTT RICHARD BURROWS LEAH REBECCA JANE COLES LEAH REBECCA JANE BOLAND ELIZABETH STELLA RAE PARSONS ELIZABETH STELLA RAE MACKEY-MOORE EDWARD LEWIS MACKEY EDWARD LEWIS BOLAND PIPER CATHLEEN PARSONS PIPER ISABELLA NOSEWORTHY COURTNEY VIOLET VIOLET COURTNEY GENGE KATIE MEGAN SMITH KATIE MEGAN OSMOND CHRISTOPHER CARL LLOYD LERICHE CHRISTOPHER CARL LLOYD Datd this 20th day of June 2023 DIGITAL GOVERNMENT AND SERVICE NL Sheena Gough, Registrar of Vital Statistics June 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 261

LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL 1991 C36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries and Land Resources, Agriculture and Lands Branch, to acquire title, pursuant to

section 7(2)(

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Atlantic Ocean; Elliston for the purpose of pedestrian trail and viewing area. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see the website below: http://www.ma.gov.nl.ca/lands/sec7notifications.html Please note: It may take up to 5 days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of the notice on the Department of Fisheries and Land Resources website, Crown Lands, http://www.ma.gov. nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) June 23 QUIETING OF TITLES ACT

CHAPTER Q-3, RSNL IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR GENERAL DIVISION NOTICE is hereby given to all parties that JESSIE RITA HICKEY , of the Town of Southern Harbour, in the Province of Newfoundland and Labrador, and JANE CATHERINE ALICE HICKEY , of the City of St. John’s, in the Province of Newfoundland and Labrador have applied to the Supreme Court, General Division, Grand Bank, to have title to all that piece or parcel of property situate at the Town of Southern Harbour, in the District of Placentia West-Bellevue, in the Province of Newfoundland and Labrador, which property is more particularly described in

Schedule “A” hereto annexed and shown in

Schedule “B” hereto annexed. ALL BEARINGS aforementioned, for which JESSIE RITA HICKEY and JANE CATHERINE ALICE HICKEY claim to be the owners investigated and for a Declaration that they are the absolute owners in fee simple in possession and the said JESSIE RITA HICKEY and JANE CATHERINE ALICE HICKEY have been ordered to publish this Notice of Application as required by the above named Act.

All persons having title adverse to the said title claimed by the said JESSIE RITA HICKEY and JANE CATHERINE ALICE HICKEY shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Grand Bank, particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitors for the Petitioner on or before the 24th day of July, 2023, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be investigated then in such manner as the Supreme Court of Newfoundland and Labrador, Grand Bank, may direct. DATED AT Clarenville, in the Province of newfoundland lnd Labrador, this 19th day of June, 2023. MILLS PITTMAN TWYNE LAW OFFICES Solicitors for the Applicants PER: Gregory French ADDRESS FOR SERVICE: 111 Manitoba Drive, Suite 201 Clarenville, NL A5A 1K2 Tel: (709) 466-6108 Fax: (709) 466-7109

Schedule “A” DESCRIPTION Land Gazette No.M7V6YA April 7th, 2022 ALL THAT piece or parcel ofland situate and being in the Town of Southern Harbour, in the Provincial Electoral District of Placentia West-Bellevue, in the Province of Newfoundland and Labrador, abutted and bouuded as follows, that is to say; BEGINNING at a point in the southeasterly limit of Centennial Hill Road, the said point having grid coordinates, NAD83, of North 5287418.020 metres and THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 262

East 232334.079 metres for the Modified Three Degree Transverse Mercator Projection System for the Province of Newfoundland and Labrador; THENCE curving, concave to the southeast, along the said southeasterly limit of Centennial Hill Road, for a distance of nineteen decimal eight five five metres, more or less, to a point, the said point being distant nineteen decimal eight one seven metres as measured on a bearing North thirty-seven degrees fifty-six minutes fifty-eight seconds East from the point of beginning; And thence North forty-two degrees sixteen minutes fifty-six seconds East one decimal six two zero metres; THENCE along land now or formerly of James Emberly South sixty degrees zero five minutes fifty-five seconds East thirty-nine decimal one five two metres; THENCE along land now or formerly of Robert Watts South thirty-three degrees thirty-six minutes forty-six seconds West zero decimal eight two four metres; And thence South twenty-three degrees zero four minutes forty-seven seconds West twelve decimal one seven three metres; THENCE along land of Raymond Pittman South twenty- six degrees ten minutes zero zero seconds West five decimal two six four metres; THENCE along land now or formerly of Bridget Ryan North sixty-four degrees zero three minutes fifteen seconds West forty-four decimal one one four metres, more or less, to the point of beginning; The above described piece or parcel of land containing an area of zero decimal zero eight two six hectares, more or less, and being more particularly shown and delineated on the attached plan; All bearings being referred to the central merdien of fifty-three degrees west longitude, zone one, of the above mentioned projection system.

EDWARDS AND ASSOCIATES LIMITED 2022 Ryan G. Billard, Land Surveyer

Schedule “B” June 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 263

TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of WEI JIAN FANG, Late of St. John’s, in the Province of Newfoundland and Labrador, Deceased. ALL PERSONS claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by full or half blood, legal adoption or marriage) upon or affecting, the Estate of WEI JIAN FANG, Gentleman, who died at St. John’s, NL on or about 22nd day of May, 2022, are hereby requested to send particulars thereof in writing, duly attested, to: OFFICE OF THE PUBLIC TRUSTEE, Suite 401 - 136 Crosbie Road, St. John’s, NL A1B 3K3.

Particulars will be received by the OFFICE OF THE PUBLIC TRUSTEE, as Administrator of the Estate of WEI JIAN FANG, on or before 23 rd , of July, 2023, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED AT the City of St. John’s, in the Province of Newfoundland and Labrador, this 23rd day of June, 2023. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of WEI JIAN FANG ADDRESS FOR SERVICE: Suite 401 - 136 Crosbie Road St.

John’s, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 June 23 ESTATE NOTICE IN THE MATTER OF the Estate of ate RUBY FREAKE, of the Town of Norris Arm North, in the Province of Newfoundland and Labrador, Retired Person, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of RUBY FREAKE, the aforesaid Deceased, who died at Lewisporte, in the Province of Newfoundland and Labrador on or about the 11 th day of March, 2023, 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 3rd day of July, 2023 after which date the Executor have had notice. DATED AT the Town of Gander, Newfoundland and Labrador, this 13th day of June, 2023. PEDDLE LAW Solicitor for the Executor PER: Michael D.

Peddle ADDRESS FOR SERVICE: P.O. Box 563 137 Bennett Drive Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 June 23 ESTATE NOTICE IN THE MATTER OF the Estate of MADONNA FRYE, Late of Stephenville, in the Province of Newfoundland and Labrador, Deceased May 2, 2023.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of MADONNA FRYE, Late of Stephenville, in the Province of Newfoundland and Labrador, Deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 24 th day of July, 2023, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received. DATED AT Stephenville, Newfoundland and Labrador this 20th day of June, 2023.

ROXANNE PIKE LAW OFFICE Solicitor for the Executor PER: Roxanne Pike ADDRESS FOR SERVICE: P.0. Box 272 43 Main Street Stephenville, NL A2N 2Z4 Tel: (709) 643-6436 Fax: (709) 643-9343 June 23 ESTATE NOTICE IN THE MATTER OF the Estate of JAMES MAXWELL HODDINOT, of Gander, in the Province of Newfoundland and Labrador, Retired Pharmacist, Deceased.

ALL PERSONS claiming to be creditors of, or who have any claims or demands upon or affecting the Estate of JAMES MAXWELL HODDINOT, the aforesaid Deceased, who died at Gander, in the Province of Newfoundland and Labrador on or about the 28 th day of August, 2022, 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 July, 2023, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims to which he shall then have had notice.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 264

DATED AT the Town of Gander, Province of Newfoundland and Labrador, this 13th day of June, 2023. PEDDLE LAW Solicitor for the Executor PER: Michael D. Peddle ADDRESS FOR SERVICE: P.O. Box 563 137 Bennett Drive Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 June 23 ESTATE NOTICE IN THE MATTER OF the Estate of Late GERTIE MARCELLA HOLLOWAY of Mount Pearl, in the Province of Newfoundland and Labrador, Retired, Deceased.

ALL PERSONS claiming to be creditors of or who have any claims or demands upon or affecting the Estate of GERTIE MARCELLA HOLLOWAY , the aforesaid Deceased, who died at Mount Pearl, in the Province of Newfoundland and Labrador on or about the 19 th day of February, 2023, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 3 rd day of July, 2023 after which date the Executrix will proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice.

DATED AT the Town of Gander, Newfoundland and Labrador, this 13th day of June, 2023. PEDDLE LAW Solicitor for the Executor PER: Michael D. Peddle ADDRESS FOR SERVICE: P.O. Box 563 137 Bennett Drive Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 June 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 265

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT V ol. 98 ST. JOHN’S, FRIDAY , JUNE 23, 2023 No. 25 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 45/23 NLR 46/23 NLR 47/23 NLR 48/23

NEWFOUNDLAND AND LABRADOR REGULATION 45/23 Carrier Safety Regulations (Amendment) under the Highway Traffic Act (Filed June 22, 2023) Under the authority of

section 197 of the Highway Traffic A ct, I make the following regulations. Dated at St. John’s, June 20, 2023. Sarah Stoodley Minister of Digital Government and Service Newfoundland and Labrador REGULATIONS Analysis 1. S.4 Amdt. Registration 2. S.5 Amdt. Duties and powers of registrar 3. S.6 Amdt. Inspection 4. S.7 Amdt. Carrier rating 5. S.10 Amdt. Safety rating 6. S.11 Amdt. Interventions 7. S.13 Amdt. Driver reports 8. S.14 Amdt. Records 291 The Newfoundland and Labrador Gazette June 23, 2023

Carrier Safety Regulations (Amendment) 45/23 9. S.16 Amdt. Hearing 10. S.17 Amdt. Fleet suspension 11. S.18 Amdt. Variance 12. S.21 Amdt. Facility audit of vehicles 13. S.22 Amdt. Facility audit of drivers 14. Sch. Amdt. 15. Commencement 1. Paragraph 4(8)(

c) of the Carrier Safety Regulations is amended by deleting the words "he or she" and substituting the words "the registrar". 2. Subsection 5(2) of the regulations is amended by (

a) deleting the words "him or her" and substituting the words "the registrar"; and (

b) deleting the words "he or she" and substituting the words "the registrar".

Section 6 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the inspector's". 4. Paragraph 7(2)(

b) of the re gulations is amended by deleting the words "he or she" and substituting the words "the registrar". 5. Subsection 10(4) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar". 6. Subsection 11(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar". 7. Subsection 13(1) of the regulat ions is amended by deleting the words "he or she" wherever they appear and substituting the words "the driver". 8. (1) Paragraph 14(1)(

f) of the regulations is repealed and the following substituted: (

f) a copy of each driver's record of duty status , as required by sections 34 and 39 of the Hours of Service Regulations , 2023, or where a driver is exempt from maintaining a record of duty status, a copy of the carrier's record of hours on duty for the driver; CNLR 1160/96 as amended 292 The Newfoundland and Labrador Gazette June 23, 2023

Carrier Safety Regulations (Amendment) 45/23 (2) Paragraph 14(1)(

g) of the regulations is amended by deleting the reference " Highway Traffic Trip Inspection Report Regulations" and substituting the reference " Trip Inspection Report Regulations". (3) Paragraph 14(4)(

d) of the regulations is amended by (

a) deleting the reference " Highway Traffic Hours of Service Regulations" and substituting the reference " Hours of Service Regulations, 2023"; and (

b) deleting the reference " Highway Traffic Trip Inspection Report Regulations" and substituting the reference " Trip Inspection Report Regulations". (4) Paragraph 14(4.1)(

b) of the regulations is amended by deleting the words "he or she" and substituting the words "the driver". 9. (1) Subsection 16(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar". (2) Subsection 16(5) of the regulations is amended by deleting the words "he or she" and substituting the words "the person". 10.

Subsection 17(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the driver's". 11. (1) Subsection 18(4) of the regulations is amended by deleting the words "his or her" and substituting the words "the registrar's". (2) Subsection 18(6) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the registrar". (3) Subsection 18(7) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar". 293 The Newfoundland and Labrador Gazette June 23, 2023

Carrier Safety Regulations (Amendment) 45/23 12. Subsection 21 (8) of the regulations is amended by deleting the reference "Highway Traffic Trip Inspection Report Regulations " and substituting the reference " Trip Inspection Report Regulations". 13. (1) Paragraph 22(2)(

a) of the regulations is amended by deleting the words "he or she" and substituting the words "the driver". (2) Subsection 22(3) of the regulations is amended by deleting the words "log book records" and substituting the words "records of duty status". (3) Subsection 22(4) of the regulations is repealed and the following substituted:

(4) A carrier shall receiv e points under subsection (3) only where, in accordance with the Hours of Service Regulations, 2023 it is able to provide accurate records of duty status or, if exempt from keeping a record of duty status, accurate time records, for all drivers selected for the facility audit. (4) Subsection 22(6) of the regulations is amended by deleting the reference " Highway Traffic Hours of Service Regulations" and substituting the reference " Hours o f Service Regulations, 2023". (5) Subsection 22(8) of the regulation s is repealed and the following substituted:

(8) A carrier shall receive points under subsection (7) only where, in accordance with the Hours of Service Regulations, 2023 , it is able to demonstrate that all drivers selected for a facility audit have all items on their records of duty status completed. 14. The

Schedule to the Carrier Safety Regulations is amended by deleting the

section references, offences and compliance indicators in relation to the Hours of Service Regulations and substituting the following: 294 The Newfoundland and Labrador Gazette June 23, 2023

Carrier Safety Regulations (Amendment) 45/23 Hours of Service Regulations, 2023 Provision Compliance Indicators Description of Offence 5(a) 1 Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where driving would be likely to jeopardize the safety or health of the public, the driver or the employees of the carrier. 5(b) 1 Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where the driver is the subject of an out-of-service declaration. 5(c) 1 Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where driving would not be in compliance with the regulations. 8(1) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving after the driver has accumulated 13 hours of driving time in a day. 8(2) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving after the driver has accumulated 14 hours of on-duty time in a day. 9(1) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 8 consecutive hours of off-duty time after the driver accumulated 13 hours of driving time. 295 The Newfoundland and Labrador Gazette June 23, 2023

Carrier Safety Regulations (Amendment) 45/23 9(2) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 8 consecutive hours of off-duty time after the driver accumulated 14 hours of on-duty time. 9(3) 3 Carrier requesting, requiring or allowing a driver to drive and a driver driving after 16 hours have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of next 8 or more consecutive hours of off-duty time. 10 1 Carrier failing to ensure that driver has taken or driver failing to take at least 10 hours of off-duty time in a day as prescribed by the regulations. 15(1) 1 Carrier failing to require that driver follows or driver fails to follow either cycle 1 or 2. 15(2) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 24 consecutive hours of off-duty time in the preceding 14 days. 15(3) 3 Carrier requesting, requiring or allowing a driver who is following cycle 1 or a driver who is following cycle 1 driving after having accumulated 70 hours of on-duty time in 7 days. 15(4)(a) 3 Carrier requesting, requiring or allowing a driver who is following cycle 2 to drive or a driver who is following cycle 2 driving after having accumulated 120 hours of on-duty time in 14 days. 296 The Newfoundland and Labrador Gazette June 23, 2023

Carrier Safety Regulations (Amendment) 45/23 15(4)(b) 3 Carrier requesting, requiring or allowing a driver who is following cycle 2 to drive or a driver who is following cycle 2 driving after having accumulated 70 hours of on- duty time without having taken at least 24 consecutive hours of off- duty time. 17(1) 1 Carrier requesting, requiring or allowing a driver to switch or a driver switching cycles without first taking the prescribed off-duty time before beginning to drive again. 31 1 Carrier failing to perform its obligations as a permit holder. 34(1) 3 Motor carrier failing to ensure that a commercial vehicle is equipped with an electronic logging device that meets the requirements of the Technical Standard. 38(1) 2 Carrier failing to require a driver or driver failing to complete a record of duty status. 39(1) and (2) 2 Carrier failing to require a driver or driver failing to legibly enter the prescribed information in the record of duty status. 40 1 Carrier requesting, requiring or allowing a driver to drive or a driver driving while not in possession of records of duty status and supporting documents. 41(1) and (2) 1 Carrier failing to ensure that a driver or a driver failing to forward the record of duty status and supporting documents to the home terminal within the prescribed time period. 297 The Newfoundland and Labrador Gazette June 23, 2023

Carrier Safety Regulations (Amendment) 45/23 41(3)(a) 1 Carrier failing to deposit records of duty status and supporting documents at its principal place of business within the prescribed time period. 41(3)(b) 1 Carrier failing to retain records of duty status and supporting documents for the prescribed time period. 42(1) 3 Carrier requesting, requiring or allowing a driver to keep or a driver keeping more than one record of duty status in respect of any day. 42(2) 3 Carrier requesting, requiring or allowing a person to or a person entering inaccurate information in a record of duty status or falsifying, mutilating, obscuring, altering, deleting, destroying or defacing records of duty status or supporting documents. 42(3) 3 Carrier requesting, requiring or allowing a person to or a person blocking or degrading a signal transmission or reception or tampering with an electronic logging device. 43(1) 1 Carrier failing to monitor compliance of driver with regulatory requirements. 43(2) 1 Carrier failing to take remedial action where non-compliance exists. 46(4) 3 Obstructing, hindering or knowingly making false or misleading statements to an inspector engaged in carrying out duties and functions. 47 1 Driver failing to produce documents 298 The Newfoundland and Labrador Gazette June 23, 2023

Carrier Safety Regulations (Amendment) 45/23 requested by an inspector for inspection. 48(2) 3 Carrier failing to produce documents requested by an inspector for inspection at the place specified by the inspector. 15. These regulations come into force on December 1, 2023. ©King's Printer Commencement 299 The Newfoundland and Labrador Gazette June 23, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 46/23 Hours of Service Regulations, 2023 under the Highway Traffic Act (Filed June 22, 2023) Under the authority of

section 197 of the Highway Traffic Act, I make the following regulations. Dated at St. John’s, June 20, 2023 Sarah Stoodley Minister of Digital Government and Service Newfoundland and Labrador REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application 4. Director and inspectors designated 5. Responsibilities of motor carriers, shippers, consign- ees and drivers 6. Travelling as a passenger, off-duty time 301 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23

PART I DRIVING SOUTH OF LATITUDE 60° NORTH 7. Application 8. Daily driving and on-duty time 9. Mandatory off-duty time 10. Daily off-duty time 11. Deferral of daily off-duty time 12. Ferries 13. Splitting of daily off-duty time, single driver 14. Splitting of daily off-duty time, team of drivers 15. Cycles 16. Cycle reset, off-duty time 17. Cycle switching, off-duty time

PART II DRIVING NORTH OF LATITUDE 60° NORTH 18. Application 19. Mandatory off-duty time 20. Splitting of daily off-duty time, single driver 21. Splitting of daily off-duty time, team of drivers 22. Cycles 23. Cycle reset, off-duty time 24. Cycle switching, off-duty time

PART III PERMITS 25. Special permits 26. Permits for commercial vehicles other than oil well service vehicles 27. Oil well service vehicle permits 28. Application for permits 29. Approval of other directors 30. Issuance of permits 31. Obligations of permit hold- ers 32. Amendment, cancellation and suspension of permits

PART IV EMERGENCIES AND ADVERSE DRIVING CONDITIONS 33. Non-application

PART V ELECTRONIC LOGGING DEVICE RECORDS OF DUTY STATUS 34. Electronic logging device 35. Malfunction 36. Accounts 37. Verification of records of duty status 38. Requirement to complete record of duty status 39. Content of record of duty status 40. Possession of records of duty status and supporting documents by drivers 41. Distribution and keeping of records of duty status 42. Tampering 43. Monitoring by motor carriers

PART VI OUT-OF-SERVICE DECLARATIONS 44. Out-of-service declarations

PART VII INSPECTIONS 45. Proof of authority 46. Authority to enter premises for an inspection 47. Production of records of duty status and supporting documents 48. Inspection

PART VIII OFFENCE, REPEAL AND COMMENCEMENT 49. Offence 50. NLR 94/06 Rep. 51. Commencement

Schedule 302 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 1. These regulations may be cited as the Hours o f Service Regulations, 2023. 2. In these regulations, (a) "adverse driving conditions" means snow, sleet, fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver immediately before the driver began driving or could not reasonably have been known to them; (b) "co-driver" means a person who is present in a commercial vehicle because of having been, or being about to be, its driver; (c) "commercial vehicle" means a vehicle that (

i) is operated by a motor carrier and propelled otherwise than by muscular power, and (ii) is a truck, tractor, trailer or any combination of them that has a registered gross vehicle weight in excess of 4,500 kilograms or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver; (d) "cycle" means (

i) cycle 1, under which on-duty time is accumulated over a period of 7 days, and (ii) cycle 2, under which on-duty time is accumulated over a period of 14 days; (e) "day", in respect of a driver, means a 24 -hour period that begins at the hour designated by the motor carrier for the duration of the driver's cycle; (f) "director" means a federal director or a provincial director; (g) "driver" means

Short title

Definitions 303 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

i) a person who drives a commercial vehicle, and (ii) with respect to a motor carrier, a person employed or otherwise engaged by the motor carrier to drive a commercial vehicle, including a self-employed driver and for the purpose of

section 47, includes a co-driver; (h) "duty status" means any of the following periods: (

i) off-duty time, other than time spent in a sleeper berth, (ii) off-duty time spent in a sleeper berth, (iii) driving time, or (iv) on-duty time, other than driving time; (i) "electronic logging device" means a device or technology that (

i) automatically records a driver's driving time and facilitates the recording of the driver's record of duty status, and (ii) is certified by an accredited certification body under

section 79.1 of the Commercial Vehicle Drivers Hours of Service Regulations (Canada); (j) "emergency vehicle" means a fire -fighting vehicle, ambulance, police vehicle or other vehicle that is used for emergency purposes; (k) "federal director" means the Chief of the Motor Carriers Division of the federal Department of Transport; (l) "home terminal" means the place of business of a motor carrier at which a driver ordinarily reports for work and, for the purposes of recording information relate d to the driver 's record of duty status, includes a temporary work site designated by the motor carrier; (m) "inspector" means 304 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

i) a person designated under subsection 4(2), or (ii) a peace officer within the meaning of

section 2 of the Criminal Code; (n) "motor carrie r" means a person who is engaged in the operation of an intra -provincial or extra -provincial bus undertaking or an intra -provincial or extra -provincial truck undertaking; (o) "off-duty time" means any period other than on-duty time; (p) "oil well service vehicle" means a commercial vehicle that is (

i) specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry, and (ii) used exclusively in the oil or natural gas industry for transporting equipment or materials to and from oil or natural gas well facilities or for servicing and repairing oil or natural gas well facilities; (q) "on-duty time" means the period that begins when a driver begins work or is required by the motor carri er to be available to work, except where the driver is waiting to be assigned to work, and ends when the driver stops work or is relieved of responsibility by the motor carrier, and includes driving time and time spent by the driver (

i) inspecting, servicing, repairing, conditioning, fuelling or starting a commercial vehicle, (ii) travelling in a commercial vehicle as a co -driver when the time is not spent in the sleeper berth, (iii) participating in the loading or unloading of a commercial vehicle, (iv) inspecting or checking the load of a commercial vehicle, (

v) waiting before and while a commercial vehicle is serviced, loaded, unloaded or dispatched, 305 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (vi) waiting before and while a commercial vehicle or its load is inspected and the driver's require ments are assessed, and, if relevant, the time spent taking the required remedial actions, (vii) waiting at an en -route point because of an accident or other unplanned occurrence or situation, (viii) resting in or occupying a commercial vehicle for any other purpose, except (

A) time counted as off -duty time in accordance with

section 6, (

B) time spent in a sleeper berth, (

C) time spent in a stationary commercial vehicle to satisfy the requirements of subsection 10(3), and (

D) time spent in a stationary commercial vehicle that is in addition to the off -duty requirements of subsection 10(3), and (ix) performing any work for any motor carrier; and (

x) performing yard moves of a commercial vehicle within a terminal, depot or port and that is not on a public road; (r) "out-of-service declaration" means a declaration issued by a director or inspector under

section 44; (s) "principal place of business" means the place or places designated by the motor carrier where records of duty status and supporting documents are stored; (t) "provincial director" means, unless the context indicates otherwise, a person designated by the minister under subsection 4(1); (u) "record of duty status" means a record in which a driver records the information required under s ection 34 or 39, as the case may be, for each day; 306 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (v) "supporting document" means any one of the following documents or information received or prepared by a driver in the course of the driver's duties or received or prepared by the motor carrier: (

i) any electronic mobile communication record reflecting communications between a driver and a motor carrier transmitted through a driver call- in or fleet management system, (ii) any payroll record, settlement sheet or equivalent document that indicates payments to the driver, (iii) any government -issued document indicating the location of the commercial vehicle, (iv) any reports, receipts, records or other documentation relating to the load of the commercial vehicle, including any bill of lading, itinerary,

schedule or equivalent document that indicates the origin and destination of each trip, (

v) any reports, receipts, records or other documentation relating to the servicing, repairing, conditioning, fuelling, inspection or rental of the commercial vehicle , and (vi) any reports, dispatch or trip records , receipts or other documentation indicating the date, time or location of the commercial vehicle during a trip, including arrival and departure times; and (w) "Technical S tandard" means the Technical Stan dard for Electronic Logging Devices, April 11, 2019, published by the Canadian Council of Motor Transport Administrators, as amended from time to time, other than provision 4.5.1.11(b)(9) of that standard. 3.

(1) These regulations apply to all commercial vehicles except (

a) a two or three-axle commercial vehicle being used for Application 307 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

i) transporting the primary products of a farm, forest, sea or lake, if the driver or the motor carrier is the producer of the products, or (ii) a return trip after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea or lake; (

b) an emergency vehicle; (

c) a vehicle engaged in providing relief in the case of a public welfare emergency, as that expression is defined in

section 5 of the Emergencies Act (Canada); (

d) a bus that is part of the public transit service that is provided in a municipality, in contiguous municipalities or within 25 kilometres of the boundary of the municipality or contiguous municipalities in which the public transit service is provided; and (

e) a commercial vehicle when driven for personal use, if (

i) the commercial vehicle has been unloaded, (ii) any trailers have been unhitched, (iii) the distance travelled does not exceed 75 kilometres in a day, (iv) the driver has recorded in the record of duty status the odometer reading at the beginning and e nd of the personal use, (

v) the driver is not the subject of an out -of-service declaration under

section 44, and (vi) the commercial vehicle is not used in the course of the business of the motor carrier.

(2) Notwithstanding subsection (1), the minister may exempt a commercial vehicle or motor carrier from the application of these regulations where that exemption is, in the opinion of the minister, 308 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 required in the interest of public safety, and the exemption may be subject to the terms and conditions that the minister may impose. 4.

(1) The minister may designate a person to exercise in the province the duties and functions of a director for the purposes of these regulations.

(2) A director may designate inspectors for the purpose of these regulations. 5. A motor carrier, shipper, consignee or other person shall not request, require or allow a driver to drive and a driver shall not drive if (

a) driving would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier; (

b) the driver is the subject of an out-of-service declaration; or (

c) the driver, in doing so, would not be in compliance with these regulations. 6. If a driver who has, at the request of the motor carrier by whom the driver is employed or otherwise engaged, spent time travelling as a passenger, by any mode of transportation , to the destination at which the driver will begin driving takes 8 consecutive hours of off- duty time before beginning to drive, the time spent as a passenger shall be counted as off-duty time.

PART I DRIVING SOUTH OF LATITUDE 60° NORTH 7. Sections 8 to 17 apply with respect to driving south of latitude 60° north. 8.

(1) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 13 hours of driving time in a day.

(2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 14 hours of on-duty time in a day. Director and inspectors designated Responsibilities of motor carriers, shippers, consignees and drivers Travelling as a passenger, off-duty time Application Daily driving and on-duty time 309 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 9.

(1) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 13 hours of driving time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 14 hours of on -duty time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(3) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after 16 hours of time hav e elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time. 10.

(1) A motor carrier shall ensure that a driver takes and the driver shall take at least 10 hours of off-duty time in a day.

(2) Off-duty time other than the mandatory 8 consecutive hours may be distributed throughout the day in blocks of no less than 30 minutes each.

(3) The total amount of off- duty time taken by a driver in a day shall include at least 2 hours of off -duty time that does not form part of a period of 8 consecutive hours of off-duty time required by

section 9. 11. Notwithstanding sections 8 and 10, a driver who is not splitting off-duty time in accordance with

section 13 or 14 may defer a maximum of 2 hours of the daily off-duty time to the following day if (

a) the off -duty time deferred is not part of the mandatory 8 consecutive hours of off-duty time; (

b) the total off -duty time taken in the 2 days is at least 20 hours; (

c) the off -duty time deferred is added to the 8 consecutive hours of off-duty time taken in the second day; (

d) the total driving time in the 2 days does not exceed 26 hour s; and Mandatory off-duty time Daily off-duty time Deferral of daily off-duty time 310 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

e) there is a declaration in the record of duty status that (

i) states that the driver is deferring off -duty time under this section, and (ii) clearly indicates whether the driver is driving under day one or day two of that time. 12. Notwithstanding sections 9 and 10, a driver travelling by a ferry crossing that takes more than 5 hours is not required to take the mandatory 8 consecutive hours of off-duty time if (

a) the time spent resting in a sleeper berth while waiting at the terminal to board the ferry, in rest accommodations on the ferry and at a rest stop that is no more than 25 kilometres from the point of disembarkation from the ferry combine to total a minimum of 8 hours; (

b) the hours are recorded in the record of duty status as off-duty time spent in a sleeper berth; (

c) the driver retains, as a supporting document, the receipt for the crossing and rest accommodation fees; and (

d) the supporting document coincides with the record of duty status entries. 13.

(1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off -duty time and daily off -duty time requirements of sections 9 and 10 by accumulating off -duty time in no more than 2 periods if (

a) neither period of off-duty time is shorter than 2 hours; (

b) the total of the 2 periods of off-duty time is at least 10 hours; (

c) the off-duty time is spent resting in the sleeper berth; (

d) the sleeper berth meets the requirements of the schedule; (

e) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours; Ferries Splitting of daily off-duty time, single driver 311 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

f) the elapsed time in the periods immediately before and after each of the periods of off -duty time d oes not include any driving time after the 16 th hour after the driver comes on duty, calculated in accordance with subsection (2); (

g) none of the daily off -duty time is deferred to the next day; and (

h) the total of the on -duty time in the periods immed iately before and after each of the periods of off -duty time referred to in paragraph (

b) does not include any driving time after the 14th hour.

(2) The 16th hour is calculated by (

a) excluding any period spent in the sleeper berth that is 2 hours or mor e in duration and that, when added to a subsequent period in the sleeper berth, totals at least 10 hours; and (

b) including (

i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 2 hours spent in the sleeper berth, and (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section. 14.

(1) A team of drivers driving a commercial vehi cle fitted with a sleeper berth may meet the mandatory off -duty time and daily off -duty time requirements of sections 9 and 10 by accumulating off -duty time in no more than 2 periods if (

a) neither period of off-duty time is shorter than 4 hours; (

b) the total of the 2 periods of off-duty time is at least 8 hours; (

c) the off-duty time is spent resting in the sleeper berth; Splitting of daily off-duty time, team of drivers 312 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

d) the sleeper berth meets the requirements of the schedule; (

e) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours; (

f) the elapsed time in the periods immediately before and after each of the periods of off -duty time does not include any driving time after the 16 th hour after the driver comes on duty, calculated in accordance with subsection (2); (

g) none of the daily off -duty time is deferred to the next day; and (

h) the total of the on -duty time in the periods immediately before and after each of the periods of off -duty time referred to in par agraph (

b) does not include any driving time after the 14th hour.

(2) The 16th hour is calculated by (

a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and (

b) including (

i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 4 hours spent in the sleeper berth, and (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section. 313 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 15.

(1) A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.

(2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.

(3) A motor carrier shall not request, require or allow a driver who is following cycle 1 to drive and a dr iver who is following cycle 1 shall not drive after the driver has accumulated 70 hours of on -duty time during any period of 7 days.

(4) A motor carrier shall not request, require or allow a driver who is following cycle 2 to drive and a driver who is fol lowing cycle 2 shall not drive after the driver has accumulated (a) 120 hours of on-duty time during any period of 14 days; or (b) 70 hours of on -duty time without having taken at least 24 consecutive hours of off-duty time. 16.

(1) Notwithstanding subsection 15(2), (3) or (4), a driver may end the current cycle and begin a new cycle if the driver first takes the following off-duty time: (

a) for cycle 1, at least 36 consecutive hours; or (

b) for cycle 2, at least 72 consecutive hours.

(2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again. 17.

(1) A motor carrier shall not request, require or allow a driver to switch and a driver shall not switch from one cycle to the other without first taking the following off-duty time before beginning to drive again: (

a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; or Cycles Cycle reset, off- duty time Cycle switching, off-duty time 314 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

b) to switch f rom cycle 2 to cycle 1, at least 72 consecutive hours.

(2) After taking the off -duty time, driver begins the other cycle, the accumulated hours are set back to zero , and the driver's hours begin to accumulate again.

PART II DRIVING NORTH OF LATITUDE 60° NORTH 18. Sections 19 to 24 apply with respect to driving north of latitude 60° north. 19.

(1) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated more than 15 hours of driving time or 18 hours of on -duty time unless the driver takes at least 8 consecutive hours of off -duty time before driving again.

(2) A motor carrier shall not request, require or allow a driver to drive and a driver sha ll not drive if more than 20 hours of time has elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time. 20.

(1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off -duty time requirements of

section 19 by accumulating off-duty time in no more than 2 periods if (

a) neither period of off-duty time is shorter than 2 hours; (

b) the total of the 2 periods of off-duty time is at least 8 hours; (

c) the off-duty time is spent resting in the sleeper berth; (

d) the sleeper berth meets the requirements of the schedule; (

e) the total of th e driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours; (

f) the on-duty time in the periods immediately before and after each of the periods of off -duty time does not include any Application Mandatory off-duty time Splitting of daily off-duty time, single driver 315 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 driving ti me after the 18 th hour after the driver comes on duty, calculated in accordance with subsection (2); and (

g) none of the daily off-duty time is deferred to the next day.

(2) The 18th hour is calculated by (

a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and (

b) including (

i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 2 hours spent in the sleeper berth, and (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section. 21.

(1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off -duty time requirements of

section 19 by accumulating off-duty time in no more than 2 periods if (

a) neither period of off-duty time is shorter than 4 hours; (

b) the off-duty time is spent resting in the sleeper berth; (

c) the sleeper berth meets the requirements of the schedule; (

d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours; (

e) the on-duty time in the periods immediately before and after each of the periods of off -duty time does not include any driving time after the 18 th hour after the driver comes on duty, calculated in accordance with subsection (2); and Splitting of daily off-duty time, team of drivers 316 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

f) none of the off-duty time is deferred to the next day.

(2) The 18th hour is calculated by (

a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and (

b) including (

i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 4 hours spent in the sleeper berth, and (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section. 22.

(1) A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.

(2) A motor carrier shall not request, require or allow a driver to drive and a dri ver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.

(3) A motor carrier shall not request, require or allow a driver who is following cycle 1 to drive and a driver who is following cycle 1 shall not drive after the driver has accumulated 80 hours of on -duty time during any period of 7 days.

(4) A motor carrier shall not request, require or allow a driver who is following cycle 2 to drive and driver who is following cycle 2 shall not drive after the driver has accumulated (a) 120 hours of on-duty time in any period of 14 days; or (b) 80 hours of on -duty time, without having taken at least 24 consecutive hours of off-duty time. Cycles 317 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 23.

(1) Notwithstanding subsection 22(2), ( 3) or ( 4), a driver may end the current cycle and begin a new cycle if the driver first takes the following off-duty time: (

a) for cycle 1, at least 36 consecutive hours; or (

b) for cycle 2, at least 72 consecutive hours.

(2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again. 24.

(1) A motor carrier shall not request, require or allow a driver to switch and a driver shall not switch from one cycle to the other without first taking the following off-duty time before beginning to drive again: (

a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; or (

b) to switch from cycle 2 to cycle 1, at leas t 72 consecutive hours.

(2) After taking the off -duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

PART III PERMITS 25.

(1) The federal director may issue a special permit to a motor carrier for the purpose of a research or pilot project if the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized.

(2) Sections 8 to 24 and 33 to 48 do not appl y in respect of special permits.

(3) The applicant shall provide to the federal director a detailed work plan that includes at least the following information: (

a) the nature of the proposed research or pilot project; Cycle reset, off- duty time Cycle switching, off-duty time Special permits 318 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

b) the objectives of the proposed research or pilot project; (

c) the competence of the applicant to participate in the proposed research or pilot project; (

d) the criteria and method for measuring results; (

e) the safety implications and the approach to addressing any possible risks identified; (

f) the duration of the proposed research or pilot project; and (

g) the manner of and timing for reporting results. 26.

(1) A provincial director may issue a permit to a moto r carrier in respect of a commercial vehicle other than an oil well service vehicle if (

a) the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized; and (

b) a reduction of off -duty time or an in crease in driving time is required (

i) to allow a driver following a regular itinerary to reach the driver's home terminal or destination, (ii) to allow the delivery of perishable goods, or (iii) to accommodate a significant temporary increase in the transportation of passengers or goods by the motor carrier.

(2) The only deviations from the requirements of these regulations that may be authorised in the permit are (

a) a reduction of the 2 hours of daily off -duty time required by subsection 10(3) if th e commercial vehicle is operated south of latitude 60° north; and (

b) an increase in driving time and on -duty time of up to a total of 2 hours. Permits for com- mercial vehicles other than oil well service vehicles 319 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 27.

(1) A provincial director may issue a permit to a motor carrier in respect of an oil well service vehicle if (

a) the driver has successfully completed training directly relat- ed to safety requirements associated with operating within the field services sector of the oil or natural gas industry; and (

b) the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized.

(2) Sections 15 to 17 and 22 to 24 do not apply in respect of an oil well service vehicle permit, but instead the permit shall require that the driver take (

a) at least 3 periods of off -duty time, each at least 24 hours long, in any period of 24 days, the periods being taken consecutively or separated by on-duty time; and (

b) at least 72 consecutive hours of off -duty time after ending driving under the provisions of the permit and beginning driving under those sections.

(3) When the driver begins to drive again under sections 15 to 17 or 22 to 24, the driver begins to accumulate hours in the cycle.

(4) Waiting time and standby time at an oil or natural gas well site or ancillary facility shall not be included as on-duty time if (

a) the driver performs no work during the time; (

b) the time is fully and accurately recorded in the record of duty status as off -duty time and denoted as waiting or standby time; and (

c) the time is not included in the mandatory minimum of 8 consecutive hours of off-duty time.

(5) None of the daily off- duty time shall be deferred to the next day. 28.

(1) A motor carrier may apply to a director for a permit by providing the following information and documents: Oil well service vehicle permits Application for permits 320 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

a) the name of the motor carrier; (

b) the names of the drivers who will drive a commercial vehicle for the motor carrier; (

c) the driver licence numbers of the drivers and the provinces of issuance; (

d) a list of the commercial vehicles operated by the motor carrier; (

e) a list of all accidents involving the motor carrier or any driver of the motor carrier that occurred during the 6 months before the date of the application if they are required by th e laws of the province, state or country in which the accident occurred to be reported to the police; (

f) the requested duration of the permit; (

g) in the case of an extra -provincial truck undertaking, a detailed description of the load and the provinces in respect of which the permit is to apply; (

h) in the case of an extra -provincial bus undertaking, a detailed description of the routes in respect of which the permit is to apply; (

i) the requested schedule; (

j) the reasons for the application, with supporting evidence; (

k) a copy of every permit issued to the motor carrier under these regulations in the previous 5 years; (

l) a signed declaration that discloses any other application for a permit under these regulations made by the motor carrier to any director within the 6 months before the date of the application; and (

m) any other information required by the director to evaluate whether the granting of a permit would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier. 321 The Newfoundland and Labrador Gazette June 23, 2023

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(2) If requested by the director to do so, the motor carrier shall make available to the director the records of duty status , supporting documents or records of on-duty times, for the 6 months before the date of the application, of every driver who will drive a commercial vehicle of the motor carrier under the permit. 29.

(1) Before issuing a permit, a director shall obtain the written approval of the provincial directors of the provinces in which th e commercial vehicle will be driven under the permit.

(2) A provincial director from whom approval is sought shall (

a) respond to the request for approval within 30 days after receiving it; and (

b) give approval if the provincial director has no reason to believe that the safety or health of the public, the driver or the employees of the motor carrier would be likely to be jeopardized by the granting of the permit. 30. A director who issues a permit shall specify in the permit (

a) the reasons for issuing it; (

b) its duration, which shall not exceed one year; (

c) any terms or conditions required for the protection of the safety or health of the public, the driver or the employees of the motor carrier; and (

e) the provinces in which the permit is to apply. 31. A motor carrier to whom a permit is issued shall (

a) require that a copy of the permit is placed in each commercial vehicle in respect of which it applies; (

b) provide the director with a list of the commercial vehicles in respect of which the permit applies and keep the director informed of any changes so that the director may accurately and quickly identify the vehicles; Approval of other directors Issuance of permits Obligations of permit holders 322 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

c) make available for inspection by the director, immediately on reque st, the record of duty status and the supporting documents of the drivers of the commercial vehicles in respect of which the permit applies; and (

d) notify the director without delay of any accident involving any of the commercial vehicles to which the permit applies if it is required by the laws of the province, state or country in which the accident occurred to be reported to the police. 32.

(1) A director who issues a permit may amend, cancel or suspend it, and a director who approves a permit issued by another director may withdraw the approval, on written notification to the motor carrier, if (

a) the motor carrier or the driver contravenes these regulations or any condition of the permit; or (

b) the director determines that the safety and health of the public, the driver or the employees of the motor carrier are likely to be jeopardized.

(2) When a director withdraws approval for a permit issued by another director, the director who issued the permit shall amend it to remove the authority for a commercial vehicle to be operated under the permit in the province in respect of which approval is withdrawn.

PART IV EMERGENCIES AND ADVERSE DRIVING CONDITIONS 33.

(1) The requirements of these regulations with respect to driving time, on-duty time and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach a destination that provides safety for the occupants of the commercial vehicle and for other users of the road or the security of the commercial vehicle and its load.

(2) A driver who encounters adverse driving conditions while driving the vehicle during a trip south of latitude 60° north may extend the permitted 13 hours of driving time specified in sections 8 and 9 and reduce the 2 hours of daily off -duty time required by subsection 10(3) by the amount of time needed to complete the trip if Amendment, can- cellation and sus- pension of permits Non-application 323 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

a) the driving, on -duty and elapsed time in the cycle the driver followed is not extended more than 2 hours; (

b) the driver still takes the required 8 consecutive hours of off - duty time; and (

c) the trip could have been completed under normal driving conditions without the reduction.

(3) A driver who encounters adverse driving conditions while driving the vehicle during a trip north of latitude 60° north may extend the permitted 15 hours of driving time specified in

section 19 by the amount of time needed to complete the trip if (

a) the extension of the driving time is no more than 2 hours; (

b) the driver still takes the required 8 consecutive hours of off - duty time; and (

c) the trip could have been completed under normal driving conditions without the extension.

(4) A driver who extends the driving, on- duty or elapsed time because of an emergency or adverse driving conditions shall record the reason for doing so in the record of duty status.

PART V ELECTRONIC LOGGING DEVICE RECORDS OF DUTY STATUS 34.

(1) A motor carrier shall ensure that each commercial vehicle that it operates is equipped with an electronic logging device that meets the requirements of the Technical Standard, and shall ensure that it is mounted in a fixed position during the operation of the commercial vehicle and is visible to the driver when the driver is in the normal driving position, with the exception of a commercial vehicle that is (

a) operated by a motor carrier under a permit; (

b) operated by a motor carrier to which an exemption has been issued under the Act; Electronic logging device 324 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

c) the subject of a rental agreement of n o longer than 30 days that is not an extended or renewe d rental of the same vehicle; (

d) manufactured before model year 2000; (

e) a school bus; or (

f) a vehicle operated by or on behalf of a public utility.

(2) A motor carrier shall require a driver t o record, and the driver shall record for each day, in accordance with these regulations and the Technical Standard, all the information associated with the driver's record of duty status as the driver's duty status changes. (3) Subsections (1) and (2) do not apply if (

a) the driver drives or is instructed by the motor carrier to drive a commercial vehicle within a radius of 160 km of the home terminal; (

b) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time; and (

c) the motor carrier maintains accurate and legible records showing, for each day, the cycle the driver followed and on - duty times and keeps those records and the supporting documents relating to those records for a minimum period of 6 months after the day on which each record was recorded.

(4) If a motor carrier authorizes a driver to operate a commercial vehicle for yard moves within a terminal, depot or port and that is not on a public road, the motor carrier shall ensure that the driver’s electronic logging device has been configured so that the driver can indicate those moves.

(5) A driver shall manually input or verify the following information in the electronic logging device: (

a) the date and the start time, if different from midn ight, and the driver identification number; (

b) the cycle that the driver is following; 325 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

c) the commercial vehicle licence plates as well as the unit number or trailer number, if applicable; (

d) the names and the addresses of the home terminal and the principal place of business of the motor carrier by which the driver was employed or otherwise engaged during that day; (

e) the commercial vehicle’s location description, if it is not automatically drawn from the electronic logging device's geo-location database; (

f) if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of off -duty time and on- duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day; (

g) any deferral of off-duty time under

section 11; (

h) if the driver was working for more than one motor carrier during the current day or the previous 14 days (

i) for each day during the 14 days immediately before the current day, the total number of hours for each duty status that were accumulated by the driver, and the beginning and end time of each 16 -hour period referred to in subsection 9(3), and (ii) the start and end times of each duty status in the current day, before the use of the electronic logging device; and (

i) any annotation necessary to complete the record of duty status.

(6) A motor carrier shall not request, require or allow a driver to use, and a driver shall not use, more than one electronic logging dev ice at the same time for the same period.

(7) A motor carrier shall ensure that each commercial vehicle that it operates carries an electronic logging device information packet containing a current version of the following documents: (

a) a user’s manual; 326 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

b) an instruction sheet for the driver describing the data transfer mechanisms supported by the electronic logging device and the steps required to generate and transfer the data with respect to the driver’s hours of service to an inspector; (

c) an instruction sheet for the driver describing the measures to take in the event that the electronic logging device malfunctions; and (

d) a sufficient number of records of duty status to allow the driver to record the information required under

section 39 for at least 15 days.

(8) A motor carrier shall ensure that the driver records the information related to the driver's record of duty status and the driver is required to record that information in a complete and accurate manner. 35.

(1) A motor carrier shall ensure that any electronic logging device that is installed or used in a commercial vehicle that it operates is in good working order and is calibrated and maintained in accordance with the manufacturer’s or seller’s specifications.

(2) If a driver of a commercial vehicle becomes aware of the fact that the electronic logging device is displaying a malfunction or data diagnostic code set out in Table 4 of

Schedule 2 of the Technical Standard, the driver shall notify the motor carrier that is operating the commercial vehicle as soon as the vehicle is parked.

(3) A driver shall record, in the record of duty status on the day on which the driver noticed the malfunction or data diagnostic code, the following information: (

a) the malfunction or data diagnostic code as set out in Table 4 of

Schedule 2 of the Technical Standard; (

b) the date and time when the malfunction or data diagnostic code was noticed; and (

c) the time when notification of the malfunction or data diagnostic code was transmitted to the motor carrier. Malfunction 327 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23

(4) A driver shall record the code referred to in paragraph (3 )(

a) in each record of duty status following the day on which the code was noticed, until the electronic logging device is repaired or replaced.

(5) A motor carrier shall, within 14 days after the day on which it was notified of an electronic logging device malfunction or data diagnostic code by a driver or otherwise became aware of it, or at the latest, upon return of the driver to the home terminal from a planned trip if that return exceeds the 14 -day period, repair or replace the electronic logging device.

(6) A motor carrier shall maintain a register of electronic logging device malfunction or data diagnostic codes for electronic logging devices installed or used in commercial vehicles that it operates for which a malfunction was noticed, and that regi ster shall contain the following information: (

a) the name of the driver who noticed the malfunction or data diagnostic code; (

b) the name of each driver that used the commercial vehicle following the discovery of the malfunction or data diagnostic code until the electronic logging device was repaired or replaced; (

c) the make, model and serial number of the electronic logging device; (

d) the licence plate of the commercial vehicle in which the electronic logging device is installed or used, or the Vehicle Identification Number; (

e) the date when the malfunction or data diagnostic code was noticed and the location of the commercial vehicle on that date, as well as the date when the motor carrier was notified or otherwise became aware of the code; (

f) the date the electronic logging device was replaced or re- paired; and (

g) a concise description of the actions taken by the motor carrier to repair or replace the electronic logging device. 328 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23

(7) A motor carrier shall retain the information set out in subsection (6) for each electronic logging device for which a malfunction was noticed for a period of 6 months from the day on which the electronic logging device is replaced or repaired. 36. A motor carrier shall create and maintain a system of accou nts for electronic logging devices that is in compliance with the Technical Standard and that (

a) allows each driver to record the driver's record of duty status in a distinct and personal account; and (

b) provides for a distinct account for the driving time of an unidentified driver. 37.

(1) A driver shall, immediately after recording the last entry for the day, certify the accuracy of the driver's record of duty status.

(2) A motor carrier shall verify the accuracy of the certified records of duty status that are forwarded by a driver according to the supporting documents provided and shall require from the driver those changes necessary to ensure the accuracy of the records.

(3) A driver shall either accept or r eject the changes required by the motor carrier, make the necessary changes and recertify the accuracy of the driver's record of duty status and forward the amended records of duty status to the motor carrier. 38.

(1) A motor carrier shall require every driver to complete, and every driver shall complete a record of duty status each day that accounts for all of the driver’s on -duty time and off -duty time for that day if (

a) the driver is driving a commercial v ehicle as set out in paragraphs 34(1)(

a) to (f); or (

b) the electronic logging device is displaying a malfunction or data diagnostic code set out in Table 4 of

Schedule 2 of the Technical Standard.

(2) This

section does not apply if Accounts Verification of records of duty status Requirement to complete record of duty status 329 The Newfoundland and Labrador Gazette June 23, 2023

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a) the driver drive s, or is instructed by the motor carrier to drive, a commercial vehicle within a radius of 160 km of the home terminal; (

b) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time; (

c) the motor carrier maintains accurate and legible records showing, for each day, the cycle the driver followed and on - duty times and keeps those records and the supporting documents relating to those records for a minimum period of 6 months after the day on which each recor d was recorded; and (

d) the driver is not driving a commercial vehicle und er a permit issued under these r egulations or is driving under an exemption issued under the Act. 39.

(1) At the beginning of each day, a motor car rier shall require that a driver enters legibly, and the driver shall enter legibly, the following information in a record of duty status, using a grid in the form set by the minister: (

a) the date, the start time if different than midnight, the name of the driver and, if the driver is a member of a team of drivers, the names of the co-drivers; (

b) in the case of a driver who is not driving under an oil well service vehicle permit, the cycle that the driver is following; (

c) the commercial vehicle licence plates or unit numbers; (

d) the odometer reading of each of the commercial vehicles driven by the driver; (

e) the names and addresses of the home terminal and the principal place of business of every motor carrier by which the driver will be employed or otherwise engaged during that day; (

f) if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of off -duty time and on- duty time that were Content of record of duty status 330 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 accumulated by the driver each day during the 14 days immediately before the beginning of the day; and (

g) if applicable, a declaration in the record of duty status that states that the driver is deferring off -duty time under

section 11 and that clearly indicates whether the driver is driving under day one or day two of that time.

(2) The motor carrier shall require that the driver records, and the driver shall record, in the record of duty status, using the grid referred to in subsection (1) , the following information as it becomes known: (

a) the beginning time and ending time for each duty status by drawing a continuous line between the time markers; (

b) the name of the municipality or legal subdivision and the name of the province or state where a change in duty status occurs or, if the chang e in duty status occurs at a location other than a municipality or legal subdivision, one of the fol- lowing: (

i) the highway number and the nearest kilometre marker as well as the name of the nearest municipality or legal subdivision, (ii) the highway num ber and the nearest service plaza as well as the name of the nearest municipality or legal subdivision, or (iii) the numbers of the highways that meet at the nearest intersection as well as the name of the nearest municipality or legal subdivision; and (

c) the total number of hours of each period of duty status, which total must equal 24 hours.

(3) For greater certainty, nothing in subsection (2) prevents the driver from changing the hours at the top of the grid referred to in subsection (1) in order to reflect a different start time.

(4) A driver shall record in the record of duty status, as this information becomes known, the names and addresses of any other 331 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 motor carriers by which the driver has been employed or otherwise engaged during the day.

(5) If a driver is engaged in making deliveries in a municipality that results in a number of periods of driving time being interrupted by a number of short periods of other on -duty time, the periods of driving time may be combined and the periods of other on- duty time may be combined on the grid referred to in subsection (1).

(6) A motor carrier shall require that a driver records at the end of each day, and the driver shall record at the end of each day, on the grid referred to in subsection (1) , the total h ours for each duty status and the total distance driven by the driver that day, excluding the distance driven in respect of the driver’s personal use of the vehicle, as well as the odometer reading at the end of the day and the driver shall sign the record of duty status certifying the accuracy of the information recorded in it.

(7) A requirement that a driver record time in a record of duty status is a requirement to record the time using the local time at the driver's home terminal. 40. A driver who is required to complete a record of duty status shall not drive and a motor carrier shall not request, require or allow the driver to drive unless the driver has in the driver's possession (

a) a copy of records of duty status for the preceding 14 days and, in the case of a driver driving under an oil well service permit, for each of the required 3 periods of 24 consecutive hours of off-duty time in any period of 24 days; (

b) the record of duty status for the current day, completed up to the time at which the last change in the driver's duty status occurred; and (

c) any supporting documents or other relevant records that the driver received in the course of the current trip. 41.

(1) A driver shall, within 20 days after completing a record of duty status, forward the record of duty status and supporting documents relating to that record of duty status to the home terminal and the motor carrier shall ensure that the driver does so. Possession of records of duty status and support- ing documents by drivers Distribution and keeping of records of duty status 332 The Newfoundland and Labrador Gazette June 23, 2023

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(2) A driver who is employed or otherwise engaged by more than one motor carrier in any day shall forward, within 20 days after completing a paper record of duty status , and the motor carriers shall ensure that the driver forwards (

a) the original of the record of duty status to the home terminal of the last motor carrier for which the driver worked and a copy of it to the home terminal of each other carrier for which the driver worked; and (

b) the supporting documents relating to that record of duty status to the home terminal of the motor carrier for which the driver worked during the periods referred to in those supporting documents.

(3) A motor carrier shall (

a) deposit the record s of duty status and supporting documents relating to the records of duty status at its principal place of business within 30 days after receiving them; and (

b) keep the records of duty status and supporting documents in chronological order for each driver fo r a period of at least 6 months after the day on which they are received. 42.

(1) A motor carrier shall not request, require or allow a driver to keep and a driver shall not keep more than one record of duty status in respect of any day.

(2) A motor carrier shall no t request, require or allow any per- son to enter and a person shall not enter inaccurate information in a record of duty status or falsify, mutilate , obscure, alter, delete, destroy or deface records of duty status or supporting documents.

(3) A motor carr ier shall not request, require or allow a person to, and a person shall not disable, deactivate, disengage, jam or otherwise block or degrade a signal transmission or reception , or re - engineer, reprogram or otherwise tamper with an electronic logging device so that the electronic logging device does not accurately record and retain the data that is required to be recorded and retained. 43.

(1) A motor carrier shall monitor the compliance of each driver with these regulations. Tampering Monitoring by motor carriers 333 The Newfoundland and Labrador Gazette June 23, 2023

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(2) A motor carrier that determines that there has been non - compliance with these regulations shall take immediate remedial action and record the dates on which the non -compliance occurred and the action taken.

PART VI OUT-OF-SERVICE DECLARATIONS 44.

(1) A director or an inspector may issue an out -of-service declaration in respect of a driver if (

a) the driver contravenes paragraph 5(a); (

b) the driver fails to comply with any of the driving time or off - duty time requirements of

Part I,

Part II or a term or condition of a permit; (

c) the driver is unable or refuses to produce the driver's record of duty status in accordance with

section 47; (

d) there is evidence that shows that the driver has completed more than one record of duty status for a day , has entered inaccurate information in the record of duty status or has falsified information in the record of duty status; (

e) the driver has falsified, mutilated, obscured, altered, deleted, destroyed or defaced a record of duty status or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving time and off-duty time requirements of

Part I,

Part II or of a term or condition of a permit; or (

f) the driver uses an electronic logging device that has a disabled, deactivated, disengaged, jammed or otherwise blocked or degraded signal transmission or reception or uses an electronic logging device that has been re -engineered, reprogrammed or otherwise tampered with so that it does not accurately record and retain data that is required to be recorded and retained, in such a way that the director or inspector is unable to determine whether the driver has complied with the driving time and off -duty time requirements of

Part I,

Part II or of a term or condition of a permit. Out-of-service declarations 334 The Newfoundland and Labrador Gazette June 23, 2023

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(2) The director or inspector shall notify the driver and the motor carrier in writing of the reason that the driver has been made the subject of an out -of-service declaration and the period during which it applies.

(3) An out-of-service declaration applies (

a) for 10 consecutive hours, if the driver contravenes paragraph 5(a); (

b) for 10 consecutive hours, if the driver contravenes

section 8; (

c) for 8 consecutive hours, if the driver contraven es

section 9 or 19; (

d) for 72 consecutive hours, if the driver contravenes

section 42; and (

e) for the number of hours needed to correct the failure, if the driver fails to comply with the off -duty time requirements of any of

Part I or

Part II or of a t erm or condition of a permit or with the requirements of

section 47.

(4) The out -of-service declaration in respect of a driver who contravenes

section 42 continues to apply beyond the 72 hours until the driver rectifies the record of duty status, if applicable, and provides it to the director or inspector so that the director or inspector is able to de- termine whether the driver has complied with these regulations.

PART VII INSPECTIONS 45. An inspector shall, at all times during the exer cise of the inspector's functions, produce on request proof of the inspector's designation and title. 46.

(1) An inspector may, during business hours, enter a motor carrier's home terminal or principal place o f business, other than living quarters, for the purpose of verifying compliance with the requirements of these regulations. Proof of authority Authority to enter premises for an inspection 335 The Newfoundland and Labrador Gazette June 23, 2023

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(2) An inspector may, at any time , enter a commercial vehicle, or stop and enter it, for the purpose of verifying compliance with t he requirements of these regulations.

(3) An inspector may, at any time, enter a sleeper berth, or stop a commercial vehicle and enter its sleeper berth for the purpose of verifying that the sleeper berth meets the requirements of the Schedule.

(4) A per son shall not obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to an inspector who is engaged in carrying out the inspector's duties and functions under these regulations. 47.

(1) At the request of an inspector, a driver shall produce for inspection (

a) records of duty status for the current day and the preceding 14 days; (

b) the supporting documents for the current trip in their existing format; and (

c) any permit under which the driver may be driving.

(2) If the records of duty status requested by the inspector are in electronic format, the driver shall (

a) produce either the display or a printout of the records of duty status; and (

b) if requested by the inspector to transmit the records of duty status, transmit them by the transfer method identified by the inspector that is provided in the Technical Standard and is supported by the electronic logging device.

(3) The driver shall, at the request of an inspector, give the inspector (

a) a copy of the paper records of duty status and supporting documents for the current day and the preceding 14 days, or the originals if it is not possible in the circumstances to make copies; and Production of records of duty status and supporting documents 336 The Newfoundland and Labrador Gazette June 23, 2023

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b) any permit under which the driver may be driving.

(4) The inspector shall provide the driver with a receipt , in the form set by the minister , for the paper records of duty status and supporting documents received. 48.

(1) An inspector may request that a motor carrier provide one or more of the following documents: (

a) records of duty status and the supporting documents relating to those records of duty status that are in its possession; (

b) records of driving time of an unidentified driver; (

c) the documents referred to in subsection 34(7); (

d) the register of electronic logging device malfunction set out in subsection 35(6); (

e) any permit under which a driver is driving or was driving during the period for which the inspector makes t he request; or (

f) the information recorded under subsection 43(2).

(2) A motor carrier shall, during business hours, produce the documents requested under subsection (1) for inspection at the place specified by the inspector.

(3) A motor carrier shall transmit to the inspector the electronic records of duty status in the format, and using one of the transfer methods, set out in the Technical Standard.

(4) The inspector shall (

a) immediately return the permit if it is still a current permit and provide a receipt in the form set by the minister for any expired permit as well as for the paper records of duty status and supporting documents; and (

b) return the expired permits, paper records of duty status and supporting documents within 14 days after the day on which they were received. Inspection 337 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23

PART VIII OFFENCE, REPEAL AND COMMENCEMENT 49.

(1) A person who contravenes

section 4 2 is guilty of an offence and is liable on

summary conviction to a fine of not less than $500 and not more than $2,000 for each contravention.

(2) A person who contraven es

section 44 is guilty of an offence and is liable on

summary conviction to a fine of not less than $1,000 and not more than $3,000 for each contravention.

(3) A person who contravenes a provision of these regul ations other than a provision referred to in subsection (1) or (2) is guilty of an offence and is liable on

summary conviction to a fine of not less than $25 and not more than $100 for each contravention. 50. The Hours of Service Regulation s, 2006, Newfoundland and Labrador Regulation 94/06, are repealed. 51. These regulations shall come into force December 1, 2023. Offence NLR 94/06 Rep. Commencement 338 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23

Schedule Sleeper berth An area of a commercial vehicle is a sleeper berth if (

a) it is designed to be used as sleeping accommodation; (

b) it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it; (

c) it is not located in or on a semi-trailer or a full trailer; (

d) if it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space; (

e) in the case of a bus, (

i) it is located in the passenger compartment, (ii) it is at least 1.9 metres in length, 60 centimetres in width and 60 centimetres in height, (iii) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked, (iv) it provides privacy for the occupant, and (

v) it is equipped with a means to significantly limit the amount of light entering the area; (

f) in the case of a commercial vehicle other than a bus, it is rectangular in shape with at least the following dimensions: (i) 1.9 metres in length, measured on the centre line of the longitudinal axis, (ii) 60 centimetres in width, measured on the cent re line of the transverse axis, and (iii) 60 centimetres in height, measured from the sleeping mattress to the highest point of the area; 339 The Newfoundland and Labrador Gazette June 23, 2023

Hours of Service Regulations, 2023 46/23 (

g) it is constructed so that there are no impediments to ready entrance to or exit from the area; (

h) there is a d irect and readily accessible means of passing from it into the driver's seat or compartment; (

i) it is protected against leaks and overheating from the vehicle's exhaust system; (

j) it is equipped to provide adequate heating, cooling and ventilation within the range of household temperatures; (

k) it is reasonably sealed against dust and rain; (

l) it is equipped with a mattress that is at least 10 centimetres thick; and (

m) it is equipped with a means of preventing ejection of the occupant during deceleration of the commercial vehicle, the means being designed, installed and maintained to withstand a total force of 2,700 kilograms applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle. ©King's Printer 340 The Newfoundland and Labrador Gazette June 23, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 47/23 Home Heating Supplement Regulations (Amendment) under the Income Tax Act, 2000 (O.C. 2023-158) (Filed June 23, 2023) 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, June 22, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.3 Amdt. Overpayment and refund 3. S.4 Amdt. Benefit reduction calculation 4. S.5 Amdt. Adjustments 341 The Newfoundland and Labrador Gazette June 23, 2023

Home Heating Supplement Regulations (Amendment) 47/23 1.

(1) Paragraph 2(

d) of the Home Heating Supplement Regulations is repealed and the following substituted: (d) "eligible householder" means an individual who (

i) has an adjusted income equal to or less than $150,000 for the 2022 taxation year, and (ii) either (

A) filed a return of income for the 2022 taxation year as a resident of the province, or (

B) relocated to the province after December 31, 2022;

(2) Paragraph 2(

f) of the regulations is repealed and the following substituted: (f) "home" means an individual's principal dwelling place in the province that consists of 2 or more rooms;

(3) Section 2 of the regulations is amended by deleting the word "and" after paragraph (g).

(4) Paragraph 2(

h) of the regu lations is repealed and the following substituted: (h) "program period" means December 1, 2022 to November 30, 2023; and

(5) Section 2 of the regulations is amended by adding immediately after paragraph (

h) the following: (i) "return of income" means in respect of an individual who is resident in the province at the end of the taxation year, the individual's return of income, other than a return of income under subsection 70(2) or 104(23) of the federal Act, paragraph 128(2)(

e) of the federal Act or subs ection 150(4) of the federal Act, that is required to be filed for the taxation year or that would be required to be filed if the individual had tax payable under that Act for the taxation year. NLR 70/22 342 The Newfoundland and Labrador Gazette June 23, 2023

Home Heating Supplement Regulations (Amendment) 47/23 2. Subsection 3(4) of the regulations is amended by deleti ng the year "2022" and substituting the year "2023".

Section 4 of the regulations is amended by deleting the year "2021" wherever it appears and substituting the year "2022".

Section 5 of the regulations is amended by deleting the year "2021" wherever it appears and substituting the year "2022". ©King's Printer 343 The Newfoundland and Labrador Gazette June 23, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 48/23 Petroleum Products Regulations (Amendment) under the Petroleum Products Act (O.C. 2023-164) (Filed June 22, 2023) Under the authority of

section 23 of the Petroleum Products Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, June 22, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.4.1 Amdt. Release of information 3. S.7 Amdt. Components of the maximum price 4. S.9 Amdt. Initial setting of the benchmark price 5. S.13.1 Added Carbon price adjustment 6. S.14 Amdt. Periodic adjustment timing 345 The Newfoundland and Labrador Gazette June 23, 2023

Petroleum Products Regulations (Amendment) 48/23 1.

(1) Section 2 of the Petroleum Products Regulations is amended by adding immediately after paragraph (a.01) the following: (a.02) "Argus" means Argus Americas Biofuels report or any other report published by Argus Media that the board considers relevant;

(2) Paragraph 2(a.1) of the regulations is repealed and the following substituted: (a.1) "benchmark" means, with respect to a type, grade or component of heating fuel or motor fuel, (

i) the reported product price assessment by Platts and by Bloombergs or OPIS in the case of propane, a nd as set out in the Schedule, (ii) the reported product price assessment by Argus, and (iii) notwithstanding subparagraph s (

i) and (ii), with respect to mid -grade and premium unleaded gasoline, the product price assessment for Unl 87;

(3) Section 2 of the regulations is amended by adding immediately after paragraph (

b) the following: (b.1) "carbon price adjustment" means a monetary adjustment established by the board in accordance with

section 13.1; (b.2) "low-carbon-intensity fuel" means low -carbon-intensity fuel as defined in the Clean Fuel Regulations (Canada);

(4) Section 2 of the regulations is amended by deleting the word "and" at the end of paragraph (e ), deleting the period at the end of paragraph (

f) and substituting a semi -colon and the word "and" and adding immediately after paragraph (

f) the following: (g) "primary supplier" means a primary supplier as defined in the Clean Fuel Regulations (Canada). 2. Subsection 4.1(1) of the regulations is amended by deleting the word "and" at the end of paragraph (e), deleting the period at NLR 79/01 as amended 346 The Newfoundland and Labrador Gazette June 23, 2023

Petroleum Products Regulations (Amendment) 48/23 the end of parag raph (

f) and substituting a semi -colon and the word "and" and adding immediately after paragraph (

f) the following: (

g) the carbon price adjustment. 3. (1) Subsection 7(1) of the regulations is amended by deleting the word "and" at the end of paragraph (c), deleting the period at the end of paragraph (

d) and substituting a semi -colon and the word "and" and adding immediately after paragraph (

d) the following: (

e) the carbon price adjustment. (2) Subsection 7(2) of the regulations is amended by deletin g the word "and" at the end of paragraph (b), deleting the period at the end of paragraph (

c) and substituting a semi -colon and the word "and" and adding immediately after paragraph (

c) the following: (

d) the carbon price adjustment. 4. Subsection 9(1) of the r egulations is repealed and the following substituted: 9.

(1) For each type of motor fuel and heating fuel, the benchmark price shall be the average of the average of the daily high and low product prices for the benchmark, as reported in Platts, Bloombergs or Argus during the 4 week period immediately preceding the date on which the maximum wholesale price or maximum retail price is to take effect. 5. The regulations are amended by adding immediately after

section 13 the following: 13.1

(1) The board shall establish a carbon price adjustment that mitigates the costs incurred for wholesale rs and retailers as a result of a primary supplier's requirement to comply with the Clean Fuel Regulations (Canada).

(2) When establishing a carbon price adjustment, the board may consider the following Initial setting of the benchmark price Carbon price adjustment 347 The Newfoundland and Labrador Gazette June 23, 2023

Petroleum Products Regulations (Amendment) 48/23 (

a) written submissions from primary suppliers, wholesalers and retailers regarding the financial and administrative burdens associated with the appl ication of the Clean Fuel Regulations (Canada); (

b) the cost of low-carbon-intensity fuel; (

c) the costs incurred by wholesalers and retailers as a result of a primary supplier's requirement to comply with the Clean Fuel Regulations (Canada); and (

d) any other information the b oard considers relevant in relation to the application of the Clean Fuel Regulations (Canada).

(2) The carbon price adjustment shall be expressed in Canadian cents per litre or other unit of measurement appropriate to the petroleum product. 6. (1) Subsection 14(2) of the regulations is repealed and the following substituted:

(2) For each type of motor fuel and heating fuel, the benchmark price shall be adjusted to be the average of the average of the daily high and low product prices for the benchmark, as reported in Platts, Bloombergs or Argus during the period immediately following: (

a) the date on which the benchmark price was first established by the board; or (

b) where the benchmark price has been previously adjusted, the date on which the benchmark price was last adjusted.

(2) Section 14 of the regulations is amended by adding immediately after subsection (4) the following:

(4.1) The board may , at any time, adjust the carbon price adjustment, after considering whether an adjustment would be reasonable given changes to the costs to wholesalers and retailers since the carbon price adjustment was last established by the board. ©King's Printer 348 The Newfoundland and Labrador Gazette June 23, 2023

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 23, 2023 349 Index

PART I Change of Names Act – Notice .....................................................................................................................................................261 Lands Act – Notices ......................................................................................................................................................................262 Mineral Act – Notice .....................................................................................................................................................................257 Quieting of Titles Act – Notice .....................................................................................................................................................262 Trustee Act – Notices ....................................................................................................................................................................264 Urban and Rural Planning Act, 2000 – Notices .............................................................................................................................260

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Highway Traffic Act Carrier Safety Regulations (Amdt.) (In force Dec. 1, 2023) NLR 45/23 Amends CNLR 1160/96 S.4 Amdt. S.5 Amdt. S.6 Amdt. S.7Amdt. S.10 Amdt. S.11Amdt. S.13 Amdt. S.14 Amdt. S.16 Amdt. S.17 Amdt. S.5 Amdt. S.18 Amdt. S.21 Amdt. S.22 Amdt. Sch. Amdt.

Jun. 23/23 p. 291 Hours of Service Regulations, 2023 (In force December 1, 2023) NLR 46/23 R&S NLR 94/06 Jun. 23/23 p. 301 Income Tax Act, 2000 Home Heating Supplement Regulations (Amdt.) NLR 47/23 Amends NLR 70/22 S.2 Amdt. S.3 Amdt. S.4 Amdt S.5 Amdt. Jun. 23/23 p. 341 Petroleum Products Act Petroleum Products Regulations (Amdt.) NLR 48/23 Amends NLR 79/01 S.2 Amdt. S.4.1 Amdt. S.7 Amdt S.9 Amdt. S.13.1 Added S.14 Amdt. Jun. 23/23 p. 345

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2023-06-23
Type	gazette
Volume / chapter	nlg20230623
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	3c3faf53c8c26eddc59c1337b6dcce3890231bb7

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