1 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 82 ST. JOHN’S, FRIDAY, JANUARY 5, 2007 No. 1 JUDICATURE ACT – CRIMINAL CODE Rules of the Supreme Court, 1986 – Criminal Appeal Rules COURT OF APPEAL PRACTICE NOTE CAPN No. 2006-01 DATE ISSUED: December 20, 2006 RULES AFFECTED: Civil Appeal Rules 57.14, 57.15 and 57.16 and Criminal Appeal Rules 13, 14, 15 and 16 EFFECTIVE DATE: January 1, 2007 The following Practice Note was filed with the Registrar, as Secretary of the Rules Committee of the Court of Appeal, and is published pursuant to Rule 57.31(3) of the Rules of the Supreme Court, 1986.

Note: This Practice Note applies to both the Civ il Appeal Rules and the Criminal Appeal Rules. NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2006 as enacted up to Dec. 12, 2006. This issue does not contain any Subordinate Legislation Attached is a list of publication dates for the year 2007.

THE NEWFOUNDLAND AND LABRADOR January 5, 2007 2 CONFORMING TO RULES RESPECTING FILING AN APPEAL BOOK AND A FACTUM Background and Purpose The Court has become concerned about the significant number of instances in which counsel are filing an appeal book or a factum, or both, which do not conform to the requirements of the rules. There are three specific areas of concern: (

i) conform ity with the technical requirements of the rules; (ii) failure to pr ovide indexing and proper referenc es to relevant portions of th e transcript; and (iii) citation and provision of copies of authorities. While it does not impact content or meri t, failure to conform to the technical re quirements of the rules and provide proper indexing, references and citations creates inconveniences and di fficulties for the judges which results in delay in filing the decision.

These failures to conform include: filing extensive tr anscripts without indexing, dating, tabbing or any other means for the judges to find evidence that may not be specifically referre d to by a page number; failure to conform to the cover colour requirements; failure to provide an index of authorities or pl acing it in an unusual position in the factum; failure to bind th e document properly; filing the decision appealed from in other than

Part I of the appeal book; and occasionally, a variety of ot her deficiencies. In addition, there is a growing incons istency in the filing of copies of auth orities. Since implementation of Practice Note CAPN 2001-03, relating to submission of case authorities to the Court, ther e have been some improvements in the reliability of the paragraph numbe ring, pagination references and presentation ge nerally of electronic ve rsions of cases report ed in official law reports and semiofficial law reports.

A furthe r purpose of this note is to address concerns of the profession with respect to existing limitations on the ability to use electronic versions of case authorities and, at the same time, address co ncerns of the Court that it be provided with reports of case authorit ies that can reasonably be relied upon by the Court in expressing its reasons for judgment. To better accommodate the profession, in the submission of authorities in the course of proceedings before it, CAPN 2001-03 will be replaced with the provisions of this Practice Note that deal with the filing of authorities.

This Practice Note also addresses the procedure to be followed when seeking leave to file a factum in excess of 40 pages. Practice Note Conformity with Technical Requirements 1. Counsel are asked to review the above mentioned Civil Appeal rules and Criminal Appeal rules and the content of this Practice Note and ensure that, in future, any factum or appe al book filed conforms with the requirements of both the Rules and this Practice Note. In the absence of reasona ble conformity the Registry will not accept the document tendered. 2. Particular attention is drawn to the requirements that (

a) an unmarked copy of the decision appealed from is to be filed as an item in

Part I of the appeal book, and not as part of the book of authorities or the factum as frequently occurs, and (

b) a factum, including authorities (case law and legislation) unless printed both sides which the Court prefers, is to be bound with the typed pages on the left, and this is not achieved by simply binding on the right edge without changing the page order. Transcripts 3. Trial and discovery transcripts must include, at the front, and if more than one volume, at the front of every volume, a table of contents consisting of the names of all of th e witnesses together with the page references for the commencement of the examination, cross-examination and re-examination of each of the witnesses, and 4.

References in the factum to portions of the transcript must include the specific page numbers of the evidence being referenced. Citation of and Filing Copies of Authorities 5. The Court accepts, as official reports, reports that are au thorized by the court whose decisions they report (e.g. Supreme Court Reports, Federal Court Reports) and, as semiofficial reports, reports published by commercial law publishers but

THE NEWFOUNDLAND AND LABRADOR January 5, 2007 3 which have a measure of authority nonetheless through cust om and practice (e.g. Dominion Law Reports, Canadian Criminal Cases, Newfoundland and P.E.I. Reports, Ontario Reports). 6.

Reports of cases obtained from elec tronic data bases may be used provided the report of the judgment contains paragraph numeration consistent with the numbering of the pa ragraphs in the judgment as released from the court, or inserted page numbers that indicates the point at which that page number changes in the o fficial or semi-official report from which the electronic report originates. 7.

In all cases where counsel have a choi ce, it is greatly more beneficial for th e Court to be provided with copies of authorities taken from official or semi-official reports, as those are the citations which the Court must use in writing its reasons. Where, however, counsel is confident that there are no textual or formatting differences (as is presently asserted by CanLII to be the case with reports taken from its database), any one of the official, semi-official or electronic version is, subject to the above, acceptable. 8.

Casebooks of authorities filed in conne ction with a proceeding in the Court should conform to the following guidelines. (

a) Only the cases to which counsel have referred in the factum should be included; (

b) When a copy of an authority is contai ned in materials already file d by another party, it is not necessary to produce an additional copy. Reference may be made to the copy filed by the other party specifically indicating where the authority is to be found. (

c) There should be a tab for each case (e ither numerical or alphabetical), and an index of the authorities which indicates the tab where the authority is reproduced; and (

d) The index must include the official report citation where on e exists, or the semi-official report if no official report exists and the neutral citation where one has been issued, and where the case report used is taken from an electronic source, the electronic citation. 9. Citations, in the factum, of authorities should (

a) be placed in the body of the factum, not in footnotes, (

b) include the tab reference each time the authority is cited, and (

c) include reference to specific paragraphs or pages each time the authority is cited. 10. Copies of the authorities may, if c ounsel wishes, be highlighted, or otherwis e marked to identify the portion of the authority, to which counsel wishes to draw attention. 11. When citing a decision of the Supreme Court of Canada, if the copy provided in the authorities is not from the Supreme Court Reports, the citation from the Supreme Court Reports must be included with the citation listed in the index of authorities. 12.

When citing a decision of the Trial Division or of this Court, if the copy provided in the authorities is not from the Newfoundland and P.E.I. Reports, the citation from the Newfoundl and and P.E.I. Reports must be included with the citation listed in the index of authorities. 13. When the factum and authorities are contained in a single volume the index of authorities must be placed immediately after the factum, just before the copies of the authorities. Where there is a separate book of authorities, or more than one book of authorities, the index of authorities shall be placed at the front of each book.

Limiting Argument to 40 pages 14. Civil Appeal rule 57.15(3)(

d) and Cr iminal Appeal rules 14(3) and 15(3) lim it the argument portion of the factum to not more than forty pages, unless otherwise authorized by the Court. On those rare occasions when it may be necessary to seek such leave, an Appellant or Respondent seeking leave, pursuant to t hose rules to file a factum containing argument in excess of forty pages, must make an application to the Court se tting out the applicant’s reasons for requesting that the Court grant such leave, and must file with that application a copy of the factum which the Applicant proposes to submit.

An appli cation for leave to file a factum in excess of forty pages will not be considered by the Court, without submission in draft of the factum proposed to be filed.

THE NEWFOUNDLAND AND LABRADOR January 5, 2007 4 Authorized by: Clyde K.

Wells Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Madonna Morris Deputy Registrar, Court of Appeal Supreme Court of Newfoundland and Labrador Jan 5 CRIMINAL CODE COURT OF APPEAL PRACTICE NOTE CAPN No. 2006-02 DATE ISSUED: December 20, 2006 RULES AFFECTED: N/A EFFECTIVE DATE: Upon publication The following Practice Note was filed with the Registrar, as Secretary of the Rules Committee of the Court of Appeal, and is published pursuant to Rule 27 of the Criminal Appeal Rules and Rule 57.31(3) of the Rules of the Supreme Court, 1986.

INFORMING AND PROCESSING OF SURETIES UPON JUDICIAL INTERIM RELEASE APPLICATIONS AND REVIEW OF JUDICIAL INTERIM RELEASE APPLICATIONS Background and Purpose 1. From time to time the Court has to hear, pursuant to the provisions of the Criminal Code of Canada , Judicial Interim Release (JIR) applications and applications to review applications. 2.

The purpose of this note is to: outline the expectations th e Court has, of counsel or applicants, if unrepresented by counsel, and, of those offering to become sureties to s upport applications; and to outli ne the respective roles and functions of: the Court, counsel for a pplicants, applicants if unr epresented by counsel, a nd Court Officers who are Justices of the Peace, in respect of su reties and the taking of recognizances on an application for judicial interim release. Practice Note 1.

The Court will not initiate an inquiry as to the suitability of a prospective surety or sure ties proposed in an application, since the Court has neither the mandate nor the investigative resources to do so. 2. It is the role of the Crown whose mandate it is to protec t the public interest to initiate an inquiry (where the Crown determines it is required) as to the suitability of a surety or sureties. 3.

In addition to providing the Court and Crown counsel with the name or names of any and all sureties proposed in an application, the applicant, if not represented by counsel, or counsel for th e applicant shall ensure that each such surety attends at the Court and is available to be examined by co unsel, before the Court Officer, as to that person’s suitability as a surety. The Court Officer shall give a proposed surety a true copy of the handout attached as Appendix “A” to this Practice Note, and review the content of the same with the proposed surety.

THE NEWFOUNDLAND AND LABRADOR January 5, 2007 5 4.

At the appropriate stage in an applica tion or the review of an application, the applicant, if unrepresented by counsel, or counsel for the applicant, shall cause each and all proposed su reties to be sworn before the Justice of the Peace using the normal witness oath or affirmation to provide informat ion as to: the proposed surety’s identity; the address and other contact information of the proposed surety; the proposed surety’s understanding of his or her role and responsibilities as a surety; the means that surety has to honour his or her obligations as a surety, if the recognizance is breached; and the proposed surety’s understanding of his or her potential liability under a Recognizance. 5.

If the Crown challenges the suitability of a particular surety, and that challenge is disputed by the appellant, the matter will be brought before a judge who will hear such evidence and consider such matters as may be necessary to make a determination with respect to the suitability of a surety. 6. Evidence given by a surety shall be subject to cross-examination by the Crown and challenge by such further evidence as the Crown, with the Court’s leave, may wish to adduce regarding the suitability of a prospective surety.

Once such evidence ha s been adduced and argument, if any, made by the parties regarding the suitability of a person as a surety, the Court will make a determination respecting the same. 7. Where Judicial Interim Release is ordered with a surety or sureties, the Court Officer, or Justice of the Peace, shall forthwith ensure completion of the documentation necessary to give effect to the Court’s order. 8.

The Court Officer shall provide the proposed surety with a copy of the affidavit to be completed for the proposed surety’s execution in the form appended as Appendix “B” to this Practice Note, and shall review the content of the affidavit with the prospective surety. 9. Thereafter, the Court Officer will review with the proposed surety the c ontent of the recognizance which the proposed surety will be asked to sign. 10. Should the proposed surety wish to do so, the proposed su rety will be given the opportunity to seek legal counsel or other advice before executing the documentation in question. 11.

After the proposed surety has had the opportunity to review the affidavit and recognizance, and take counsel if he or she wishes to do so, and only after the proposed surety has indicated a willingness to ex ecute both documents, will the Court Officer take the proposed surety’s affidavit and then permit the proposed surety to sign the recognizance. 12. If the proposed surety does not wish to sign the affidavit and the recognizance, or wishes to seek further legal or other advice before signing the same, the Cour t Officer shall report that information immediately to the judge who presided over the matter.

AUTHORIZED BY: Clyde K. Wells Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador Madonna Morris Deputy Registrar, Court of Appeal Supreme Court of Newfoundland and Labrador Appendix "A" HANDOUT FOR ALL SURETIES ON RECOGNIZANCES What it means to be a Surety: What You Need to Know Acting as a Surety is a Serious Matter A surety is someone who agrees to take responsibility for ensuring that a person accused of a crime complies with the condition s of his/her release. Those terms and conditions are set out in a court order known as a Recognizance .

Being a surety is a serious commitment. Before you accept this responsibility, there are a number of things you should consider:

THE NEWFOUNDLAND AND LABRADOR January 5, 2007 6 • If the accused person fails to obey all of the terms and/or conditions of the court order, you could lose the money you have pledged. • Before signing a recognizance and any associated affidavit you may wish to obtain independent legal advice. • You should not agree to be a surety if you do not have c onfidence in the accused person to honour the legal commitments he or she made in his or her recognizance or if you do not believe that you can supervise the accused person in the community. • You should be aware that your responsibilit y as a surety continues until the case is completely over.

In some cases, this may take a long time. • You should know and understand that accepting a fee, or being paid now or later, in return for acting as a surety is a criminal offence. Responsibilities of a Surety As a surety you are responsible for: • Making sure the accused person comes to court on time and on the right dates. • Making sure you are aware of all conditions of the recognizance (bail order). • Making sure that the accused person obe ys all conditions of the recognizance. • Reporting to the police or a crown prosecutor any fail ure of the accused person to obey any condition of the recognizance.

You should be aware of all of the conditions in a recognizance . Be sure you understand them. Ask if you don’t understand what something means before signing it and consider whether you truly understand its nature or need i ndependent legal advice before signing any document. Once you are accepted as a surety, you must sign an affidavit attesting to your net worth (i.e, your means to honour your obligation to pay under the recognizance if you are called upon to do so), and a recognizance.

If an accused person that you have signed for fails to obey the court order, you may have to pay the specified amount of money pledged as a surety. You should be aware that it is a criminal offence to sign a false affidavit. Ending Your Obligations as a Surety • Should you decide that you are no longer willing, or able, to supervise the accused person, you may attend at the court that issued the recognizance and apply in writing to the court to be relieved of your duties. The Court will immediately

schedule the matter to be heard before a judge. The Court will then order any accused person concerned to be committed to custody and an order of Committal will be issued. Unless a judge otherwise orders, only when the accused is actually rendered into custody will you as a surety be relieved of your obligation to the Crown under the Recognizance. Failure to Obey a Court Order • If the person released on a recognizance that you have signed is found guilty of br eaching the terms of that recognizance, while you are acting as a surety, the Crown may ask the Court to make you pay the money you pledged as a surety.

A hearing may be scheduled in the Supreme Court. You and the accuse d person will be given at least 10 days notice of the date and place of the hearing. • The hearing will give you an opportunity to explain why you should not lose your money. • The judge may order that you pay al l, part, or none of your money.

THE NEWFOUNDLAND AND LABRADOR January 5, 2007 7 Appendix "B" In the Court of Appeal In the Matter of the Release on Recognizance of ____________________________________ I, _______________ , of _________________,___________________ make oath (or affirm) and say: 1.

That I am a proposed Surety on behalf of ______________ , in the within Recognizance na med; and that I make oath (or affirm) and say that I am worth prope rty to the amount of _____ dollars, over a nd above all encumbrances, and over and above what will pay my debts, and every other sum for which I am now bail, or whic h I am liable as surety or endorser or otherwise. 2.

That I have read the Handout for All Sureties on Rec ognizances attached as Appendi x “A” to this Affidavit and understand the same. [Alternately where the surety cannot read s ubstitute the following wording: That I have been read the Handout for All Sureties on Recognizances attached as Appendix “A” to this Affidavit and understand the same.] 3. That I understand it is a cr iminal offence to make a false statement under oath or affirmation.

The above named was) SWORN (or AFFIRMED) at ) this day , 20_____, ) before me. ) _______________________________________________________ ________________________________ JUSTICE OF THE PEACE Jan 5 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, M-12, RSNL 1990 as amended. Mineral rights to the following licenses have reverted to the Crown: Mineral License 008238M Held by Noel, Nathaniel Situate near Nippers Harbour Road, Baie Verte Peninsula On map sheet 02E/13 Mineral License 008239M Held by Noel, E.

Michele Situate near Nippers Harbour Road, Baie Verte Peninsula On map sheet 02E/13 Mineral License 011980M Held by Rubicon Minerals Corporation Situate near Island Pond,Central NL On map sheet 12A/10 Mineral License 011978M Held by Rubicon Minerals Corporation Situate near Selbys Pond,Central NL On map sheet 12A/10 A portion of license 009737M Held by A.S.K. Prospecting & Guiding Inc. Situate near Lloyds River,Central NL On map sheet 12A/06 more particularly described in an application on file at Department of Natural Resources A portion of license 009738M 009739M Held by A.S.K. Prospecting & Guiding Inc.

Situate near Lloyds River,Central NL On map sheet 12A/06 more particularly described in an application on file at Department of Natural Resources Mineral License 012175M Held by A.S.K. Prospecting & Guiding Inc. Situate near LLoyds River,Central NL On map sheet 12A/06 12A/11 A portion of license 012176M Held by A.S.K. Prospecting & Guiding Inc. Situate near Lloyds River,Central NL

THE NEWFOUNDLAND AND LABRADOR January 5, 2007 8 On map sheet 12A/06 more particularly described in an application on file at Department of Natural Resources Mineral License 010218M Held by Aur Resources Inc. Situate near Tally Pond,Central NL On map sheet 12A/09 12A/10 Mineral License 010289M Held by Basha, Michael Situate near Torbay,Avalon Peninsula On map sheet 01N/10 Mineral License 011192M Held by Stares, Alexander T. Situate near Baie Verte Area On map sheet 12H/16 Mineral License 011198M Held by Mercer, Walter P.

Situate near Exploits River,Central NL On map sheet 12A/15 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidated Newfoundland and Labrador Regulations 1143/96 and Newfoundland and Labrador Regulation 71/98, 104/98, 97 /2000, 36/2001, 31/2004 and 78/2006 and outlined on 1:50 000 scale maps maintained by the Department of Natural Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

JIM HINCHEY, P.Geo Manager - Mineral Rights File # 774:4409, 4410, 4922, 5360, 5361, 5443, 5444, 5663, 5719, 6284, 6290 Jan 5 LANDS ACT NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that Edward Lushman of Burgeo intends to apply to the Department of Environment and Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2)(

d) of the said Act, to that piece of Crown Land situated within fifteen (15) metres of the wa ters of Muddy Hole Pond in the Electoral District of Burgeo & La Poile for the purpose of a residence and being more particularly described as follows: Bounded on the North by Muddy Hole Pond for a distance of 5 m; Bounded on the South by Edward Lushman’s Residence for a distance of 7 m; Bounded on the West by Crown Land for a distance of 5 m; and containing an area of approximately 312.5 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL A2H 6J8. For further information regarding the proposed application, please contac t Edward Lushman, Telephone (709) 886-2774. Jan 5

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 82 ST. JOHN’S, FRIDAY, JANUARY 5, 2007 No. 1 Index

PART I Criminal Code – Notice ........................................................................................................ ........................................................... 4 Judicature Act - Criminal Code – Notice ....................................................................................... .................................................. 1 Lands Act – Notice ............................................................................................................ .............................................................. 8 Mineral Act – Notice .......................................................................................................... ............................................................. 7

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. No Subordinate Legislation Filed at Time of Publication

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 5, 2007 2 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($133.75). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649. Fax: (709) 729-1900.

Web Site: www.gov.nl.ca/queensprinter Legislative History of the Judicature Act, 1791-1988 Price $25.00 plus G.S.T. (Plus $2.00 postage and handling) Place your order by contacting: Office of The Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 email: queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.

The Newfoundland and Labrador Gazette Publication Dates 2007 JANUARY 5/07 Vol 82, No 1.

JANUARY 12/07 Vol 82, No. 2 JANUARY 19/07 Vol 82, No. 3 JANUARY 26/07 Vol 82, No. 4 FEBRUARY 2/07 Vol 82, No. 5 FEBRUARY 9/07 Vol 82, No.6 FEBRUARY 16/07 Vol 82, No. 7 FEBRUARY 23/07 Vol 82, No. 8 MARCH 2/07 Vol 82, No. 9 MARCH 9/07 Vol 82, No. 10 MARCH 16/07 Vol 82, No. 11 MARCH 23/07 Vol 82, No. 12 MARCH 31/07 Vol 82, No. 13 APRIL 5/07 Vol 82, No. 14 APRIL 13/07 Vol 82, No. 15 APRIL 20/07 Vol 82, No. 16 APRIL 27/07 Vol 82, No. 17 MAY 4/07 Vol 82, No. 18 MAY 11/07 Vol 82, No. 19 MAY 18/07 Vol 82, No. 20 MAY 25/07 Vol 82, No. 21 JUNE 1/07 Vol 82, No. 22 JUNE 8/07 Vol 82, No. 23 JUNE 15/07 Vol 82, No. 24 JUNE 22/07 Vol 82, No. 25 JUNE 29/07 Vol 82, No. 26 JULY 6/07 Vol 82, No. 27 JULY 13/07 Vol 82, No. 28 JULY 20/07 Vol 82, No. 29 JULY 27/07 Vol 82, No. 30 AUGUST 3/07 Vol 82, No. 31 AUGUST 10/07 Vol 82, No. 32 AUGUST 17/07 Vol 82, No. 33 AUGUST 24/07 Vol 82, No. 34 AUGUST 31/07 Vol 82, No. 35 SEPTEMBER 7/07 Vol 82, No. 36 SEPTEMBER 14/07 Vol 82, No. 37 SEPTEMBER 21/07 Vol 82, No. 38 SEPTEMBER 28/07 Vol 82, No. 39 OCTOBER 5/07 Vol 82, No. 40 OCTOBER 12/07 Vol 82, No. 41 OCTOBER 19/07 Vol 82, No. 42 OCTOBER 26/07 Vol 82, No. 43 NOVEMBER 2/07 Vol 82, No. 44 NOVEMBER 9/07 Vol 82, No. 45 NOVEMBER 16/07 Vol 82, No. 46 NOVEMBER 23/07 Vol 82, No. 47 NOVEMBER 30/07 Vol 82, No. 48 DECEMBER 7/07 Vol 82, No. 49 DECEMBER 14/07 Vol 82, No. 50 DECEMBER 21/07 Vol 82, No. 51 DECEMBER 28/07 Vol 82, No. 52

STATUTES OF NEWFOUNDLAND AND LABRADOR 2006 Bill Act

Chapter 2005 Second Session, 45 th General Assembly 55 Elizabeth II, 2006 2006 73 Fishing Industry Collective Bargaining (Amendment) Act 1 (ASSENTED TO FEBRUARY 24, 2006) 2006 Third Session, 45 th General Assembly 55 Elizabeth II, 2006 2006 2 Interim Supply Act, 2006 2 (ASSENTED TO MARCH 28, 2006) 4 Supplementary Supply Act, 2005-2006 3 3 Supplementary Supply Act, 2005-2006 No. 2 4 (ASSENTED TO APRIL 7, 2006) 22 Workplace Health, Safety and Compensa- tion (Amendment) Act 5 (ASSENTED TO MAY 16, 2006) 5 Supply Act, 2006 6 14 City of Corner Brook (Amendment) Act, City of Mount Pearl (Amendment) Act, City of St.

John's (Amendment) Act, Municipalities (Amendment) Act, 1999, and St. John's Assessment (Amendment) Act 7 20 Municipalities (Amendment) Act, 1999 8 13 Sheriff's (Amendment) Act, 1991 9 11 Regional Health Authorities Act R-7.1

2 Bill Act

Chapter (To be proclaimed) 8 Buildings Accessibility (Amendment) Act (To be proclaimed) 10 7 Provincial Court Judges' Pension Plan (Amendment) Act 11 19 Physiotherapy Act, 2006 P-13.1 16 Environmental Protection (Amendment) Act 12 17 Obsolete Acts Repeal Act 13 12 Settlement of International Investment Disputes Act S-13.3 10 Securities (Amendment) Act 14 18 Child, Youth and Family Services (Amendment) Act 15 9 Occupational Health and Safety (Amendment) Act 16 15 Forestry (Amendment) Act 17 28 Labrador Inuit Land Claims Agreement (Amendment) Act (Comes into force on the date that an Inuit Community ceases to be a munici- pality in accordance with subsections 3(4) and (5) of the Municipalities Act, 1999.) 18 24 Workplace Health, Safety and Compensa- tion (Amendment) Act No. 2 19 27 Support Orders Enforcement Act, 2006 (To be proclaimed) S-31.1 31 Assessment (Amendment) Act and St.

John's Assessment (Amendment) Act 20 29 Student Financial Assistance (Amendment) 21

3 Bill Act

Chapter Act 25 Human Rights Code (Amendment) Act (S.6(2) in force on first anniversary of the date this Act received Royal Assent) 22 30 Highway Traffic (Amendment) Act (Ss.2 & 5 to be proclaimed) 23 26 Public Utilities (Amendment) Act 24 6 Tobacco Tax (Amendment) Act 25 21 Council on Higher Education Act (To be proclaimed) C-37.001 1 Hydro Corporation (Amendment) Act and Electrical Power Control (Amendment) Act, 1994 26 * 32 Fishery Products International Limited (Amendment) Act (To be proclaimed) 27 (ASSENTED TO MAY 26, 2006) 45 Supplementary Supply Act, 2006-2007 28 62 Supplementary Supply Act, 2006-2007 No. 2 29 33 Real Estate Trading (Amendment) Act 30 34 Standard Time (Amendment) Act 31 36 Environmental Protection (Amendment) Act No. 2 32 37 Urban and Rural Planning (Amendment) Act, 2000 33 35 Notaries Public (Amendment) Act 34 43 Vital Statistics (Amendment) Act 35 * 23 Health Research Ethics Authority Act H-1.2

4 Bill Act

Chapter (To be proclaimed) 41 City of Corner Brook (Amendment) Act and City of Mount Pearl (Amendment) Act 36 42 Taxation of Utilities and Cable Television Companies (Amendment) Act 37 40 Public Inquiries Act, 2006 P-38.1 46 Provincial Court (Amendment) Act, 1991 (Considered to have come into force on Apr. 1/06) 38 47 Teachers' Pensions (Amendment) Act (Considered to have come into force on Sept. 1/05) 39 50 Pharmaceutical Services Act (To be proclaimed) P-12.01 49 Attorney General Statutes Amendment Act, 2006 40 38 Flea Markets Regulation Act F-19.1 48 Loan and Guarantee (Amendment) Act, 1957 41 51 Securities (Amendment) Act No. 2 (To be proclaimed) 42 39 Provincial Court Judges’ Pension Plan (Amendment) Act No. 2 (Considered to have come into force on Apr. 1/06) 43 58 International Interests in Mobile Aircraft Equipment Act (To be proclaimed) I-15.1 54 Judgment Enforcement (Amendment) Act (To be proclaimed) 44 57 Fish Inspection (Amendment) Act 45

5 Bill Act

Chapter * 52 Assessment Act, 2006 (In force Jan. 1/07) A-18.1 53 City of St. John’s Municipal Taxation Act (To be proclaimed) C-17.1 55 Labour Relations (Amendment) Act 46 56 Income Tax (Amendment) Act, 2000 47 59 Members of the House of Assembly Retiring Allowances (Amendment) Act (Considered to have come into force on Dec. 31/03) 48 65 Liquor Control (Amendment) Act 49 69 Fishing Industry Collective Bargaining (Amendment) Act 50 66 Provincial Court (Amendment) Act, 1991 and Human Rights Code (Amendment) 51 * 61 Mental Health Care and Treatment Act (In Oct. 1/07, except

Part IV which comes into force on Jan. 1/08) M-9.1 64 Public Service Pensions (Amendment) Act, 1991 and Teachers' Pensions (Amend- ment) Act 52 68 Public Service Collective Bargaining (Amendment) Act 53 67 Highway Traffic (Amendment) Act and Pro- vincial Offences (Amendment) Act 54 (ASSENTED TO DECEMBER 12, 2006) * Bills amended in Committee of the Whole House. In researching the law readers should note that the following Statutes of Newfoundland and Labrador, 2006 include amendments to other Statutes as listed below:

Chapter A-18.1 Assessment Act, 2006 - (In force Jan. 1/07) Assessment Act (Repealed) Citizens' Representative Act City of Corner Brook Act City of Mount Pearl Act Municipalities Act, 19999

Chapter 40 Attorney General Statutes Amendment Act, 1991 Adoption Act Attorney General Statutes Amendment Act, 2004 City of Corner Brook Act City of Mount Pearl Act Court Security Act Family Violence Protection Act Fish Inspection Act Labour Relations Act Lobbyist Registration Act Members of the House of Assembly Retiring Allowances Act Mineral Regulation Municipalities Act, 1999 Private Training Institutions Act Provincial Parks Regulations Public Service Commission Act Securities Act Student Financial Assistance Act Support Orders Enforcement Act, 2006 Waste Management Regulations, 2003 General Amdt.

Chapter C-17.1 City of St. John's Municipal Taxation Ac t - (To be proclaimed) City of St. John's Act St. John's Assessment Act (Repealed) Urban and Rural Planning Act, 2000

Chapter C-37.001 Council on Higher Education Ac t - (To be proclaimed) College Act, 1996 Memorial University Act

Chapter 27 Fishery Products International Limited (Amendment) Ac t - (To be proclaimed) Fishery Products International Limited (Amendment) Act, SNL2005 c32 (Repealed)

Chapter 22 Human Rights Code (Amendment) Act - (S.6(2) in force on first anniversary of the date this Act received Royal Assent) Workplace Health, Safety and Compensation Act

Chapter M-9.1 Mental Health Care and Treatment Act - (In force Oct. 1/07, ex- cept

Part IV which comes into force on Jan. 1/08)

7 Access to Information and Protection of Privacy Act Advance Health Care Directives Act Child and Youth Advocate Act Citizens' Representative Act Fatalities Investigations Act Mental Health Act (Repealed) Mentally Disabled Persons' Estates Act Neglected Adults Welfare Act

Chapter 13 Obsolete Acts Repeal Act Automobile Dealer Act (Repealed) Highway Traffic Act Lodgers' Goods Protection Act (Repealed) Salvage Dealers Licensing Act (Repealed)

Chapter P-12.01 Pharmaceutical Services Act - (To be proclaimed) Income and Employment Support Act Medical Act, 2005 Pharmacy Act Pharmacy Regulations

Chapter P-13.1 Physiotherapy Act, 2006 Physiotherapy Act (Repealed)

Chapter P-38.1 Public Inquiries Act, 2006 Public Inquiries Act (Repealed)

Chapter R-7.1 Regional Health Authorities Act - (To be proclaimed) Adoption Act Cancer Treatment and Research Foundation Act (Repealed) Child Care Services Act Child, Youth and Family Services Act Consolidated Orders under the Public Service Collective Bargaining Act Health and Community Services Act Hospitals Act (Repealed) Public Service Collective Bargaining Act Regional Integrated Health Authority Order under the Hospitals Act (Repealed)

Chapter S-31.1 Support Orders Enforcement Act, 2006 - (To be proclaimed) Enforcement of Canadian Judgments Family Law Act Highway Traffic Act Income and Employment Support Act Interjurisdictional Support Orders Judgment Enforcement Act Support Orders Enforcement Act (Repealed) Wild Life Act

8 This list was prepared by the Office of the Legislative Counsel. Questions or omissions should be brought to the attention of that Office.