Newfoundland and Labrador Gazette, Part I — 3 August 2007, Vol. 82, No. 31 — Urban and Rural Planning Act Notice of Registration; Lands Act Notice

NLG 2007-08-03

Newfoundland and Labrador — Gazette

257 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 82 ST. JOHN’S, FRIDAY, AUGUST 3, 2007 No. 31 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF STEPHENVILLE DEVELOPMENT REGULATIONS AMENDMENT NO. 8, 2007 Take notice that the Town of Stephenville Development Regulations Amendment No. 8, 2007 as adopted on the 23rd day of May 2007 has been registered by the Minister of Municipal Affairs. In general terms the purpose of Development Regulations Amendment No. 8, 2007 is to add the Reside ntial Special Zone to

Schedule C of the Development Regulations. The Development Regulations Amendment No. 8, 2007 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 Stephenville Development Regulations Am endment No. 8, 2007 may do so at the Stephenville Town Office during normal working hours.

TOWN OF STEPHENVILLE Carolyn Lidstone, Town Clerk Aug 3 NOTICE OF REGISTRATION TOWN OF STEPHENVILLE MUNICIPAL PLAN AMENDMENT NO. 4, 2007 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 9, 2007 Take notice that the Town Stephenville Municipal Plan Amendment No. 4, 2007 and Development Regulations Amendment No. 9, 2007, adopted on the 30 th day of May, 2007 (as amended) and approved on the 21 st day of June, 2007, has been registered by the Minister of Municipal Affairs.

In general terms, the purpose of Municipal Plan Amendment No. 4, 2007, is to place 20 Ocean Drive in the Community Services designation to allow for the commercial expansion of a property that partially lies within the Community Services designation along West Street.

THE NEWFOUNDLAND AND LABRADOR August 3, 2007 258 In general, the purpose of Development Regulations Amendment No. 9, 2007, is to comply with Amendment No. 4, 2007 to the Stephenville Municipal Plan. Furthermore, 84 West Street, which currently lies in the Community Services designation of Future Land Use Map 1, is rezoned to Commercial General in order to allow for the commercial development of this property. The Stephenville Municipal Plan Amendment No. 4, 2007 and Development Regulations Amendment No. 9, 2007 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wished to inspect a copy of the Stephenville Municipal Amendment No. 4, 2007 and Development Regulations Amendment No. 9, 2007 may do so at the Town Office, Stephenville, during normal working hours. TOWN OF STEPHENVILLE C.

Lidstone, Town Clerk Aug 3 NOTICE OF REGISTRATION TOWN OF TRINITY MUNICIPAL PLAN AMENDMENTS NOS. 3 AND 4, 2006 AND DEVELOPMENT REGULATIONS AMENDMENTS NOS. 3 AND 4, 2006 Take notice that the Town of Trinity Municipal Plan Amendments Nos. 3 and 4, 2006 and Development Regulations Amendments Nos. 3 and 4, 2006 as adopted on the 7 th day of May, 2007 and approved on the 4 th day of June, 2007, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of the Municipal Plan Amendment No. 3, 2006 and th e Development Regulations Amendment No. 3, 2006 is to re place certain future land use maps and land use zoning maps with new maps that are in compliance with Provincial standards. In general terms the purpose of the Municipal Plan Amendment No. 4, 2006 and th e Development Regulations Amendment No. 4, 2006 is to place the Coleridge property off Glen Cove Road into the Mixed Development Designation and Zone, and place the Coleridge property on Fort Point Road into the Rural Residential Designation and Zone.

The Municipal Plan Amendments Nos. 3 and 4, 2006 and Development Regulations Ame ndments Nos. 3 and 4, 2006 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Trinity Municipal Plan Amendment Nos. 3 and 4, 2006 and Development Regulations Ame ndments No. 3 and 4, 2006 may do so at the Trinity Town Office during normal working hours.

TOWN OF TRINITY Linda Dalton, Town Clerk Aug 3 NOTICE OF REGISTRATION TOWN OF BOTWOOD MUNICIPAL PLAN AMENDMENTS NOS. 7 AND 8, 2007 AND DEVELOPMENT REGULATIONS AMENDMENTS NOS. 7 AND 8, 2007 Take notice that the Town of Botwood Municipal Plan Amendment Nos. 7 and 8, 2007 and Development Regulations Amendments Nos. 7 and 8, 2007 as adopted on the 22nd day of June, 2007 and approved on the 11 th day of July, 2007, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of the Municipal Plan Amendment and Development Regulations Amendment No. 7, 2007 is to replace and update the existing Plan and Zoning Maps. The purpose of Municipal Plan Amendment and Development Regulations Amendment No. 8, 2007 is to:

a) reflect actual land use as much as possible, provide opportunities for infilling and expansion of certain uses and remove the Protected Watershed (amendment series 8 (

A) to 8 (F);

b) under the Municipal Plan provide for campgrounds and marinas in the Open Space - Recreation Facility designation and s easonal residences in the Rural designation;

c) under the amendments to the Development Regulations increase the allowable size and height of accessory buildings, accommodate cemetery and mobile home as discretionary uses in the Residential Medi um Density Zone , accommodate fire halls in the Comme rcial General Zone, and allow for fire hall and office in the Community and Social Services Zone, marina and campground in the Recreational Open Space Zone and seasonal residences in the Rural Zone.

The Municipal Plan Amendments Nos. 7 and 8, 2007 and Development Regulations Ame ndment Nos. 7 and 8, 2007 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Botwood Municipal Plan Amendments Nos. 7 and 8, 2007 and Development Regulations Ame ndments Nos. 7 and 8, 2007 may do so at the Botwood Town Office during normal working hours. TOWN OF BOTWOOD Ed Evans, Town Manager Aug 3

THE NEWFOUNDLAND AND LABRADOR August 3, 2007 259 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 363, 2007 Take notice that the St. J ohn’s Development Regulations Amendment Number 363, 2007, adopted on the 26 th day of June 2007, have been registered by the Minister of Municipal Affairs. In general terms, the purpose of Development Regulations Amendment No 363, 2007 is to rezone land on the south side of the Manuels Access Road to the Industrial General (IG) Zone. The St.

John’s Development Regulations Amendment No. 363, 2007 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 amendment may do so at the Department of Planning, 3rd Floor, St. John’s City Hall during regular business hours. CITY OF ST. JOHN’S Cliff Johnston Department of Planning Aug 3 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 410, 2007 Take notice that the St.

J ohn’s Development Regulations Amendment Number 410, 2007, adopted on the 23 th day of July 2007, have been registered by the Minister of Municipal Affairs. In general terms, the purpose of Development Regulations Amendment No 410, 2007 is to modify the text of the Open Space (

O) Zone to permit a stable for the RNC’s Mounted Unit at Government House Grounds, Military Road. The St. John’s Development Regulations Amendment No. 410, 2007 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 amendment may do so at the Department of Planning, 3rd Floor, St. John’s City Hall during regular business hours. CITY OF ST.

JOHN’S Cliff Johnston Department of Planning Aug 3 NOTICE OF REGISTRATION TOWN OF CENTREVILLE-WAREHAN-TRINITY MUNICIPAL PLAN AMENDMENT NO. 1, 2007 AND DEVELOPMENT REGULATIONS AMENDMENT NO 1, 2007 Take notice that the Town of Centreville-Wareham-Trinity, Municipal Plan Amendment No. 1, 2007, and Development Regulations Amendment No. 1, 2007, adopted on the 5th day of June, 2007, (as amended) and approved on the 18 th day of July, 2007, has been registered by the Minister of Municipal Affairs. In general terms the purpose of the Municipal Plan Amendment No 1, 2007 is to 1. Change a

section of land on J.W. Pickersgill Blvd., Centreville from Commercial to Mixed Development. 2. Change a

section of land on Bayview Heights Ext., Wareham from Future Resi dential and Rural to Residential. 3. Change a

section of land on J.W. Pickersgill, Blvd., Trinity from Rural to Residential. 4. Bring in new digital mapping. In general terms, the purpose of Development Regulations Amendment No. 1, 2007 is to implement the four Municipal Plan Amendments noted above. The Town of Centreville-Wareham-Trinity Municipal Plan Amendment No. 1, 2007 and Development Regulations Amendment No. 9, 2007 come in to effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Centreville- Wareham-Trinity Municipal Plan Amendment No. 1, 2007 and Development Regulations Amendment No. 1, 2007 may do so at the Town Office, Centreville during normal working hours. TOWN OF CENTREVILLE-WAREHAM-TRINITY Gertrude Brown Town Clerk/Manager Aug 3 CORPORATIONS ACT TRENT HEALTH INSURANCE COMPANY NOTICE IS HEREBY GIVEN that Trent Health Insurance Company (Trent Health) has commenced voluntary wind-up procedures pursuant to a resolution of its sole shareholder effective the 23 rd day of July 2007.

Trent Health’s shareholder has also appoint ed Mary Turtle, the Chief Financial Officer of Trent Health as its liquidator. Ms. Turtle’s mailing address is 1920 College Avenue, Regina, SK, S4P 1C4. Trent Health has not written any new business since August 2003. This Notice is given to you pur suant to

section 217(2) of the Corporations Act (Ontario). Dated this 24 th day of July 2007 MARY TURTLE Chief Financial Officer Aug 3

THE NEWFOUNDLAND AND LABRADOR August 3, 2007 260 COMPAGNIE D'ASSURANCE TRENT SANTÉ AVIS EST PAR LES PRÉSENTES DONNÉ que la Compagnie d'assurance Trent santé (Trent Santé) a entrepris sa liquidation volontaire conf ormément à la résolution adoptée le 23ème jour de ju illet 2007 par son actionnaire unique. L’actionnaire de Trent Santé a aussi nommé comme liquidatrice Mary Turtle, chef des finances de Trent Santé. L’adresse postale de madame Turtle est le 1920, avenue College, Regina (Saskatchewan) S4P 1C4. Trent Santé n’a pas souscrit de nouvelles affaires depuis le mois d’août 2003. Le présent avis vous est fourni en vertu de l’article 217(2) de la

Loi sur les personnes morales (Ontario). Fait ce 24ème jour de juillet 2007. La chef des finances, MARY TURTLE Aug 3 LANDS ACT NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that Wanda and Danny Foss of Woody Point, NL intends to apply to the Department of Environment and Conservation, two months from the publication of this Notice, to acquire pursuant to

Section 7(2)(

e) of the said Act, all that piece or parcel of Crown Land situated within fifteen (15) metres of the waters of Bonne Bay, in the Electoral District of St. Barbe South for the purpose of a wharf and boathouse. The land is described as follows: Bounded on the North by Shore Road for a distance of 21.3 m; Bounded on the East by Beach Granted Land for a distance of N.A.; Bounded on the South by water for a distance of N.A. Bounded on the West by Town Land for a distance of N.A.; and containing an area of approximately N/A 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, Norton Building Corner Brook, Newfoundland, A2H 6J8.

For further information on the proposed application, please contact Wanda and Da nny Foss, Telephone (709) 453-2151 Aug 3 TRUSTEE ACT STATUTORY NOTICE IN THE MATTER of the Estate of GREG FINTAN STYLES, late of the Town of Stephenville, in the Province of Newfoundland and Labrador, journeyman welder, single, deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of GREG FINTAN STYLES, late of the Town of Stephenville, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send particulars of the same in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 4 th day of September, 2007, after which date the said Administrator will proceed to distribute the said Estate having regard only to the claims of which notice shall then have been received.

DATED Stephenville, Newfoundland and Labrador this 27 th day of July, 2007. MILLS, GALLANT & CHAFFEY PER: Susan H. Gallant ADDRESS FOR SERVICE P. O. Box 447, 87 Gallant Street Stephenville, NL A2N 3A3 Aug 3 STATUTORY NOTICE IN THE MATTER of the Estate and Effects of THOMAS RICHARD COLE, late of Torbay, in the Province of Newfoundland and Labrador, deceased on or about the 31st day of July, 1947.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of THOMAS RICHARD COLE, late of Torbay, deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Estate of the said deceased, on or before the 10 th day of September, 2007, after which date the said Esta te will be distributed having regard only to claims which have been given notice. DATED at St. John’s this 24th day of July, 2007. RONALD A. COLE LAW OFFICES Solicitor to the Estate ADDRESS FOR SERVICE 177 Hamlyn Road St. John’s, NL A1E 5Z5 Aug 3

THE NEWFOUNDLAND AND LABRADOR August 3, 2007 261 STATUTORY NOTICE IN THE MATTER of the Estate and Effects of AUSTIN ROBERTS, late of Torbay, in the Province of Newfoundland and Labrador, musician, deceased on or about the 26th day of August, 2006.

All persons claiming to be creditors of or who have any claims or demands upon or aff ecting the Estate of AUSTIN ROBERTS, late of Torbay, musician, deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Estate of the said deceased, on or before the 10 th day of September, 2007, after which date the said Esta te will be distributed having regard only to claims which have given notice. DATED at St. John’s this 24th day of July, 2007. RONALD A. COLE LAW OFFICES Solicitor to the Estate ADDRESS FOR SERVICE 177 Hamlyn Raod St.

John’s, NL A1E 5Z5 Aug 3 CHANGE OF NAME ACT C-8 RSNL 1990 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act , by me:- MARGARET LYNETTE LONI TAYLOR of 45A Mullock Street, St. John’s, NL A1C 2R7 in the Province of Newfoundland and Labrador, as follows: To change my name from MARGARET LYNETTE LONI TAYLOR to KATRINA JADE LYNN KOBVACK DATED this 24th day of July, 2007.

MARGARET LYNETTE LONI TAYLOR (Signature of Applicant) Aug 3 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act , by me:- ANNETTE MARY BURKE of P. O.

Box 648, Clarke’s Beach, Conception Bay North in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from SAMANTHA LORRAINE HOGAN to SAMANTHA LORRAINE MARSHALL JORDAN NICHOLAS HOGAN to JORDAN NICHOLAS MARSHALL ERIN ROSE HOGAN to ERIN ROSE MARSHALL DATED this 25th day of July, 2007.

ANNETTE MARY BURKE (Signature of Applicant) Aug 3 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act , by me:- RENÉE PIERCEY of 5 Ash Place, Mount Pearl, NL A1N 2K6 in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from TENILLE CHELSEA CLARKE-PIERCEY to TENILLE CHELSEA PIERCEY DATED this 25th day of July, 2007. RENÉE PIERCEY (Signature of Applicant) Aug 3

THE NEWFOUNDLAND AND LABRADOR August 3, 2007 262 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act , by me:- DARREN CHARLES LAITE of 39 Caribou Road, Grand Falls-Windsor A2B 1C3, in the Province of Newfoundland and Labrador, as follows: To change my name from DARREN CHARLES LAITE to DARREN CHARLES RYAN DATED this 20th day of July, 2007.

DARREN CHARLES LAITE (Signature of Applicant) Aug 3 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act , by me:- JOSEPH JOHN BUCKLE of 87 Sunrise Avenue, Mount Pearl, NL A1N 1C2 in the Province of Newfoundland and Labrador, as follows: To change my name from JOSEPH JOHN BUCKLE to JOSEPH JOHN ROSS DATED this 18th day of July, 2007.

JOSEPH JOHN BUCKLE (Signature of Applicant) Aug 3 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act , by me:- MARIE AND DAVID WADE of 32A Alder Place, Bay Roberts, NL A0A 1G0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JENNIFER JOHANNA HEDDERSON-PIKE to JENNIFER JOHANNA WADE DATED this 19th day of July, 2007.

DAVID WADE MARIE WADE (Signatures of Applicants) Aug 3 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act , by me:- COLLEEN BARRINGTON of 7 Stabb Court, St. John’s, NL A1B 3C9 in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from MARSHAL ANTHONY WAREHAM-BARRINGTON to MARSHAL ANTHONY BARRINGTON DATED this 16th day of July, 2007.

COLLEEN BARRINGTON (Signature of Applicant) Aug 3 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act , by me:- MARCELLA PATRICIA RYAN of 10 Michener Avenue, Mount Pearl, NL in Mount Pearl in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from ZACHARY JAMES RYAN to ZACHARY JAMES JONES DATED this 5th day of June, 2007. MARCELLA PATRICIA RYAN (Signature of Applicant) Aug 3

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 82 ST. JOHN’S, FRIDAY, AUGUST 3, 2007 No. 31 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 85/07 NLR 86/07

The Newfoundland and Labrador Gazette August 3, 2007 527 NEWFOUNDLAND AND LABRADOR REGULATION 85/07 Resort Property Investment Tax Credit Regulations under the Income Tax Act, 2000 (O.C. 2007-332) (Filed July 30, 2007) Under the authority of

section 46.1 of the Income Tax Act, 2000, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 27, 2007. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application for registration as a qualifying resort devel- oper 4. Certificate of registration as a qualifying resort developer 5. Application for tax credit receipt 6. Claiming the non refundable tax credit 7. Holding period 8. Recovery where no entitle- ment 9. Revocation of certificate of registration as a qualifying resort developer 10. Liability of officers and directors 11. Extension of time 12. Reporting 13. Breach 14. Commencement

Resort Property Investment Tax Credit Regulations 85/0 7 The Newfoundland and Labrador Gazette August 3, 2007 528 1. These regulations may be cited as the Resort Property Invest- ment Tax Credit Regulations. 2. In these regulations (a) "Act" means the Income Tax Act, 2000; (b) "arm's length" means arm's length as defined in

section 251 of the Income Tax Act (Canada); (c) "certificate of registration" means a certificate of registration issued under

section 4; (d) "eligible investment" means the purchase of a qualifying resort development property unit by a qualifying investor in accordance with these regulations; (e) "north-east Avalon" means the towns of Bauline, Conception Bay South, Flatrock, Logy Bay-Middle Cove-Outer Cove, Paradise, Petty Harbour, Portugal Cove–St. Philip’s, Pouch Cove and Torbay incorporated or continued under the Mu- nicipalities Act, 1999 , the City of Mount Pearl incorporated under the City of Mount Pearl Act and the City of St. John’s incorporated under the City of St.

John’s Act; (f) "qualifying investor" means a person other than a trust who invests in a qualifying resort development property unit, where that person and the qualifying resort developer or owner are at arm’s length from each other and where, in the case of an individual investor, the person is 19 years of age or older; (g) "qualifying resort developer" means a person registered to develop a qualifying resort development complex, where for the purpose of this definition the person includes a corpora- tion, partnership or limited partnership but does not include a trust; (h) "qualifying resort development complex" means (

i) a newly constructed accommodation facility, (ii) a newly constructed expansion, or

Short title

Definitions

Resort Property Investment Tax Credit Regulations 85/0 7 The Newfoundland and Labrador Gazette August 3, 2007 529 (iii) a property where at least 90 percent of the building area is rebuilt containing a minimum of 50 qualifying resort development property units, located outside the north-east Avalon, with a Canada Select 4 rating and having at least 3 of the following features: (iv) a variety of directed exercise facilities and venues in- cluding, a fitness area with a minimum of 5 exercise machines per 100 guest capacity supported by trainers and sports professionals, (

v) a variety of other directed leisure activities, supported by personal guidance, including tour guides and inter- preters, (vi) a convention centre with seating capacity for at least 75 persons, as well as 3 meeting rooms, and (vii) dining facilities with seating capacity for at least 50 persons; (i) "qualifying resort development property unit" means a town house, chalet or a hotel condominium of the qualifying re- sort development complex (

i) acquired by the qualifying investor through an initial freehold sale or 99 year lease, (ii) that is at least 35 square metres, and (iii) with respect to which the unit holder is required to enter into a 20 year contract relating to the availability of the unit for the rental pool of the qualifying resort develop- ment complex for at least thr ee-quarters of the time an- nually; (j) "tax credit" means the reso rt property investment tax credit granted under these regulations; (k) "tax credit receipt" means a tax credit receipt issued by the minister under

section 5; and

Resort Property Investment Tax Credit Regulations 85/0 7 The Newfoundland and Labrador Gazette August 3, 2007 530 (l) "tax otherwise payable" means the amount that would, ex- cept for these regulations and the deduction allowed under

section 40.1 of the Act, be the tax otherwise payable under the Act. 3.

(1) Where a person intends to construct a resort development complex that person may, in the required form, apply to the minister before January 1, 2013 for a certificat e of registration as a qualifying resort developer.

(2) An application for a certificate of registration shall (

a) indicate the name of the person's business; (

b) list the names and residential addresses of all directors and principals of the person's business; (

c) include a business plan containing a detailed description of the business’ proposed business activities, its financing plan, market analysis and timeline for construction; (

d) state the location of the proposed qualifying resort develop- ment complex; (

e) include a statement signed by an officer or director of the business stating that the information contained in the appli- cation is true and correct; (

f) provide a commitment for continuous operation of the ven- ture for a minimum period of 5 years from commencement; and (

g) be in the form and include the other information that the minister may require. 4.

(1) Where the person applies for a certificate of registration as a qualifying resort developer under

section 3, the minister shall issue a certificate to the person, with conditions that he or she considers to be appropriate, where the minister is sa tisfied that the requirements under

section 3 are met.

(2) A qualifying resort developer has 12 months after being reg- istered under subsection (1) to begin construction of a qualifying resort Application for registration as a qualifying resort developer Certificate of regis- tration as a qualify- ing resort developer

Resort Property Investment Tax Credit Regulations 85/0 7 The Newfoundland and Labrador Gazette August 3, 2007 531 development complex and 24 months after the beginning of construc- tion to achieve Canada Select 4 status, complete construction and begin offering qualifying resort development property units for sale.

(3) A qualifying resort developer shall submit documentation supporting the attainment of Canada Select 4 status, within 10 days of achieving the status.

(4) The capital that may be appr oved by the minister with re- spect to a qualifying resort develo pment complex shall not exceed $50 million.

(5) The minister may suspend the issuance of certificates of registration where the total amount that may be deducted or deductible by qualifying investors for a fiscal year of the province exceeds or may exceed $22.5 million. 5.

(1) A qualifying investor, or a person acting on behalf of a qualifying investor, not more than 90 days after the sale of the qualify- ing resort development property unit, shall submit an application for the tax credit.

(2) An application under subsection (1) shall be made in the required form and shall be signed by an authorized officer of the quali- fying resort developer that has sold the qualifying resort development property unit for which a tax credit receipt is sought and shall be ac- companied by additional information that the minister may require, including (

a) the name, address and Social Insurance Number or Business Number of the purchaser; (

b) the contract referred to in subparagraph 2(i)(iii); (

c) supporting documents respecting the unit sale and transfer of ownership; and (

d) certification from an officer or director of the business that cash payment has been received in full for the resort prop- erty.

(3) Where the minister receives an application under subsection (1), he or she, shall issue to the qu alifying investor, a tax credit receipt Application for tax credit receipt

Resort Property Investment Tax Credit Regulations 85/0 7 The Newfoundland and Labrador Gazette August 3, 2007 532 equal to the lesser of 45 percent of the purchase price of the qualifying resort development property unit acquired after these regulations came into force but not more than 5 years after the unit was first made avail- able for sale, and $150,000.

(4) The total tax credits that may be issued under this

section to a person for one or more qualifying resort development property units shall not exceed a lifetime limit of $150,000.

(5) Where more than one person acquires a qualifying resort development property unit, the maximum tax credit that may be earned in aggregate by all investors in respect of that unit is limited to $150,000, and the tax credit shall be allocated to each person in propor- tion to his or her ownership interest.

(6) The minister shall not issue a tax credit receipt unless he or she is satisfied that the qualifying resort development complex or its directors, officers or shareholders are not conducting the affairs of the business in a manner that is contrary to the Act and these regulations or to the spirit of the Act and these regulations.

(7) The minister shall not issue a tax credit receipt unless he or she is satisfied that (

a) a tax credit has not been previously allowed under the Act with respect to eligible investments to which the tax credit receipt relates; (

b) the eligible investments rela ted to the tax credit receipt were purchased and acquired directly from the business that sold the eligible investments; (c) $15,000 from the sale of each qualifying resort development property unit has been placed in an escrow account; (

d) title to the property has been passed to the purchaser, cash payment has been received in full by the developer and the property is made available to the rental pool for a 20 year period; (

e) the property unit was sold in whole at one time, so that where there is more than one investor in a unit, all the inves- tors participate in a joint tenancy of the property;

Resort Property Investment Tax Credit Regulations 85/0 7 The Newfoundland and Labrador Gazette August 3, 2007 533 (

f) a copy of the 20 year contract referred to in subparagraph 2(i)(iii) and the report referred to in

section 12 have been filed with the minister; and (

g) there has been compliance with all requirements of these regulations. 6.

(1) Where, for a taxation year, a qualifying investor has been issued a tax credit receipt, there sh all be deducted from the tax other- wise payable by the qualifying investor under the Act for that taxation year, the lesser of (

a) the tax otherwise payable; (

b) the amount specified in a tax credit receipt or receipts issued during the year, less amounts used in previous years, plus amounts carried forward or back from another year in accor- dance with subsection (4); or (c) $50,000.

(2) A qualifying investor who is entitled to a deduction under this

section shall file, with the qua lifying investor's annual return for a taxation year in which a deduction is claimed under this section, a copy of the tax credit receipt to which the deduction relates.

(3) A deduction made under this

section may be made with re- spect to eligible investments made and paid for by a qualifying investor in the taxation year for which the deduction is claimed.

(4) Where a qualifying investor has been issued a tax credit re- ceipt under these regulations and th e amount specified in the tax credit receipt or receipts issued during the year exceeds the lesser of (

a) the tax otherwise payable; and (b) $50,000, the qualifying investor may carry forward an unused balance to one or more of 7 subsequent tax years, or carry back the amount to one or more of 3 preceding tax years, where Claiming the non refundable tax credit

Resort Property Investment Tax Credit Regulations 85/0 7 The Newfoundland and Labrador Gazette August 3, 2007 534 (

c) in the case of an eligible investor that is an individual, it is not carried back to a taxation year that precedes the year 2006; and (

d) in the case of an eligible investor that is not an individual, it is not carried back to a taxati on year that ended before Janu- ary 1, 2006 . 7.

(1) A qualifying investor shall not sell or transfer ownership of a property unit for which a credit has been obtained for a minimum of 5 years after the original sale of the unit.

(2) Notwithstanding subsection (1), a unit may only be sold to a person who assumes the obligations of the contract referred to in sub- paragraph 2(i)(iii) and all the units sold continue to be subject to these regulations.

(3) The minister may authorize the release of amounts referred to in paragraph 5(7)(c) 5 years after the original sale of each respective unit. 8. Where a qualifying investor receive s, directly or indirectly, the benefit of all or a part of a tax cred it that the qualifying investor is not entitled to, the qualifying investor shall pay the amount of the benefit to the minister plus interest at the rate prescribed under the federal Act. 9.

(1) The minister may, after a certificate of registration for a business has been issued, revoke that certificate where (

a) in his or her opinion, th e business has materially breached these regulations; or (

b) the business has misrepresent ed information to the minister either knowingly or in a manner that would be considered negligent.

(2) Where the minister revokes a certificate of registration after a qualifying resort development property unit is sold and (

a) a tax credit receipt has been issued, the qualifying resort developer is liable for the full amount of the tax credit and shall immediately surrender to the minister from the escrow account referred to in paragra ph 5(7)(

c) an am ount equal to Holding period Recovery where no entitlement Revocation of certificate of regis- tration as a qualify- ing resort developer

Resort Property Investment Tax Credit Regulations 85/0 7 The Newfoundland and Labrador Gazette August 3, 2007 535 the aggregate of the amounts of the tax credit receipt issued for the qualifying resort development property units; or (

b) a tax credit receipt has not been issued, the minister shall not issue a tax credit receipt with respect to that qualifying resort developer. 10. Where an officer or director of a qualifying resort property de- velopment complex permits or acquies ces in a transaction, event or a series of transactions or events that he or she knows or ought to know would cause the certificate of registra tion to be revoked, the officer or director is jointly and individually liable for the amounts specified in subsection 9(2). 11.

The minister may extend, with or without conditions, the time limit in relation to anything under these regulations and may grant the extension notwithstanding that the time limit to be extended has ex- pired. 12. A qualifying resort developer shall report annually to the minis- ter on the availability of the unit for the rental pool. 13.

(1) A breach of the 5 year operating commitment under para- graph 3(2)(

f) shall result in the surrender of the escrow account to the minister.

(2) A failure to comply with the Act or these regulations or with a certificate of registration issued under the Act shall result in the de- certification and render ineligible a pending unit sale. 14. These regulations shall be considered to have come into force on June 14, 2007. ©Earl G. Tucker, Queen's Printer Liability of officers and directors Extension of time Reporting Breach Commencement

The Newfoundland and Labrador Gazette August 3, 200 7 537 NEWFOUNDLAND AND LABRADOR REGULATION 86/07 Notice of Protected Water Supply Area of Big Pond Brook, WS-S-0629, for the Town of Rushoon under the Water Resources Act (Filed July 31, 2007) Under the authority of

section 39 of the Water Resources Act , I designate the area generally known as the Big Pond Brook Water Sup- ply Area, WS-S-0269, for the Town of Rushoon as a protected water supply area. Dated at St. John’s, June 29, 2007.

Clyde Jackman Minister of Environment and Conservation NOTICE This area includes all lands in the Provincial Electoral District of Burin - Placentia West abutted and bounded as follows: Beginning at a point having scaled UTM coordinates of easting 657 074 metres and northing 5 246 349 metres; Then running in a southeasterly direction for a distance of 118 metres, more or less, to a point having scaled UTM coordinates of easting 657 134 metres and northing 5 246 248 metres;

Notice of Protected Water Supply Area of Big Pond Brook, WS-S-0629, for the Town of Rushoon 86/07 The Newfoundland and Labrador Gazette August 3, 200 7 538 Then running in a southwesterly direction for a distance of 178 metres, more or less, to a point having scaled UTM coordinates of easting 657 023 metres and northing 5 246 108 metres; Then running in a southwesterly direction for a distance of 236 metres, more or less, to a point having scaled UTM coordinates of easting 656 852 metres and northing 5 245 946 metres; Then running in a southerly direction for a distance of 260 metres, more or less, to a point having scaled UTM coordinates of easting 656 861 metres and northing 5 245 686 metres; Then running in a southwesterly direction for a distance of 518 metres, more or less, to a point having scaled UTM coordinates of easting 656 629 metres and northing 5 245 222 metres; Then running in a westerly direction for a distance of 369 metres, more or less, to a point having scaled UTM coordinates of easting 656 264 metres and northing 5 245 165 metres; Then running in a southwesterly direction for a distance of 169 metres, more or less, to a point having scaled UTM coordinates of easting 656 112 metres and northing 5 245 092 metres; Then running in a westerly direction for a distance of 357 metres, more or less, to a point having scaled UTM coordinates of easting 655 763 metres and northing 5 245 016 metres; Then running in a southerly direction for a distance of 212 metres, more or less, to a point having scaled UTM coordinates of easting 655 728 metres and northing 5 244 806 metres; Then running in a southerly direction for a distance of 190 metres, more or less, to a point having scaled UTM coordinates of easting 655 760 metres and northing 5 244 619 metres; Then running in a southerly direction for a distance of 165 metres, more or less, to a point having scaled UTM coordinates of easting 655 760 metres and northing 5 244 454 metres; Then running in a southerly direction for a distance of 371 metres, more or less, to a point having scaled UTM coordinates of easting 655 760 metres and northing 5 244 083 metres;

Notice of Protected Water Supply Area of Big Pond Brook, WS-S-0629, for the Town of Rushoon 86/07 The Newfoundland and Labrador Gazette August 3, 200 7 539 Then running in a westerly direction for a distance of 317 metres, more or less, to a point having scaled UTM coordinates of easting 655 461 metres and northing 5 243 975 metres; Then running in a westerly direction for a distance of 270 metres, more or less, to a point having scaled UTM coordinates of easting 655 201 metres and northing 5 243 905 metres; Then running in a southwesterly direction for a distance of 173 metres, more or less, to a point having scaled UTM coordinates of easting 655 099 metres and northing 5 243 765 metres; Then running in a southwesterly direction for a distance of 395 metres, more or less, to a point having scaled UTM coordinates of easting 654 795 metres and northing 5 243 515 metres; Then running in a westerly direction for a distance of 199 metres, more or less, to a point having scaled UTM coordinates of easting 654 607 metres and northing 5 243 448 metres; Then running in a northerly direction for a distance of 317 metres, more or less, to a point having scaled UTM coordinates of easting 654 604 metres and northing 5 243 765 metres; Then running in a northerly direction for a distance of 505 metres, more or less, to a point having scaled UTM coordinates of easting 654 464 metres and northing 5 244 251 metres; Then running in a northwesterly direction for a distance of 401 metres, more or less, to a point having scaled UTM coordinates of easting 654 157 metres and northing 5 244 508 metres; Then running in a southwesterly direction for a distance of 218 metres, more or less, to a point having scaled UTM coordinates of easting 653 972 metres and northing 5 244 391 metres; Then running in a southwesterly direction for a distance of 357 metres, more or less, to a point having scaled UTM coordinates of easting 653 782 metres and northing 5 244 089 metres; Then running in a westerly direction for a distance of 522 metres, more or less, to a point having scaled UTM coordinates of easting 653 261 metres and northing 5 244 051 metres;

Notice of Protected Water Supply Area of Big Pond Brook, WS-S-0629, for the Town of Rushoon 86/07 The Newfoundland and Labrador Gazette August 3, 200 7 540 Then running in a northwesterly direction for a distance of 217 metres, more or less, to a point having scaled UTM coordinates of easting 653 084 metres and northing 5 244 175 metres; Then running in a northerly direction for a distance of 311 metres, more or less, to a point having scaled UTM coordinates of easting 653 198 metres and northing 5 244 464 metres; Then running in a northeasterly dir ection for a distance of 223 metres, more or less, to a point having scaled UTM coordinates of easting 653 341 metres and northing 5 244 635 metres; Then running in a northeasterly dir ection for a distance of 732 metres, more or less, to a point having scaled UTM coordinates of easting 653 858 metres and northing 5 245 152 metres; Then running in a northeasterly dir ection for a distance of 524 metres, more or less, to a point having scaled UTM coordinates of easting 654 338 metres and northing 5 245 365 metres; Then running in a northeasterly dir ection for a distance of 229 metres, more or less, to a point having scaled UTM coordinates of easting 654 509 metres and northing 5 245 518 metres; Then running in a northerly direction for a distance of 392 metres, more or less, to a point having scaled UTM coordinates of easting 654 477 metres and northing 5 245 908 metres; Then running in a northeasterly direction for a distance of 1029 metres, more or less, to a point having scaled UTM coordinates of easting 655 099 metres and northing 5 246 727 metres; Then running in a northerly direction for a distance of 318 metres, more or less, to a point having scaled UTM coordinates of easting 655 083 metres and northing 5 247 044 metres; Then running in a northeasterly dir ection for a distance of 445 metres, more or less, to a point having scaled UTM coordinates of easting 655 468 metres and northing 5 247 270 metres; Then running in a easterly direction for a distance of 461 metres, more or less, to a point having scaled UTM coordinates of easting 655 925 metres and northing 5 247 333 metres;

Notice of Protected Water Supply Area of Big Pond Brook, WS-S-0629, for the Town of Rushoon 86/07 The Newfoundland and Labrador Gazette August 3, 200 7 541 Then running in a easterly direction for a distance of 361 metres, more or less, to a point having scaled UTM coordinates of easting 656 271 metres and northing 5 247 435 metres; Then running in a southerly direction for a distance of 351 metres, more or less, to a point having scaled UTM coordinates of easting 656 328 metres and northing 5 247 089 metres; Then running in a southeasterly direction for a distance of 518 metres, more or less, to a point having scaled UTM coordinates of easting 656 794 metres and northing 5 246 863 metres; Then running in a southeasterly direction for a distance of 368 metres, more or less, to a point having scaled UTM coordinates of easting 657 058 metres and northing 5 246 606 metres; Then running in a southerly direction for a distance of 258 metres, more or less, to the point of commencement.

All coordinates refer Zone 21 of the NAD 83 Universal Transverse Mercator Projection. The Notice of Protected Water Supply Area of Big Pond Brook, Con- solidated Newfoundland and Labrador Regulation 523/96, is re- pealed. ©Earl G. Tucker, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 3, 2007 543 Index

PART I Change of Name Act – Applications ............................................................................................. .............................................. 261 Corporations Act – Notice ..................................................................................................... ...................................................... 259 Lands Act – Notice ............................................................................................................ .......................................................... 260 Trustee Act – Notices ......................................................................................................... ......................................................... 260 Urban and Rural Planning Act – Notices ........................................................................................ ............................................. 257

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Income Tax Act, 2000 Resort Property NLR 85/07 New Aug 3/07, p. 527 Investment Tax July 30/07 Extraordinary Credit Regulations (In force June 14, 2007) Water Resources Act Notice of Protected Water NLR 86/07 R & S Aug 3/07, p. 537 Supply Area of Big Pond CNLR 523/96 Brook, WS-S-0629, for The Town of Rushoon

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 3, 2007 544 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.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2007-08-03
Type	gazette
Volume / chapter	printer gazette weekly issues 2007 2007 08 03
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	4e219dbf0082430769821d7410ac16dc4f010e03

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