Newfoundland and Labrador Gazette, Part I — 2020-24-05, Vol. 99, No. 21 — Mineral Act Notice; Lands Act Notice

NLG 2020-24-05

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 99 ST. JOHN’S, FRIDAY, MAY 24, 2024 No. 21 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 08071M held by Tenacity Gold Mining Company Limited Mineral License 21234M held by Abaxx Technologies Ltd. Mineral License 24378M held by Jeffrey Brushett Mineral License 24735M held by Edge Exploration Mineral License 25128M held by Ethos Gold Corp. Mineral License 25346M held by Jacob Kennedy Mineral License 25660M held by William Mercer Mineral License 25688M held by Cartier Iron Corporation Mineral License 26101M held by E.

Michele Noel Mineral License 26102M held by E. Michele Noel Mineral License 26104M held by E. Michele Noel Mineral License 26106M held by E. Michele Noel Mineral License 26110M held by E. Michele Noel Mineral License 26111M held by E. Michele Noel 203

Mineral License 26496M held by E. Michele Noel Mineral License 26659M held by E. Michele Noel Mineral License 26909M held by NorZinc-Newfoundland Ltd. Mineral License 27565M held by Labmag GP Inc. Mineral License 27576M held by Vinking Marine Enterprises Inc. Mineral License 27581M held by Darrin Hicks Mineral License 27588M held by Vinking Marine Enterprises Ltd.

Mineral License 27595M held by Brian Jones Mineral License 31628M held by Tenacity Gold Mining Company Limited Mineral License 31629M held by Tenacity Gold Mining Company Limited Mineral License 31630M held by Tenacity Gold Mining Company Limited Mineral License 31631M held by Tenacity Gold Mining Company Limited Mineral License 31788M held by D3 Exploration Mineral License 31843M held by Ronald Sweetapple Mineral License 31848M held by Lloyd Pike Mineral License 31851M held by Gerald Terrance Russell Mineral License 31852M held by Gerald Terrance Russell Mineral License 31867M held by Angus Bradley Mineral License 31889M held by Wolverine Resources Corp.

Mineral License 31920M held by Tenacity Gold Mining Company Limited Mineral License 31921M held by Tenacity Gold Mining Company Limited Mineral License 31922M held by Tenacity Gold Mining Company Limited Mineral License 31929M held by Darrin Hicks Mineral License 32031M held by Edge Exploration Mineral License 32076M held by Edge Exploration Mineral License 32079M held by Edge Exploration Mineral License 32094M held by Amanda McCallum Mineral License 32739M held by Shawn A.

Ryan Mineral License 33349M held by Jason White Mineral License 33586M held by Jason White Mineral License 33640M held by White Fox Silver Resources Inc. Mineral License 33645M held by Evan Marks Mineral License 33651M held by White Fox Silver Resources Inc. Mineral License 33652M held by Jason White Mineral License 33653M held by White Fox Silver Resources Inc. Mineral License 33795M held by Mineral Lands Admin THE NEWFOUNDLAND AND LABRADOR GAZETTE May 24, 2024 204

Mineral License 33852M held by Down and Out Prospectors Inc. Mineral License 33855M held by Evan Marks Mineral License 33856M held by Evan Marks Mineral License 33857M held by Evan Marks Mineral License 33858M held by Puddle Pond Resources Inc. Mineral License 33870M held by Galloper Gold Corp. Mineral License 33871M held by Galloper Gold Corp. Mineral License 33899M held by 11205064 Canada Corporation Mineral License 33911M held by Calvert Davis Mineral License 33936M held by Jason White Mineral License 33985M held by Judy Taylor Mineral License 34010M held by Carson Bell Mineral License 34073M held by George J.

Mercer Mineral License 34259M held by Jeff Burke Mineral License 34425M held by Jason White Mineral License 35346M held by Neil McCallum Mineral License 35354M held by Neil McCallum Mineral License 35355M held by Shoreline Exploration Inc. Mineral License 35359M held by AZK Holdings Pty Ltd. Mineral License 35360M held by AZK Holdings Pty Ltd. Mineral License 35377M held by Angus Bradley Mineral License 35383M held by Donna Lewis Mineral License 35529M held by C2C Gold Corp.

Mineral License 35636M held by Brian Jones Mineral License 35637M held by Brian Jones Mineral License 35649M held by Puddle Pond Resources Inc. Mineral License 35876M held by Brian Jones Mineral License 35924M held by Big Ridge Gold Corp (51%)/ Coastal Gold Corp (49%) Mineral License 35929M held by Big Ridge Gold Corp (51%)/ Coastal Gold Corp (49%) Mineral License 36311M held by Brian Jones Mineral License 36363M held by Brian Jones Mineral License 37328M held by Anteros Metals Inc.

Mineral License 37417M held by Brian Jones Mineral License 37691M held by Big Ridge Gold Corp (51%)/ Coastal Gold Corp (49%) Mineral License 37697M held by Brian Jones Mineral License 37698M held by Brian Jones THE NEWFOUNDLAND AND LABRADOR GAZETTE May 24, 2024 205

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, 97/2000, 36/2001, 31/2004, 78/2006, 8/2008, 28/2009, 5/2013, 3/2017, 12/22 and 76/23 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 May 24 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION MUNICIPAL PLAN AMENDMENT NO. 31, 2024 DEVELOPMENT REGULATIONS AMENDMENT NO. 50, 2024 TAKE NOTICE that the TOWN OF CONCEPTION BAY SOUTH Municipal Plan Amendment 31, 2024 and Development Regulations Amendment No. 50, 2024, adopted by the Town Council on January 23, 2024, has been registered by the Minister of Municipal and Provincial Affairs.

IN GENERAL TERMS , CONCEPTION BAY SOUTH Municipal Plan Amendment No. 31, 2024 and Development Regulations Amendment No. 50, 2024 re-designates and re-zones land at 1496 Conception Bay Highway from the “Residential Low Density” to the “Residential Medium Density” designation and zone. CONCEPTION BAY SOUTH Municipal Plan Amendment No. 31, 2024 and Development Regulations Amendment No. 50, 2024 come into legal effect on the day that this notice is published in the Newfoundland and Labrador Gazette . A copy of the registered amendment is available at the Town of Conception Bay South Town Hall.

TOWN OF CONCEPTION BAY SOUTH Corrie Davis, Director—Planning and Development May 24 LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture 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 Hants Harbour, for the purpose of cribbing and wharf. 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 website: https://www.gov.nl.ca/ffa/lands/sec7notifications/. Please note: It may take up to five (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 notice on the Department of Fisheries, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/ , to the Minister of Department of Fisheries, Forestry and Agriculture 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.) May 24 THE NEWFOUNDLAND AND LABRADOR GAZETTE May 24, 2024 206

TRUSTEE ACT ESTATE NOTICE IN THE ESTATE OF JOYCE HEATHER OWERS , 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 upon or affecting, the Estate of the late JOYCE HEATHER OWERS , of St. John’s, in the Province of Newfoundland and Labrador, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the said deceased, on or before the 13th day of June, 2024, after which date the Executrix will proceed to distribute the said Estate having regard only to the claim(

s) of which she then shall have had notice. DATED at Carbonear, in the Province of Newfoundland and Labrador, this 13 th day of May, 2024. BABB LAW OFFICE Solicitor for the Executrix Per: Jessica M. Babb, B.A., J.D. ADDRESS FOR SERVICE: PO Box 400 18 Goff Avenue Carbonear, NL A1Y 1B8 Tel: (709) 596-2377 Toll Free: 1-(800) 596-0596 Fax: (709) 596-0415 e-mail: babblaw@babblaw.ca May 24 ESTATE NOTICE IN THE ESTATE OF BRANDON TONY PAR ROTT, of Heart’s Content, in the Province of Newfoundland and Labrador, Deceased.

ALL PERSONS claiming to be creditors of, or who have any claims or demands upon or affecting, the Estate of the late BRANDON TONY PARROTT of Heart’s Content, in the Province of Newfoundland and Labrador, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the said deceased, on or before the day of June 10, 2024, after which date the Executrix will proceed to distribute the said Estate having regard only to the claim(

s) of which she then shall have had notice. DATED at Carbonear, in the Province of Newfoundland and Labrador, this 9 th day of May, 2024. BABB LAW OFFICE Solicitor for the Executrix Per: John M. Babb, K.C. ADDRESS FOR SERVICE: PO Box 400 18 Goff Avenue Carbonear, NL A1Y 1B8 Tel: (709) 596-2377 Toll Free: 1-(800) 596-0596 Fax: (709) 596-0415 e-mail: babblaw@babblaw.ca May 24 THE NEWFOUNDLAND AND LABRADOR GAZETTE May 24, 2024 207

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 99 ST. JOHN’S, FRIDAY, MAY 24, 2024 No. 21 NEWFOUNDLAND AND LABRADOR REGULATION NLR 31/24 CORRECTION NOTICE

Part II of the May 17 th, 2024 Newfoundland and Labrador Gazette (Vol. 99, #20) inadvertently had an incorrect page number on the back cover. This has been corrected in the online version, and the corrected page numbering sequence is used in this

Part II.

301 The Newfoundland and Labrador Gazette May 24, 2024 NEWFOUNDLAND AND LABRADOR REGULATION 31/24 Engineers and Geoscientists Regulations, 2024 under the Engineers and Geoscientists Act, 2008 (Filed May 24, 2024) Under the authority of

section 38 of the Engineers and Geoscientists Act, 2008 , the board of dir ectors of the Association of Professional Engineers and Geoscientists of Newfoundland and Labrador, with the approval of the Minister of Digital Government and Service Newfoundland and Labrador, makes the following regulations. Dated at St. John’s, May 21, 2024 Chairperson, Board of Directors Association of Professional Engineers and Geoscientists of Newfoundland and Labrador Sarah Stoodley Minister of Digital Government and Service Newfoundland and Labrador

302 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Applications for registration and renewal of registration

PART I REGISTRATION 4. Categories of registration of professional members 5. Registration: professional member – unrestricted 6. Registration: professional member – limited scope 7. Practice restrictions: professional members – limited scope 8. Registration: permit holder 9. Practice restrictions: permit holder 10. Notification to association 11. Registration: member-in- training 12. Time limits 13. Registration: student 14. Evaluation of applications 15. Review by board

PART II EXPIRY, RENEWAL AND CANCELLATION OF REGISTRATION 16. Expiry 17. Renewal of registration for professional members, permit holders and members-in-training 18. Renewal of registration for students 19. Cancellation of registration

PART III PROFESSIONAL DEVELOPMENT 20. Professional development required 21. Exemption from professional development

PART IV STAMPS AND SEALS 22. Control and use of stamps and seals

PART V DISCIPLINE 23. Filing of an allegation 24. Mediation 25. Appointment of adjudication tribunal 26. Adjudication tribunal hearing date 27. Decision of adjudication tribunal

PART VI GENERAL 28. Substitution for registrar 29. Transitional 30. Repeal 1. These regulations may be cited as the Engineers and Geoscientists Regulations, 2024. 2. In these regulations (a) "Act" means the Engineers and Geoscientists Act, 2008;

Short title

Definitions

303 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (b) "applicant" means a person that has subm itted an application to be registered as a professional member, permit holder, member-in-training or student; (c) "approved by the board" includes approved by a committee; (d) "by-laws" means the by -laws of the board made under

section 9 of the Act; (e) "Canadian jurisdiction" means Canadian jurisdiction as defined in the Labour Mobility Implementation Act; (f) "category of registration" means one of the categories of registration o f professional members established in

section 4; (g) "committee" means a committee appointed by the board under

section 9 of the Act; (h) "confirmatory examination" means an examination required by the board for the purpose of assessing an engineering or geoscience degree or equivalent academic qualifications of an applicant and does not mean an examination required by the board for the correction of perceived specific academic deficiencies; (i) "defined scope of practice" means the sco pe of practice within the practice of engineering or the practice of geoscience approved by the bo ard in accordance with

section 7; (j) "document of a professional nature" includes a report, certificate, memo, specificati on, drawing, map, design, model, plan or other docum ent that was prepared in the practice of engineering or the practice of geoscience; (k) "professional good standing" means proof, satisfactory to the board, (

i) of the applicant's professional good character , which may include letters o f reference from employers and other persons familiar with the professional practice of an applicant,

304 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (ii) that the applicant has the requisite knowledge, skill and competencies to engage in the practice of engineering or the practice of geoscience, and (iii) that the applicant is not subject to discipline actions or sanctions in a jurisdiction where the applicant has practised or was registered; (l) "professional member in responsible charge" means the professional member that is responsible for ensurin g the practice of engineering or the practice of geoscience, as the case may be, performed by a permit holder is in accordance with the Act, these regulations, the by-laws and generall y accepted standards of practice; (m) "professional member – limited s cope" means a pers on holding one of the categories of registration referred to in paragraphs 4(

c) or (d); (n) "professional member – unrestricted" means a person holding one of the categories of registration referred to in paragraphs 4(

a) or (b); (o) "professional practic e examination" means the examination required by the board for the purp ose of confirming an applicant's knowledge of professional practice, ethics, engineering law, professional liability and other related matters; (p) "reciprocal juris diction" means a jurisdiction covered by an agreement to which the association or the province is a party, whether or not that jurisdiction is in Canada, and which provides for the mobility of engineers and geoscientists between that jurisdiction and the p rovince, or which may be otherwise recognized by the board as a jurisdiction which has re gistration standards equivalent to those established under the Act; (q) "recognized by the board" includes recognized by a committee; (r) "registration authority" means

305 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (

i) a regulatory authority of a Canadian jurisdiction, or (ii) an association or ot her authority or body responsible for the registration or licensure of persons in the practice of engineering or geoscience in a reciprocal jurisdiction; (s) "regulatory authority" mea ns regulatory authority as defined in the Labour Mobility Implementation Act; (t) "required by the board" includes required by a committee; (u) "required fees" means fees that may be prescribed by the board under

section 8 of the Act; (v) "satisfactory to the board" includes satisfactory to a committee; and (w) "stamp or seal " includes a manual stamp or seal and a n electronic stamp or seal. 3.

(1) An application for registration or renewal of registration as a professional member, permit holder, member- in-training or student shall be (

a) submitted to the registrar; (

b) in the form approved by the board; and (

c) accompanied by (

i) all documentation and information required under the Act and these regulations, and (ii) the required fees.

(2) The registrar sha ll refer an application made in accordance with subsection (1) to the board or a committee.

(3) Where the board or a committee requires further information in order t o evaluate an appl icant, the board or committee shall request further information from th e applicant and the applicant shall provide that information in the time specified in the request. Applications for registration and renewal of registration

306 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24

(4) An application for registration or renewal of registration shall be considered t o be consent by an applicant for third parties to release information t o the board or a committee for the purposes of verifying information provided by the applicant under this section.

(5) The board or a committee may require an applicant to provide proof , satisfactory to the board, that the person is in professional good standing.

PART I REGISTRATION 4. The following categories of registration of professional members are established: (

a) professional engineer – unrestricted; (

b) professional geoscientist – unrestricted; (

c) professional member in the practice of engineering – limited scope; and (

d) professional member in the practice of geoscience – limited scope. 5.

(1) In addition to the requirements in

section 11 of the Act, a person is eligible to be registered as a professional engineer – unrestricted or geoscientist – unrestricted where the person (

a) completes an application in accordance with

section 3; (

b) demonstrates knowledge of the Act, these regulations and the by-laws satisfactory to the board; (

c) demonstrates proficiency in the English language satisfactory to the board to enable the applicant to engage in the p ractice of engineering or the practice of geoscience in the province; (

d) demonstrates general knowledge of the practice of engineering or the practice of geoscience, as the case may be, by successfully completing a professional practice examination or by other means required by the board; Categories of registration of professional members Registration: professional member – unrestricted

307 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (

e) is of good character and reputation; and (

f) provides proof, satisfactory to the board, that the applicant (

i) has (

A) a degree in engineering or geoscience from a university program approved by the board, and (

B) at least 4 years of applicable work experience satisfactory to the board in the pract ice of engineering or the practice of geoscience, at least 3 years of which shall be gained subsequent to the conferral of the degree referred to in clause (A), (ii) has (

A) the academic qualifications equivalent to a degree in engineering or geoscience demonstrated by successful completion of the confirmatory examinations that may be required by the board, and (

B) at least 4 years of applicable work experience satisfactory to the boa rd in the practice of engineering or the practice of geoscience subsequent to the attainment of the academic qualifications referred to in clause (A), (iii) has (

A) successfully completed the confirmatory examinations or any other exami nation that may be required by the board, and (

B) a total of at least 6 years of applicable work experience in the practice of engineering or the practice of geoscience satisfactory to the board, one year of which shall be obtained subsequent to the successful completion of the examinations required in clause (A), or

308 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (iv) has the combined ac ademic qualifications and work experience satisfactory to the board to enable the applicant to meet the generally accepted standards of practical knowledge, skill and competence required to engage in the practice of engineering or the practice of geoscience.

(2) The board or a committee shall waive the requirements in paragraphs (1)(

d) and (

f) where (

a) the applicant is registered and in professional good standing with a registration authority; and (

b) the registration referred to in paragraph (

a) is recognized by the board as equivalent in the scope of practice and competencies to that of a professional engineer – unrestricted or a professional geoscientist – unrestricted. 6.

(1) In addition to the requirements in

section 11 of the Act, a person is eligible to be registered as a professional member in the practice of engineering – limited scope or a professional member in the practice of geoscience – limited scope where the person (

a) satisfies the requirements in paragraphs 5(1)(

a) to (e); and (

b) provides proof, satisfactory to the board, that the applicant (

i) has (

A) a science degree in a discipline and from a university program approved by the board, and (

B) at least 8 years of applicable work experience in the practice of engineering or the practice of geoscience satisfactory to the board, (ii) has (

A) a degree or diploma in engineering technology or geoscience technology from an institution approved by the board in a program approved by the board, and Registration: professional member – limited scope

309 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (

B) at least 8 years of applicable work experience in the practice of engineering or the practice of geoscience satisfactory to the board, (iii) has (

A) other academic q ualifications approved by the board, and (

B) at least 8 years applicab le work experience in the practice of engineering or the practice of geoscience satisfactory to the board, or (iv) has the combined academic qualifications and work experience satisfactory to the board to enable the applicant to meet the generally accept ed standards of practical knowledge, skill and competence required to engage in the practice of engineering or the practice of geoscience.

(2) The board or a committe e may waive the requirements in paragraph 5(1)(

d) and paragraph (1)(

b) where (

a) the applicant is registered and in professional good standing with a registration authority; and (

b) the registration referred to in paragraph (

a) is recognized by the board as equivalent in the scope of practice and competencies to that of a professional member in the practice of engineering – limited scope or a professional member in the practice of geoscience – limited scope. 7.

(1) A professional member – limited scope shall only engage in the pract ice of engineering or the practice of geoscience, as the case may be, within a defined scope of practice as approved by the board.

(2) A defined scope of practice shall (

a) be within a recognized discipline of engineering or geoscience; (

b) not include all aspects of practice within a primary discipline of engineering or geoscience; and Practice restrictions: professional members – limited scope

310 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (

c) align with the person's academic qualifications and work experience.

(3) A person registered as a professional member in the practice of engineering – limited scope may use the designation "Eng. L.".

(4) A person registered as a professional member in the practice of geoscience – limited scope may use the designation "Geo. L.". 8.

(1) In addition to the requirements in

section 12 of t he Act, a professional member is eligible to be registered as a permit holder where the professional member (

a) completes an application in accordance with

section 3; (

b) is in professional good standing; and (

c) provides proof , satisfactory to the boa rd, that all aspects of the professional member's practice of engineering or practice of geoscience, as the case may be, are performed by the professional member.

(2) In addition to t he requirements in

section 12 of the Act, a partnership, corporation, limited partnership or other association of persons is eligible to be registered as a permit holder where the partnership, corporation, limited partnership or other ass ociation of persons (

a) completes an application in accordance with

section 3; and (

b) provides proof , satisfactory to the board, that all aspects of the applicant's practice of professional engineering or professional geoscience , as the case may be, are directly supervised by a professional member in responsible charge who is (

i) registered as a (

A) professional engineer , where the applicant will be engaged in the practice of engineering, or (

B) professional geoscientist , where the applicant will be engaged in the practice of geoscience, and Registration: permit holder

311 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (ii) in professional good standing. 9. A permit holder shall only engage in the practice of engineering or the practice of geoscience within the areas of competencies of the professional members employed by or working under contract for the permit holder. 10.

(1) A permit holder shall (

a) keep the registrar advised at all times of the name of the professional member in responsible charge; and (

b) immediately notify the registrar of a change, whether temporary, indefinite or perm anent, in the status of a professional member in responsible charge.

(2) The professional mem ber in responsible charge shall immediately notify the registrar when the professional member ceases to be the professional member in responsible charge for a per mit holder, whether temporarily, indefinitely or permanently. 11. A person is eligible to be registered as a member- in-training where the person (

a) completes an application in accordance with

section 3; (

b) is of good character and reputation; and (

c) provides proof , satisfactory to the board , that the person satisfies one of the academic qualifications required in paragraph 5(1)(f). 12. A person shall not remain on the register as a member -in- training for a period of more than 6 years unless otherwise approved by the board. 13. A person is entitled to be registered as a student where the person (

a) completes an application in accordance with

section 3; Practice restrictions: permit holder Notification to association Registration: member-in-training Time limits Registration: student

312 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (

b) is of good character and reputation; (

c) provides proof, satisfactory to the board, that the person (

i) is enrolled in an undergraduate program in engineering or geoscience approved by the board; and (ii) has successfully completed at least one year of the program referred to in subparagraph (i). 14.

(1) The board or a committee shall evaluate an application for registration as a professional member, permit hold er, member -in- training or student and may (

a) approve the registration; (

b) refuse the registration on the grounds that the applicant failed to meet one or more of the requirements for registration in the Act and these regulations; or (

c) defer approval of the registration until the applicant has met the requirements for registration in the Act and these regulations, and (

i) in the case of an application for registration as a professional member, the applicant has (

A) successfully completed one or mor e examinations or completed a further term and type of work experience that the board or a committee may require, or (

B) provided any additional information required by the board or a committee, or (ii) in the case of application for registration as a p ermit holder, the applicant has provided any additional information required by the board or a committee. 15.

(1) The registrar shall notify an applicant, in writing, of a decision of the board or a committee made under this Part. Evaluation of applications Review by board

313 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24

(2) Where registration of an applicant is approved under paragraph 14(a), the registrar shall (

a) publish a notice of approval in accordance with the by- laws; and (

b) enter the applicant on the register as a professional member, including the category of regis tration, permit ho lder, member-in-training or student, as the case may be.

(3) Where reg istration of an applicant is refused or deferred under paragraph 14(

b) or (c), the notice provided in subsection (1) shall include reasons for that decision.

(4) An a pplicant whose application for registration as a professional member or permit holder has not been approved by the board or a committee may, within 30 days of receiving a notice of the decision and the reasons for the decision, request the board review the application by se rving on the registrar a written request for review by the board settin g out the reasons why, in the applicant's opinion, the applicant's registration as a professional member or permit holder should be approved.

(5) Notwithstanding subs ection (4), where approval of an application for registration has been deferred under par agraph 14(c), the applicant shall have no right to request a review of the application by the board.

(6) The board or a committee, other than the committee or a member of the committee that evaluated the application for registration under

section 14, shall, after receipt of a request for review under this section, review the application.

(7) An applicant who has requested a review under this

section (

a) shall be notified in writing b y the board or committee of the location, date and time of the review; and (

b) is entitled to appear with counsel and make representations to the board or the committee.

(8) For the purpose of a review under this Part, a quorum of the board or committee shall be 3 members.

314 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24

(9) Following the conclusion of the review , the board or committee may make a decision which the board or committee is authorized to make under this Part.

PART II EXPIRY, RENEWAL AND CANCELLATION OF REGISTRATION 16. A registration issued under these regulations expires annually on December 31. 17.

(1) The board shall renew the registration of a professional member or a member -in-training where that professional membe r or member-in-training (

a) completes an application for renewal in accordance with

section 3 before the expiry date prescribed in

section 16; (

b) is in professional good standing; and (

c) provides proof , satisfactory to th e board , that the applicant has complied with the professional development p rogram established by the board.

(2) The board shall renew the registration of a permit holder where that permit holder (

a) completes an application for renewal in accordance wi th

section 3 before the expiry date prescribed in

section 16; (

b) is in professional good standing; and (

c) continues to satisfy the requirements prescribed in paragraph 8(1)(

c) or subparagraph 8(2)(b)(i), as the case may be.

(3) Notwithstanding paragraphs (1)(

a) and (2)(a), the board shall renew the registration of a person who was previously registered as a professional member, permit holder or a member -in-training after the expiry date prescribed in

section 16 where the person satis fies the requirements in paragraphs (1)(

b) and (

c) or paragraph 2(b).

(4) A person who was previously registered as a professional member or member -in-training but has not be en registered with the Expiry Renewal of registration for professional members, permit holders and members-in-training

315 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 association for 5 years after the expiry of the registrati on is not eligible for a renewal under this

section and is required to reapply for registration in accordance with the Act and these regulations. 18. The board shall renew the registration of a student where the student (

a) completes an application for renewal in accordance with

section 3 before the expiry date prescribed in

section 16; and (

b) continues to satisfy the requirements for registration as a student. 19.

(1) The board shall cancel the registration of a professional member, permit holder, member -in-training or s tudent where the registration was issued in error.

(2) The board may cancel the registration of a professional member, permit holder, member -in-training or student wh ere the professional member, permit holder, member- in-training or student ceases to satis fy a requirement of registration under the Act or these regulations.

(3) Where the board cancels a registration under subsection (1) or (2), the board shall provide w ritten notice to the professional member, permit holder, member -in-training or student, a s the case may be.

(4) The board may direct the registrar to give notice to the profession and to the public of an action taken under this section.

PART III PROFESSIONAL DEVELOPMENT 20.

(1) Every professional member and member -in-training shall participate in and satisfy the requirements of a professional development program established by the board.

(2) The board may cancel the regi stration of a professional member or member -in-training who fails to comply with subsecti on (1). Renewal of registration for students Cancellation of registration Professional development required

316 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 21. The board may exempt a professional member or a member -in- training from the professional development program esta blished by the board where the professional member or member -in-training applies in writing to the board for an exemption.

PART IV STAMPS AND SEALS 22.

(1) At the request of a professional member or a permit holder , the registrar shall provide the professional member or permit holder with a stamp or seal.

(2) A professional member or permit holder shall not acquire a stamp or seal from any other source other than the registrar.

(3) A professional member or permit holder shall not modify the stamp or seal provided under subsection (1).

(4) A professional member shall ensure that the professional member's stamp or seal (

a) remains at all times under the direct control of that professional member; and (

b) is not loc ated in a manner t hat would allow its use by a person other than the professional member to whom it was issued or a person under that professional member's immediate and direct control.

(5) A permit holder shall ensure that the permit holder's stamp or seal (

a) remains at all times under the direct control of the professional member in resp onsible charge for that permit holder; and (

b) is not located in a manner that would allow its use by a person other than the professional member responsible in charge.

(6) A professi onal member shall apply the professional member's seal or stamp to all documents of a professional nature that were prepared by Exemption from professional development Control and use of stamps and seals

317 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 (

a) the professional member or under the professional member's supervision and control; or (

b) another person where the profes sional member has reviewed and for which the professional member accepts professional responsibility.

(7) A stamp or seal shall be accompanied by the signature of the professional member to whom it was issued and the date on which the stamp or seal is applied.

(8) A professional member in responsible charge for a permit holder shall apply the permit holder 's stamp or seal to all documents of a professio nal nature that were prepared by the permit holder along with the year for which the permit is valid.

(9) A stamp or seal may be applied to the cover page or final page of reports and specifications in a manner which clearly indicates acceptance of professional responsibility for the reports and specifications without being applied to each page.

(10) The stamp or seal referred to in subsection (1) shall remain the property of the association and shall be surrendered to the association when demanded by the registrar.

PART V DISCIPLINE 23.

(1) Within 30 days of r eceipt of an alleg ation under subsection 22(1) or 22(2) of the Act, the registrar shall notify the respondent in writing that an allegation has been received.

(2) A respondent shall have 30 days from the notification of the allegation to respond to the complainant's allegation.

(3) Notwithstanding subsection (2), the complaints authorizatio n committee, or a person appointed by the complaints authorization committee, may request and accept from a respondent a further reply to an allegation.

(4) Within 120 days of the refer ral of an allegation to the complaints authorization committee, the ch airperson of the complaints authorization committee shall inform the respondent and the Filing of an allegation

318 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 complainant whether the complaints authorization committee intends to conduct an investigation of the allegation under

section 24 of the Act.

(5) Where the complaints authorization committee suspends the registration of a respondent under subsection 24( 3) of the Act, the complaints authorization committee shall publish a notice of th e suspension in a newspaper of general circulation in or near the community where the respondent practices.

(6) In addition to the notice given under subsection (5) , the complaints authorization committee may also give notice to those persons or by other means the complaints authorization committee considers appropriate. 24.

(1) Where the complaints authorization committee refers an allegation back to the registrar for mediation under paragraph 24(1)(

a) of the Act, the registrar shall take the s teps required for the mediation to take place.

(2) The complainant and the respondent shall (

a) participate in the mediation; and (

b) accept the result.

(3) The mediator shall conduct the mediation in accordance with a mediation agreement acceptable t o the complainant, the respondent and the complaints authorization committee.

(4) Where the complaints authorization committee accepts the result of the mediation, the disciplinary process is concluded.

(5) Where the complaints authorization committee do es not accept the result of the mediation, it may exercise one or more of the powers given to it under

section 24 of the Act.

(6) Where a mediation has not been concluded within 3 months of its commencement or, where, during the 3 month period, the mediator concludes there is no reasonable prospect that the mediation will be concluded satisf actorily, the mediator shall refer the allegation back to the complaints authorization committee and, in that case, the complaints authorization committee may exercise one or more of the powers given it under

section 24 of the Act. Mediation

319 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24

(7) The association sha ll bear the costs of the mediator and the place where the mediation is conducted, and the complainant and the respondent shall bear their costs. 25. An adjudication tribunal shall be appointed within 30 days of referral of the complaint by the disciplinary panel. 26.

(1) An adjudication tribunal shall set a hearing date which shall be the later of (a) 120 days afte r the decision of the complaints authorization committee that grounds exist to start a disciplinary proceeding; or (b) 90 days after the complaint is referred to the disciplinary panel.

(2) Notwithstanding subsection (1), the chairperso n of the adjudication tribunal may extend the time period prescribed in subsection (1) where the respondent and board agree. 27. The written decision and orders of an adjudication tribunal shall be provided to the board and the respondent within 90 days of the completion of the hearing of the complaint by the adjudication tribunal.

PART VI GENERAL 28. Where reference is made to the registrar in these regulations, and where the registrar is tem porarily unable to fulfil the functions contemplated by these regulations due to illness or other reason, those functions may be carried out by another person designated by the board. 29.

On the coming into force of these regulations , a person who was registered as a professional member in the practice of engineering – limited licensee or a professional member in the practice of geoscience – limited licensee shall be registered as a professional member in the practice of engineering – limited scope or a profes sional member in the practice of geoscience – limited scope, as the case may be. Appointment of adjudication tribunal Adjudication tribunal hearing date Decision of adjudication tribunal Substitution for registrar Transitional

320 The Newfoundland and Labrador Gazette May 24, 2024 Engineers and Geoscientists Regulations, 2024 31/24 30. The Engineers and Geoscientists Regulations, 2011 , Newfoundland and Labrador Regulation 43/11, are repealed. ©King's Printer Repeal

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 24, 2024 321 Index

PART I Lands Act – Notice ....................................................................................................................................................206 Mineral Act – Notice .................................................................................................................................................203 Trustee Act – Notices ................................................................................................................................................207 Urban and Rural Planning Act, 2000 – Notice ........................................................................................................206

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation made thereunder NLR Amendment NL Gazette Date & Page No. Engineers and Geoscientists Act, 2008 Engineers and Geoscientists Regulations, 2024 31/24 R&S NLR 43/11 May 24/24 p. 301

The Newfoundland and Labrador Gazette is published from the Office of the Kings’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PDF format or as a MSWord file. When this is not possible, advertisements must be either, 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.

Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to kingsprinter@gov.nl.ca. Subscription rate for The Newfoundland and Labrador Gazette is $144.38 for 52 weeks plus 15% HST ($166.04). Weekly issues, $3.47 per copy, plus 15% HST ($3.99) 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 King’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/snl/printer/gazette/weekly-issues The Newfoundland and Labrador Gazette Advertising Rates Prices effective July 1, 2016 Notices Rate 15% HST Total Lands Act - Notice of Intent - 1 week $31.13 $4.67 $35.80 Motor Carrier Act - Notice - 1 week $39.90 $5.99 $45.89 Trustee Act - Estate Notice - 1 week $34.65 $5.20 $39.85 Trustee Act - Estate Notice - 2 weeks $62.37 $9.36 $71.73 Trustee Act - Estate Notice - 3 weeks $91.25 $13.69 $104.94 Trustee Act - Estate Notice - 4 weeks $118.97 $17.85 $136.82 All other public notices required by law to be published in The Newfoundland and Labrador Gazette , eg., Corporations Act, Municipalities Act, Quieting of Titles Act, Urban and Rural Planning Act, etc., are priced according to size: for Single Column $3.47 per cm or Double Column $6.93 per cm, plus 15% HST.

For quotes please contact the Office of the King’s Printer kingsprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 322 THE NEWFOUNDLAND AND LABRADOR GAZETTE May 24, 2024322

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2020-24-05
Type	gazette
Volume / chapter	nlg20240524 1
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	56ae0fb8593d90d376643cc635f4931d10a2da75

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