Bill 1705 (48th General Assembly, 2nd Session)
Bill 1705
Newfoundland and Labrador — Bills
Second
Session, 48th General Assembly
Elizabeth II, 2017
BILL 5
AN ACT TO REMOVE
ANOMALIES AND ERRORS
IN THE STATUTE LAW
Received and Read the First Time .................................................................................................
Second Reading .................................................................................................................................
Committee ..........................................................................................................................................
Third Reading .....................................................................................................................................
Royal Assent ......................................................................................................................................
HONOURABLE
ANDREW PARSONS, Q.C.
Minister of Justice and Public Safety and Attorney
General
Ordered
to be printed by the Honourable House of Assembly
EXPLANATORY NOTES
General: The purpose of this Bill is
to bring before the House of Assembly matters in the statute law that require
legislative correction as a result of amendments or enactments made in previous
sessions. The amendments contained in this Bill have been brought to the attention
of the Minister of Justice and Public Safety and are technical amendments not
involving matters of policy. Each amendment is explained by reference to the
clause of the Bill by which it is proposed.
Clause 1 of the Bill is the short
title.
Clause 2 of the Bill would amend
Schedule
C of the Abitibi-Consolidated Rights and
Assets Act to correct a typographical error. The reference to "Zone 2"
is corrected to "Zone 1" in the Property B description.
Clause 3 of the Bill would amend paragraph
2(
s) of the Access to Information and
Protection of Privacy Act, 2015 to add a reference to the "Seniors'
Advocate" which was inadvertently omitted when the Seniors' Advocate Act was enacted.
Clause 4(1) of the Bill would amend subsection
45.1(8) of the Automobile Insurance Act
to correct an incorrect reference to another Act. The error arose when the Workers' Compensation Act was renamed
the Workplace Health, Safety and Compensation
Act .
Clause 4(2) of the Bill would amend
paragraph 45.17(2)(
b) of the Automobile
Insurance Act to correct incorrect references to other Acts. The errors
arose when the Workers' Compensation Act
was renamed the Workplace Health, Safety
and Compensation Act and when the Hospital
Insurance Agreement Act and the Medical
Care Insurance Act, 1999 were replaced by the Medical Care and Hospital Insurance Act .
Clause 4(3) of the Bill would amend
subsection 45.20(2) of the Automobile
Insurance Act to correct an incorrect reference to another Act. The error
arose when the Workers' Compensation Act
was renamed the Workplace Health, Safety
and Compensation Act .
Clause 5(1) of the Bill would amend
the Building Standards Act to add a
definition of "minister" to reflect current practice.
Clause 5(2) of the Bill would amend
paragraph 2(
c) of the Building Standards
Act to correct an incorrect reference to another Act. The error arose when
the Municipalities Act was replaced
by the Municipalities Act, 1999 .
Clauses 5(3) to (5) of the Bill would
amend paragraph 3(1)(
e) and subsections 3(2) and (3) of the Building Standards Act to delete the references
to "Minister of Municipal and Provincial Affairs" and replace it with
the word "minister" to reflect current practice.
Clause 6 of the Bill would amend paragraph
2(1)(
c) of the Change of Name Act, 2009 to
correct a typographical error. The reference to "cohabitating" is corrected
to "cohabiting".
Clause 7 of the Bill would amend subsection 135(2) of the City of Mount Pearl Act to correct a
typographical error. The placement of the comma is corrected.
Clause 8 of the Bill would amend paragraph
28(3)(
b) of the City of St. John's
Municipal Taxation Act to remove a reference to a repealed provision of that
Act.
Clause 9(1) of the Bill would amend
the Coat of Arms Act to add
definitions for "department" and "minister" to reflect
current practice.
Clause 9(2) of the Bill would amend subsection
2(1) of the Coat of Arms Act to delete
the reference to the "Department of Municipal and Provincial Affairs"
and replace it with the word "department" to reflect current practice.
Clause 10 of the Bill would amend subsection
7(4) of the Correctional Services Act to
correct a typographical error. The word "expended" is corrected to "extended".
Clause 11 of the Bill would amend subsection
14(4) of the Denturists Act, 2005 to
correct a drafting error. It would add the word "first" to subsection
14(4) of the Act to clarify that this subsection relates to initial
appointments to the disciplinary panel.
Clause 12 of the Bill would amend paragraph
10(1)(
a) of the Employers' Liability Act
to correct an incorrect reference to another Act. The error arose when the Workers' Compensation Act was renamed
the Workplace Health, Safety and
Compensation Act .
Clause 13 of the Bill would amend paragraph
2(
a) of the Firefighters' Protection Act
to correct an incorrect reference to another Act. The error arose when the Municipalities Act was replaced by the Municipalities Act, 1999 .
Clause 14 of the Bill would amend subsection
6(1) of the Geographical Names Board Act to
correct an incorrect reference to another Act. The error arose when the Municipalities Act was replaced by the Municipalities Act, 1999 .
Clause 15 of the Bill would amend the
Schedule to the Highway Traffic Act
to delete references to offence and penalty provisions relating to provisions
in the Act that are repealed.
Clause 16(1) of the Bill would amend
the
Schedule to the Highway Traffic
Demerit Point System Regulations to delete references to offence and
penalty provisions relating to provisions in the Highway Traffic Act that are repealed.
Clause 16(2) of the Bill would amend
the
Schedule to the Highway Traffic
Demerit Point System Regulations to remove the offence and penalty
provisions relating to the Bus
Regulations as the offences are addressed in other sections of the Highway Traffic Act .
Clause 16(3) of the Bill would amend
the
Schedule to the Highway Traffic
Demerit Point System Regulations to correct errors in cross-referencing.
Clause 17(1) of the Bill would amend subsection
4(1) of the Hydro Corporation Act, 2007 to
adjust references to provisions of
section 245 of the Corporations Act which were affected by the passage of the Securities Act .
Clause 17(2) of the Bill would amend
subsection 39(3) of the Hydro Corporation
Act, 2007 to adjust a reference to a provision of
section 245 of the Corporations Act which was affected by
the passage of the Securities Act .
Clause 18(1) of the Bill would amend paragraph
3(
b) of the Land Surveyors Act, 1991 to
correct an incorrect reference to another Act. The error arose when the Engineers and Geoscientists Act was
replaced by the Engineers and
Geoscientists Act, 2008 .
Clause 18(2) of the Bill would amend
section
52 of the Land Surveyors Act, 1991 to
correct a reference error in the Act .
Clause 19 of the Bill would amend paragraph
3(
f) of the
Schedule of the Legal Aid
Regulations to correct an incorrect reference to another Act. The error arose
when the Workers' Compensation Act was
renamed the Workplace Health, Safety and
Compensation Act .
Clause 20(1) of the Bill would amend subparagraph
2(e)(iv) of the Municipal Affairs Act to
correct an incorrect reference to another Act. The error arose when the Municipalities Act was replaced by the Municipalities Act, 1999 .
Clause 20(2) of the Bill would amend
subsection 3(1) of the Municipal Affairs
Act to correct an incorrect reference to another Act. The error arose when
the Environment Act was replaced by
the Environmental Protection Act .
Clause 20(3) of the Bill would amend
subsection 6(4) of the Municipal Affairs
Act to correct an incorrect reference to another Act. The error arose when
the Municipalities Act was replaced
by the Municipalities Act, 1999 .
Clause 20(4) of the Bill would amend subsection
6(6) of the Municipal Affairs Act to
correct an incorrect reference to another Act. The errors arose when the Municipalities Act was replaced by the Municipalities Act, 1999 .
Clause 20(5) of the Bill would amend paragraph
10(1)(
e) of the Municipal Affairs Act
to correct an incorrect reference to another Act. The error arose when the Public Inquiries Act was replaced by the
Public Inquiries Act, 2006 .
Clauses 21(1) and (2) of the Bill
would amend subsections 131(7) and (8) of the Municipalities Act, 1999 to correct incorrect references to another
Act. The error arose when the Hospitals Act
was replaced by the Regional Health
Authorities Act .
Clause 21(3) of the Bill would amend
subsection 134(6) of the Municipalities
Act, 1999 to correct an incorrect reference to another Act. The error arose
when the Registration of Deeds Act
was replaced by the Registration of Deeds
Act, 2009 .
Clauses 21(4) and (5) of the Bill
would amend paragraph 144(2)(
b) and subsections 144(4) and (5) of the Municipalities Act, 1999 to delete
references to the Registrar of the Supreme Court. These provisions were inadvertently
omitted when similar amendments respecting the Registrar of the Supreme Court were
made in 2013.
Clause 21(6) of the Bill would amend
section
176 of the Municipalities Act, 1999 to
correct an incorrect reference to another Act. The error arose when the Waste Material Disposal Act was replaced
by the Environmental Protection Act .
Clause 21(7) of the Bill would amend subsection
195(2) of the Municipalities Act, 1999 to
delete the reference "Department of Environment and Labour" and
replace it with the word "department" to reflect current practice.
Clauses 21(8) and (9) of the Bill
would amend subsection 408(1) and
section 409 of the Municipalities Act, 1999 to correct incorrect references to another
Act. The error arose when the Urban and
Rural Planning Act was replaced by the Urban
and Rural Planning Act , 2000.
Clause 22 of the Bill would amend
section 2 of the Partnership Act to
add a definition of registrar which was inadvertently omitted from the Act.
Clause 23 of the Bill would amend subsection
3(1) of the Proceedings Against the Crown
Act to correct an incorrect reference to another Act. The error arose when
the Workers' Compensation Act was renamed
the Workplace Health, Safety and
Compensation Act . It also removes a reference to a repealed Act and
corrects a typographical error. The reference to the Underdeveloped Mineral Areas Act is corrected to the Undeveloped Mineral Areas Act .
Clause 24(1) of the Bill would amend
the Provincial Flag Act to add
definitions for "department" and "minister" to reflect
current practice.
Clause 24(2) of the Bill would amend subsection
2(2) of the Provincial Flag Act to
delete the reference "Department of Municipal and Provincial Affairs"
and replace it with the word "department" to reflect current practice.
Clause 25 of the Bill would amend subparagraph
2(1)(i)(
v) of the Public Service
Collective Bargaining Act to correct an incorrect reference to another Act.
The error arose when the Workers'
Compensation Act was renamed the Workplace
Health, Safety and Compensation Act .
Clause 26 of the Bill would amend paragraph
4(1)(
a) of the Public Service Commission
Act to add a reference to the "Seniors' Advocate" which was
inadvertently omitted when the Seniors'
Advocate Act was enacted.
Clause 27(1) of the Bill would amend subsection
5(3) of the St. John's Municipal Council
Parks Act to correct an incorrect reference to another Act. The error arose
when the Royal Newfoundland Constabulary
Act was replaced by the Royal Newfoundland Constabulary
Act, 1992.
Clause 27(2) of the Bill would amend subsection
5(5) of the St. John's Municipal Council
Parks Act to correct a typographical error. The reference to " Justices and Other Public Authorities
Protection Act" is corrected to " Justices and Public Authorities Protection Act ".
Clause 28 of the Bill would amend
section
10 of the Survival of Actions Act to
correct an incorrect reference to another Act. The error arose when the Workers' Compensation Act was renamed
the Workplace Health, Safety and
Compensation Act .
Clause 29(1) of the Bill would amend paragraph
2(e.01) of the Taxation of Utilities and
Cable Television Companies Act to correct an incorrect reference to another
Act. The error arose when the Hydro
Corporation Act was replaced by the Hydro
Corporation Act, 2007 .
Clause 29(2) of the Bill would amend paragraph
2(
f) of the Taxation of Utilities and
Cable Television Companies Act to correct an incorrect reference to another
Act. The error arose when the Municipalities
Act was replaced by the Municipalities
Act, 1999 .
Clause 29(3) of the Bill would amend subparagraph
2(h)(ii) of the Taxation of Utilities and
Cable Television Companies Act to correct an incorrect reference to another
Act. The error arose when the Hydro
Corporation Act was replaced by the Hydro
Corporation Act, 2007 .
Clause 30(1) of the Bill would amend subsection
19(2) of the Urban and Rural Planning
Act, 2000 to correct an incorrect reference to another Act. The error arose
when the Public Inquiries Act was replaced
by the Public Inquiries Act, 2006 .
Clause 30(2) of the Bill would amend subsection
41(8) of the Urban and Rural Planning
Act, 2000 to correct an incorrect reference to another Act. The error arose
when the Public Inquiries Act was replaced
by the Public Inquiries Act, 2006 .
Clause 30(3) of the Bill would amend
section
60 of the Urban and Rural Planning Act,
2000 to correct an incorrect reference to another Act. The error arose when
the Registration of Deeds Act was
replaced by the Registration of Deeds
Act, 2009 .
Clause 30(4) of the Bill would amend
section
101 of the Urban and Rural Planning Act,
2000 to correct an incorrect reference to another Act. The error arose when
the Registration of Deeds Act was replaced
by the Registration of Deeds Act, 2009 .
Clause 31 of the Bill would amend paragraph
3(1)(
a) of the Waste Management
Regulations, 2003 to delete the reference "Department of Environment"
and replace it with the word "department" to reflect current practice.
Clause 32 of the Bill would amend
subsection 22(1) of the Workplace Heath,
Safety and Compensation Regulations to correct an incorrect reference to
another Act. The error arose when the Workers'
Compensation Act was renamed the Workplace
Health, Safety and Compensation Act .
Clause 33 of the Bill would repeal a
number of obsolete or spent Acts and regulations.
A BILL
AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW
Analysis
Short title
Abitibi-Consolidated Rights and Assets
Act
Access to Information and Protection of
Privacy Act, 2015
Automobile Insurance Act
Building Standards Act
Change of Name Act, 2009
City of Mount Pearl
Act
City of St. John's Municipal Taxation Act
Coat of Arms Act
Correctional Services Act
Denturists Act, 2005
Employers' Liability Act
Firefighters' Protection Act
Geographical Names Board Act
Highway Traffic Act
Highway Traffic Demerit Point System
Regulations
Hydro Corporation Act, 2007
Land Surveyors Act, 1991
Legal Aid Regulations
Municipal Affairs Act
Municipalities Act, 1999
Partnership Act
Proceedings Against the Crown Act
Provincial Flag Act
Public Service Collective Bargaining Act
Public Service Commission Act
St.
John's Municipal Council Parks Act
Survival of Actions Act
Taxation of Utilities and Cable
Television Companies Act
Urban and Rural Planning Act, 2000
Waste Management Regulations, 2003
Workplace Health, Safety and
Compensation Regulations
Repeal
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
Short title
1. This Act may be cited as the Attorney
General Statutes Amendment Act, 2017 .
SNL2008 cA-1.01
as amended
(1) Schedule C of the Abitibi-Consolidated Rights and Assets Act is amended by deleting
the reference "Zone 2" and substituting the reference "Zone
1" in the Property B Bishop's Falls Power House description.
(2) This
section is considered to have come into
force on December 16, 2008.
SNL2015 cA-1.2
as amended
(1) Paragraph 2(
s) of the Access to Information and Protection of
Privacy Act, 2015 is repealed and the following substituted:
(s) "officer of the House of Assembly"
means the Speaker of the House of Assembly, the Clerk of the House of Assembly,
the Chief Electoral Officer, the Auditor General of Newfoundland and Labrador,
the Commissioner for Legislative Standards, the Citizens' Representative, the
Child and Youth Advocate, the Seniors' Advocate and the Information and Privacy
Commissioner, and a position designated to be an officer of the House of
Assembly by the Act creating the position;
(2) This
section comes into force on the day the Seniors' Advocate Act comes into force.
RSNL1990 cA-22
as amended
(1) Subsection 45.1(8) of the Automobile Insurance Act is amended by
deleting the reference " Workers'
Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation
Act ".
(2) Paragraph 45.17(2)(
b) of the Act is repealed
and the following substituted:
(
b) with respect to compensation or the monetary
value of services or benefits which the judgment creditor received, or is or
was entitled to receive, under the Medical
Care and Hospital Insurance Act , the
Income and Employment Support Act or the Workplace Health, Safety and Compensation Act ; and
(3) Subsection 45.20(2) of the Act is amended by
deleting the reference " Workers'
Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation
Act ".
RSNL1990 cB-8
(1) The Building Standards Act is amended by adding immediately after
section 1 the following:
Definition
1.1 In
this Act, "minister" means the minister appointed under the Executive Council Act to administer this
Act.
(2) Paragraph 2(
c) of the Act is amended by
deleting the reference " Municipalities
Act" and substituting the reference " Municipalities Act, 1999" .
(3) Paragraph 3(1)(
e) of the Act is amended by
deleting the words "Minister of Municipal and Provincial Affairs" and
substituting the word "minister".
(4) Subsection 3(2) of the Act is amended by deleting
the words "Minister of Municipal and Provincial Affairs" and substituting
the word "minister".
(5) Subsection 3(3) of the Act is amended by deleting
the words "Minister of Municipal and Provincial Affairs" and substituting
the word "minister".
SNL2009 cC-8.1
as amended
6. Paragraph 2(1)(
c) of the Change of Name Act, 2009 is repealed and the following substituted:
(c) "cohabiting partner" means either of
2 persons who have cohabited in a conjugal relationship outside of marriage for
at least one year;
RSNL1990 cC-16
as amended
7. Subsection 135(2) of the City of Mount Pearl Act is repealed and the following substituted:
(2) Where there are 2 or more owners of real
property within the city, the city clerk may designate one of those owners to
be the owner for the purposes of the imposition and collection of the real
property tax.
SNL2006 cC-17.1
as amended
8. Paragraph 28(3)(
b) of the City of St. John's
Municipal Taxation Act is repealed and the following substituted:
(
b) a student who is accommodated, lodges or stays
in a room in a building referred to in paragraph (1)(
b) while he or she is
registered at and attending a post-secondary educational institution; and
RSNL1990 cC-20
as amended
(1) The Coat of Arms Act is amended by adding immediately after
section 1
the following:
Definitions
1.1 In
this Act
(a) "department" means the department
presided over by the minister; and
(b) "minister" means the minister
appointed under the Executive Council Act
to administer this Act.
(2) Subsection 2(1) of the Act is amended by
deleting the words "Department of Municipal and Provincial Affairs"
and substituting the word "department".
SNL2011
cC-37.00001
10. Subsection 7(4) of the Correctional Services Act is repealed and the following
substituted:
(4) Where there is no superintendent for a
correctional facility or the superintendent for that correctional facility is
absent for an extended period of time, a member of the staff designated by the
minister has the power and shall perform the duties and functions of that superintendent
for that correctional facility.
SNL2005 cD-7.1
as amended
11. Subsection 14(4) of the Denturists Act, 2005 is repealed and the following substituted:
(4) Of the persons first appointed by the minister
to the disciplinary panel, one shall be appointed for a term of 2 years and the
other for a term of 3 years, and all subsequent appointments shall be for a
term of 3 years.
RSNL1990 cE-10
as amended
12. Paragraph 10(1)(
a) of the Employers' Liability Act is amended by deleting the reference
" Workers' Compensation Act "
and substituting the reference " Workplace
Health, Safety and Compensation Act ".
SNL1996 cF-11.1
13. Paragraph 2(
a) of the Firefighters' Protection Act is amended by deleting the reference
" Municipalities Act" and
substituting the reference " Municipalities
Act, 1999 ".
RSNL1990 cG-3
as amended
14. Subsection 6(1) of the Geographical Names Board Act is amended by deleting the reference
" Municipalities Act" and
substituting the reference " Municipalities
Act, 1999 ".
RSNL1990 cH-3
as amended
15. The
Schedule to the Highway Traffic Act is amended by deleting the offence and penalty
provisions relating to the following:
(a) subsection 53(2);
(b) paragraph 55(4)(b);
(
c) subparagraph 55(4)(c)(i);
(
d) subparagraph 55(4)(c)(ii);
(e) paragraph 55(4)(d); and
(f) paragraph 55(4)(e).
CNLR 753/96
as amended
(1) The
Schedule to the Highway Traffic Demerit Point System
Regulations , published under the Highway
Traffic Act , is amended by deleting the rows respecting an offence under
the following sections of the Highway
Traffic Act :
(a) subsection 53(2);
(b) paragraph 55(4)(b);
(
c) subparagraph 55(4)(c)(i);
(
d) subparagraph 55(4)(c)(ii);
(e) paragraph 55(4)(d);
(f) paragraph 55(4)(e);
(g) subsection 138(1);
(h) subsection 138(2);
(i) subsection 178(8);
(j) subsection 184(1); and
(
k) section 185.
(2) The
Schedule to the regulations is amended by
deleting the table applicable to the Highway
Traffic Bus Regulations .
(3) The
Schedule to the regulations is amended by
deleting the table applicable to the Highway
Traffic Licensing Equipment Regulations and substituting the following table:
Licensing and Equipment Regulations
Column 1
Column 2
Column 3
Section and
Subsection or
Paragraph
Number of
Demerit Points
Short
Description of
Offences
7(1)
Operating motor
vehicle without headlights on
7(2)
Improper use of
fog lamps
7(7)
Failure to have
motorcycle headlight on when in motion on a highway
8(2)(
a) Failing to dim
headlights to oncoming traffic
8(2)(
b) Failing to dim
headlights when following another vehicle
SNL2007 cH-17
as amended
17. (1) Subsection 4(1) of the Hydro Corporation Act, 2007 is repealed
and the following substituted:
Application of
the Corporations Act
(1) The
Corporations Act , except for
section
27, paragraphs 31(
a) to (e), sections 32, 76, 81, 167, 169, 172, 173, 177 and
178, subsections 184(3) and (4),
section 188, subsections 189(1) and (2), paragraphs
189(3)(a), (d), (
h) and (j), sections 200, 201, 203 to 209, subsections 245(1),
(2) and (8), sections 273 and 275, subsections 276(1), (3), (4) and (5) and
section 277, does not apply to the corporation.
(2) Subsection 39(3) of the Act is repealed and
the following substituted:
(3) Notwithstanding subsection (1), the
Lieutenant-Governor in Council may give direction to the directors of the
corporation as if the Crown were the beneficial owner of all the issued shares
of the corporation to whom subsection 245(2) of the Corporations Act applied.
SNL1991 c37
as amended
(1) Paragraph 3(
b) of the Land Surveyors Act, 1991 is amended by
deleting the reference " The
Engineers and Geoscientists Act " and substituting the reference
"the Engineers and Geoscientists
Act, 2008 ".
(2) Section 52 of the Act is repealed and the
following substituted:
Public Inquiries
Act, 2006
52. For
the purposes of sections 39 to 61, the council, the discipline committee and
each member of the council or the discipline committee has the powers that are
or may be conferred on a commissioner under the Public Inquiries Act, 2006 .
CNLR 1010/96
as amended
19. Paragraph 3(
f) of
Schedule E of the Legal Aid Regulations published under the Legal Aid Act is amended by deleting the reference " Workers' Compensation Act " and
substituting the reference " Workplace
Health, Safety and Compensation Act ".
SNL1995 cM-20.1
as amended
(1) Subparagraph 2(e)(iv) of the Municipal Affairs Act is amended by
deleting the reference " Municipalities
Act" and substituting the reference " Municipalities Act, 1999 ".
(2) Subsection 3(1) of the Act is amended by
deleting the reference " Environment
Act " and substituting the reference " Environmental Protection Act ".
(3) Subsection 6(4) of the Act is amended by
deleting the reference " Municipalities
Act " and substituting the reference " Municipalities Act, 1999 ".
(4) Subsection 6(6) of the Act is repealed and the
following substituted:
(6) Where the minister appoints an administrator
or commission under this section, sections 250 to 261 of the Municipalities Act, 1999 apply with the
necessary changes.
(5) Paragraph 10(1)(
e) of the Act is amended by
deleting the reference " Public
Inquiries Act " and substituting the reference " Public Inquiries Act, 2006 ".
SNL1999 cM-24
as amended
21. (1) Subsection 131(7) of the Municipalities Act, 1999 is repealed and
the following substituted:
(7) Notwithstanding subsections (1) and (2), an
amount or rate charged for a building owned by the Crown or an agency of the
Crown including schools as defined in the Schools
Act, 1997 and authorities as defined in the Regional Health Authorities Act , shall be the same amount or rate
as charged to similar properties in the municipality.
(2) Paragraph 131(8)(
b) of the Act is repealed and
the following substituted:
(
b) authority as defined in the Regional Health Authorities Act; and
(3) Subsection 134(6) of the Act is amended by
deleting the reference " Registration
of Deeds Act " and substituting the reference " Registration of Deeds Act, 2009 ".
(4) Paragraph 144(2)(
b) of the Act is amended by
deleting the words "Registrar of the Supreme Court" and substituting
the word "Trial Division".
(5) Subsections 144(4) and (5) of the Act are
amended by deleting the words "Registrar of the Supreme Court" and
substituting the word "Trial Division".
(6) Section 176 of the Act is amended by deleting
the reference " Waste Material
Disposal Act " and substituting the reference " Environmental Protection Act ".
(7) Subsection 195(2) of the Act is amended by
deleting the words "Department of Environment and Labour" and
substituting the word "department".
(8) Subsection 408(1) of the Act is amended by
deleting the reference " Urban and
Rural Planning Act " and substituting the reference " Urban and Rural Planning Act, 2000 ".
(9) Section 409 of the Act is amended by deleting
the reference " Urban and Rural
Planning Act " and substituting the reference " Urban and Rural Planning Act, 2000 ".
RSNL1990 cP-3
as amended
Section 2 of the Partnership Act is amended by deleting the word "and" at
the end of paragraph (b), by deleting the period at the end of subparagraph
(c)(ii) and substituting a semi-colon and the word "and", and by
adding immediately after that subparagraph the following:
(d) "registrar" means the registrar as
defined in the Corporations Act.
RSNL1990 cP-26
as amended
23. Subsection 3(1) of the Proceedings Against the Crown Act is repealed and the following
substituted:
Acts not affected
(1) This
Act does not affect and is subject to the
Income Tax Act, 2000 , the Revenue
Administration Act , the Crown
Royalties Act , the Crown Corporations
Local Taxation Act , the Expropriation
Act , the Family Homes Expropriation
Act , the Undeveloped Mineral Areas
Act , the Crown Lands Act , the Mineral Act , the Income and Employment Support Act , the Emergency Services Act , the Workplace
Health, Safety and Compensation Act , and proceedings to which the Federal Courts Jurisdiction Act relates.
RSNL1990 cP-30
(1) The Provincial Flag Act is amended by adding immediately after
section
1 the following:
Definitions
1.1 In
this Act
(a) "department" means the department
presided over by the minister; and
(b) "minister" means the minister
appointed under the Executive Council Act
to administer this Act.
(2) Subsection 2(2) of the Act is amended by deleting
the words "Department of Municipal and Provincial Affairs" and substituting
the word "department".
RSNL1990 cP-42
as amended
25. Subparagraph 2(1)(i)(
v) of the Public Service Collective Bargaining Act
is amended by deleting the reference " Workers'
Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation
Act ".
RSNL1990 cP-43
as amended
26. (1) Paragraph 4(1)(
a) of the Public Service Commission Act is amended
by adding immediately after subparagraph (iv) the following:
(iv.1) the Seniors' Advocate,
(2) This
section comes into force on the day the Seniors' Advocate Act comes into force.
RSNL1990 cS-4
27. (1) Subsection 5(3) of the St. John's Municipal Council Parks Act
is repealed and the following substituted:
(3) A park officer shall be supplied by the
council with an identification card and shall, before entering upon his or her
duties, take and sign, before a Provincial Court judge, the same oaths or
affirmations, with the necessary changes, that are required of a member of the
Royal Newfoundland Constabulary under
section 5 of the Royal Newfoundland Constabulary Act, 1992 , and those signed oaths or affirmations shall be retained by the
council as part of its records.
(2) Subsection 5(5) of the Act is amended by
deleting the reference " Justices and
Other Public Authorities Protection Act " and substituting the reference
" Justices and Public Authorities Protection
Act ".
RSNL1990 cS-32
as amended
Section 10 of the Survival of Actions Act is repealed and the following substituted:
Workplace Health,
Safety and Compensation Act
10. This
Act is subject to
section 44 of the Workplace
Health, Safety and Compensation Act .
SNL1992 cT-0.1
as amended
(1) Paragraph
2(e.01) of the Taxation of Utilities and
Cable Television Companies Act is amended by deleting the reference " Hydro Corporation Act " and
substituting the reference " Hydro
Corporation Act, 2007 ".
(2) Paragraph 2(
f) of the Act is amended by
deleting the reference " Municipalities
Act " and substituting the reference " Municipalities Act, 1999 ".
(3) Subparagraph 2(h)(ii) of the Act is amended by
deleting the reference " Hydro
Corporation Act " and substituting the reference " Hydro Corporation Act, 2007 ".
SNL2000 cU-8
as amended
30. (1) Subsection 19(2) of the Urban and Rural Planning Act, 2000 is
amended by deleting the reference " Public
Inquiries Act " and substituting the reference " Public Inquiries Act, 2006 ".
(2) Subsection 41(8) of the Act is amended by deleting the reference
" Public Inquiries Act " and
substituting the reference " Public
Inquiries Act, 2006 ".
(3) Section 60 of the Act is repealed and the
following substituted:
Registration of
notices of expropriation
(1) A
copy of a notice of an expropriation that is endorsed or to which is attached
an affidavit or a certificate of oath or affirmation in proof of service of the
notice upon the owner of the land or of the posting or publication of the
notice as provided in this Part shall be included among the deeds and other
documents to which reference is made in
section 7 of the Registration of Deeds Act, 2009 and the copy of the notice with
the affidavit or certificate attached shall, notwithstanding a provision of
that Act to the contrary, be registered in accordance with that Act without
proof for registration and without payment of fees.
(2) The provisions of the Registration of Deeds Act, 2009 relating to proof for registration
of an instrument as defined in paragraph 2(
b) of that Act shall apply to proof
of service or of posting or publication of the notice as if the person serving,
posting or publishing the notice were the signing witness to the execution of
the instrument.
(3) The registration of the copy of the notice
with the attached affidavit or certificate has the same effect as the registration
under the Registration of Deeds Act, 2009
of an instrument as defined in paragraph 2(
b) of that Act and for the purposes of
section 37 of that Act the person in whom
the title is vested under
section 58 of this Act is considered to be a
purchaser for valuable consideration.
(4) Entry of
(
a) the name of the person
(
i) upon whom notice under this
Part is served,
(ii) upon whose land notice is posted and for which
notice is published, and
(iii) in whom title is vested under
section 58;
(
b) a description of the document as a notice of
expropriation; and
(
c) the date of the service, posting or publication
of the notice under this Part,
in the registry established under the Registration of Deeds Act, 2009
constitutes compliance with that Act for the purpose of the requirements for
the registration of an instrument as defined in paragraph 2(
b) of that Act but,
where the name of the owner of the land is not known, an entry to that effect
in the registry shall be made and constitutes compliance with that Act for that
purpose.
(4) Section 101 of the Act is repealed and the
following substituted:
Registration of
purchase notices
(1) A
copy of a confirmed purchase notice made under paragraph 96(4)(
a) or an
affidavit of the minister stating that subsection 97(4) applies and that the
purchase notice is confirmed shall be included among the deeds and other
documents to which reference is made in
section 7 of the Registration of Deeds Act, 2009 and the copy of the notice or
affidavit shall, notwithstanding a provision of that Act to the contrary, be
registered in accordance with that Act without proof for registration and
without payment of fees.
(2) Registration under subsection (1) has the same
effect as the registration under the Registration
of Deeds Act, 2009 of an instrument as defined in paragraph 2(
b) of that
Act and for the purposes of
section
37 of that Act the person in whom the title is vested under
section 99 of this
Act is considered to be a purchaser for valuable consideration.
(3) Entry of
(
a) the name of the person in whom title is vested
under
section 99;
(
b) a description of the document as a purchase
notice; and
(
c) the date of the service, posting or
publication of the notice under this Part,
in the registry established under the Registration of Deeds Act, 2009
constitutes compliance with that Act for the purpose of the requirements for
the registration of an instrument as defined in paragraph 2(
b) of that Act.
NLR 59/03
as amended
31. Paragraph 3(1)(
a) of the Waste Management Regulations, 2003 published under the Environmental Protection Act is amended
by deleting the words "Department of Environment" and substituting
the word "department".
CNLR 1025/96
as amended
32. Subsection 22(1) of the Workplace Heath, Safety and Compensation Regulations published under
the Workplace Health, Safety and
Compensation Act is amended by deleting the reference "Workers'
Compensation Act" and substituting the word "Act".
Repeal
(1) The Printing Services Act Repeal Act , SNL2014 c4 is repealed.
(2) The following proclamations bringing Acts into
force are repealed:
(
a) Newfoundland
and Labrador Regulation 45/13;
(
b) Newfoundland
and Labrador Regulation 46/13;
(
c) Newfoundland
and Labrador Regulation 48/13;
(
d) Newfoundland
and Labrador Regulation 55/13;
(
e) Newfoundland
and Labrador Regulation 56/13;
(
f) Newfoundland
and Labrador Regulation 118/13;
(
g) Newfoundland
and Labrador Regulation 3/14;
(
h) Newfoundland
and Labrador Regulation 28/14;
(
i) Newfoundland
and Labrador Regulation 47/14;
(
j) Newfoundland
and Labrador Regulation 50/14;
(
k) Newfoundland
and Labrador Regulation 101/14;
(
l) Newfoundland
and Labrador Regulation 109/14;
(
m) Newfoundland
and Labrador Regulation 5/15;
(
n) Newfoundland
and Labrador Regulation 19/15;
(
o) Newfoundland
and Labrador Regulation 23/15;
(
p) Newfoundland
and Labrador Regulation 51/15;
(
q) Newfoundland
and Labrador Regulation 63/15;
(
r) Newfoundland
and Labrador Regulation 82/15;
(
s) Newfoundland
and Labrador Regulation 86/15;
(
t) Newfoundland
and Labrador Regulation 92/15;
(
u) Newfoundland
and Labrador Regulation 96/15;
(
v) Newfoundland
and Labrador Regulation 4/16;
(
w) Newfoundland
and Labrador Regulation 41/16;
(
x) Newfoundland
and Labrador Regulation 46/16; and
(
y) Newfoundland
and Labrador Regulation 59/16.
(3) The Proclamation
Dissolving the Forty-Seventh General Assembly , Newfoundland
and Labrador Regulation 102/15, is repealed.
(4) The Proclamation
providing for the Holding of a General Election , Newfoundland
and Labrador Regulation 103/15, published
under the Elections Act, 1991 , is
repealed.
(5) The following items published under the Elections Act, 1991 and the House of Assembly Act are repealed:
(
a) Proclamation
re: By-Election for the Electoral District of Cartwright-L'anse au Clair , Newfoundland
and Labrador Regulation 59/13;
(
b) Proclamation
regarding By-Election for the Electoral District of Carbonear-Harbour
Grace , Newfoundland and Labrador Regulation 117/13;
(
c) Proclamation
regarding By-Election for the Electoral District of Virginia
Waters , Newfoundland and Labrador Regulation 27/14;
(
d) Proclamation
re: By-Election for the Electoral District of St. George's-Stephenville East ,
Newfoundland and Labrador
Regulation 59/14;
(
e) Proclamation
re: By-Election for the Electoral District of Conception Bay South , Newfoundland and Labrador
Regulation 81/14;
(
f) Proclamation
re: By-Election for the Electoral District of Humber East , Newfoundland and Labrador
Regulation 88/14; and
(
g) Proclamation
re: By-Election for the Electoral District of Trinity-Bay De
Verde , Newfoundland and Labrador Regulation 89/14.
(6) The In-Province
Retail Fish Establishment Repeal Regulations , Newfoundland
and Labrador Regulation 85/14, published under
the Fish Inspection Act , are
repealed.
(7) The Rules
of the Supreme Court, 1986 (Amendment) Repeal Regulations , Newfoundland and Labrador
Regulation 25/15, published under the Judicature
Act , are repealed.
(8) The following items published under the Municipal Elections Act are repealed:
(
a) General
Election Deferral Order for the Town of Lamaline ,
Newfoundland and Labrador
Regulation 79/13;
(
b) General
Election Deferral Order for the Town of Lark Harbour ,
Newfoundland and Labrador
Regulation 80/13;
(
c) General
Election Deferral Order for the Town of Nippers Harbour ,
Newfoundland and Labrador
Regulation 81/13;
(
d) General
Election Deferral Order for the Town of Summerford ,
Newfoundland and Labrador
Regulation 82/13;
(
e) General
Election Deferral Order for the Town of York Harbour ,
Newfoundland and Labrador
Regulation 83/13;
(
f) General
Election Deferral Order for the Town of Duntara ,
Newfoundland and Labrador
Regulation 88/13;
(
g) General
Election Deferral Order for the Town of Keels ,
Newfoundland and Labrador
Regulation 89/13;
(
h) General
Election Deferral Order for the Town of King 's
Cove , Newfoundland and Labrador
Regulation 90/13;
(
i) General
Election Deferral Order for the Town of Little Bay Islands ,
Newfoundland and Labrador
Regulation 91/13;
(
j) General
Election Deferral Order for the Town of Lord 's
Cove , Newfoundland and Labrador
Regulation 97/13;
(
k) General
Election Deferral Order for the Town of Lourdes ,
Newfoundland and Labrador
Regulation 98/13;
(
l) Special
Election of November 26, 2013 Order , Newfoundland
and Labrador Regulation 113/13;
(
m) Special
Election Order, Town of Pinware , Newfoundland and Labrador
Regulation 38/14; and
(
n) Special
Election Order, Town of Point au Gaul , Newfoundland and
Labrador Regulation 22/15.
(9) The Disestablishment
of the Local Service District of Grand Beach Order , Newfoundland and
Labrador Regulation 99/13, published under the Municipalities Act, 1999 , is repealed.
(10) The following items published under the Municipalities Act, 1999 and the Local Service District Regulations are
repealed:
(
a) Meeting
Regarding the Election of the Local Service District Committee of Cottrell's
Cove Order , Newfoundland and Labrador Regulation 28/13;
(
b) Meeting
Regarding the Election of the Local Service District Committee of Charlottetown , B. Bay , Newfoundland
and Labrador Regulation 45/14;
(
c) Meeting
of the Householders of the Local Service District of Lance Cove Order , Newfoundland and Labrador
Regulation 23/16; and
(
d) Meeting
of the Householders of the Local Service District of Lance Cove Order , Newfoundland and Labrador
Regulation 1/17.
(11) The Plant
Quarantine Regulations Repeal Regulations , Newfoundland
and Labrador Regulation 97/15, published under
the Plant Protection Act , are
repealed.
(12) The Regional
Appeal Boards Appeal Fee Regulations , Newfoundland
and Labrador Regulation 51/97, published under
the Urban and Rural Planning Act , are
repealed.
(13) The Fogo
Central Development Control Repeal Regulations , Newfoundland
and Labrador Regulation 12/13, published under
the Urban and Rural Planning Act, 2000 ,
are repealed.
(14) The following items published under the Water Resources Act are repealed:
(
a) Repeal
of Notice of Wellhead Protected Water Supply Area of the Local Service District
of Bay St. George South, #2B MacPherson Well Highlands, WS-G-0030 ,
Newfoundland and Labrador Regulation 5/14;
(
b) Repeal
of Notice of Wellhead Protected Water Supply Area of the Local Service District
of Bay St. George South, Pumphrey Well Highlands, WS-G-0029 , Newfoundland
and Labrador Regulation 6/14;
(
c) Repeal of Notice of Wellhead
Protected Water Supply Area of the Local Service District of Bellevue, #1 and
#2 James Heffernan Wells , Newfoundland and Labrador Regulation 7/14;
(
d) Repeal of Notice of Wellhead
Protected Water Supply Area of the Local Service District of Bellevue ,
#5 Dave Paul Well , Newfoundland and Labrador
Regulation 8/14;
(
e) Repeal of Notice of Wellhead
Protected Water Supply Area of the Town of Lushes Bight-Beaumont, Beaumont
North Handpump Well, WS-G-0436 , Newfoundland and Labrador Regulation 9/14;
(
f) Repeal of Notice of Wellhead
Protected Water Supply Area of the Town of Millertown, Millertown Wellfield,
WS-G-0864 ,
Newfoundland and Labrador Regulation 16/14;
(
g) Repeal
of Notice of Protected Water Supply Area , Newfoundland
and Labrador Regulation 10/16;
(
h) Repeal
of Notice of Protected Water Supply Area , Newfoundland
and Labrador Regulation 74/16: and
(
i) Repeal
of Notice of Protected Water Supply Area , Newfoundland
and Labrador Regulation 75/16.
(15) The Open
Season Spring Big Game Black Bear Hunting and Snaring Order, Newfoundland, 2012 ,
Newfoundland and Labrador Regulation 82/11, published under the Wild Life Act and the Wild Life Regulations , is repealed.
(16) The Home
Heating Tax Credit Program Repeal Regulations , Newfoundland and Labrador
Regulation 33/16, published under the Income
Tax Act, 2000 is repealed.
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