Newfoundland and Labrador Gazette, Part I — 29 January 2010, Vol. 85, No. 4 — Government Notices and Official Publications

NLG 2010-01-29

Newfoundland and Labrador — Gazette

27 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 85 ST. JOHN’S, FRIDAY, JANUARY 29, 2010 No. 4 CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR ACT CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD CALL FOR BIDS No. NL09-01 The Canada-Newfoundland and Labrador Offshore Petroleum Boar d hereby gives notice of the term and conditions of the interests issued as a result of Call for Bids No. NL09-01.

The bid selected, and the information contained on the prescribed b id forms, were published in The Newfoundland and Labrador Gazette, on November 27, 2009. This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C., 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , RSNL., 1990, cC-2. Exploration Licence No. 1117 was issued to the following interest owner: Exploration Licence Interest Owner Ownership % 1117 Husky Oil Operations Limited Suncor Energy Inc. 72.50% 27.50% The following is a

summary of the terms and conditions of the exploration licence specified herein: 1. The exploration licence confers: (

a) the right to explore for, and the exclusive right to drill and test for, petroleum;

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 29, 2010 28 (

b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and (

c) the exclusive right, subject to compliance with the other provisions of the Act, to obtain a production licence. 2. The exploration licence was issued for a nine-year term effective January 15, 2010. 3. Period I is a period of five (5) years commencing on the effective date of the licence specified herein. The interest owner shall commence the drilling of the well within Period I, and diligently pursue such drilling thereafter, as a condition precedent to obtaining tenure during Period II. 4.

The interest owner may at its option extend Period I from five (5) years to six (6) years by posting a Drilling Deposit with the Board before the end of the fifth year of Period. If a Drilling Deposit is posted, it will be refunded in full if the Licence is validated for Period II by the drilling of a well. If a validation well is not drilled, the Drilling Deposit will be forfeited to the Receiver General for Canada upon the termination of the Licence. Allowable Expenditures cannot be applied against the Drilling Deposit. 5.

Upon the expiration of Period II, there shall be a deemed surrender of the interest except as it relates to the lands or any portion thereof subject to a significant discovery licence, or a production licence. 6. The interest owner for the exploration licence specified herein was required to provide the following security deposit in the form of a promissory note satisfactory to the Board: Exploration Licence Security Deposit 1117 $9,200,000 A credit against the deposit will be made following each anniversary date of the exploration licence on the basis of 25% of allowable expenditures.

Any deposit balance remaining at the end of Period I, or following the termination of a well commenced and being pursued diligently but not terminated within Period I, or upon the surrender of rights, will be forfeited. 7. Rentals will be applicable only in Period II at a rate of $5.00 per hectare in respect of the first year and increasing thereafter by $5.00 per hectare per year, up to and including the third year. Rentals for the fourth year will be $15.00 per hectare. 8.

Other terms and conditions referred to in the licence include provisions respecting Significant Discoveries, Allowable Expenditures, Indemnity, Exploration Plans, Joint Operatins Agreements, Liability, Successors and Assigns, Notice and Appointment of Representative. 9. For the payment of a prescribed service fee, the exploration licence, may be inspected, or by written request, certified copies made available at the following address: Office of the Registrar, Canada-Newfoundland and Labrador Offshore Petroleum Board, Fifth Floor, TD Place, 140 Water Street, St.

John’s, Newfoundland and Labrador, A1C 6H6, 709-778-1400. January 2010 MAX RUELOKKE Chairman & CEO Jan 29 CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD CALL FOR BIDS No. NL09-02 The Canada-Newfoundland and Labrador Offshore Petroleum Boar d hereby gives notice of the term and conditions of the interests issued as a result of Call for Bids No. NL09-02. The bid selected, and the information contained on the prescribed b id forms, were published in The Newfoundland and Labrador Gazette, on November 27, 2009.

This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C., 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , RSNL., 1990, cC-2.

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 29, 2010 29 Exploration Licences Nos. 1118 and 1119 were issued to the following interest owners: Exploration Licence Interest Owners Ownership % 1118 ConocoPhillips Canada Resources Inc. BHP Billiton Petroleum (Laurentian) Corporation 55.00% 45.00% 1119 ConocoPhillips Canada Resources Inc. BHP Billiton Petroleum (Laurentian) Corporation 64.0091% 35.9909% The following is a

summary of the terms and conditions of the exploration licences specified herein: 1. An exploration licences confer: (

a) the right to explore for, and the exclusive right to drill and test for, petroleum; (

b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and (

c) the exclusive right, subject to compliance with the other provisions of the Act, to obtain a production licence. 2. The exploration licences are issued for a nine-year term effective January 15, 2010. 3. Period I is a period of five (5) years commencing on the effective date of this licence specified herein. The interest owner shall commence the drilling of the well within Period I, and diligently pursue such drilling thereafter, as a condition precedent to obtaining tenure during Period II. 4.

The interest owners may at their option extend Period I from five (5) years to six (6) years by posting a Drilling Deposit with the Board before the end of the fifth year of Period. If a Drilling Deposit is posted, it will be refunded in full if the Licence is validated for Period II by the drilling of a well. If a validation well is not drilled, the Drilling Deposit will be forfeited to the Receiver General for Canada upon the termination of the Licence. Allowable Expenditures cannot be applied against the Drilling Deposit. 5.

Upon the expiration of Period II, there shall be a deemed surrender of the interest except as it relates to the lands or any portion thereof subject to a significant discovery licence, or a production licence. 6. The interest owners for the exploration licence specified herein were required to provide the following security deposit in the form of a promissory note satisfactory to the Board: Exploration Licence Security Deposit 1118 $2,00,052 1119 $250,000 A credit against the deposit will be made following each anniversary date of the exploration licence on the basis of 25% of allowable expenditures.

Any deposit balance remaining at th e end of Period I, or following the termination of a well commenced and being pursued diligently but not terminated w ithin Period I, or upon the surrender of rights, will be forfeited. 7. Rentals will be applicable only in Period II at a rate of $2.50 per hectare in respect of the first year and increasing thereafter by $2.50 per hectare per year, up to and including the third year. Rentals for the fourth year will be $7.50 per hectare. 8.

Other terms and conditions referred to in the licence include provisions respecting Significant Discoveries, Allowable Expenditures, Indemnity, Exploration Plans, Joint Operatins Agreements, Liability, Successors and Assigns, Notice and Appointment of Representative.

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 29, 2010 30 9. For the payment of a prescribed service fee, the exploration licence, may be inspected, or by written request, certified copies made available at the following address: Office of the Registrar, Canada-Newfoundland and Labrador Offshore Petroleum Board, Fifth Floor, TD Place, 140 Water Street, St. John’s, Newfoundland and Labrador, A1C 6H6, 709-778-1400. January 2010 MAX RUELOKKE Chairman & CEO Jan 29 CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD CALL FOR BIDS No.

NL09-03 The Canada-Newfoundland and Labrador Offshore Petroleum Boar d hereby gives notice of the term and conditions of the interests issued as a result of Call for Bids No. NL09-03. The bid selected, and the information contained on the prescribed b id forms, were published in The Newfoundland and Labrador Gazette, on November 27, 2009. This notice is made pursuant to and subject to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C., 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , RSNL., 1990, cC-2.

Exploration Licence No. 1120 was issued to the following interest owner: Exploration Licence Interest Owner Ownership % 1120 Ptarmigan Energy Inc. 100.00% The following is a

summary of the terms and conditions of the exploration licence specified herein: 1. The exploration licence confers: (

a) the right to explore for, and the exclusive right to drill and test for, petroleum; (

b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and (

c) the exclusive right, subject to compliance with the other provisions of the Act, to obtain a production licence. 2. The exploration licence was issued for a nine-year term effective January 15, 2010. 3. Period I is a period of five (5) years commencing on the effective date of the licence specified herein. The interest owner shall commence the drilling of the well within Period I, and diligently pursue such drilling thereafter, as a condition precedent to obtaining tenure during Period II. 4.

The interest owner may at its option extend Period I from five (5) years to six (6) years by posting a Drilling Deposit with the Board before the end of the fifth year of Period. If a Drilling Deposit is posted, it will be refunded in full if the Licence is validated for Period II by the drilling of a well. If a validation well is not drilled, the Drilling Deposit will be forfeited to the Receiver General for Canada upon the termination of the Licence. Allowable Expenditures cannot be applied against the Drilling Deposit. 5.

Upon the expiration of Period II, there shall be a deemed surrender of the interest except as it relates to the lands or any portion thereof subject to a significant discovery licence, or a production licence. 6. The interest owner for the exploration licence specified herein was required to provide the following security deposit in the form of a promissory note satisfactory to the Board: Exploration Licence Security Deposit 1120 $300,000 A credit against the deposit will be made following each anniversary date of the exploration licence on the basis of 25% of allowable expenditures.

Any deposit balance remaining at the end of Period I, or following the termination of a well

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 29, 2010 31 commenced and being pursued diligently but not terminated within Period I, or upon the surrender of rights, will be forfeited. 7. Rentals will be applicable only in Period II at a rate of $2.50 per hectare in respect of the first year and increasing thereafter by $2.50 per hectare per year, up to and including the third year. Rentals for the fourth year will be $7.50 per hectare. 8.

Other terms and conditions referred to in the licence include provisions respecting Significant Discoveries, Allowable Expenditures, Indemnity, Exploration Plans, Joint Operatins Agreements, Liability, Successors and Assigns, Notice and Appointment of Representative. 9. For the payment of a prescribed service fee, the exploration licence, may be inspected, or by written request, certified copies made available at the following address: Office of the Registrar, Canada-Newfoundland and Labrador Offshore Petroleum Board, Fifth Floor, TD Place, 140 Water Street, St.

John’s, Newfoundland and Labrador, A1C 6H6, 709-778-1400. January 2010 MAX RUELOKKE Chairman & CEO Jan 29 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF CARBONEAR DEVELOPMENT REGULATIONS AMENDMENT No. 16, 2009 TAKE NOTICE that the Town of Carbonear Development Regulations Amendment No. 16, 2009, adopted by Council on the 17 th day of March 2009, has been registered by the Minister of Municipal Affairs.

In general terms, Developm ent Regulations Amendment No. 16, 2009 will allow Council discretion in the siting requirements and location for an accessory building in the Residential-Seasonal Land Use Zone. The Town of Carbonear Development Regulations Amendment No. 16, 2009, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Town of Carbonear Developm ent Regulations Amendment No. 16, 2009, may do so at the Town Office, Carbonear during normal working hours.

TOWN OF CARBONEAR Cynthia Davis, Administrator Jan 2 LANDS ACT NOTICE OF INTENT LANDS ACT, c36, SNL 1991 Notice is hereby given that RHONDA PARSONS of 8 Old Bonne Bay Pond Road, NL intends to apply to the Department of Environment a nd Conservation, two months from the publication of this Notice, to ac quire title, pursuant to

Section 7(2) (

e) of th e said Act, to that piece of Crown Land situated within fi fteen (15) metres of the waters of Bonne Bay Big Pond, in the Electoral District of Humber St.

Barbe for the purpose of establishing a wharf (12 x 50 ft) and being more particularly described as follows: Bounded on the North by Road Right of Way for a distance of 48.532m; Bounded on the East by property of Rhonda Parsons Vol. 151 Fol 133 for a distance of 61.590m; Bounded on the South by Vol 143 Fol 88 for a distance of 64.059m Bounded on the West by Big Bonne Bay Pond for a distance of 44.780m; and containing an area of approximately 600 square feet.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P. O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0.

For further information on the proposed application, please contact RHONDA PARSONS Telephone (709) 543.-2260 Jan 29

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 29, 2010 32 NOTICE OF INTENT LANDS ACT, c36, SNL 1991 Notice is hereby given that WOODROW RUMBOLT, of Castor River South, NL in tends to the Department of Environment and Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2) of the said Act, to that piece of Crown Land situated within fifteen (15) metres of the waters of Castor’s Harbour, in the Electoral District of St. Barbe for the purpose of a Residential Grant and being more particularly described as follows: Bounded on the North by Castor’s Harbour for a distance of 29m; Bounded on the East by Crown Land for a distance of 20m; Bounded on the South by Castor’s Harbour for a distance of 22m Bounded on the West by Castor’s Harbour for a distance of 26m; and containing an area of approximately 620 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P. O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0.

For further information on the proposed application, please contact WOODROW RUMBOLT Telephone (709) 686- 0719 Jan 29 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE OF HAROLD J. WHITE, Late, of the City of Corner Brook, in the Province of Newfoundland and Labrador , Deceased: December 22, 2008. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of HAROLD J.

WHITE, late of the City of Corner Brook, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 28 th day of February, 2010 after which date the said Administrator will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received. DATED at Stephenville, Newf oundland and Labrador, this 22nd day of January, 2010 ROXANNE PIKE Solicitor for the Administrator PER: Roxanne Pike ADDRESS FOR SERVICE P. O.

Box 272, 43 Main Street Stephenville, NL A2N 2Z4 Jan 29 .

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 85 ST. JOHN’S, FRIDAY, JANUARY 29, 2010 No. 4 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 1/10 NLR 5/10 NLR 7/10

The Newfoundland and Labrador Gazette January 29, 2010 23 NEWFOUNDLAND AND LABRADOR REGULATION 1/10 Petroleum Products Regulations (Amendment) under the Petroleum Products Act (O.C. 2010-17) (Filed January 15, 2010) Under the authority of

section 23 of the Petroleum Products Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, January 15, 2010. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.4 Amdt. Periodic reports 3. S.9 Amdt. Initial setting of the bench- mark price 4. S.14 Amdt. Periodic adjustment timing 5. Sch. R&S 1. Paragraph 2(

a) of the Petroleum Products Regulations is repealed and the following substituted: NLR 79/01 as amended

Petroleum Products Regulations (Amendment) 1/10 The Newfoundland and Labrador Gazette January 29, 2010 24 (a) "Act" means the Petroleum Products Act; (a.1) "benchmark" means, with respect to a type, grade or compo- nent of heating fuel or motor fuel, (

i) the reported product price assessment by Platts and by Bloombergs in the case of propane, and as set out in the Schedule, and (ii) notwithstanding subparagraph (i), with resp ect to mid - grade and premium unleaded gasoline, the product price assessment for Unl 87; 2. (1) Subsection 4(1) of the Regulations is amended by deleting the word "and" at the end of paragraph (c), by deleting the period at the end of paragraph (

d) and s ubstituting a semi -colon and the word "and" and by adding immediately after paragraph (

d) the following: (

e) any information which the board determines is necessary in relation to the administration of the Act and these regul a- tions. (2) Subsection 4(2) of the Regulations is amended by dele t- ing the word "and" at the end of paragraph (d), by deleting the period at the end of paragraph (

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

e) the following: (

f) any information which the board determines is necessary in relation to the administration of the Act and these regul a- tions. (3) Subsection 4(3) of the Regulations is amended by dele t- ing the word "and" at the end of paragraph (f), by deleting the period at t he end of paragraph (

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

g) the following: (

h) any information which the board determines is necessary in relation to the administration of t he Act and these regul a- tions.

Petroleum Products Regulations (Amendment) 1/10 The Newfoundland and Labrador Gazette January 29, 2010 25

Section 9 of the Regulations is amended by adding immedi- ately after subsection (1) the following:

(1.1) The benchmark price for a motor fuel or heating fuel that is a combination of li quid products distilled from petroleum shall be the sum of the benchmark price calculated under subse ction (1) for each product multiplied by the percentage by which each product is a co m- ponent of the motor fuel or heating fuel , which percentage shall be determined by the board. 4. (1) Subsection 14 (2) of the Re gulations is repealed and the following substituted:

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

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

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

(2) Section 14 of the Regulations is amended by adding i m- mediately after subsection (2) the following:

(2.1) Notwithstanding subsection (2), the benchmark price for mid-grade and premium unleaded gasoline shall be adjusted to be the sum of the benchmark price for Unl 87 adjusted in accordance with this

section plus (a) 3 cents per litre for mid-grade unleaded gasoline; and (b) 6 cents per litre for premium unleaded gasoline.

(2.2) Notwithstanding subsection (2), t he benchmark price for a motor fuel o r heating fuel that is a combination of liquid products di s- tilled from petroleum shall be adjusted to be the sum of the benchmark price adjusted in accordance with this

section for each product mult i- plied by the percentage by which each product is a com ponent of the motor fuel or heating fuel, which percentage shall be determined by the board.

Petroleum Products Regulations (Amendment) 1/10 The Newfoundland and Labrador Gazette January 29, 2010 26

(2.3) Notwithstanding the other provisions of this

section , where the board determines that an alternate pricing methodology would r e- sult in a benchmark price for a type of motor fuel or heating fuel which is more reasonably reflective of the cost of the fuel for or within a zone in Labrador in which there is an approved price freeze, the board may establish an alternative pricing methodology , including a different benchmark price adjustment

schedule for that type of motor fuel or heating fuel. (3) Subsection 14(5) of the Regulations is repealed and the following substituted:

(5) When making an adjustment under this section, the board may co mpel relevant information from a wholesaler or retailer, in a form prescribed by the board, and may hold a hearing where it consi d- ers one is desirable. 5. The

Schedule to the Regulations is repealed and the follo w- ing substituted:

Schedule Platts New York Cargo Unl 87 Platts New York Cargo No. 2 Platts New York Cargo LSD Platts New York Cargo ULSD Platts New York Cargo ULSKero Platts New York Cargo Jet Platts New York Cargo LS Jet Bloomberg Oil Buyers Guide US Propane Contract Postings Sarnia ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette January 29, 2010 27 NEWFOUNDLAND AND LABRADOR REGULATION 5/10 Certified General Accountants Regulations under the Certified General Accountants Act, 2008 (Filed January 26, 2010) Under the authority of

section 46 of the Certified General Ac- countants Act, 2008 , the board of the Certif ied General Accountants Association of Newfoundland and Labrador makes, with the approval of the Minister of Government Services, the following regulations. Dated at St. John’s, January 22, 2010. Trevnor McCormick Chairperson Board of the Certified General Accountants Association of Newfoundland and Labrador Kevin O'Brien Minister of Government Services

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 28 REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Admission to membership 4. Designated accounting bod- ies 5. Application for membership 6. Readmission to membership 7. Fellows 8. Honourary membership 9. Membership certificate 10. Use of designation 11. Firm and professional corpo- ration names and registration 12. Limited liability partnerships 13. Accountancy program 14. Filing of an allegation 15. Appointment of an adjudica- tion tribunal 16. Adjudication tribunal hear- ing date 17. Decision of the adjudication tribunal 18. Alternate dispute resolution 19. Service to the public 1.

These regulations may be cited as the Certified General Ac- countants Regulations. 2.

In these regulations (a) "Act" means the Certified General Accountants Act, 2008; (b) "applicant" means a person applying to the association for membership; (c) "by-laws" means the by-laws of the association; (d) "CGA Canada" means the Certified General Accountants Association of Canada; (e) "firm" means a sole proprietorship, partnership or corpora- tion; (f) "partnership" includes a limited liability partnership; (g) "profession" means the profession of certified general ac- countants in Newfoundland and Labrador and "professional" refers to a member of the profession; (h) "provincial association" mean s an association of certified gen- eral accountants incorporated in a province or territory of Canada, or in another country, but does not include the Certi-

Short title

Definitions

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 29 fied General Accountants Association of Newfoundland and Labrador; (i) "rules of professional conduct" means the rules of profes- sional conduct of the association; and (j) "student" means a person who is enrolled with the associa- tion in a school or program of accountancy offered or ap- proved by the association as meeting the educational re- quirements for certification.. 3.

(1) The membership of the association consists of those persons who are members or fellows of the association in good standing at the date of the first enactment of these regulations and those other persons who are afterward admitted, and who continue in good standing.

(2) The certification of a cer tified general accountant granted under

section 11 of the Act shall be renewed by the registrar if the member fulfils the following requirements: (

a) submits to the registrar comp leted forms or reports that may be prescribed by the board fo r the continuation of certifica- tion; and (

b) provides full payment to the association of the annual and other fees and dues no later than the date specified in the by- laws or as otherwise determined by the board.

(3) The board may by resolution admit to membership of the association a student who has registered with the association and who has fulfilled the educational, practical experience and examination re- quirements prescribed by the board, completed a declaration in the form the board may require and for whom it has received satisfactory evidence of good moral character.

(4) The board shall admit into membership of the association (

a) a member in good standing of a provincial association and whose professional qualifications and experience are satis- factory to the board; and (

b) a member or former member of an accounting body outside Canada which recognizes membership in the association as a Admission to mem- bership

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 30 basis for obtaining membership in that body without requir- ing that its normal final examinations be written and passed, if the other accounting body (

i) is designated by the board under subsection 4(1), in the case of a current member in good standing of the ac- counting body, (ii) was designated by the board under subsection 4(1), or a predecessor provision when the former member ceased to be a member in good standing of that accounting body, in the case of a former member, or (iii) was a body designated by the board under subsection 4(1), or a predecessor provision, on the date the person applying to the association was admitted to membership in that body, if the body is not designated under subsec- tion 4(1), on the date of making application to the asso- ciation, and if the applicant has fulfilled all of the educational, prac- tical experience, and examination requirements as prescribed by the board for an applicant under this paragraph. 4.

(1) The board may designate particular accounting bodies out- side Canada which have educational, practical experience and examina- tion requirements for qualificati on for membership which are accept- able to the association, and professional standards and requirements for admission to and continuance of membership which are acceptable to the association.

(2) The board may remove the designation of a particular ac- counting body made under subsection (1).

(3) The board may prescribe the educational, practical experi- ence, and examination requirements for persons who apply for mem- bership. 5.

(1) An applicant for membership in the association shall make application to the registrar in writi ng and the application shall be ac- companied by a declaration signed by the applicant that the contents of the application are true and correct. Designated account- ing bodies Application for membership

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 31

(2) An applicant shall inform the board if he or she (

a) has been convicted of a criminal or similar offence; (

b) has pleaded guilty or been found guilty of a violation of the rules of professional conduct; (

c) is the subject of an investigation by the complaints authori- zation committee or a body having similar powers with an- other provincial association; (

d) is the subject of a charge laid by the disciplinary body of another provincial association; and (

e) has pleaded guilty or been found guilty of violating the pro- visions of the Securities Act or regulations or an equivalent Act or regulations in another jurisdiction. 6.

(1) The board may re-admit to membership of the association an applicant who has completed the requirements prescribed by the board for readmission.

(2) The board may require an applicant to submit documentation acceptable to it that an applicant ha s completed the prescribed require- ments for readmission.

(3) The board shall give prompt written notice to the applicant of its decision reached under subsection (1). 7.

(1) A member of the association, in good standing, who has been designated a fellow by CGA Canada shall be admitted as a fellow of the association.

(2) A member who is admitted as a fellow of the association shall be entitled to take and use the designation "Fellow of Certified General Accountants" or the initials F.C.G.A.

(3) The use of the designation F. C.G.A. shall be subject to the by-laws of the association.

(4) A fellow may not continue to hold the title fellow if he or she is no longer on the roll of the association or the roll of another pro- vincial association. Readmission to membership Fellows

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 32 8.

(1) A person, who has given conspicuous service to the associa- tion, either in the advancement of its educational objects or general welfare, or by material contribution to the association, may by 2/3 vote of the board be elected to honourary membership in the association.

(2) An honourary membership does not confer upon a person the right to use the designation "certified general accountant" or be elected to the board. 9.

(1) A member shall be entitled to receive a certificate of mem- bership which shall be in the form that the board may determine and to hold the certificate as long as he or she remains a member.

(2) A membership certificate rema ins the property of the asso- ciation and in the event of termination or suspension of membership for a reason other than death shall, at th e request of the board, be returned to the association.

(3) A membership certificate shall be under the seal of the asso- ciation under the signature of the chairperson or vi ce-chairperson and by the registrar or secretary. 10. A member, practising in partnership with a person who is not a member, shall not permit the partnership to take or use the designation "Certified General Accountants" or "Fellow of Certified General Ac- countants", or permit the partnership to take the initials "C.G.A." or "F.C.G.A.". 11.

(1) A member, firm, or professi onal corporation shall register with the association, in the manner prescribed by the board, the name or names under which the member or firm carries on an accounting practice or a related function, business or practice.

(2) The board may authorize a firm to practice under a name which is consistent with the rules of professional conduct.

(3) Upon registration with the association, a firm or professional corporation shall designate a member of the association to be the desig- nated representative of the firm or professional corporation.

(4) In addition to the requirements in

section 20(2) of the Act, a professional corporation shall Honourary mem- bership Membership certifi- cate Use of designation Firm and profes- sional corporation names and registra- tion

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 33 (

a) provide to the registrar a certified copy of the articles of in- corporation of the corporation to be registered; and (

b) pay an annual or other fees or dues prescribed by the board.

(5) A member shall notify the association in writing not later than 30 days following (

a) a merger of the member’s practice with another member’s practice or a firm or practice; (

b) the acquisition by the member of another member’s practice or a firm or practice; and (

c) the closure or termination of the member’s practice.

(6) The designated representative of a firm shall notify the asso- ciation in writing not later than 30 days following (

a) the merger of the firm’s practice with another member’s practice or a firm or practice; (

b) the acquisition by the firm of another member’s practice or a firm or practice; and (

c) the dissolution of the firm.

(7) The designated representative of a professional corporation shall notify the association in writing not later than 30 days following (

a) the merger of the professi onal corporation’s practice with another member’s practice, or firm or practice; (

b) the sale or transfer of th e voting shares of the professional corporation to another member or firm; (

c) the acquisition by the professional corporation of another member’s practice or a firm or practice; and (

d) the dissolution or amalgamation of the professional corpora- tion.

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 34

(8) The name of the profession al corporation shall include the words "professional corporation" and shall comply with subsection (1) in respect of the names that may be used and registered by professional corporations.

(9) A partnership consisting of 2 or more professional corpora- tions or of one or more members and one or more professional corpora- tions may establish a firm for the purpose of providing the services of certified general accountants.

(10) The sale or transfer of th e voting shares of a professional corporation to another member or firm does not require re-registration unless the professional corporation continues to provide the services of a certified general accountant after the sale or transfer takes effect. 12.

(1) A firm that has registered one or more offices under

section 11 is eligible to be registered as a limited liability partnership under

section 55 of the Partnership Act.

(2) A limited liability partnership shall provide to the associa- tion proof of registration as a limited liability partnership and pay the fee the board may prescribe.

(3) Upon receipt of proof of re gistration, the association shall change the firm name registered w ith the association by adding the phrase Limited Liability Partnership or its abbreviation LLP. 13. The association may (

a) directly administer a program of accountancy; (

b) enter into agreements or arrangements suitable to the board with another body or school for the provision of a program or school of accountancy; or (

c) enter into agreements for the recognition of other national or international programs or schools of accountancy. 14.

(1) Within 30 days of receipt of an allegation the respondent shall be notified 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. Limited liability partnerships Accountancy pro- gram Filing of an allega- tion

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 35

(3) The chairperson of the co mplaints authorization committee shall inform the respondent and the complainant within 120 days of receipt of the allegation whether th e committee intends to conduct an investigation of the allegation under

section 31 of the Act. 15. An adjudication tribunal shall be appointed within 30 days of the receipt of the charges by the disciplinary panel. 16.

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

(2) With the agreement of th e respondent and the board, the chairperson of the adjudication tribunal may extend a period referred to in subsection (1). 17. The written decision and orders of an adjudication tribunal shall be provided to the board and the respondent within 90 days of the com- pletion of the hearing of the complaint by the adjudication tribunal. 18.

(1) Where an allegation is referred by the complaints authoriza- tion committee to the registrar or an other person for alternate dispute resolution, the registrar or other pe rson has 120 days from the referral to resolve the allegation.

(2) Where the persons engaged in alternate dispute resolution under subsection (1) agree, the period referred to in subsection (1) may be extended for an additional 60 days. 19. For the purpose of subsection 11(3) of the Act, a person pro- vides services directly to the public where he or she (

a) practises as a "public accountant" as defined in the Public Accountancy Act; (

b) performs an assurance engagement as defined in the CICA Handbook; Appointment of an adjudication tribu- nal Adjudication tribu- nal hearing date Decision of the adjudication tribu- nal Alternate dispute resolution Service to the public

Certified General Accountants Regulations 5/10 The Newfoundland and Labrador Gazette January 29, 2010 36 (

c) performs a specific auditing procedures engagement as de- fined in the CICA Handbook; (

d) performs a compilation engagement as defined in the CICA Handbook where there is third party reliance on financial in- formation that is the subject of the compilation engagement; (

e) practises accounting, where it involves analysis, advice and

interpretation in an expert capacity, but excluding record keeping; (

f) practises taxation, where it involves advice and counselling in an expert capacity, but ex cluding mechanical processing of returns; or (

g) prepares a tax return or other statutory filing when the prepa- ration is in connection with a practice offering or providing a service as described in paragraph (a), (b), (c), (d), (e), or (f). ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette January 29, 2010 37 NEWFOUNDLAND AND LABRADOR REGULATION 7/10 Notice of Protected Water Supply Area of Shoal Harbour River, WS-S-018, Town of Clarenville under the Water Resources Act (Filed January 26, 2010) Under the authority of

section 39 of the Water Resources Act , I designate the area generally known as the Shoal Harbour River Water Supply Area for the Town of Clarenville as a protected water supply area. Dated at St. John’s, January 13, 2010. Charlene Johnson Minister of Environment and Conservation NOTICE This area includes all lands in the Pr ovincial Electoral District of Trin- ity North abutted and bounded as follows: Beginning at a point having scaled UTM coordinates of easting 716 023 metres and northing 5 349 214 metres; Then running in a southeasterly direction for a distance of 825 metres, more or less, to a point having scaled UTM coordinates of easting 716 653 metres and northing 5 348 681 metres;

Notice of Protected Water Supply Area of Shoal Harbour River, WS-S-018, Town of Clarenville 7/10 The Newfoundland and Labrador Gazette January 29, 2010 38 Then running in a easterly direction for a distance of 1116 metres, more or less, to a point having scaled UTM coordinates of easting 717 769 metres and northing 5 348 677 metres; Then running in a southeasterly direction for a distance of 866 metres, more or less, to a point having scaled UTM coordinates of easting 718 281 metres and northing 5 347 979 metres; Then running in a easterly direction for a distance of 1227 metres, more or less, to a point having scaled UTM coordinates of easting 719 508 metres and northing 5 347 956 metres; Then running in a southeasterly direction for a distance of 1076 metres, more or less, to a point having scaled UTM coordinates of easting 719 938 metres and northing 5 346 970 metres; Then running in a southerly direction for a distance of 1000 metres, more or less, to a point having scaled UTM coordinates of easting 719 796 metres and northing 5 345 980 metres; Then running in a easterly direction for a distance of 1460 metres, more or less, to a point having scaled UTM coordinates of easting 721 222 metres and northing 5 345 665 metres; Then running in a southerly direction for a distance of 688 metres, more or less, to a point having scaled UTM coordinates of easting 721 451 metres and northing 5 345 016 metres; Then running in a southerly direction for a distance of 1222 metres, more or less, to a point having scaled UTM coordinates of easting 721 360 metres and northing 5 343 797 metres; Then running in a southeasterly direction for a distance of 908 metres, more or less, to a point having scaled UTM coordinates of easting 722 096 metres and northing 5 343 266 metres; Then running in a southeasterly direction for a distance of 426 metres, more or less, to a point having scaled UTM coordinates of easting 722 426 metres and northing 5 342 997 metres; Then running in a southerly direction for a distance of 1457 metres, more or less, to a point having scaled UTM coordinates of easting 722 194 metres and northing 5 341 559 metres;

Notice of Protected Water Supply Area of Shoal Harbour River, WS-S-018, Town of Clarenville 7/10 The Newfoundland and Labrador Gazette January 29, 2010 39 Then running in a southwesterly direction for a distance of 508 metres, more or less, to a point having scaled UTM coordinates of easting 721 741 metres and northing 5 341 330 metres; Then running in a westerly direction for a distance of 582 metres, more or less, to a point having scaled UTM coordinates of easting 721 185 metres and northing 5 341 503 metres; Then running in a southwesterly direction for a distance of 584 metres, more or less, to a point having scaled UTM coordinates of easting 720 699 metres and northing 5 341 180 metres; Then running in a northwesterly direction for a distance of 629 metres, more or less, to a point having scaled UTM coordinates of easting 720 256 metres and northing 5 341 627 metres; Then running in a westerly direction for a distance of 823 metres, more or less, to a point having scaled UTM coordinates of easting 719 438 metres and northing 5 341 540 metres; Then running in a northwesterly direction for a distance of 499 metres, more or less, to a point having scaled UTM coordinates of easting 719 114 metres and northing 5 341 920 metres; Then running in a westerly direc tion for a distance of 1198 metres, more or less, to a point having scaled UTM coordinates of easting 717 916 metres and northing 5 341 947 metres; Then running in a southwesterly direction for a distance of 571 metres, more or less, to a point having scaled UTM coordinates of easting 717 628 metres and northing 5 341 454 metres; Then running in a westerly direction for a distance of 771 metres, more or less, to a point having scaled UTM coordinates of easting 716 890 metres and northing 5 341 231 metres; Then running in a southeasterly direction for a distance of 940 metres, more or less, to a point having scaled UTM coordinates of easting 717 750 metres and northing 5 340 854 metres; Then running in a southerly direction for a distance of 193 metres, more or less, to a point having scaled UTM coordinates of easting 717 781 metres and northing 5 340 663 metres;

Notice of Protected Water Supply Area of Shoal Harbour River, WS-S-018, Town of Clarenville 7/10 The Newfoundland and Labrador Gazette January 29, 2010 40 Then running in a southerly direction for a distance of 694 metres, more or less, to a point having scaled UTM coordinates of easting 717 726 metres and northing 5 339 972 metres; Then running in a southwesterly direction for a distance of 391 metres, more or less, to a point having scaled UTM coordinates of easting 717 493 metres and northing 5 339 657 metres; Then running in a southerly direction for a distance of 351 metres, more or less, to a point having scaled UTM coordinates of easting 717 471 metres and northing 5 339 307 metres; Then running in a southeasterly direction for a distance of 865 metres, more or less, to a point having scaled UTM coordinates of easting 717 950 metres and northing 5 338 587 metres; Then running in a southerly direction for a distance of 1257 metres, more or less, to a point having scaled UTM coordinates of easting 718 394 metres and northing 5 337 411 metres; Then running in a westerly direction for a distance of 408 metres, more or less, to a point having scaled UTM coordinates of easting 717 987 metres and northing 5 337 384 metres; Then running in a southerly direction for a distance of 1093 metres, more or less, to a point having scaled UTM coordinates of easting 717 584 metres and northing 5 336 368 metres; Then running in a westerly direction for a distance of 981 metres, more or less, to a point having scaled UTM coordinates of easting 716 604 metres and northing 5 336 416 metres; Then running in a southwesterly direction for a distance of 3117 me- tres, more or less, to a point having scaled UTM coordinates of easting 713 780 metres and northing 5 335 096 metres; Then running in a northerly direction for a distance of 1624 metres, more or less, to a point having scaled UTM coordinates of easting 713 236 metres and northing 5 336 626 metres; Then running in a northerly direction for a distance of 712 metres, more or less, to a point having scaled UTM coordinates of easting 713 494 metres and northing 5 337 290 metres;

Notice of Protected Water Supply Area of Shoal Harbour River, WS-S-018, Town of Clarenville 7/10 The Newfoundland and Labrador Gazette January 29, 2010 41 Then running in a northwesterly direction for a distance of 2685 me- tres, more or less, to a point having scaled UTM coordinates of easting 711 634 metres and northing 5 339 226 metres; Then running in a northerly direction for a distance of 2145 metres, more or less, to a point having scaled UTM coordinates of easting 711 843 metres and northing 5 341 361 metres; Then running in a northwesterly direction for a distance of 1310 me- tres, more or less, to a point having scaled UTM coordinates of easting 710 674 metres and northing 5 341 952 metres; Then running in a westerly direc tion for a distance of 2091 metres, more or less, to a point having scaled UTM coordinates of easting 708 595 metres and northing 5 342 177 metres; Then running in a northwesterly direction for a distance of 1970 me- tres, more or less, to a point having scaled UTM coordinates of easting 707 492 metres and northing 5 343 809 metres; Then running in a northerly direction for a distance of 1116 metres, more or less, to a point having scaled UTM coordinates of easting 707 216 metres and northing 5 344 890 metres; Then running in a northeasterly direction for a distance of 3305 metres, more or less, to a point having scaled UTM coordinates of easting 709 954 metres and northing 5 346 741 metres; Then running in a northeasterly direction for a distance of 2001 metres, more or less, to a point having scaled UTM coordinates of easting 710 807 metres and northing 5 348 551 metres; Then running in a southeasterly direction for a distance of 2277 metres, more or less, to a point having scaled UTM coordinates of easting 712 857 metres and northing 5 347 559 metres; Then running in a northeasterly direction for a distance of 2259 metres, more or less, to a point having scaled UTM coordinates of easting 714 411 metres and northing 5 349 198 metres; Then running in a northeasterly direction for a distance of 1151 metres, more or less, to a point having scaled UTM coordinates of easting 715 445 metres and northing 5 349 704 metres;

Notice of Protected Water Supply Area of Shoal Harbour River, WS-S-018, Town of Clarenville 7/10 The Newfoundland and Labrador Gazette January 29, 2010 42 Then running in a southeasterly direction for a distance of 750 metres, more or less, to a point having scaled UTM coordinates of easting 716 017 metres and northing 5 349 219 metres; Then running in a southeasterly direction for a distance of 8 metres, more or less, to the point of commencement. All coordinates refer Zone 21 of the NAD 83 Universal Transverse Mercator Projection. The Notice of Protected Water Suppl y Area of Shoal Harbour River , Newfoundland and Labrador Regulation 112/96, is repealed. ©Earl G. Tucker, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 29, 2010 43 Index

PART I Canada-Newfoundland Atlantic Accord Implementation Act and Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act– Notices ..................... 27 Lands Act, 1991– Notices ...................................................................................................... ......................................................... 31 Trustee Act– Notice ........................................................................................................... ............................................................. 32 Urban and Rural Planning Act– Notices ......................................................................................... ................................................ 31

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. Certified General Accountants Act, 2008 Certified General NLR 5/10 New Jan 29/10, p. 27 Accountants Regulations Petroleum Products Act Petroleum Products NLR 1/10 Am ends Jan 29/10, p.23 Regulations, (Amdt.) NLR 79/01 Ss.2,4,9 & 14 amdt. S c h . R & S E x t r a o r d i n a r y Jan 15/10 Water Resources Act Notice of Protected Water NLR 7/ 10 R&S Jan 29/10, p.37 Supply Area of Shoal NLR112/96 Harbour River WS–S–0168, Town of Clarenville

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 29, 2010 44 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. Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca.

Advertising rates are available upon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). 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.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2010-01-29
Type	gazette
Volume / chapter	printer gazette weekly issues 2010 2010 01 29
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5d0b92c9b86269b0015b3117b261609d285c6723

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