681 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 80 ST. JOHN’S, FRIDAY, NOVEMBER 25, 2005 No. 47 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 007732M Held by Buchans River Ltd Situate near Dawe s Pond,Central NL On map sheet 12H/01 Mineral License 009033M Held by Baldwin, Stephen Situate near Hunts Pond,Central NL On map sheet 02D/15 Mineral License 009037M Held by South Coast Ventures Inc Situate near Mings Bight,Baie Verte Area On map sheet 12H/16 Mineral License 009630M Held by Moydow Mines International Inc.

Situate near Twillick Brook,Southern NL On map sheet 02D/04 Mineral License 009636M 009637M Held by Cornerstone Resources Inc. Situate near Doctors Harbour,Southern NL On map sheet 01M/11 Mineral License 009639M 009640M Held by Cornerstone Resources Inc. Situate near Long Harbour,Southern NL On map sheet 01M/11 Mineral License 009638M Held by Cornerstone Resources Inc. Situate near Mal Bay,Southern NL On map sheet 01M/11 Mineral License 010257M Held by Lush, Tom Situate near Couteau Lake,Southern NL On map sheet 11P/13 Mineral License 010258M Held by Candente Resource Corp.

Situate near Peter Strides,Central NL On map sheet 12A/04 Mineral License 010265M Held by Hester, Brian W. Situate near Kanairiktok River On map sheet 13K/11

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 25, 2005 682 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidated Newfoundland and Labrador Regulations 1143/96 and Newfoundland and Labrador Regulation 71/98, 104/98, 97/2000, 36/2001 and 31/2004 and outlined on 1:50 000 scale maps maintained by the Department of Natura l Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

JIM HINCHEY, P.Geo Manager - Mineral Rights File # 774: 4079, 4910, 4914, 5290, 5293, 5700, 5701, 5706 Nov 25 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Wing Soon Oue, aka Oue Wing Soon, Au Wing Soon and Wing Soon, late of the City of Corner Brook, in the Province of Newfoundland and Labrador, Retired Restauranteur, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Wing Soon Oue, aka Oue Wing Soon, Au Wing Soon and Wing Soon, late of the City of Corner Brook, in the Province of Newfoundland and Labrador, Retired Restauranteaur, deceased, are hereby requested to send particulars thereof in writing duly attested to the undersigned Solicitors for the Executrix of the Estate of the said deceased on or before the 14 th day of December, 2005, after which date the said Executrix will proceed to distribute the said Estate havi ng regard only to the claims of which she then shall have notice.

MONAGHAN, MURPHY AND WATTON Solicitors for the Executrix PER: Derrick G. M. Watton ADDRESS FOR SERVICE: P. O. Box 815 17 West Street Corner Brook, NL A2H 6H9 Nov 25 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Acti, by me:- CHRISTINE CENTONZE of P. O.

Box 8002, Stn A, Happy Valley-Goose Bay, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from RAIN THOMAS HOULAHAN to RAIN THOMAS CENTONZE DATED this 8th day of November, 2005 CHRISTINE CENTONZE (Signature of Applicant) Nov 25 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- CARLA JEAN ROSE of 21 Dunbar Avenue, Corner Brook, A2H 3T1, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from CARI MARTINE NOSEWORTHY to CARI MARTINE ROSE DATED this 28th day of October, 2005.

CARLA ROSE (Signature of Applicant) Nov 25 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 25, 2005 683 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- DAWNE HELEN FITZPATRICK of P. O. Box 856, RR # 1, Jean de Baie, A0E 2M0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from AMBER DAWN BAKER to AMBER DAWN FITZPATRICK DATED this 16th day of November, 2005 DAWNE FITZPATRICK (Signature of Applicant) Nov 25

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 80 ST. JOHN’S, FRIDAY, NOVEMBER 25, 2005 No. 47 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 105/05 NLR 106/05 NLR 107/05 NLR 108/05 NLR 109/05

The Newfoundland and Labrador Gazette November 25, 2005 687 NEWFOUNDLAND AND LABRADOR REGULATION 105/05 Small Claims Rules (Amendment) under the Small Claims Act (Filed November 24, 2005) Under the authority of

section 7 of the Small Claims Act , the Rules Committee makes the following Rules. Dated at St. John’s, November 22, 2005. M. Reginald Reid Chief Provincial Court Judge David Orr Provincial Court Judge Irene Muzychka Law Society Representative

Small Claims Rules (Amendment) 105/05 The Newfoundland and Labrador Gazette November 25, 2005 688 Mary J. (McCarthy) Mandville Attorney General Designate RULES Analysis 1. Rules 3 & 6 Amdt. Rule 3 Making a claim Rule 6 Making a claim against a plaintiff 1. The Small Claims Rules are amended by deleting the amount "$3,000" wherever it occurs and substituting the amount "$5,000". ©Earl G. Tucker, Queen's Printer NLR 52/97 as amended

The Newfoundland and Labrador Gazette November 25, 2005 689 NEWFOUNDLAND AND LABRADOR REGULATION 106/05 Carrier Safety Regulations (Amendment) under the Highway Traffic Act (Filed November 24, 2005) Under the authority of

section 197 of the Highway Traffic Act , I make the following regulations. Dated at St. John’s, November 23, 2005. Dianne Whalen Minister of Government Services REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.4 R&S Registration 3. S.5 Amdt. Duties and powers of regis- trar 4. S.7 R&S Carrier rating 5. S.8 R&S Out of province carriers 6. Ss. 9, 10 & 11 R&S 9. Maximum compliance indicators 10. Safety rating 11. Interventions 11.1 Interventions 11.2 Interventions

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 690 11.3 Interventions 11.4 Registrar discretion 7. S.12 Amdt. Compliance indicators 8. S.14 Amdt. Records 9. S.16 Amdt. Hearing 10. S.17 Amdt. Fleet suspension 11. Ss. 20, 21, 22, 23 & 24 Added 20. Facility audit score 21. Facility audit of vehicles 22 .Facility audit of drivers 23. Transitional 24. Offence 12. Sch. R&S 13. Commencment 1.

(1) Paragraph 2(

f) of the Carrier Safety Regulations is re- pealed and the following substituted: (f) "compliance indicator" mean s the numerical value specified in these regulations for an inspection defect, accident or conviction;

(2) Section 2 of the regulations is amended by adding imme- diately after paragraph (

s) the word "and".

(3) Paragraphs (t), (

u) and (

v) of the regulations are re- pealed and the following substituted: (t) "total compliance indicator" means the numerical total of a carrier’s accumulated inspection compliance indicators, conviction compliance indicato rs and accident compliance indicators.

Section 4 of the regulations is repealed and the following substituted: 4.

(1) A carrier or person shall not operate, allow or cause to be operated a commercial vehicle upon a highway unless the carrier re- sponsible for that vehicle (

a) has applied to be registered under these regulations and 90 days have not passed since that application was made; or (

b) is registered and has a safety rating of "satisfactory-audited", "satisfactory-unaudited" or "conditional".

(2) A carrier shall apply to the registrar to be registered as a carrier under these regulations. CNLR 1160/96 as amended Registration

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 691

(3) An application made under subsection (2) shall be in the form, and shall contain the information required by the registrar.

(4) An application for registration under subsection (2) shall be submitted to the registrar not more than 60 days after the applicant commences operation as a carrier.

(5) Where a carrier fails to submit an application in the form required by the registrar or within the time required under subsection (4), the registrar shall notify that ca rrier, in writing, that the form has not been submitted and shall extend the time by which the form is to be provided by 30 days.

(6) Notwithstanding subsection (1), a carrier to whom subsec- tions (4) and (5) apply may operate or allow the operation of a com- mercial vehicle for not more than 90 days after that carrier commences operations as a carrier provided that all other requirements of the Act and these regulations are complied with.

(7) A carrier shall not register under this Act unless that carrier is in compliance with the Act, these regulations and all other regula- tions made under the Act.

(8) The registrar may (

a) refuse to register; (

b) register; or (

c) register with conditions that he or she may establish, a carrier who applies for registration under subsection (2).

(9) The registrar shall issue a code number to a carrier registered under this section.

(10) A carrier shall not hold more than one registration, safety rating or code number.

(11) A carrier or person who does not comply with subsection (1) is guilty of an offence and is liabl e on

summary conviction to a fine of not less than $200 and not more than $1,000 for each day or part of a day in which the offence continues and each continuance for a day or a

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 692 part of a day of an offence referre d to in this subsection constitutes a separate offence.

(12) A carrier who contravenes the provisions of subsection (7) is guilty of an offence and on

summary conviction is liable to a fine of not less than $500 and not more than $2,000.

(13) In addition to the penalties provided under subsection (11), the registrar may issue a partial or fu ll fleet suspension to a carrier that does not comply with subsection (1), (3), (4) or (5). 3. Paragraph 5(1)(

c) of the regulations is repealed.

Section 7 of the regulations is repealed and the following substituted: 7.

(1) Where the registrar registers a carrier, with or without condi- tions, the registrar shall assign to that carrier (

a) a code number; (

b) a safety rating in accordance with

section 10; and (

c) compliance indicators in accordance with

section 9.

(2) The registrar may, where (

a) an error has been made, co rrect the compliance indicators of a carrier; and (

b) he or she considers it appr opriate, modify the compliance indicators of a carrier.

Section 8 of the regulations is repealed and the following substituted: 8. A carrier whose principle place of business is outside the prov- ince may, upon registration in this province, be assigned compliance indicators and a safety rating under sections 9 and 10 commensurate with those assigned by the jurisdicti on of that carrier’s principle place of business, where that jurisdiction has made assignments of carrier safety ratings under legislation that is similar to these regulations. Carrier rating Out of province carriers

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 693 6. Sections 9, 10 and 11 of th e regulations are repealed and the following substituted: 9.

(1) A carrier’s maximum availa ble total compliance indicator shall be calculated as follows (

a) for an AFS size of 31 and fewer vehicles MATCI=AFS x 20 x(1.7812-0.1579 x ln(AFS)); and (

b) for an AFS size of more than 31 vehicles, 789 where MATCI is the maximum available total compliance indicator ln is the natural logarithm, and AFS is the average fleet size.

(2) A carrier’s maximum available accumulated inspection compliance indicator shall be calculated as follows (

a) for an AFS of 31 and fewer vehicles MAICI=AFS x 40 x (exp(-0.5971-0.0067 x AFS)); and (

b) for all fleet sizes with more than 31 vehicles, 568, where MAICI is the maximum available inspection compliance indicator, exp is the exponential function, and AFS is the average fleet size.

(3) A carrier’s maximum available accumulated accident com- pliance indicator shall be calculated as follows (

a) for an AFS of 31 or fewer vehicles, MAACI=AFS x 40 x 0.249; and Maximum compli- ance indicator

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 694 (

b) for an AFS of more than 31 vehicles, 309 where MAACI is the maximum available accident compliance indicator, and AFS is the average fleet size.

(4) A carrier’s maximum av ailable accumulated conviction compliance indicator shall be calculated as follows (

a) for an AFS size of 31 or fewer vehicles, MACCI=AFS x 40 x (0.7502 - 0.1168 x ln(AFS)); and (

b) for an AFS size of more than 31 vehicles, 432, where MACCI is the maximum available conviction compliance indicator, AFS is the average fleet size, and ln is the natural logarithm.

(5) In this

section "average fleet size" and "AFS" means (

a) the total number of power units in a carrier’s fleet for the previous 24 months divided by 24, or (

b) if the total number of power units in a carrier’s fleet for the previous 24 months is not available, the total number of power units in a carrier’s fleet for the previous months for which the information is available, divided by the number equivalent to the total number of months for which the in- formation is available, as calculated monthly. 10.

(1) The registrar shall assign to a carrier a safety rating of "satis- factory-unaudited" where Safety rating

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 695 (

a) the carrier’s accumulated total compliance indicators do not exceed 70% of its maximum available total compliance indi- cator; and (

b) a facility audit of the carrier has not been conducted, and the registrar shall change that rating to "satisfactory-audited" when a facility audit has been carried out and has been passed by that carrier.

(2) The registrar may assign to a carrier a safety rating of condi- tional where (

a) the carrier’s accumulated to tal compliance indicators exceed 70% but do not exceed 100% of its maximum available total compliance indicator; (

b) the carrier does not pass a facility audit; or (

c) the carrier is reapplying to operate after being previously considered to be rated as "unsatisfactory".

(3) The registrar may assign to a carrier a safety rating of "un- satisfactory" where (

a) the carrier’s accumulated to tal compliance indicators exceed 100% of the carrier’s maximum available total compliance indicator; (

b) the carrier’s accumulated total compliance indicators are less than 70% of the carrier’s ma ximum available total compli- ance indicator and the carrier has failed to reach the required facility audit pass mark for 3 consecutive facility audits pro- vided that one of those audits was conducted after the carrier had participated in a hearing referred to in

section 16; (

c) the carrier’s accumulated total compliance indicators are more than 70% of the carrie r’s maximum available total compliance indicator and the carrier has failed to reach the required facility audit pass mark for 2 consecutive facility audits, one of which was conducted after the carrier had par- ticipated in a hearing referred to in

section 16; and

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 696 (

d) the carrier has failed to maintain on its fleet the minimum insurance requirements required under the laws of Canada and of the province.

(4) Notwithstanding subsections (1), (2) and (3), the registrar may, at any time, where he or she reas onably believes that it is necessary, assign to a carrier a safety rating of (

a) satisfactory-unaudited; (

b) satisfactory-audited; (

c) conditional; or (

d) unsatisfactory.

(5) Where the registrar has assigned a safety rating of unsatis- factory to a carrier and one or more vehicles in that carrier’s fleet are acquired, directly or indirectly, by another carrier having a partner, principal shareholder or an officer who is also a partner, principal shareholder or officer of the carrier that was assigned the unsatisfactory rating, the carrier which acquired the vehicles shall be assigned a safety rating of unsatisfactory by the registrar. 11.

(1) The registrar shall, in writing, notify a carrier when its ac- cumulated total compliance indicators (

a) exceed 15% ; (

b) exceed 50%; (

c) exceed 70%; and (

d) exceed 100% of its maximum available total compliance indicator.

(2) Where the registrar notifies a carrier of its accumulated total compliance indicators, he or she shall also notify that carrier that where the carrier’s accumulated total compliance indicators (

a) exceed 15%, a compliance review or a facility audit or both a compliance review and a facility audit may be conducted; Interventions

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 697 (

b) exceed 50%, a facility audit will be conducted; (

c) exceed 70%, a facility audit will be conducted and the car- rier is required to attend a hearing before the registrar; and (

d) exceed 100%, the carrier is required to attend a hearing be- fore the registrar. 11.1 The registrar shall notify a carrier when a carrier’s accumulated (

a) inspection compliance indica tors exceed 100% of that car- rier’s maximum available in spection compliance indicator; or (

b) conviction compliance indicat ors exceed 100% of that car- rier’s maximum available conviction compliance indicator; or (

c) accident compliance indicator s exceed 100% of that carrier’s maximum available accident compliance indicator. 11.2 The registrar shall notify a carrier when it has failed a (

a) first facility audit and that carrier’s accumulated total com- pliance indicators are less than 70% of its maximum avail- able total compliance indicator; (

b) second consecutive facility audit and that carrier’s accumu- lated total compliance indicators are less than 70% of its maximum available total compliance indicator; (

c) third consecutive facility audit and that carrier’s accumu- lated total compliance indicators are less than 70% of its maximum available total compliance indicator. 11.3 The registrar shall notify a carrier when it has failed a (

a) first facility audit and that carrier’s accumulated total com- pliance indicators are more than 70% of that carrier’s maxi- mum available total compliance indicator; and Notification Interventions where less than 70% of MATCI Interventions where more than 70% of MATCI

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 698 (

b) second consecutive facility audit and that carrier’s accumu- lated total compliance indicators are more than 70% of that carrier’s maximum available total compliance indicator. 11.4

(1) A registrar’s notification under sections 11, 11.1, 11.2, 11.3 and this

section shall be in writing.

(2) A notification referred to in (

a) section 11.1 shall include a statement that a facility audit will be conducted; (

b) paragraph 11.2(

a) shall include a statement that a second facility audit will be conducted and that until further notice, the carrier’s safety rating is conditional; (

c) paragraph 11.2(

b) shall includ e a statement that the carrier’s safety rating is conditional, the carrier must attend a hearing with the registrar and that a third facility audit may be car- ried out; (

d) paragraph 11.2(

c) shall incl ude a statement that the carrier must attend a hearing with the registrar; (

e) paragraph 11.3(

a) shall include a statement that (

i) the carrier’s safety rating is conditional, and (ii) the carrier must attend a hearing with the registrar, and (iii) another facility audit will be carried out; and (

f) paragraph 11.3(

b) shall incl ude a statement that the carrier must attend a hearing with the registrar.

(3) The registrar may, at any time, conduct (

a) a compliance review of; (

b) a facility audit of; (

c) both a compliance review and a facility audit of; and Notification, audit and hearing

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 699 (

d) a hearing with, a carrier in order to determine comp liance with the Act and these regu- lations.

(4) Where the registrar requires a hearing under these regula- tions (

a) the registrar shall notify the carrier of the time and place of the hearing; (

b) the carrier must attend the hearing; and (

c) if the carrier fails to attend the hearing, the registrar may conduct the hearing and make a determination in the absence of that carrier. 7. (1) Subsection 12(1) of the regulations is amended by adding immediately after the word "carrier", the word "conviction". (2) Subsections 12(3) and (4) of the regulations are repealed and the following substituted:

(3) The registrar shall assign to a carrier accident compliance indicators for each accident involv ing a commercial vehicle operated by the carrier where the accident involves: (

a) property damage, 2 compliance indicators; (

b) personal injury, 4 compliance indicators; and (

c) a fatality, 6 compliance indicators.

(4) The registrar shall assign 3 inspection compliance indicators for every vehicle that is placed out of service as a result of a commer- cial vehicle inspection.

(5) Compliance indicators assigne d to a carrier shall expire 2 years after the date of the (

a) conviction for conviction compliance indicators; (

b) accident for accident compliance indicators; and

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 700 (

c) commercial vehicle inspection for inspection compliance indicators. 8. Subsection 14(4) of the regul ations is repealed and the fol- lowing substituted:

(4) A carrier shall have in place (

a) a system to alert the carrier that a driver abstract required under this

section is due; (

b) a system that will alert the carrier, in advance, that a driver’s licence is due for renewal; (

c) a system which will alert th e carrier, in advance, when a vehicle is due for a commercial motor vehicle inspection; and (

d) a method of monitoring compliance with the Highway Traf- fic Hours of Service Regulations and the Highway Traffic Trip Inspection Report Regulations.

(4.1) A carrier shall (

a) have a rules and regulations document that lists the regula- tory requirements that a driver is required to know in order to operate a commercial vehicle; and (

b) require a driver to review the document referred to in para- graph (

a) and confirm, in writing, that he or she has re- viewed and understood that document. 9. Paragraph 16(5)(

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

b) vary the number of compliance indicators or a safety rating; 10. Subsection 17(1) of the regulations is amended by deleting the reference "subsection 16(7)" and substituting the references "subsections 4(13) and 16(7)". 11. The regulations are amende d by adding immediately after

section 19 the following:

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 701 20.

(1) The registrar may, at any time, conduct a facility audit which shall consist of a regulatory compliance

section as well as a scoring

section to evaluate a carrier’s overall safety rating

(2) A carrier shall obtain a comb ined score of 78% or higher on the driver and vehicle segments of the facility audit report.

(3) A carrier that does not achieve 78% on its facility audit re- port shall have its safety rating changed to conditional. 21.

(1) The scoring of the vehicle

section of a facility audit report under

section 20 for commercial vehicle safety inspections shall be 35 points for compliance and 0 points for non compliance.

(2) A carrier’s vehicle may receive points for compliance under subsection (1) only where that vehicle has (

a) not undergone a commercial vehicle safety alliance inspec- tion within the previous 12 months; or (

b) undergone a commercial vehi cle safety alliance inspection within the previous 12 months and has not been taken out of service.

(3) The scoring of the vehicle

section of a facility audit report under

section 20 for preventive maintenance shall be 30 points for compliance and 0 points for non compliance.

(4) A carrier’s vehicle may receive points for compliance under subsection (3) only where the carrier fo r that vehicle demonstrates that each vehicle selected for a facility audit has undergone an acceptable preventative maintenance

schedule over the previous 2 years.

(5) The scoring of the vehicle

section of a facility audit report under

section 20 for maintenance shall be 15 points for compliance and 0 points for non compliance.

(6) A carrier’s vehicle may receive points for compliance under subsection (5) only where the carrier fo r that vehicle demonstrates that each vehicle selected for a facility audit has had all (

a) required repairs noted on pr e-trip inspections corrected in a timely manner; and Facility audit score Facility audit of vehicles

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 702 (

b) serious defects corrected be fore the vehicle was dispatched; and (

c) records for the previous 2 years available for the facility audit.

(7) The scoring of the vehicle

section of a facility audit report under

section 20 for trip inspections shall be 10 points for compliance and 0 points for non compliance.

(8) A carrier shall receive points under subsection (7) only where it is able to demonstrate that each vehicle selected for a facility audit has undergone a daily trip inspection in accordance with the Highway Traffic Trip Inspection Regulations for each day that the ve- hicle was dispatched by the carrier.

(9) The scoring of the vehicle

section of a facility audit report under

section 20 for identification markers shall be 10 points for com- pliance and 0 points for non compliance.

(10) A carrier shall receive points under subsection (9) only where it is able to demonstrate that each vehicle selected for a facility audit (

a) was licensed every time that the vehicle was dispatched; and (

b) has had a commercial motor vehicle inspection within the previous 12 months. 22.

(1) The scoring of the driver s ection of a facility audit report under

section 20 for driver qualifications shall be 20 points for compli- ance and 0 points for non compliance.

(2) A carrier shall receive points under subsection (1) only where it is able to demonstrate that (

a) a driver selected for a fac ility audit has all the required clas- sifications and endorsements to operate the vehicle that he or she has operated for the carrier; and (

b) the driver’s licence has not expired or been suspended, can- celled or reclassified down due to an overdue medical. Facility audit of drivers

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 703

(3) The scoring of the driver

section of a facility audit report under

section 20 for log book records shall be 35 points for compliance and 0 points for non compliance.

(4) A carrier shall receive points under subsection (3) only where, in accordance with the Highway Traffic Hours of Service Regu- lation, it is able to provide accurate logbook records or, if exempt from keeping a logbook, accurate time records, for all drivers selected for the facility audit.

(5) The scoring of the driver

section of a facility audit report under

section 20 for duty cycles shall be 40 points for compliance and 0 points for non compliance.

(6) A carrier shall receive points under subsection (5) only where, in accordance with the Highway Traffic Hours of Service Regu- lations, it is able to demonstrate that all drivers selected for a facility audit have not exceeded their duty cycles or rest requirements.

(7) The scoring of the driver

section of a facility audit report under

section 20 for data items shall be 5 points for compliance and 0 points for non compliance.

(8) A carrier shall receive points under subsection (7) only where, in accordance with the Highway Traffic Hours of Service Regu- lations, it is able to demonstrate that all drivers selected for a facility audit have all items on their log books or duty records completed. 23.

(1) Compliance indicators acquire d by a carrier under the regu- lations in force before the coming into force of this

section shall no longer be considered to have accrue d to a carrier immediately after the coming into force of this section.

(2) Notwithstanding subsection (1), a carrier safety rating under subsection 11 in force immediately before the coming into force of this

section shall apply to that carrier as if that rating had been imposed under

section 10 of these regulations after the coming into force of this section.

(3) An inspection, compliance review, facility audit, hearing, long profile, short profile or other review of a carrier under these regu- lations may consider all accidents, convictions, inspection defects and Transitional

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 704 other infractions of a carrier occurring before and after the coming into force of this section. 24. A person who contravenes these regulations is guilty of an of- fence and liable on

summary conviction to a fine of not less than $200 and not more than $1000 and in default of payment of the fine, to im- prisonment for not more than 30 days. 12. The

Schedule to the regulations is repealed and the following substituted:

Schedule Criminal Code Provision Compliance Indicators Description of Offences 220 5 Criminal negligence causing death 221 5 Criminal negligence causing bod- ily harm 236 5 Manslaughter committed in a vehicle 249(01)(A) 5 Dangerous operation of a motor vehicle 249.1(1) 5 Failure to stop while pursued by officer 249.1(3) 5 Failure to stop while pursued by officer causing bodily harm or death 249(03) 5 Dangerous operation causing bodily harm 249(04) 5 Dangerous operation causing death 252(01) 5 Failing to stop at scene of acci- dent 252(02) 5 Failing to stop at scene of acci- dent and offering assistance or give name Offence

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 705 253(a) 5 Impaired by alcohol or drugs 253(b) 5 Care and control of vehicle with more than 80 milligrams of alco- hol in 100 millilitres of blood 254(05) 5 Refusing to provide blood or breath sample 255(02) 5 Impaired driving causing bodily harm 255(03) 5 Impaired driving causing death 259(04) 5 Driving while disqualified 334 5 Theft of a motor vehicle 335(1) 5 Taking a motor vehicle without the consent of the owner Highway Traffic Act Provision Compli- ance Indi- cators Description of Offences 13(1) 3 Non resident failure to register commercial motor vehicle 21 1 Operating service vehicle with dealer’s plates attached 22 1 Using or hiring dealer’s vehicle without registration 27 1 Using vehicle without dealer’s plates attached 28(2) 1 Failure to return an identification plate 29 1 Failure to produce vehicle li- cence 30 1 Identification plates not securely fastened in proper position 31 1 Failure to keep identification

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 706 plates clean 37 1 Failure to notify registrar of transfer of ownership 38 1 Failure to file change of address with registrar 39 1 Failure to notify registrar of change of name 42(a)(i)(A) 3 Operate unregistered/unlicensed vehicle not exceeding 4500kgs. 42(a)(i)(B) 3 Operate unregistered/unlicensed vehicle 4500 to 10900 kgs. 42(a)(i)(C) 3 Operate unregistered/unlicensed vehicle exceeding 10900 kgs. 42(a)(ii)(A) 3 Operate unregistered trailer not exceeding 4500 kgs. 42(a)(ii)(B) 3 Operate unregistered trailer 4500 to 10900 kgs. 42(a)(ii)(C) 3 Operate unregistered trailer ex- ceeding 10900 kgs. 42(a)(iii) 2 Operate vehicle without valid identification plates or stickers 42(b) 2 Defacing or altering identifica- tion plate or marker 42(c) 2 Using vehicle with defaced, mu- tilated or altered identification plate or marker 42(d) 2 Removing identification plate or marker without authority 42(e) 2 Using false identification plate or marker 42(f) 2 Using marker or number plate capable of being confused with identification plate or marker

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 707 42(g) 3 Failure to surrender identifica- tion plates 42(h) 2 Giving false name or address in application for registration of a vehicle 42(j) 3 Using or permitting the use of fictitious identification plates 43(3) 3 Invalid or no driver’s licence 49(2) 3 Licensee failing to produce li- cence upon request 50(1) 3 Failure to return licence to regis- trar upon request 50(2) 3 Failure to return or deliver li- cence 51 3 Driving other than class of vehi- cles specified in licence 52 3 Using licence issued to another person 53(1) 3 Unlawful operation under li- cence issued elsewhere 54 3 Allowing unlicensed driver to drive 55(2) 2 Having person in addition to learner and instructor in vehicle 56(1) 2 Renting vehicle to person not licensed to drive 56(4) 2 Failure to keep record regarding vehicles rented 57 1 Failure to notify registrar of lost driver’s licence, etc. 59(1)(a) 3 Defacing or altering driver’s licence

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 708 59(1)(b) 3 Lending driver’s licence 59(1)(c) 3 Person misrepresenting driver’s licence as his or her own 59(1)(d) 3 Failure to surrender suspended or cancelled driver’s licence 59(1)(e) 2 Giving false name or address in application for driver’s licence 73(1) 2 Applying for driver’s licence while disqualified 73(2) 3 Driving while disqualified 75(5(a) 3 Obtaining the registration of a motor vehicle when that motor vehicle is not insured by a policy 75(5)(b) 3 Operating or permitting the op- eration of a motor vehicle with- out a policy 75(5)(c) 1 Failure to produce proof that a policy is in force 80(a)(i) 3 Producing financial responsibil- ity card where policy of insur- ance not in force 95(1) 3 Failure to drive to the right 95(2) 3 Failure to give one half the roadway 96(1) 3 Improper passing 96(2) 3 Failure to give way to passing vehicle 97(1) 3 Passing on the right of another vehicle 97(2) 3 Passing on the right when unsafe to do so 98 3 Passing where width or weight

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 709 of vehicles makes it difficult 99(1) 3 Passing on left when unsafe to do so 99(2) 3 Overtaking and passing near crest of grade, curve, bridge or intersection 99(3) 3 Overtaking and passing when driver cannot see far enough ahead 100(1) 3 Driving to left of centre line of roadway 100(2) 1 Vehicle proceeding at less than normal speed not driving in right hand lane 100(3) 3 Failure to drive to right of rotary traffic island 101(b) 3 Crossing solid line 101(e) 2 Failing to signal driving from one lane to another 101(f) 2 Making improper left turn at intersection or into private road or driveway 101(g) 2 Making improper right turn at intersection 101(h) 2 Driving in centre lane of 3 lane roadway 101(i) 3 Improper passing on roadway with 2 or more lanes available to traffic heading in same direction 101(j) 2 Driving in wrong lane contrary to direction of traffic control device 101(k) 3 Failure to allow overtaking vehi-

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 710 cle to pass 102 3 Passing in no passing zone or failing to drive to right of zone 103(1) 3 Following vehicle too closely 103(2) 3 Failing to leave proper distance between vehicles 103(3) 3 Failing to leave sufficient space between vehicles in caravan or motorcade 104 2 Driving over intervening space dividing highway into 2 road- ways 105(1) 1 Failure to enter controlled access highway at proper location 105(2) 1 Failure to leave controlled ac- cess highway at proper location 106(1) 3 Failure to obey traffic control signal or device 106(2) 3 Failure to yield right of way while turning to other traffic in intersection when green or "go" signal shown 106(4) 3 Failure to yield right of way to pedestrian in roadway or cross- walk 106(6) 3 Entering intersection on yellow or amber light 106(8) 3 Passing yellow or amber light at place other than intersection 106(10) 3 Passing red light or stop" signal at intersection 106(12) 3 Passing red light or stop" signal at place other than intersection

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 711 106(14)(a) 3 Failing to obey green arrow at intersection 106(14)(b) 3 Entering intersection when green arrow shown and failing to yield right of way 106(16)(a) 3 Fail to stop when flashing red light on at intersection 106(16)(b) 3 Failure to yield right-of-way at intersection when flashing red light on 106(18)(b) 3 Failure to yield right-of-way to traffic in intersection when yel- low or amber traffic light on 106(22) 3 Entering intersection against flag signal or other device 106(24) 3 Failure to stop at stop sign 106(25) 3 Failure to obey signs reading "Turn Right" or "Right Turn Only" 106(26) 3 Failure to obey signs reading "Turn Left" or "Left Turn Only" 106(30) 3 Bus picking up or letting down passengers at place other than "Bus Stop" 106(38) 3 Failure to obey "No Entry" sign 106(40) 3 Failure to obey signs reading "No Left Turn", "No Right Turn", "No Turns" or "No Right Turn on Yellow or Amber or Red Light" 106(42) 2 Proceeding wrong way on one- way highway 106(44) 2 Failure to observe half load limit

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 712 106(50) 3 Failure to obey sign restricting use of highway to certain classes of vehicles 106(52) 3 Failure to obey sign restricting use of highway to vehicles of certain maximum gross mass 110(1)(a) 2 Driving imprudently 110(1)(b) 3 Driving without due care and attention 110(1)(c) 3 Driving without reasonable con- sideration for other persons 110(1)(d) 3 Driving while suffering from disease or disability 110(3)(a) 1 Exceeding the speed limit by between 1 and 10 kilometres an hour 110(3)(b) 1 Exceeding the speed limit by between 11 and 20 kilometres per hour 110(3)(c) 2 Exceeding the speed limit by between 21 and 30 kilometres per hour 110(3)(d) 3 Exceeding the speed limit by 31 kilometres and over 111(1) 1 Slow driving 111(3) 2 Failing to obey order to increase speed, pull in to curb or remove vehicle from highway 112 2 Failing to signal change of direc- tion, etc. 113(1) 2 Moving a vehicle when unsafe to do so or without signalling 113(2) 2 Failure to give sufficient signal

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 713 113(3) 2 Entering traffic with improper movement or signal 114(3)(a) 2 Right-hand drive vehicle not equipped with a mechanical or electrical device 114(3)(b) 2 Failure to display notice of "Right-Hand Drive Vehicle" 115(1) 2 Making improper right turn at intersection 115(2) 2 Making improper left turn at intersection 115(3) 2 Changing lanes while turning 115(4) 2 Making improper left turn at intersection from one-way roadway 115(5) 2 Making improper left turn at intersection into one-way road- way 115(6) 2 Making improper left turn at intersection from one-way roadway into another one-way roadway 115(7) 3 Failure to obey traffic-control device at intersection indicating course to be travelled 116 2 Turning on highway to proceed in opposite direction 117(1) 2 Improper turning at intersection 117(2) 2 Turning or changing course when unsafe to do so 117(3) 2 Improper signal of intention to turn 117(4) 2 Stopping or decreasing speed

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 714 without signalling 118 2 Failing to yield right-of-way at intersection 119 2 Failing to yield right-of-way at intersection while making left turn 120 2 Failing to yield right-of-way when entering highway 121 3 Failing to yield right-of-way to emergency vehicle 123(6) 2 Unlawfully showing flashing red light 125(1) 2 Failing to yield right-of-way to pedestrian in crosswalk 125(3) 3 Overtaking and passing vehicle stopped at crosswalk 127(a) 3 Failing to exercise due care to avoid colliding with pedestrian 127(b) 3 Failing to give warning by sounding horn 127(c) 3 Failing to observe precaution where child or incapacitated person on highway 131 3 Driving through a safety zone 132(1) 3 Failing to stop at railway cross- ing 132(2) 3 Driving vehicle through barrier, etc. at railway crossing 133 3 Failing to stop at stop sign at railway crossing 134(1)(b) 3 School bus carrying a child fail- ing to stop at railway crossing

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 715 134(1)(c) 3 Vehicle carrying explosive sub- stance, etc. failing to stop at railway crossing 135 3 Failing to approach railway track with caution 136 3 Failing to observe yield sign at intersection 137(1) 3 Passing school bus 137(2)(a) 2 Stopping school bus in improper place 137(3) 2 Failing to have school bus prop- erly marked 137(4) 3 School bus not equipped with visual signals or not activated 137(5) 1 Operating school bus with mark- ings not concealed 138(1) 2 Failing to yield right-of-way to vehicle drawn by animal 140(1) 1 Parking on roadway 140(2) 1 Parking so as to obstruct traffic 144(d) 1 Parking too close to fire hydrant 144(k) 1 Parking too near fire station 144(l) 1 Parking too near street excava- tion or obstruction and obstruct- ing traffic 144(m) 1 Parking on the roadway side of a stopped or parked vehicle 144(n) 2 Parking on a bridge or in a highway tunnel 144(o) 3 Failure to observe traffic-control device prohibiting parking or stopping

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 716 146 3 Parking so as to cause danger to persons using highway 147 3 Parking on highway where vehi- cle not visible to approaching traffic 149(2) 2 Failing or refusing to remove vehicle from highway 149(12) 1 Failing or refusing to surrender vehicle licence 150 1 Parking unattended vehicle on a highway without stopping en- gine and locking ignition etc. 151 2 Backing vehicle when unsafe to do so 155(a) 1 Driving motor vehicle with un- authorized non-transparent mate- rials on window 155(b) 1 Driving motor vehicle with or- naments which obstruct vision 155(c) 1 Driving motor vehicle with snow or other precipitation which ob- structs vision 155(d) 1 Driving motor vehicle with bro- ken or damaged windows or mirrors 156(1) 1 Driving vehicle with vision ob- scured or control obstructed by passengers in front seat 156(2) 1 Passenger occupying position in vehicle interfering with driver's vision and control 156(3) 1 Driver permitting passenger to occupy position interfering with vision and control

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 717 157 3 Driving vehicle with load pro- jecting out of the vehicle without a permit 159 2 Coasting down grade in neutral or with clutch disengaged 160(1) 3 Following emergency vehicle too closely or parking too close to fire apparatus 161 3 Failing to obey person with flag or sign 162 3 Failing to obey directions of a traffic officer 163(1) 1 Littering on a highway 163(2) 1 Failing to remove glass from a highway 163(3) 1 Depositing or throwing snow or ice upon a highway 164 2 Driving on sidewalk 166(1) 2 Failure to carry warning devices in vehicle 166(2) 3 Failure to place warning devices on highway in case of emer- gency breakdown 167 1 Driving vehicle without chains or winter tires 168 3 Racing vehicles or bicycles on a highway 169(1)(a) 3 Failing to st op at accident scene 169(1)(b) 3 Failing to give name and address 169(1)(c) 2 Failure to provide proof of in- surance at scene of accident 169(1)(d) 3 Failing to render assistance to

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 718 injured person 169(2) & (3) 3 Failure to notify owner, driver or peace officer after collision with unattended vehicle 169(4) 3 Failure to notify owner where other property damaged 170(1) 3 Driver of vehicle failing to make report 170(2) 3 Occupant of vehicle failing to make report 170(3) 3 Owner of vehicle failing to make report 170(4) 3 Person being owner and driver failing to make report when ca- pable 174(2) 3 Making false statement in report 175(5)(a) 3 Failing to stop at weigh scales 175(5)(b) 3 Failing to drive to nearest scales when ordered to do so 175(5)(c) 3 Refusing to have vehicle weighed 175(5)(d) 3 Refusing to remove excess weight 176(1) 3 Care and control of motor vehi- cle equipped with radar detector 176(4) 3 Unlawful sale of radar detectors 176.1 3 Operating motor vehicle while using hand held cellular phone 177 3 Knowingly causing another to drive unlawfully 178(2) 2 Driving motor vehicle with seat belt removed or inoperative

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 719 178(3) 2 Driver not wearing seat belts 178(4) 2 Passenger not wearing seat belt 178(6) 2 Operating a vehicle with an un- derage passenger unbelted 178(8) 2 Driver operating vehicle with child not in car seat 187(5) 1 Operating a vehicle which does not comply with regulations 196(2) 3 Failure to comply with vehicle inspection requirements 205(1) 1 Driver refusing to give name or address or giving false name or address 205(2)(a) 1 Owner of vehicle failing to iden- tify driver Bus Regulations Provision Compliance Indicators Description of Offences 4 3 School bus not properly equipped with flashing red lights or signs 5 3 School bus not yellow or bus other than school bus painted yellow 6 3 Bus not properly equipped with safety accessories 7 1 Bus not clean or ventilated 8 2 Driver of bus collecting fares, allow passengers embark or dis- embark, while bus in motion 9(1) 3 Bus carrying person or

article obstructing driver

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 720 9(2) 3 Interior of bus not free of projec- tions 10(1) 3 Entrance or exit of bus not free of obstructions 10(2) 2 Operating bus while passenger is not seated 11(4) 3 Bus carrying passengers in excess of limit 11(5) 2 Bus not equipped with hand holds 11(6) 3 School bus carrying passengers not permitted 13 3 Entrance of bus improper con- struction 14(2) 1 Defective exhaust 14(3) 1 Floor of bus allowing exhaust fumes to enter bus 15 2 Gas tank intake of improper con- struction or not located on exte- rior of bus 16 3 Fuelling bus in closed building 18(2) 3 Driver of bus following too closely Licensing and Equipment Regulations Provision Compliance Indicators Description of Offences 7(1) 2 Driving without headlights on when required 7(2) 3 Driving with fog lamps illumi- nated when not required 7(3) 3 Fog lamps improperly mounted

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 721 7(4) 3 Fog lamps improperly aimed 7(5) 3 Parking on highway with lamps illuminated 7(6) 3 Vehicle not equipped with re- quired head lamps 7(10)(a) 3 Headlamp emitting any but white light 7(10)(b) 3 Operating vehicle with headlamp equipped with cover or shield 7(10)(c) 3 Vehicle equipped with headlamp other than that specified 8(1) 3 Vehicle not equipped with high beam and low beam or not able to select beam 8(2) 3 Driver failing to dim head lamps 10(1) or (2) 3 Vehicle not equipped with tail lamp(s) 10(3) 3 Tail lamp improperly positioned on vehicle 10(4) 3 Licence plate not properly illumi- nated 10(5) 2 Fail to place red flag or lamp on projecting load 11(1) (b) 3 Vehicle not equipped with two stop lamps 11(3)(b) 3 Brake light emitting other than red light 12(1) 3 Vehicle not equipped with suffi- cient turn signals 12(3) 3 Turn signal system improper con- struction 13(1) 3 Vehicle not equipped with suffi-

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 722 cient clearance lamps 13(2) 3 Clearance lamps not visible or not properly located 14(1) 3 Motor vehicle not equipped with identification lamps 14(2) 3 Identification lamps not properly located 14(3) 3 Trailer not equipped with rear identification lamps 14(6) 3 Identification lamps not visible 15(1) 3 Vehicle not equipped with side reflex reflectors 15(2) 2 Vehicle not equipped with suffi- cient red rear reflex reflectors 15(3) 2 Reflex reflectors not visible or not properly located 16(1) or (2) 3 Vehicle not equipped with side marker lamps 17(1) 3 Vehicle not equipped with hazard warning lamps 17(3) 3 Trailer not equipped with hazard warning lamps 18(1) 3 Vehicle equipped with improper backup lamps 18(2) 3 Backup lamp illuminated while vehicle in forward motion 19 3 Vehicle equipped with improper parking lamps 20(1) 3 Operation of vehicle between dusk and dawn not equipped with sufficient park lamps 21(1) 3 Motor vehicle equipped with

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 723 forward facing red lamp or rear facing white lamp 21(2) 3 Motor vehicle equipped with flashing or revolving coloured lamp 24(1) or (3) 3 Motor vehicle improperly equipped with spot lamps 24(2) 3 Spot lamps not aimed or operated properly 25(1)(a) 3 Inadequate service brake 25(1)(b) 3 Inadequate emergency or parking brake 25(3) 3 Refusing to allow inspector to inspect brakes or refusing to op- erate vehicle for test of brakes 25(7) 3 Brakes not properly maintained or adjusted 25(8) 3 Axle configuration not equipped with brakes on all wheels of con- figuration 25(9) 3 Brake hose or tubing defective or improperly installed 25(10) 3 Brake linings worn, or not prop- erly installed or maintained 26(2)(a) 3 Operate vehicle with tires of dif- ferent construction types 26(2)(b) 3 Operate vehicle having a gross mass in excess of 4,500 kilo- grams with tires of different con- struction type on the same axle 26(4) 3 Operate motor vehicle with de- fective tire 26(5) 1 Operate motor vehicle with de-

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 724 fective wheel or rim 27 3 Operate vehicle in snow or ice conditions without proper tires or chains 28(1) 3 Operate motor vehicle with stud- ded tires between May 1 and Oc- tober 31 29(1) 1 Not equipped with exhaust sys- tem or system emitting excessive noise 29(2) 1 Defective muffler 30 1 Vehicle not equipped with horn 31 1 Excessive smoke emitted from vehicle 32(1) 1 Vehicle not equipped with a windshield wiper or washer 32(2) 1 Vehicle not equipped with a windshield defogging system 32(4) 1 Inadequate or no rear view mirror 32(5) 1 No side rear view mirror when required 32(6) 1 Towing vehicle not equipped with 2 side rear view mirrors 32(7) 1 Inadequate mud guards 33 1 Windshield not of proper material 34(1)(b) 1 Vehicle equipped with television visible to driver 36 1 Front opening type hood not equipped with primary and sec- ondary latch mechanism 37 1 Vehicle door not equipped with latch having full and secondary

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 725 latched positions 38 1 Vehicle equipped with tinted windshield or tinted driver seat side windows 39 2 Operate vehicle towing trailer with defective, inadequate or im- proper connecting devices 41(1) 1 Vehicle not equipped with speed- ometer 41(2) 1 Driver's view of speedometer obstructed 41(3) 1 Vehicle odometer not functioning 43 1 Required equipment not main- tained in good working order 45 2 Slow moving vehicle failing to display warning device 46 3 Head lamps do not conform with Motor Vehicle Safety Act (Can- ada) 47 3 Vehicle equipped with in-cab control for varying mass distribu- tion on one or more axle Highway Traffic Driver Regulations Provision Compliance Indicators Description of Offences 21 3 Operating air brake equipped vehicle without proper endorse- ment 26 3 Operating a vehicle as a learner in a higher class without endorse- ment

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 726 Official Inspec- tion Station Regulations Provision Compliance Indicators Description of Offences 8.1(1) 3 Operation of a "salvage vehicle" which has not been declared as a "rebuilt vehicle" 8.1(2) 3 Operation of a vehicle declared as a non repairable vehicle 10(1) 3 Failure to obtain a vehicle inspec- tion certificate where required 10(4) 3 Operate vehicle without valid inspection certificate 10(9) 1 Owner of bus failing to submit inspection certificate to registrar 11(3) 3 Bus failing to display inspection sticker 19(4) 3 Issuing or using a false inspection sticker 19(5) 3 Displaying false inspection sticker 19(6) 3 Displaying false vehicle inspec- tion certificate 19(7) 3 Defacing or altering inspection sticker 19(8) 3 Using defaced or altered inspec- tion sticker 19(10) 3 Operating a vehicle which has failed an inspection Vehicles Regulations Compliance Description of Offences

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 727 Provision Indicators 3(1)(a) 3 Operate vehicle or combination of vehicles with mixture of tire size or capacity on any axle 3(1)(b) 3 Operate vehicle or combination of vehicles with any axle not equipped with brakes 3(2)(a) 1 Exceeding registered mass on registration permit 3(2)(b) 1 Exceeding registered steering axle weight 3(2)(d) 1 Operating vehicle exceeding permitted axle weight 3(2)(e) 1 Adjacent axle load variance greater than 1000 kgs. 6(6) 1 Failure to carry or produce spe- cial permit 6(8) 1 Failure to display exceeding pre- scribed dimensions by signs 6(12) 3 Exceeding mass authorized by special permit on the gross weight of the axle weight or gross vehicle weight authorized by spe- cial permit 6(13) 3 Operating a vehicle or combina- tion of vehicles that exceeds the axle weight or gross vehicle eight authorized by a special permit 9(a) 1 Operating a vehicle or combina- tion of vehicles not specified in

Schedule or combination of vehi- cles in Schedules A and B 9(h) 1 Exceeding length on train combi- nation

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 728 9(i) 3 Operating a vehicle with width greater than 2.6 metres 9(j) 3 Operating a vehicle with height greater than 4.15 metres 9(k) 2 Operating a trailer with a width greater than 2.05 metres without required conspicuity system 13(1) 3 Operating an overmass or over- size vehicle without special per- mit Cargo Se- curement Regulations Compliance Indicators Description of Offences Violation of any provision 3 Motor Carrier Act Provision Compliance Indicators Description of Offences 4(1)(a) 3 Operating a public service vehicle without a certificate 4(2) 3 Making use of a public service vehicle where the operator does not have a certificate 12(1) 3 Selling, assigning, leasing or transferring a certificate 15(2) 2 Failing to designate and maintain a person as an agent 15(3) 2 Failing to notify the board and the registrar of change of name or address 19 3 Operating a public service vehicle

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 729 under an expired, cancelled or suspended certificate 21(1) 2 Operating a public service vehicle contrary to the terms and condi- tions of a certificate 22 2 Operating a public service pas- senger vehicle at rates in excess of the rates approved or set by the board 23(1) 2 Suspending, abandoning or dis- continuing public passenger ser- vice without approval of the board 23(6) 1 Failure to remove distinctive plates, stickers or signs from ve- hicle 24(1) 1 Failure to inform of regulations or to post a copy in workplace 25 2 Refusing to carry passenger(

s) in a public service passenger vehicle 30 3 Failing to furnish safe and ade- quate service or facilities 31 2 Failing to furnish information to the registrar or the board Motor Carrier Regulations Provision Compliance Indicators Description of Offences 32(b) 2 Failing to furnish service throughout the whole area author- ized 33(1) 2 Operator of a regular public pas- senger service failing to provide service in accordance with time

schedule fixed

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 730 33(2) 2 Operator of a regular public pas- senger service failing to provide equipment and facilities equal to requirements 34 2 Operator of an irregular public passenger service failing to trans- port passengers, baggage and parcel express to the extent of available equipment 35 2 Operating type of vehicle other than that described in certificate 36(1) 1 Failure to affix the name of cer- tificate holder and certificate number to both sides of vehicle 37(2) 2 Operating a public service vehicle without a copy of certificate and proof of insurance Hours of Ser- vice Regula- tions Provi- sions Compliance Indicators Description of Offences 5 3 Drive without 8 consecutive hours off-duty 8(1)(a) 3 Commercial vehicle driver driv- ing more than 13 hours following at least 8 consecutive hours off duty 8(1)(b) 3 Commercial vehicle driver driv- ing after being on duty 15 hours following at least 8 consecutive hours off duty 8(1)(c) 3 Commercial vehicle driver driv- ing after completing 60 hours on duty during a period of 7 con-

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 731 secutive days 8(1)(d) 3 Commercial vehicle driver driv- ing after completing 70 hours on duty during a period of 8 con- secutive days 8(1)(e) 3 Commercial vehicle driver driv- ing after completing 120 hours on duty during a period of 14 con- secutive days 8(2) 3 Commercial vehicle driver failing to have a minimum of 24 con- secutive hours of off-duty time before completing 75 hours on duty 15(2) 2 Commercial vehicle driver failing to properly complete a daily log 15(5) 3 Commercial vehicle driver failing to retain and produce required receipts/documents 15(7) 2 Commercial vehicle driver failing to maintain a log in a timely fash- ion 17(1)(a) 2 Failing to maintain copies of log as required 17(1)(b) 2 Failing to have log current to last change in duty status 17(2) 2 Commercial vehicle driver failing to produce daily log upon request 19(1) 3 Commercial vehicle driver mak- ing more than one log for a cal- endar day or falsifying daily log 20 3 Commercial vehicle driver failing to forward copy of daily log to each carrier for whom the driver worked that day

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 732 21 3 Commercial vehicle driver failing to forward within 30 days the original of each daily log for that week to the home terminal or to the principal place of business of each carrier by whom the driver was employed 22(1) 3 Carrier failing to retain daily logs and have readily available for inspection by an inspector for a period of 6 months 22(2) 3 Carrier failing to retain daily logs at the location where the carrier keeps the commercial vehicle driver records or at a location approved by an authorized person 23(2) 3 Carrier failing to have records or documents available for inspec- tion by director or an inspector at all times during business hours 23(3) 3 Carrier or person in possession of records or documents failing to provide reasonable assistance or furnish documents to director or an inspector Trip Inspec- tion Report Regulations Provision Compliance Indicators Description of Offence 3(1) 2 Driver of commercial vehicle failing to inspect or cause to be inspected a commercial vehicle which he or she drives before its first trip of the day 4 2 Driver of commercial vehicle or person inspecting commercial

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 733 vehicle failing to perform com- plete inspection 5 3 Driver of commercial vehicle or person inspecting commercial vehicle failing to note safety re- lated defects found during inspec- tion 6 1 Commercial vehicle driver failing to report any defects observed while in charge of the vehicle 7(1) 1 Person completing inspection report failing to provide informa- tion required by the regulations 7(2) 1 Commercial vehicle driver or designated person failing to sign inspection report upon comple- tion 8(1) 3 Carrier or agent failing to repair defect likely to affect safe opera- tion of vehicle prior to vehicle use 8(4)(a)&(b) 2 Carrier failing to retain for speci- fied period original copy of each vehicle inspection report or copy bearing certification of repairs 8(5) 1 Commercial vehicle driver failing to carry reports in vehicle 12 1 Commercial vehicle driver failing to produce required vehicle in- spection reports Dangerous Goods Ticket Offences Regu- lations Provi- sion Compliance Indicator Description of Offence

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 734 1.7(c) 3 Handle, offer for transport or transport dangerous goods with- out proper safety marks 1.7(c) 3 Handle, offer for transport or transport dangerous goods not complying with safety standards 3.2 3 Handle, offer for transport or transport dangerous good im- properly documented as pre- scribed under carrier responsibil- ity 5.4 3 Failure to securely stow danger- ous goods for transport 6.1(1)(a) 3 Handle, offer for transport or transport dangerous goods while untrained 4.5(1) 3 Failure to ensure proper safety marks remain displayed 6.8 3 Failure to produce a training cer- tificate upon request of an inspec- tor Commercial Vehicle Main- tenance Stan- dards Regula- tions Compliance Indicator Description of Offence 47(1) 2 Operate or cause to be operated commercial vehicle not in com- pliance with regulations 47(2) 2 Operate or cause to be operated commercial vehicle not subject to systematic inspection, repair and maintenance program 47(3) 3 Carrier failing to maintain re-

Carrier Safety Regulations (Amendment) 106/05 The Newfoundland and Labrador Gazette November 25, 2005 735 cords, destroy records or falsify- ing records required by regula- tions 47(4) 3 Obstructing or hindering inspec- tor in the performance of his or her duties in relation to regula- tions Carrier Safety Regulations Compliance Indicator Description of Offence All provisions 3 A violation of any provision of the Carrier Safety Regulations 13. These regulations come into force on December 19, 2005. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette November 25, 2005 737 NEWFOUNDLAND AND LABRADOR REGULATION 107/05 Income and Employment Support Regulations (Amendment) under the Income and Employment Support Act (O.C. 2005-256) (Filed November 24, 2005) Under the authority of

section 52 of the Income and Employment Support Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, November 23, 2005. Sandra Barnes Deputy Clerk of the Executive Council REGULATIONS Analysis 1. S.19 Amdt. Other income support 2. Commencement 1. Paragraphs 19(1)(

a) and (

b) of the Income and Employment Support Regulations are repealed and the following substituted: NLR 144/04 as amended

Income and Employment Support Regulations (Amendment) 107/05 The Newfoundland and Labrador Gazette November 25, 2005 738 (

a) a fuel supplement for an applicant or recipient maintaining a residence in Labrador, up to a maximum of $90, where the cost of heat is not included in the amount of rent; (

b) a fuel supplement for an applicant or recipient maintaining a residence on the island portion of the province, up to a maximum of $50, where the cost of heat is not included in the amount of rent; 2. These regulations come in to force on December 1, 2005. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette November 25, 2005 739 NEWFOUNDLAND AND LABRADOR REGULATION 108/05 Proclamation bringing

section 5 of the Act into force (SNL2000 c24 s5) (Jan 1/06) under the Tobacco Control (Amendment) Act (O.C. 2005-601) (Filed November 24, 2005) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. EDWARD ROBERTS THOMAS W. MARSHALL, QC Lieutenant Governor Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 5 of “

An Act to Amend the Tobacco Control Act” SNL2000 c24, (the “Act”) it is provided that this

section shall come into force on a day to be fixed by Proclama tion of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient th at this

section shall come into force on the date set out below. NOW KNOW YE THAT WE, by and with the advise of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proc- lamation declare and direct that

section 5 of “

An Act to Amend the Tobacco Control Act, SNL2000 c24, shall come into force on January 1, 2006. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have cause d these Our Letters to be made Patent and the Great Seal of Newfoundl and and Labrador to be hereunto af- fixed.

The Newfoundland and Labrador Gazette November 25, 2005 740 WITNESS: Our trusty and well-beloved the Honourable Edward Roberts, one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 22nd day of November, in the year of Our Lord two thousand and five and in the fifty- fourth year of Our Reign. BY COMMAND, JACK BYRNE Registrar General

The Newfoundland and Labrador Gazette November 25, 2005 741 NEWFOUNDLAND AND LABRADOR REGULATION 109/05 Proclamation bringing the Act into force (SNL2004 cL-3.1) (Dec 1/05) under the Labrador Inuit Land Claims Agreement Act (O.C. 2005-624) (Filed November 24, 2005) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. EDWARD ROBERTS THOMAS W. MARSHALL, QC Lieutenant Governor Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 70 of “

An Act to Ratify and Give the Force of Law to the Labrador Inuit Land Claims Agreement,” SNL2004 cL-3.1, (the “Act”) it is provided that this Act shall come into force on a date to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that this Act shall come into force on the date set out below. NOW KNOW YE THAT WE, by and with the advise of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proc- lamation declare and direct that “An Act to Ratify and Give the Force of Law to the Labrador Inuit Land Claims Agreement,” SNL2004 cL-3.1, shall come into force on December 1, 2005. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

IN TESTIMONY WHEREOF WE have cause d these Our Letters to be made Patent and the Great Seal of Newfoundl and and Labrador to be hereunto af- fixed.

The Newfoundland and Labrador Gazette November 25, 2005 742 WITNESS: Our trusty and well-beloved the Honourable Edward Roberts, one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 23rd day of November, in the year of Our Lord two thousand and five and in the fifty- fourth year of Our Reign. BY COMMAND, JACK BYRNE Registrar General

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 25, 2005 743 Index

PART I Change of Name Act – Applications ........................................................................................... .............................................. 682 Mineral Act – Notice ........................................................................................................ ......................................................... 681 Trustee Act – Notice .......................................................................................................... .......................................................... 682

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. Highway Traffic Act Carrier Safety Regulations NLR 106/ 05 CNLR1160/96 Nov. 25/05 p.689 (Amdt) S.2 Amdt. S.4 R & S. S.5 Amdt. Ss. 7, 8, 9, 10 & 11 R & S. Ss. 11.1 to 11.4 Added Ss. 12, 14, 16 & 17 Amdt. Ss. 21 to 24 Added Sch. R & S. Income and Employment Support Act Income and Employment Support NLR 107/ 05 NLR 144/04 Nov. 25/05 p.737 Regulations (Amdt) S.19 Amdt.

Labrador Inuit Land Claims Agreement Act Proclamation bringing the Act NLR 109/ 05 New Nov. 25/05 p.741 into force (SNL2004 cL-3.1) (Dec 1/05) Small Claims Act Small Claims Rules NLR 105/05 NL R 52/97 Nov. 25/05 p.687 (Amdt) Rules 3 & 6 Amdt. Tobacco Control (Amendment) Act Proclamation bringing

section 5 NLR 108/05 New Nov. 25/05 p.739 of the Act into force (SNL2000 c24 s5) (Jan 1/06)

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 25, 2005 744 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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

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