Newfoundland and Labrador Gazette, Part I — 16 January 2009, Vol. 84, No. 3 — Credit Union Act Notice; Mineral Act Notice

NLG 2009-01-16

Newfoundland and Labrador — Gazette

15 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 84 ST. JOHN’S, FRIDAY, JANUARY 16, 2009 No. 3 CREDIT UNION ACT NOTICE OF AMALGAMATION On January 1, 2009 the Superint endent of Credit Unions approved the amalgamation of Tri-Island Credit Union Ltd, Twillingate, NL and First Coastal Credit Union Ltd, Eastport, NL under the Credit Union Act, cC-37.1, SNL 1995. The amalgamated credit union will operate under the name Venture Credit Union Limited, Eastport, NL. CREDIT UNION DEPOSIT GUARANTEE CORPORATION Dept of Government Services Bill Langthorne, Executive Director Jan 16 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended.

Mineral rights to the following mineral licenses have reverted to the Crown: A portion of license 008487M 015679M Held by Topsails LLC Situate near Rambler, Baie Verte Peninsula On map sheet 12H/16 more particularly described in an application on file at Department of Natural Resources A portion of license 014854M Held by Topsails LLC Situate near Side Pond, Baie Verte Peninsula On map sheet 02E/13 12H/16 more particularly described in an application on file at Department of Natural Resources Mineral License 009772M Held by Quinlan, Roland Situate near Burnt Lake, Central NL On map sheet 02E/07 Mineral License 009773M Held by Quinlan, Roland Situate near Burnt Lake, Central NL On map sheet 02E/07 Mineral License 009774M Held by Quinlan, Roland

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 16 Situate near Burnt Lake,Central NL On map sheet 02E/07 A portion of license 012749M Held by Cornerstone Resources Inc. Situate near Makhavinekh Lake On map sheet 14D/01 14C/04 more particularly described in an application on file at Department of Natural Resources A portion of license 014925M Held by Altius Resources Inc. Situate near Makhavinekh Mountain On map sheet 14D/01 14C/04 more particularly described in an application on file at Department of Natural Resources Mineral License 012757M Held by Altius Resources Inc.

Situate near Makhavinekh Mountain On map sheet 14C/04 Mineral License 012760M Held by Celtic Minerals Ltd Situate near Kogaluk River On map sheet 14C/04 Mineral License 012761M Held by Altius Resources Inc. Situate near Kogaluk River On map sheet 14C/04 A portion of license 012765M Held by Cornerstone Resources Inc. Situate near Anaktalik Brook On map sheet 14D/08 14D/09 more particularly described in an application on file at Department of Natural Resources A portion of license 012843M Held by Altius Resources Inc.

Situate near Notakwanon River On map sheet 13M/09 13M/16 more particularly described in an application on file at Department of Natural Resources A portion of license 012844M Held by Altius Resources Inc. Situate near Notakwanon River On map sheet 13M/09 13M/16 more particularly described in an application on file at Department of Natural Resources A portion of license 012845M Held by Altius Resources Inc. Situate near Notakwanon River On map sheet 13M/09 more particularly described in an application on file at Department of Natural Resources A portion of license 012846M Held by Altius Resources Inc.

Situate near Notakwanon River On map sheet 13M/09 13M/16 more particularly described in an application on file at Department of Natural Resources A portion of license 012847M Held by Altius Resources Inc. Situate near Notakwanon River On map sheet 13M/09 more particularly described in an application on file at Department of Natural Resources A portion of license 012876M Held by Tripple Uranium Resources Inc. Situate near Jeffries Pond On map sheet 13A/15 more particularly described in an application on file at Department of Natural Resources Mineral License 012910M Held by Altius Resources Inc.

Situate near Notakwanon River On map sheet 13M/10 13M/09 13M/16 Mineral License 012911M Held by Altius Resources Inc. Situate near Notakwanon River On map sheet 13M/16 13N/13 Mineral License 012912M Held by Altius Resources Inc. Situate near Notakwanon River On map sheet 13M/16 Mineral License 013885M Held by Gardner, Art Situate near Stoney Lake West,Central NL On map sheet 02D/12 Mineral License 013889M Held by Intrinsic Minerals Ltd.

Situate near Puttaalu Brook On map sheet 14E/02 Mineral License 013890M Held by Global Gold Uranium, LLC Situate near Grey River, Southern NL On map sheet 11P/15 Mineral License 013895M Held by French, Roy Situate near Bellevue Area, Avalon Peninsula On map sheet 01N/12 Mineral License 013896M Held by French, Roy Situate near Bellevue Area, Avalon Peninsula On map sheet 01N/12 Mineral License 013900M Held by MacNeil, Jim Situate near L ittle Chouse Brook,

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 17 Baie Verte Peninsula On map sheet 12H/10 Mineral License 013914M Held by Martin, Edward Situate near Greenw ood Pond, Baie Verte Area On map sheet 02E/13 A portion of license 014586M Held by Playfair Mining Ltd. Situate near Granite Lake, Central NL On map sheet 12A/02 more particularly described in an application on file at Department of Natural Resources A portion of license 014588M 015688M Held by Playfair Mining Ltd.

Situate near Granite Lake, Central NL On map sheet 12A/02 more particularly described in an application on file at Department of Natural Resources The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/2000, 36/2001, 31/2004, 78/2006 and 8/2008 and outlined on 1:50 000 scale digital maps maintained by the Department of Natura l Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

JIM HINCHEY P.Geo Manager - Mineral Rights File # 774: 4576, 5382, 5383, 5384, 6363, 7616, 7617, 7625, 7631, 7633, 7643, 7723, 7724, 7725, 7726, 7727, 7755, 7788, 7789, 7790, 8702, 8706, 8707, 8712, 8713, 8715, 8729, 9322, 9324 Jan 16 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION CITY OF MOUNT PEARL DEVELOPMENT REGULATIONS AMENDMENT NO. 177, 2008 TAKE NOTICE that the City of Mount Pearl Development Regulations Amendment Number 177, 2008 adopted by Council on the 4th day of March, 2008, has been registered by the Minister of Municipal Affairs.

In general terms, the purpose of Development Regulations Amendment Number 177, 2008 is to delete antenna from the list of permitted use classes of the Residential High Density (Special), Industrial-Light and Restricted use zones, delete antenna from the list of discretionary use classes of the Residential–Single Unit Detached 2, High Density (Special) and Restricted, Mixed Development, City Centre, Commercial-General, Commercial General– Special, Commercial–Local, Commercial–Highway, Shopping Centre, Community and Public Services, Heritage Resource, Recreational Open Space, Rural, Conservation, and Commercial–Recreation use zones, revise the general conditions for antenna uses and respond to Industry Canada’s new procedures for installing radio communications and broadcasti ng systems that came into effect on January 1, 2008.

The Mount Pearl Developmen t Regulations Amendment Number 177, 2008 comes into effect on the day that this notice is published in The Newfoundland & Labrador Gazette. Anyone who wishes to inspect a copy of this Amendment may do so at the Mount Pearl City Hall, 3 Centennial Street during normal working hours. CITY OF MOUNT PEARL Per: Gerard Lewis, Chief Administrative Officer Jan 16 NOTICE OF REGISTRATION ST. JOHN=S MUNICIPAL PLAN AMENDMENT NUMBER 65, 2008 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 446, 2008 TAKE NOTICE that St. John =s Municipal Plan Amendment Number 65, 2008 and St.

John’s Development Regulations Amendment Number 446, 2008 adopted on the 10th day of October, 2008 and approved on the 8 th day of December 2008 have been registered by the Minister of Municipal Affairs. In general terms, the purpose of St. John’s Municipal Plan Amendment Number 65, 2008 is to redesignate the Littledale Complex on Waterford Bridge Road to the Commerical General Land Use District. In general terms, the purpos e of St. John’s Development Regulations Amendment Number 446, 2008 is to rezone the Littledale Complex on Waterford Bridge Road to the Commercial Office Hotel (COH) Zone.

These amendments come into effect on the day that this notice is published in The Newfoundland & Labrador Gazette. Anyone who wishes to inspect a copy of these amendments may do so at the Department of Planning, 3rd Floor, St. John=s City Hall during regular business hours. CITY OF ST. JOHN’S Jan 16 NOTICE OF REGISTRATION ST. JOHN=S MUNICIPAL PLAN AMENDMENT NUMBER 66, 2008 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 447, 2008 TAKE NOTICE that St. John =s Municipal Plan Amendment Number 66, 2008 and St.

John’s Development Regulations Amendment Number 447, 2008 adopted on the 10th day of November, 2008 and approved on the 8 th day of

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 18 December 2008 have been registered by the Minister of Municipal Affairs. In general terms, the purpose of St. John’s Municipal Plan Amendment Number 66, 2008 is to redesignate the properties at Civic Numbers 5 Stamp’s Lane, 342 Pennywell Road and 344 Pennywell Road to the Commercial Land Use District. In general terms, the purpos e of St. John’s Development Regulations Amendment Number 447, 2008 is to rezone the properties at Civic Nu mbers 5 Stamp’s Lane, 342 Pennywell Road and 344 Pennywell Road to the Commercial Local (CL) Zone.

These amendments come into effect on the day that this notice is published in The Newfoundland & Labrador Gazette. Anyone who wishes to inspect a copy of these amendments may do so at the Department of Planning, 3rd Floor, St. John=s City Hall during regular business hours. CITY OF ST.

JOHN’S Georgina Lannon, Dept of Planning Jan 16 NOTICE OF REGISTRATION TOWN OF BAIE VERTE MUNICIPAL PLAN AMENDMENT NO. 23, 2008 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 19, 2008 TAKE NOTICE that the Town of Baie Verte Municipal Plan Amendment No. 23, 2008 and Development Regulations Amendment No. 19, 2008 as adopted on the 20th day of November, 2008 and approved on the 18th day of December, 2008, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of these amendments is to allow residential uses and child care and other compatible or similar uses under the Commercial – Town Centre designation and zone. The Municipal Plan Amendment No. 23, 2008 and Development Regulations Am endment No. 19, 2008 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Baie Verte Municipal Plan Amendment No. 23, 2008 and Development Regulations Am endment No. 19, 2008 may do so at the Baie Verte Town Office during normal working hours.

TOWN OF BAIE VERTE Angela Furey, Town Clerk Jan 16 NOTICE OF REGISTRATION TOWN OF PORT AU PORT EAST MUNICIPAL PLAN 2008 AND DEVELOPMENT REGULATIONS 2008 TAKE NOTICE that the Town of Port au Port East Municipal Plan 2008 and Deve lopment Regulations 2008, adopted on the 9th day of September, 2008 and approved on the 21st day of October 2008, have been registered by the Minister of Municipal Affairs. The Port au Port East Municipal Plan 2008 and Development Regulations 2008 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Port au Port East Muni cipal Plan and Development Regulations 2008 may do so at the Town Office, Port au Port East during normal working hours. TOWN OF PORT AU PORT EAST Joanne Ryan, Town Clerk Jan 16 NOTICE OF REGISTRATION TOWN OF SUMMERFORD MUNICIPAL PLAN AMENDMENT # 4, 2008 AND DEVELOPMENT REGULATION AMENDMENT # 4, 2008 TAKE NOTICE that the Town of Summerford Municipal Plan Amendment # 4 2008 and Development Regulation Amendment # 4, 2008 as approved by Council on the 3rd December 2008, have been registered by the Minister of Municipal Affairs.

Municipal Plan Amendment # 4 is an amendment to the Future Land Use Map to redesignate land on either side of Route 340 at the southern entrance to the community from Commercial to Residential. Development Regulation # 4 is an amendment to the Land Use Zoning Map rezoning the same land along Route 340 from Commercial to Residential. The Municipal Plan Amendment # 4,2008 and Development Amendment # 4,2008 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Summerford Municipal Plan Amendment # 4,2008 and Development Regulation Amendment # 4,2008 may do so at the Town Office, Summerford during normal business hours. TOWN OF SUMMERFORD Vicky Anstey, Town Clerk Jan 16

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 19 CHANGE OF NAME ACT C-8 RSNL 1990 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JANICE CASSIE VIRGINIA SAMANTHA KELLY of 391 Jr. Smallwood Boulevard, P.O. Box 347, Gambo, A0G 1T0, in the Province of Newfoundland and Labrador, as follows: To change my name from JANICE CASSIE VIRGINIA SAMANTHA KELLY to KELLIE-NAOMI COLLINS DATED this 5th day of September, 2008.

JANICE CASSIE VIRGINIA SAMANTHA KELLY (Signature of Applicant) Jan 16 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- STEVE ARTHUR TUKTUSINA of 3049 Walsh River, Labrador City, in the Province of Newfoundland and Labrador, as follows: To change my name from STEVE ARTHUR TUKTUSINA to STEVE ARTHUR TOOKTOSHINA DATED this 15th day of December, 2008.

STEVE ARTHUR TUKTUSINA (Signature of Applicant) Jan 16 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ALLYSON MARIE MCROBIE of 119 Circular Road, St. John’s, A1C 2Z8, in the Province of Newfoundland and Labrador, as follows: To change my name from ALLYSON MARIE MCROBIE to ALLYSON MARIE POWER DATED this 2nd day of January, 2009.

ALLYSON MARIE MCROBIE (Signature of Applicant) Jan 16 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- CECILIA MARTHA JERVIS (LAYMAN) of 42 Spratt Place, St. John’s, A1E 4M2, in the Province of Newfoundland and Labrador, as follows: To change my name from CECILIA MARTHA JERVIS (LAYMAN) to CECILIA MARTHA JARVIS (LAYMAN) DATED this 9th day of January, 2009.

CECILIA MARTHA JERVIS (LAYMAN) (Signature of Applicant) Jan 16 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- RICKY EUGENE GOVER of General Delivery, Indian Bay, A0G 2V0, in the Province of Newfoundland and Labrador, as follows: To change my name from RICKY EUGENE GOVER to RICKY EUGENE PARSONS DATED this 5 th day of January, 2009. RICKY EUGENE GOVER (Signature of Applicant) Jan 16

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 20 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- WANDA MARIE CHRISTOPHER of 21 Clevedon Crescent, Paradise, A1L 1J7, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from LEAH NEVAEH WALL to LEAH NEVAEH CHRISTOPHER DATED this 31st day of December, 2008.

WANDA MARIE CHRISTOPHER (Signature of Applicant) Jan 16 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JENNIFER LEE MCDONALD of 3B Cabot Road, Grand Falls-Windsor, A2A 1C1, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from MEGAN MARIE CANTWELL to MEGAN MARIE MCDONALD DATED this 30th day of December, 2008.

JENNIFER LEE MCDONALD (Signature of Applicant) Jan 16 QUIETING OF TITLES ACT 2008 04 T 0477 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF ALL THAT piece or parcel of land situate, lying and being at the Town of Portugal Cove/St. Phillip’s, in the Province of Newfoundland and Labrador, Canada AND IN THE MATTER of the Application of DONALD CHURCHILL AND DAVID CHURCHILL for a Certificate of Title of the said parcel of land pursuant to the Quieting of Titles Act. RSNL 1990, cQ-3, as amended. NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, cQ-3, RSNL, 1990.

NOTICE IS hereby given to all persons that DONALD CHURCHILL AND DAVID CHURCHILL have applied to the Supreme Court of Newfoundland and Labrador, to have title investigated and declared to ALL THAT piece or parcel of land situate, lyi ng and being at the Town of Portugal Cove/St. Philip’s, Province of Newfoundland and Labrador, and being more pa rticularly described in

Schedule “A” hereto annexed, of which the said DONALD CHURCHILL and DAVID CHURCH ILL claim to the the absolute owners ther eof and the said DONALD CHURCHILL and DAVID CHURCHILL have been ordered to publish Notice of the said application as required by the above-named Act.

All persons having title adverse to the said title claimed by the said DONALD CHURCHILL AND DAVID CHURCHILL shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division, at Corner Brook, Newfoundland and Labrador, particulars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned solicitors for the Applicants on or before the 16 th day of February, 2009, after which date no part y having any claim shall be permitted to file same or to be heard except by leave of the court and subject to such condi tions as the court may deem just.

All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. DATED at the Town of Channel-Port aux Basques, in the Province of Newfoundland and Labrador, this 6 th day of January, 2009. MARK & PARSONS Solicitors for the Applicants PER: M. Beverley L. Marks, Q.C. ADDRESS FOR SERVICE 3-9 Bar Haven Drive, P.O. Box 640 Channel Port aux Basques, NL A0M 1C0 Tel: 709-695-7338/7341 Fax: 709-695-3944

SCHEDULE “A” All that piece or parcel of la nd situate, lying and being at the southeast end of Brookside Place and north of Bolger’s River, in the town of Portugal Cove/St. Phillip’s, in the province of Newfoundland an d Labrador, Canada and being more particularly described as follows, that is to say: Beginning at a point, said point being in the southeastern limit of Brookside Place and ha ving co-ordinates of North 5 276, 469.868 metres and East 317,004.450 metres of the modified three degree traver se Mercator projection (Zone

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 21 1, NAD 83) for the province of Newfoundland and Labrador, Canada; THENCE running by land of F. Michael Rabinowitz & Melba D.

Rabinowitz (Roll 2471 Frame ll41, Registry of Deeds for Newfoundland) 65 ° 06 ′ 06 ″E a distance of 45.293 metres; THENCE running N 47 ° 11 ′ 06 ″E a distance of 11.491 metres; THENCE running N 42 ° 44 ′ 06 ″E a distance of 9.479 metres; THENCE running N 28 ° 14 ′ 06 ″E a distance of 20.696 metres; THENCE running N 40 ° 55 ′ 27 ″E a distance of 37.279 metres; THENCE running N 48 ° 04 ′ 53 ″E a distance of 27.589 metres; THENCE running N 73 ° 30 ′ 06 ″E a distance of 16.794 metres; THENCE running N 61° 51 ′ 06 ″E a distance of 18.318 metres; THENCE running N 31° 14 ′ 06 ″E a distance of 37.155 metres; THENCE running S 35° 04 ′ 54 ″E a distance of 18.227 metres; THENCE running S 21° 59 ′ 54 ″E a distance of 30.846 metres; THENCE running N 66 ° 09 ′ 41 ″E a distance of 36.923 metres; THENCE running by land, now or formerly, of Henry Churchill S 06° 47′ 09″E a distance of 36.594 metres; THENCE running S 10 ° 43 ′ 50 ″E a distance of 21.816 metres; THENCE running by land, now or formerly, of William King S 64° 54′ 31″W a distance of 133.107 metres; THENCE running S 54 ° 10 ′ 24 ″W a distance of 160.437 metres; THENCE running and following the eastern limit of a Reservation (10.0 metres wide ) extending along Bolger’s River a distance of 98.3 metres , more or less, straight line bearing and distance being N 39 ° 57′ 40″W a distance of 97.609 metres; THENCE running by land of John Churchill & Kimberley Kitcher (Roll 1822 Frame 1835, Registry of Deeds for Newfoundland and Labrador) N 57° 19′ 21″E a distance of 41.269 metres; THENCE running by land of Stephen King (Roll 2115 Frame 1255, Registry of Deeds for Newfoundland and Labrador) N 59° 09′ 27″E a distance of 53.055 metres; THENCE running along the afor ementioned southeastern limit of Brookside Place N 50 ° 40 ′ 06 ″E a distance of 8.574 metres, more or less, to the principal Point of Beginning.

The above described piece or parcel of land contains an area of 2.795 hectares, the same being more particularly described on the drawing hereto attached. All bearings refer to Grid North (NAD 83).

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 22 Jan 16

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 23 2008 01 T 4224 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER of the Quieting of Titles Act , cQ-3, RSNL, 1990, as amended AND IN THE MATTER of an Application by GERALD CLARKE AND IN THE MATTER of all that piece or parcel of land situated and being at Clarke =s Path - civic number 185-191 Moonlight Drive, in the Town of Paradise, in the Electoral District of Conception Bay East - Bell Island, in the Province of Newfoundland and Labrador, Canada. NOTICE NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, cQ-3 RSNL, 1990.

Notice is hereby given to all parties that GERALD CLARKE, of Etobicoke, in the Province of Ontario, has applied to the Supreme Court of Newfoundland and Labrador, Trial Division, to have title investigated to all those pieces or parcels of land being ALL of those certain pieces or parcels of land s ituate, lying and being on the northeasterly limit of Clarke =s Path, being civic number 185-191, Moonlight Drive, in the Town of Paradise, in the District of Conception Bay East-Bell Island, in the Province of Newfoundland and Labrador, Canada, and being more particularly described on the

Schedule "A" attached hereto; And for a declaration that the said GERALD CLARKE is the absolute owner thereof, the said GERALD CLARKE having been ordered to publish notice of this application by the above named Act.

All persons having title adverse to the title claimed by the said GERALD CLARKE shall file in the Registry of the Supreme Court, Trial Division, particulars of such adverse claim and serve the same together with an affidavit verifying the same on the undersigned solicitors for the Applicant on or before the 16 th day of February, 2009 after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such claims may be investigated in such manner as the Supreme Court of Newfoundl and and Labrador, Trial Division may direct. DATED St. John's, Province of Newfoundland and Labrador this 8th day of January, 2009. PENDERGAST, HARTERY LAW OFFICE Solicitors for the Applicant PER: Marilyn A. Pendergast ADDRESS FOR SERVICE: Suite 201 155 Water Street St. John’s. NL A1C 1B3 Tel: 709-579-5550 Fax: 709-579-5579

SCHEDULE “A” Parcel “B” (Clarkes Path) 185-191 Moonlight Drive All that piece or parcel of land situate and being at St. Thomas, in the Town of Paradise, in the province of Newfoundland & Labrador, Cana da and being abutted and bounded as follows. That is to say beginning at a point in the northeasterly limit of Clarkes Path 20.12 metres wide.

The said point being the most southerly angle of land of Parcel “A”, and having co-ordinates of North 5270189.563 metres and East 313239.626 metres of the three degree Modified Transverse Mercator Projection as adopted by the province, Central Meridian fifty three degrees west. Thence by Parcel “A”, north 56 ° 53 ′ 03 ″ east 192.755 metres Thence by land now or formerly in possession of Hans Waller & Carlos Schmidt, south 8° 47 ′ 14 ″ east 70.022 metres and Thence, south 8° 52′ 28″ east 8.655 metres. Thence by land now or formerly in possession of Eli Clarke, south 58° 52′ 02″ west 160.255 metres.

Thence along the said limit of Clarkes Path, north 53° 03 ′ 48″ west 19.821 metres and Thence north 36° 50′ 07″ west 25.207 metres and Thence north 12° 58 ′ 32″ west 23.821 metres, more or less to the point of beginning and containing an area of 1.255 hectares. The said piece or parcel of land is more particularly shown on the attach ed plan of survey, job No. 06090601 dated 12 November 2006. All bearings being referred to Grid North.

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 24 Jan 16

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 25 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE OF BERNADETTE BURKE , Late of the Town of Port au Port East, in the Province of Newfoundland and Labrador, deceased: November 14, 2008 All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of BERNADETTE BURKE, late of the Town of Port au Port East, 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 Executors of the Estate on or before the 16 th day of February, 2009, after which date the said Executors 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 12th day of January, 2009 ROXANNE PIKE Solicitor for the Executor ADDRESS FOR SERVICE P. O. Box 272, 43 Main Street Stephenville, NL A2N 2Z4 Jan 16

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 84 ST. JOHN’S, FRIDAY, JANUARY 16, 2009 No. 3 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 3/09 NLR 4/09

The Newfoundland and Labrador Gazette January 16, 2009 13 NEWFOUNDLAND AND LABRADOR REGULATION 03/09 Proclamation bringing Act into force under the Electrical Power Control Act, 1994 (O.C. 2008-322) (Filed January 15, 2009) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JOHN C. CROSBIE Lieutenant Governor DONALD H. BURRAGE, Q.C Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 3 of “

An Act to Amend the Electrical Power Control Act, 1994” SNL2007 c25 (the “Act”) it is provided that the Act or a section, subsection or paragraph of the Act shall come into force on a day or days to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation d eclare and direct that “

An Act to Amend the Electrical Power Control Act, 1994” SNL2007 c25, shall come into force on the date of publication in The Newfoundland and Labrador Gazette. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

The Newfoundland and Labrador Gazette January 16, 2009 14 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable John Carnell Crosbie, Member of the Privy Council of Canada, Officer of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, and one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St.

John’s, this 5th day of December in the year of Our Lord two thousand and eight in the fifty-seventh year of Our Reign. BY COMMAND, DIANNE C. WHALEN Registrar General

The Newfoundland and Labrador Gazette January 16, 2009 15 NEWFOUNDLAND AND LABRADOR REGULATION 4/09 Water Management Regulations under the Electrical Power Control Act, 1994 (O.C. 2009-016) (Filed January 16, 2009) Under the authority of

section 32 of the Electrical Power Control Act, 1994, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, January 16, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Objective of water manage- ment agreement 4. Reasonable time 5. Application of regulations 6. Written submission 7. Time period 8. Determination of disputes 9. Orders by board 1. These regulations may be cited as the Water Management Regu- lations. 2. In these regulations (a) "Act" means the Electrical Power Control Act, 1994;

Short title

Definitions

Water Management Regulations 4/09 The Newfoundland and Labrador Gazette January 16, 2009 16 (b) "board" means the Board of Commissioners of Public Utili- ties for Newfoundland and Labrador; (c) "deficiency" means a failure to satisfy the power generation and energy production requirements prescribed by an inde- pendent coordinator; (d) "good utility practice" mean s those practices, methods or acts, including but not limited to the practices, methods or acts engaged in or approved by a significant portion of the electric utility industry in Canada, that at a particular time, in the exercise of reasonable judgment, and in light of the facts known at the time a decision is made, would be expected to accomplish the desired result in a manner which is consistent with laws and regulations and with due consideration for re- liability, safety, environmental protection, and economic and efficient operations. (e) "minister" means the minister appointed under the Executive Council Act to administer the Act; (f) "independent coordinator" means a person appointed under a water management agreement to impartially determine sup- pliers’ power and energy production levels; (g) "production facilities" means all components of a hydro- electric generating facility including any transmission facili- ties associated with them; (h) "supplier" means a person owning rights to produce power from hydro-electric facilities on a body of water; (i) "transmission provider" means any entity that owns, operates or controls facilities used for the transmission of electric en- ergy between or amongst prod uction facilities on the same body of water; and (j) "water management agreem ent" means an agreement made under

section 5.4 of the Act or imposed by the board under

section 5.5 of the Act, in accordance with these regulations. 3.

(1) The objective of a water ma nagement agreement shall be the coordination of the power generation and energy production in the ag- Objective of water management agreement

Water Management Regulations 4/09 The Newfoundland and Labrador Gazette January 16, 2009 17 gregate for all production facilities on a body of water to satisfy the delivery schedules for all suppliers on the body of water, in a manner that provides for the maximization of the long term energy-generating potential of a body of water, while ensuring that the provisions of a contract for the supply of power governed by

section 5.7 of the Act are not adversely affected.

(2) To obtain the objectives in subsection (1) a water manage- ment agreement shall: (

a) require that suppliers jointly and sufficiently fund the ad- ministration of the independent coordinator in proportion to the energy benefits obtained by each supplier from the ad- ministration of the water management agreement or accord- ing to that other methodology as may be agreed upon by suppliers and approved by the board, or in the absence of supplier agreement, imposed by the board, as the case may be; (

b) require that suppliers provide the independent coordinator with: (

i) demand requirements of contracts for the supply of power, (ii) the power and energy gene ration capacity of each of the supplier’s production facilities, (iii) equipment maintenance requirements, (iv) short and long term supplier forecast requirements, (

v) copies of a licence, lease or other instrument granting water rights, (vi) plans and requirements respecting suppliers’ construc- tion or commissioning activities, (vii) transmission availabilities, and (viii) the forecast of inflows,

Water Management Regulations 4/09 The Newfoundland and Labrador Gazette January 16, 2009 18 and regularly update any changes to them, all prepared in a manner consistent with good utility practices; (

c) require the independent coordinator, based on the informa- tion received in paragraph (

b) and in the exercise of reason- able judgment, to establish short and long term production schedules for all production facilities on a body of water, through the coordination of production scheduling of the suppliers on the body of water based upon the use of the ag- gregate generating capacity, storage and transmission facili- ties of any supplier on the respective body of water, in ac- cordance with the objectives of these regulations and with the water management agreement; (

d) require that suppliers adhere to the production schedules set by the independent coordinator in paragraph (c); (

e) provide that in no event shall: (

i) the power requests made to the independent coordinator by a supplier exceed the maximum power generating capability of the production facilities of that supplier for the period requested, and (ii) the generating capacity, storage capacity, or transmis- sion capability available to a supplier from all facilities on the body of water be less than the amounts of then available generating capacity, storage capacity, or transmission capability of the production facilities owned by that supplier on the body of water; (

f) require that information and data be shared between suppli- ers and by suppliers with the independent coordinator as is necessary for the independent coordinator to perform its functions under the agreement, including records, data, mod- els, as well as physical and computer access to those facili- ties as are required to obtain and verify that information; (

g) require suppliers and the independent coordinator to main- tain, for a period of not less than 7 years, records required of them to undertake their responsibilities under the agreement and these regulations which shall be available, upon request, to the board or minister;

Water Management Regulations 4/09 The Newfoundland and Labrador Gazette January 16, 2009 19 (

h) require an independent coordinator to (

i) provide suppliers with reports on its activities at regular intervals to be established in consultation with the sup- pliers, (ii) provide to the minister, and, on request, the board, with an annual report summarizing its activities in a form ac- ceptable to the minister; (

i) require that when a deficiency occurs, or is projected to oc- cur: (

i) appropriate adjustments sh all be made to the power and energy production levels and schedules of all production facilities on that body of water to the extent practicable to remedy the deficiency or anticipated deficiency, and (ii) where a deficiency occurs despite subparagraph (i), and as a result of that deficiency, a supplier incurs damages under a provision of a contract for the supply of power entered into by a person bound by the water manage- ment agreement and a third party where that contract was entered into before the water management agree- ment, those costs shall be paid by the supplier who caused the deficiency; (

j) include mechanisms to appropriately assign energy storage amounts to each supplier for water stored in the body of wa- ter’s reservoirs and, if water spillage occurs, to assign the lost energy fairly to each supplier; (

k) require that the amount of energy in storage shall be deter- mined based upon average water to energy conversion rates for the respective production facilities calculated based upon the best data source available as tested in accordance with good utility practice; (

l) include an appropriate method that ensures that, at regular intervals not less frequently than annually, adjustments are made to a supplier’s available energy for subsequent inter- vals for energy losses incurred in the previous period by each supplier as a result of ch anges to its energy capability

Water Management Regulations 4/09 The Newfoundland and Labrador Gazette January 16, 2009 20 caused by the application of the water management agree- ment; (

m) be governed by the laws of the province; and (

n) include those other provisions that the board determines are necessary or useful in achieving the objectives of the Act.

(3) Where suppliers agree and the board determines that the degree or amount of efficiencies to be gained through a water manage- ment agreement that comp lies with subsection 3(2) do not justify the costs of its implementation and administration, the board may approve or establish a water management agreement that does not comply with all of the elements of subsection 3(2) , provided that the board is satis- fied that the water management agreement it approves or establishes shall achieve the objectives of the Act.

(4) Each supplier, in complying with the requirements of sub-

section 3(2), shall: (

a) maintain its production f acilities in serviceable and good repair; and (

b) operate its facilities in a manner not inconsistent with princi- ples of good utility practice, but notwithstanding any other provision of these regulations, nothing in these regulations shall require a supplier to operate or maintain facili- ties or portions of facilities which, but for the water management agree- ment, that supplier, acting reasonably, would no longer operate or maintain. 4. For the purpose of subsection 5.5( 1) of the Act, "a reasonable time" means 60 days. 5. The Board of Commissioners of Public Utilities Regulations, 1996 shall apply to the referral to th e board of a proposed water man- agement agreement under

section 5.4 of the Act, or the filing of an ap- plication under subsection 5.5(1) of the Act, except to the extent these regulations deviate from it, or the board believes the process under those regulations are not necessary or useful, or would unnecessarily delay, the establishment of a water management agreement. Reasonable time Application of regulations

Water Management Regulations 4/09 The Newfoundland and Labrador Gazette January 16, 2009 21 6. Within 30 days of the referral to the board of a proposed water management agreement under

section 5.4 of the Act, or the filing of an application under subsection 5.5(1) of the Act, the applicant and each affected supplier shall file a written submission with the board setting out: (

a) the names of all suppliers on the body of water and all af- fected transmission providers; (

b) a

summary of the facts and the issues in dispute; (

c) a proposed water management agreement; (

d) copies of existing power contracts to which affected suppli- ers are a party; and (

e) any other matter considered relevant. 7. Notwithstanding

section 5, the board shall approve or establish a water management agreement within 120 days of the referral to the board of a proposed water management agreement under

section 5.4 of the Act, or the filing of an application under subsection 5.5(1) of the Act. 8. Disputes between suppliers arising from the operation of a water management agreement or involving the

interpretation or application of a water management agreement may be determined by the board upon application of one of the suppliers. 9. Upon an application under

section 8, where the board deter- mines that a supplier has failed to comply with a water management agreement, the board may issue those orders as are necessary to ensure compliance with it. ©Earl G. Tucker, Queen's Printer Written submission Time period Determination of disputes Orders by board

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 23 Index

PART I Change of Name Act – Applications ............................................................................................. ................................................ 19 Credit Union Act – Notice ...................................................................................................... ........................................................ 15 Mineral Act – Notice .......................................................................................................... ........................................................... 15 Quieting of Titles Act– Notices ................................................................................................ ...................................................... 20 Trustee Act – Notice .......................................................................................................... ............................................................ 25 Urban and Rural Planning Act– Notices.......................................................................................... ............................................... 17

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.

An Act to Amend the Electrical Power Control Act, 1994 Proclamation bring Act into force NL R 3/09 new Jan 16/09, p. 13 Electrical Power Contorl Act, 1994 Water Management Regulations NLR 4/09 new Jan 16/09, p. 15

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 16, 2009 24 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.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2009-01-16
Type	gazette
Volume / chapter	printer gazette weekly issues 2009 2009 01 16
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	700325a31c1a591d5e62a3e2e82494ec4f909b06

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