Newfoundland and Labrador Gazette, Part I — 30 May 2003, Vol. 78, No. 22 — Urban and Rural Planning Act Notice of Registration; Lands Act Notice

NLG 2003-05-30

Newfoundland and Labrador — Gazette

265 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 78 ST. JOHN'S, FRIDAY, MAY 30, 2003 No. 22 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF CLARENVILLE MUNICIPAL PLAN AMENDMENT NO. 1, 2003 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 3, 2003 Take notice that the Town of Clarenville Municipal Plan Amendment No. 1, 2003 and Development Regulations Amendment No. 3, 2003, adopted on the 18th day of March, 2003, (as amended) and approved on the 24th day of April, 2003, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of Municipal Plan Amendment No.1, 2003 is to re-zone property from Commercial and Light Industrial and Commercial Highway to Residential to accommodate a residential development adjacent to the Clarenville Inn Property exiting off Memorial Drive. In general terms, the purpose of Development Regulations Amendment No. 3, 2003 is to re-zone property from Commercial and Light Industrial and Commercial Highway to Residential to accommodate a residential development adjacent to the Clarenville Inn Property exiting off Memorial Drive.

The Clarenville Municipal Plan Amendment No. 1, 2003 and Development Regulations Amendment No. 3, 2003 come into effect on the day th at this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Clarenville Municipal Plan Amendment No.1, 2003 and Development Regulations Amendment No. 3, 2003 may do so at the Town Office, Clarenville during normal working hours.

TOWN OF CLARENVILLE Town Clerk May 30 NOTICE OF REGISTRATION TOWN OF CLARENVILLE MUNICIPAL PLAN AMENDMENT NO. 2, 2003 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 4, 2003 Take notice that the Town of Clarenville Municipal Plan Amendment No. 2, 2003 and Development Regulations Amendment No. 4, 2003, adopted on the 18th day of March, 2003, (as amended) and approved on the 24th day of April, 2003, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of Municipal Plan Amendment No.2, 2003 is to re-zone property from Recreation to Commercial and Light Industrial and Recreation to Commercial General to accommodate the establishment of a Recreational Vehicle Sales and Service Centre at 18-22 Balbo Drive.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 30, 2003 266 In general terms, the purpose of Development Regulations Amendment No. 4, 2003 is to re-zone property from Recreation to Commercial and Light Industrial and Recreation to Commercial General to accommodate the establishment of a Recreational Vehicle Sales and Service Centre at 18-22 Balbo Drive. The Clarenville Municipal Plan Amendment No. 2, 2003 and Development Regulations Amendment No. 4, 2003 come into effect on the day th at this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wishes to inspect a copy of the Clarenville Municipal Plan Amendment No.2, 2003 and Development Regulations Amendment No. 4, 2003 may do so at the Town Office, Clarenville during normal working hours.

TOWN OF CLARENVILLE Town Clerk May 30 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Alfred Bellows, late of Trinity, and Elsie Bellows, late of Gander, Province of Newfoundland and Labrador, Canada, Deceased, All persons claiming to be creditors of or who have any claims or demands either as beneficiaries or next of kin (by blood, legal adoption or marriage) upon or affecting the Estate of the late Alfred Bellows, the aforesaid deceased, who died at Trinity on or about the 16th day of June, 1943; or upon or affecting the Estate of the late Elsie Bellows, the aforesaid deceased, who died at Gander on or about the 31 st day of December, 2001 are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Administrator/Executor of the Estates of the said deceased on or before the 30 th day of June, 2003, after which date the said Administrator/Executor will proceed to distribute the said Estates having regard only to the claims to which they shall then have notice.

DATED at the Town of Stephenville, Province of Newfoundland and Labrador, this 26 th day of May, 2003. STAGG, MARKS & PARSONS Administrator/Executor Per: Fred R. Stagg ADDRESS FOR SERVICE: P. O. Box 214 28 Main Street Stephenville, NL A2N 2Z4 May 30 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Wilfred Francis, late of the Town of Gander, in the Province of Newfoundland and Labrador, Retired Gentleman, deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Wilfred Francis, the aforesaid deceased, who died at the Town of Gander, in the Province of Newfoundland and Labrador on or about the 30 th day of March, 2000, are hereby requested to send particulars thereof in writing, duly attested to the undersigned Solicitor for the Administratrix of the Estate on or before the 30 th day of May, 2003, after which date the said Administratrix will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at Gander, Newfoundland and Labrador this 14th day of May, 2003. AIDAN B. BERESFORD LAW OFFICE Solicitor for the Administratrix Per: R. Archibald Bonnell ADDRESS FOR SERVICE 218 Airport Boulevard Gander, NL A1V 1L6 May 23 & 30 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that T.W.L. Enterprises Ltd. of Trinity, Trinity Bay, Newfoundland, Newfoundland and Labrador intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) (

a) of the said Act, to that piece or parcel of Crown Land situated

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 30, 2003 267 within fifteen metres of th e waters of Southwest Arm at Trinity, in the Electoral District of Trinity North, Newfoundland and Labrador, for the purpose of a shipyard. and being more particularly described as follows: Bounded on the North by the Waters of Southwest Arm for a distance of 60.0 m; Bounded on the west by the waters of Southwest Arm for a distance of 170 meters; Bounded on the south partly by the waters of Southwest Arm and partly by the Crown Reserve along the foreshore for a distance of 115 meters; Bounded on the East partly by lands of Patricia Ryan by which it measures 55 meters; and partly by the lands of T.W.

L. Enterprises Ltd. by which it measures 29.63 meters, 55.24 meters, 6.81 meters, and 20.31 meters. Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Eastern Regional Lands Office, 5 Mews Place, P. O. Box 8700, St. John’s, NL., A1B 4J6. For further information regarding the proposed application, please contact Wayne F. Spracklin, Q.C. , White, Ottenheimer & Baker, P. O. Box 5457, St. John’s, NL A1C 5W4 . Telephone (709) 570-7321.

May 30 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- KATHERINE SNOW of P.O. Box 176, Change Islands, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from TENISHA IDA KING to TENISHA IDA SAUNDERS DATED this 22nd day of May, 2003.

KATHERINE SNOW (Signature of Applicant) May 30 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- TERRI LYNN ROSSITER of 561 Topsail Road, St. John’s, A1E 2C8, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from NAKITA ANN ROSSITER-SNOW to NAKITA ANN ROSSITER DATED this 26th day of May, 2003.

TERRI LYNN ROSSITER (Signature of Applicant) May 30 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SHIRLEY LORRAINE RICE of 8 Bungay’s Avenue, P. O. Box 2135, Port aux Basques, A0M 1C0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from WILLIAM GEORGE ALEXANDER MAUGER to WILLIAM GEORGE ALEXANDER ALYWARD DATED this 19 th day of May, 2003.

SHIRLEY RICE (Signature of Applicant) May 30

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 30, 2003 268 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- KAREN E. VEY of 20 Ollerweg Heights, A1X 7P4, in the Province of Newfoundland and Labrador, as follows: To change my name from KAREN VEY to KAREN VEY-PELLEY To change my minor unmarried children’s name from MELLISSA RAQUEL VEY to MELLISSA RAQUEL PELLEY DANIEL BRENDAN VEY to DANIEL BRENDAN PELLEY DATED this 20th day of May, 2003. KAREN E. VEY (Signature of Applicant) May 30

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 78 ST. JOHN'S, FRIDAY, MAY 30, 2003 No. 22 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 52/03 NLR 53/03 NLR 54/03 NLR 55/03 NLR 56/03 NLR 57/03 NLR 58/03 NLR 59/03 NLR 60/03 NLR 61/03 NLR 62/03 NLR 63/03 NLR 64/03 NLR 65/03

The Newfoundland and Labrador Gazette May30, 2003 399 NEWFOUNDLAND AND LABRADOR REGULATION 52/03 Milk Regulations, 1998 (Amendment) under the Milk Scheme, 1998 and the Natural Products Marketing Act (Filed May 23, 2003) Under the authority of

section 8 of the Milk Scheme, 1998 and the Natural Products Marketing Act, the Dairy Farmers of Newfoundland and Labrador make the following regulations. Dated at St. John’s, May 22, 2003. Martin J. Hammond Executive Director Diary Farmers of Newfoundland and Labrador REGULATIONS Analysis 1. S.22 R&S Minimum price for milk 2. Commencement

Section 22 of the Milk Regulations, 1998 is repealed and the following substituted: NLR 69/98 as amended

Milk Regulations, 1998 (Amendment) 52/03 The Newfoundland and Labrador Gazette May30, 2003 400 22. The minimum price at which milk, 3.6 kilograms butterfat con- tent shall be bought, sold or offered for sale F.O.B. registered proces- sors’ premises in the province shall be $0.8600 per litre and for every one-tenth kilogram in excess of th at butterfat content, the minimum price of milk shall be increased by a premium of $0.22 per one-tenth kilogram butterfat content per litre. 2. This regulation shall come into force on June 1, 2003. ©Earl G. Tucker, Queen's Printer Minimum price for milk Commencement

401 NEWFOUNDLAND AND LABRADOR REGULATION 53/03 Proclamation bringing Act into force under the Farm Practices Protection Act (o.c. 2003-219) (Filed May 23, 2003) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Ot her Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. E D W A R D R O B E R T S K E L V I N P A R S O N S L i e u t e n a n t - G o v e r n o r M i n i s t e r o f J u s t i c e TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 19 of the Farm Practices Protection Act, S.N.L 2001, cF-4.1, (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant-Governor in Council; AND

WHEREAS it is deemed it expedient that the Act shall now 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 declare and direct that the Farm Practices Protection Act , S.N.L 2001, cF-4.1, shall come into force on May 30, 2003. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed.

402The Newfoundland and Labrador Gazette May 30, 2003 WITNESS: Our trusty and well-beloved the Honourable Edward Roberts, one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 22 nd day of May, in the year of Our Lord two thousand and three in the fifty-second year of Our Reign. BY COMMAND, OLIVER LANDGON Registrar General

The Newfoundland and Labrador Gazette May 30, 2003 403 NEWFOUNDLAND AND LABRADOR REGULATION 54/03 Environmental Assessment Regulations, 2003 under the Environmental Protection Act (O.C. 2003-220) (Filed May 23, 2003) Under the authority of

section 111 of the Environmental Protec- tion Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 21, 2003. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions

PART I PROCEDURE 3. Registration information and notices 4. Determination under

section 51 of Act 5. Assessment committees 6. Public review of guidelines 7. Environmental preview report 8. Environmental impact statement guidelines 9. Estimated costs 10. Proponent consultation with public 11. Environmental impact statement 12. Component studies 13. Board 14. Hearings 15. Report 16. Recommendations 17. Term of decision 18. Class assessment

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 404 19. Announcements and notices 20. Time extensions 21. Copies 22. Security

PART II SCREENING 23. Screening criteria for release 24. Screening criteria for envi- ronmental preview report 25. Screening criteria for envi- ronmental impact statement

PART III DESIGNATED UNDERTAKINGS AND EXCEPTIONS 26. Designated undertakings 27. Decommissioning 28. Salmon river 29. Aquaculture 30. Forestry and logging 31. Exception 32. Oil and Gas extraction 33. Mining 34. Utilities 35. Prime contracting 36. Construction servicing 37. Food and beverage manu- facturing 38. Textiles and leather 39. Wood products and paper 40. Petroleum and coal products 41. Chemical manufacturing 42. Plastic and rubber products 43. Non metallic mineral prod- uct 44. Primary metals and metal manufacturing 45. Petroleum product and other wholesaler-distributors 46. Air transportation 47.

Waste management 48. Spectator sports and recrea- tion industries 49. Accommodation services 50. Application of paint, var- nish, etc. 51. Provincial administration 52. Limitation 53. NLR 48/00 Rep. 1. These regulations may be cited as the Environmental Assess- ment Regulations, 2003. 2. In these regulations (a) "Act" means the Environmental Protection Act; (b) "commenced" and "commencemen t" mean the point in time when significant work has been carried out on the site of an undertaking; (c) "development plan" means (

i) a municipal plan, joint municipal plan, regional plan, local area plan, protected area plan or protected road as described in the Urban and Rural Planning Act, and (ii) upon the coming into force of the Urban and Rural Planning Act, 2000, a plan as defined in that Act;

Short title

Definitions

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 405 (d) "haul road" means a temporar y road that is not more than 500 metres from a resource extraction operation for the pur- pose of conveying the extracted resources to a collection point, processing facility or road; (e) "registered" and "registration" mean registered under

section 49 of the Act; (f) "right of way" means a right of way, easement or allowance existing and maintained for the purpose of (

i) a road, (ii) an electric power transmission line or cable, (iii) a telecommunication transmission trunk line or cable, (iv) a railway line, or (

v) a trunk pipeline for the transportation of a gaseous or liquid substance; and (g) "road" means a highway as defined in the Highway Traffic Act and a private place or way over which a four-wheel drive motor vehicle may travel.

PART I PROCEDURE 3.

(1) Where an undertaking is registered, the minister may require the proponent of that undertaking to provide to him or her additional information and documentation relating to the undertaking and may require that the registration, additional information or documentation be provided, in whole or in part, by electronic, computerized or other means of telecommunication.

(2) The minister shall announce the registration of an undertak- ing not more than 7 days after that registration and shall make copies of the registration documentation available to interested members of the public.

(3) A person who wishes to make responses to or comments on registration documentation made available under subsection (2) shall Registration infor- mation and notices

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 406 submit those responses or comments to the minister, in writing, not more than 35 days after the announcement is made under that subsec- tion. 4.

(1) The minister shall, in writing, advise the proponent of his or her decision under subsection 51(1) of the Act not more than 45 days after the registration of the undertaking.

(2) Notwithstanding subsection (1), where, under subsection 50(2) of the Act, the minister notifies the Lieutenant-Governor in Council that an undertaking is contrary to law or a policy, the minister shall, in writing, give notice to the proponent of a determination or di- rection of the Lieutenant-Governor in Council made under that subsec- tion not more than 60 days after an undertaking has been registered and where there is no direction that th e undertaking not proceed, the minis- ter shall, in writing give notice to the proponent of his or her decision, under subsection 51(1) of the Act not more than 45 days after receiving the determination or direction of the Lieutenant-Governor in Council.

(3) Not more than 10 days after advice or a notice has been given to a proponent under subsection (1) or (2), the minister shall an- nounce the decision given in that notice. 5.

(1) A person appointed to a committee shall be an employee of the government of the province or of Canada.

(2) Where a division of a department of the government of the province or of Canada is the proponent of an undertaking, an employee of that division shall not be appointed to a committee advising the minister on that undertaking.

(3) A person appointed to a committee to advise on an under- taking shall not own or have another interest in property located within or adjacent to the area proposed fo r that undertaking upon appointment to and for the duration of the existence of the committee.

(4) The duties of a committee shall include the (

a) preparation of guidelines for the environmental preview re- port and the environmental impact statement; (

b) review of reports and studies carried out for the proponent; Determination under

section 51 of Act Assessment com- mittees

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 407 (

c) review of environmental preview reports, component studies and environmental impact statements; (

d) submission of comments, recommendations and advice to the minister on matters related to paragraphs (

a) to (c); and (

e) attendance at meetings with respect to matters referred to in paragraphs (

a) to (d).

(5) The chairperson of a comm ittee may, following the ap- pointment of the committee and before the preparation of the guide- lines,

schedule and hold a meeting of the committee and the proponent.

(6) A meeting held under subsection (5) is to facilitate the mu- tual understanding of the undertaking, the Act and the regulations, to assist the proponent in designin g an environmentally acceptable un- dertaking and to discuss issues and conflicts that are to be resolved during the environmental assessment of the undertaking.

(7) A committee shall prepare the required guidelines and the minister shall issue those guidelines to the proponent not more than 60 days after the proponent has been notified of the determination under paragraph 51(1)(

a) of the Act and not more than 120 days after the pro- ponent has been notified of the determination under paragraph 51(1)(

b) or 54(5)(

a) of the Act. 6.

(1) When the minister announces a request under subsection 59(1) of the Act with respect to an environmental impact statement required under paragraph 51(1)(

b) or 54(5)(

a) of the Act, responses and comments with respect to those guidelines shall be submitted to the minister, in writing, not more than 40 days after that announcement has been made.

(2) After receipt and consideration of responses and comments submitted within the time permitted under subsection (1) the minister may direct the committee to amend or vary the guidelines before ap- proving them.

(3) Notwithstanding that the minister has approved guidelines for an environmental preview report or an environmental impact state- ment, he or she may, where new information relevant to the undertak- ing and the environmental assessment of the undertaking becomes available, amend or vary those guidelines. Public review of guidelines

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 408 7.

(1) Upon receipt of an environm ental preview report the minis- ter shall give that report to the committee for examination.

(2) The minister shall announce his or her receipt of an envi- ronmental preview report not more than 7 days after that receipt and shall make copies of the report available to interested members of the public.

(3) A person who wishes to make responses to or comments on an environmental preview report made available under subsection (2) shall submit those responses or comments to the minister, in writing, not more than 35 days after the announcement is made under that sub- section.

(4) The committee shall make a recommendation to the minister indicating whether or not (

a) the environmental preview report is deficient; (

b) an environmental impact statement is required; or (

c) the undertaking may be released.

(5) Where the minister has a requirement under subsection 54(4) of the Act, he or she shall give notice of that requirement to the propo- nent not more than 45 days after he or she has received the environ- mental preview report. (6) Subsections (1) to (4) apply to requirements of the minister under subsection 54(4) of the Act.

(7) Where, under subsection 54(5) of the Act, the minister de- termines that an environmental preview report complies with the Act and the guidelines and requires no fu rther work, he or she shall, not more than 45 days after his or her receipt of an environmental preview report or an amended or revised environmental preview report that re- quires no further work advise the proponent, in writing, that an envi- ronmental impact statement is requi red or that the undertaking may be released.

(8) The minister shall announce his or her decision under sub-

section 54(5) of the Act not more than 10 days after advising the pro- ponent under subsection (7). Environmental preview report

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 409 8.

(1) The guidelines required for an environmental impact state- ment shall include a requirement to (

a) describe significant environmen tal effects that are beneficial or harmful that are likely to be caused by the undertaking re- gardless of the proper application of all control, mitigation and remedial measures to be proposed in the environmental impact statement; (

b) specifically list and cite all sources of information in the environmental impact statement; (

c) outline the design of studies necessary to provide additional information for the preparation of an environmental impact statement; (

d) address the concerns identified in complying with sections 57 and 58 of the Act by including within the environmental impact statement specific resp onses to those concerns and, where appropriate, specific pr oposals for measures to deal with them; and (

e) provide to the minister copies of all reports on studies un- dertaken in order to satisfy the guidelines and those reports shall be provided to the minist er as soon as they are com- pleted.

(2) The minister shall announce and make available to the pub- lic the approved guidelines not more than 10 days after those guidelines have been issued to the proponent under subsection 5(7). 9. The proponent shall provide to the minister information on the estimated capital costs of the undertaking. 10.

(1) A proponent shall notify the minister and the public of a meeting scheduled with the public under

section 58 of the Act not fewer than 7 days before that scheduled meeting.

(2) Where the guidelines for an environmental preview report require that the proponent meet w ith the public, the proponent shall notify the minister and the public of the scheduled meeting not fewer than 7 days before that meeting. Environmental impact statement guidelines Estimated costs Proponent consul- tation with public

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 410

(3) The minister may require that he or she be represented at a meeting referred to in subsection (1) or (2). 11.

(1) Upon receipt of an environm ental impact statement the min- ister shall give that statement to the committee for examination.

(2) The minister shall announce his or her receipt of an envi- ronmental impact statement not more than 7 days after that receipt and shall make copies of the statement available to interested members of the public.

(3) A person who wishes to make responses to or comments on an environmental impact statement made available under subsection (2) shall submit those responses or comments to the minister, in writing, not more than 50 days after the announcement is made under that sub- section.

(4) The committee shall make a recommendation to the minister indicating whether or not the (

a) environmental impact statement is deficient; or (

b) undertaking may be released.

(5) Where the minister has a requirement under

section 61 of the Act, he or she shall give notice of that requirement to the proponent not more than 70 days after he or sh e has received the environmental im- pact statement. (6) Subsections (1) to (4) and

section 60 of the Act apply to re- quirements of the minister under

section 61 of the Act.

(7) Where, under

section 60 of the Act, the minister determines that an environmental impact statement complies with the Act and the guidelines and requires no further work, he or she shall, not more than 70 days after his or her receipt of an environmental impact statement or an amended or revised environmental impact statement that requires no further work advise the proponent, in writing, that the statement com- plies with the Act and the guidelines and that no further work is re- quired. Environmental impact statement

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 411

(8) The minister shall announce his or her decision under sec- tion 60 of the Act not more than 10 days after advising the proponent under subsection (7). 12.

(1) The minister may require a proponent to prepare and submit a component study as a part of the environmental impact statement and that component study shall describe and provide data on specific com- ponents of the environment as required by the guidelines for the envi- ronmental impact statement.

(2) Upon receipt of a component study the minister shall give that study to the committee for examination.

(3) The minister shall announce his or her receipt of a compo- nent study not more than 7 days after that receipt and shall make copies of the study available to interested members of the public.

(4) A person who wishes to make responses to or comments on a component study made available under subsection (3) shall submit those responses or comments to the minister, in writing, not more than 35 days after the announcement is made under that subsection.

(5) The committee shall make a recommendation to the minister indicating whether or not the component study (

a) is deficient; or (

b) complies with the guidelines and requires no further work.

(6) Where the minister determines that a component study requires further work he or she shall give notice to the proponent of that requirement not more than 50 days after he or she has received the component study. (7) Subsections (2) to (5) apply to the requirements of the min- ister under subsection (6).

(8) Where the minister determines that a component study com- plies with the guidelines and requires no further work, he or she shall, not more than 50 days after his or her receipt of the component study or an amended or revised study that requires no further work, advise the proponent, in writing, that the study complies with the guidelines and that no further work is required. Component studies

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 412

(9) The minister shall announce his or her determination under subsection (8) not more than 10 days after advising the proponent under that subsection. 13.

(1) Where, under subsection 63(1) of the Act, the minister ad- vises the Lieutenant-Governor in Council to order public hearings, that advice shall be given to the Lieutenant-Governor in Council not more than 30 days after advising the proponent that the environmental impact statement complies with the Act and the guidelines.

(2) The Lieutenant-Governor in Council may appoint a board under

section 63 of the Act not more than 30 days after receipt of ad- vice from the minister under subsection (1).

(3) Where the Lieutenant-Governor in Council has appointed a board, the minister shall announce the persons appointed to and terms of reference for the board not more than 10 days after the appointment of that board.

(4) An announcement under subsec tion (3) shall contain a pro- posed date for the start of public hearings, a deadline for receiving no- tices of an intention to appear and an invitation to the public to advise the chairperson of the board of their intention to appear at those hear- ings.

(5) The powers, duties and terms of reference of a board shall be determined in accordance with the Act, regulations and as determined by the Lieutenant-Governor in Council at the time of the appointment of that board. 14.

(1) Public hearings held by a board shall start not sooner than 30 days and not more than 90 days after an announcement made under subsection 11(8) or 13(3), whichever is later.

(2) The board shall determine a procedure at a hearing.

(3) A proponent shall provide to a board adequate answer to all questions asked at a public hearing that the board considers to be perti- nent.

(4) Answers required under subsection (3) shall be provided during the hearings or not more than 30 days after the closing date of the hearings. Board Hearings

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 413

(5) Copies of all written briefs submitted to a board and copies of the proceedings of hearings shall be made available to the proponent and to interested members of the public.

(6) Copies of written briefs provided to the board by the propo- nent shall be supplied in the quantity required by the board. 15.

(1) A board shall submit its report under

section 65 of the Act to the minister not more than 45 days after the closing date of the hear- ings.

(2) Notwithstanding subsection (1), where the minister is of the opinion that it is justified, he or she may extend the time for the sub- mission of a report by the board.

(3) The minister shall announce hi s or her receipt of a report not more than 7 days after that receipt and shall make copies of the report available to interested members of the public. 16. The minister shall make a recommendation to the Lieutenant- Governor in Council under

section 67 of the Act (

a) not more than 30 days after advising the proponent under subsection 11(7); or (

b) where public hearings have been held, not more than 60 days after receiving the report of the board. 17.

(1) Where, under subsection 51(1) of the Act, the minister has (

a) determined that an environmental preview report is required and a report that complies with the Act and guidelines and requiring no further work has not been submitted; (

b) determined that an environm ental impact statement is re- quired and a statement that complies with the Act and guidelines and requiring no further work has not been sub- mitted; or (

c) released the undertaking an d the undertaking has not com- menced, Report Recommendations Term of decision

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 414 that determination or release remains in force for 3 years after the min- ister has advised the proponent under subsection 4(1) or (2) and after the expiration of the 3 year period that determination or release shall be considered to be void and the undertaking must be registered again.

(2) Where, under subsection 54(5) of the Act, the minister has (

a) determined that an environm ental impact statement is re- quired and a statement that complies with the Act and guidelines and requiring no further work has not been sub- mitted; or (

b) released the undertaking an d the undertaking has not com- menced, that determination or release remains in force for 3 years after the min- ister has advised the proponent under subsection 7(7) and after the ex- piration of the 3 year period that determination or release shall be con- sidered to be void and the undertaking must be registered again.

(3) Where an undertaking has not commenced, a decision of the Lieutenant-Governor in Council to release the undertaking under para- graph 67(3)(

a) of the Act with respect to that undertaking remains in force for 3 years after the proponen t has been given notice, in writing, of that decision and after the expira tion of the 3 year period that deci- sion shall be considered to be void and the undertaking must be regis- tered again.

(4) Where an undertaking has not commenced, an exemption order of the minister under paragraph 70(

a) of the Act with respect to that undertaking remains in force for 3 years after the proponent has been given notice, in writing, of the exemption and after the expiration of the 3 year period that exemption shall be considered to be void and the undertaking must be registered again.

(5) Notwithstanding subsections (1) and (2), the minister may extend the 3-year period referred to in those subsections for not more than 3 periods of one year.

(6) Notwithstanding subsection (3) the Lieutenant-Governor in Council may extend the 3-year period referred to in that subsection for not more than 3 periods of one year.

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 415

(7) Notwithstanding subsection (4 ), the minister, with the ap- proval of the Lieutenant-Governor in Council, may extend the 3 year period referred to in that subsection for not more than 3 periods of one year. 18. The minister may establish requirements for a class environ- mental assessment. 19.

(1) The minister shall make an announcement required under these regulations by (

a) issuing a press release; and (

b) mailing a notice to interested persons.

(2) Where the Lieutenant-Governor in Council has made a deci- sion under subsection 67(3) or (5) of the Act, the minister shall, not more than 10 days after that decision is made, publish a notice of the decision in the Gazette.

(3) Where, under

section 70 of th e Act, the minister exempts an undertaking from the application of the Act, the regulations or a matter provided for in the Act or the regulations, he or she shall publish a no- tice of the exemption in the Gazette.

(4) A notice under subsection (3) shall be published not more than 10 days after the date of the exemption order and shall state the reason for which the undertaking has been exempted and terms and conditions that may apply to that exemption.

(5) A request under

section 59 of the Act shall, in addition to a direct request that may be made to interested persons, be made by a press release. 20.

(1) Notwithstanding a time limitation established under these regulations for a determination, decision, response, preparation or sub- mission required under the regulations, the minister and a proponent may agree, in writing, to the extension of a required time limitation. (2) Subsection (1) shall not apply to a time limitation referred to in

section 17. Class assessment Announcements and notices Time extensions

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 416 21. The minister may require a proponent to provide to the depart- ment the number of copies of registration documents, environmental preview reports, environmental impact statements, component studies and other documents that the minister may determine are necessary and the minister may provide those copi es to interested members of the public. 22.

(1) Where an undertaking is released or exempted under the Act, the minister may require the proponent to provide financial or other security in a form, amount and for a term that the minister considers to be appropriate.

(2) A determination under subsection (1) that financial or other security is required may be for a purpose that includes the need to (

a) rehabilitate the environmental effect of an accidental or other event with respect to the undertaking; and (

b) rehabilitate the environmental effect of a failure to comply with the terms and conditions applicable to an undertaking released or exempted under the Act.

(3) The minister may determine the manner, terms and condi- tions under which financial or other security required under subsection (1) is to be varied, forfeited or returned.

PART II SCREENING 23.

(1) Where the minister releases an undertaking because (

a) there are no environmental or public concerns; or (

b) the environmental effects of the undertaking will be miti- gated under

an Act of the province or of Canada, he or she, in making a determination under paragraph (

a) or (b), may consider (

c) the comprehensiveness of the description of the undertaking; (

d) whether or not there is a demonstrated commitment by the proponent to conduct an environmentally sound undertaking; Copies Security Screening criteria for release

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 417 (

e) the compatibility of the undertaking with other resource use in the area of the undertaking; (

f) whether or not the undertaking occurs in an environmentally or other sensitive area; (

g) the defined boundaries of the undertaking and whether or not the undertaking is contained within that area; and (

h) the technology to be employed for the undertaking and whether or not it is environmentally benign.

(2) In making a determination under paragraph (1)(b), the min- ister may consider (

a) issues of concern relating to the environmental effects of the undertaking; (

b) whether or not licences, certificates, permits, approvals or other documents of authorization required at law will miti- gate the environmental effects referred to in paragraph (a); (

c) whether or not sufficient detail of the undertaking has been provided to determine the level of the known environmental effects of the undertaking; (

d) whether or not the means of determining further information have been identified; and (

e) the environmental effect of the technology to be used and mitigating factors of the technology. 24.

(1) Where the minister determines that there is insufficient detail to determine the significance of th e environmental effects of an under- taking, he or she shall require an environmental preview report for that undertaking.

(2) In making a determination under subsection (1), the minister may consider (

a) the sufficiency of detail with respect to the undertaking to determine interactions of the undertaking with the environ- ment and the environmental effects of the undertaking; Screening criteria for environmental preview report

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 418 (

b) whether or not the proponent has adequately demonstrated to the minister and to the public the ability to conduct the un- dertaking in an environmentally sound manner; and (

c) unknown or experimental technology intended to be used with respect to the undertaking. 25.

(1) Where, the minister determines with respect to an undertak- ing that there (

a) may be significant negative environmental effects; or (

b) is significant public concern, the minister shall require an environmental impact statement.

(2) In making a determination under paragraph (1)(a), the min- ister may consider (

a) whether or not the environmental baseline information pro- vided with respect to the undertaking is sufficient for pre- dicting environmental effects; (

b) whether or not original field data collection is required; (

c) whether or not the undertaking would be located in an envi- ronmentally sensitive area; (

d) whether or not hazardous or toxic substances in combination with unknown or experimental technology are intended to be used with respect to the undertaking; (

e) whether or not the undertaking emissions, discharges or ef- fluent may exceed limits imposed by law; (

f) the environmental effects of the undertaking upon rare or endangered species; and (

g) the economic importance of a resource to which the under- taking relates.

(3) In making a determination under paragraph (1)(b), the min- ister may consider whether or not Screening criteria for environmental impact statement

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 419 (

a) public acceptability of the undertaking is seriously ques- tioned; and (

b) government policy has been established to address public concerns.

PART III DESIGNATED UNDERTAKINGS AND EXCEPTIONS 26. Sections 27 to 52 shall not be construed to mean that registration under the Act is not required for an undertaking that is not referred to in those sections. 27. The minister may determine that an undertaking that will be a decommissioning or rehabilitation of a site is not required to be regis- tered. 28. An undertaking that will occur within 200 metres of the high water mark of a river that is a scheduled salmon river under the Fish- eries Act (Canada) shall be registered. 29.

An undertaking that will be engaged in farm raising fish or shellfish where that undertaking will intervene in the rearing process to enhance production by keeping the animals in captivity, stocking and feeding the animals and protecting the animals from predators includ- ing (

a) fish or shellfish farming in salt water or fresh water ; and (

b) fish or shellfish breeding and propagating or hatchery serv- ices, where the undertaking will include the construction of shore based fa- cilities other than wharves and storage buildings and (

c) permanent marine trap or weir fisheries, shall be registered. 30.

(1) An undertaking that will be engaged in the (

a) aerial application of a pesticide to a forested area; and Designated under- takings Decommissioning Salmon river Aquaculture Forestry and log- ging

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 420 (

b) establishment of a forest in a previously unforested area, shall be registered.

(2) A 5 year operating plan, shall be registered as an undertak- ing for each forest management district and shall include (

a) a description of public consultations carried out by the pro- ponent while developing a 5 year operating plan in accor- dance with the ecosystem management strategy for each for- est management district; (

b) existing and proposed primary forest access roads; (

c) operating areas designated for timber harvesting; (

d) timber harvesting methods and rehabilitation plans; (

e) an estimate of the total allowable harvest; and (

f) operating areas designated for silviculture.

(3) Notwithstanding paragraph (1 )(a), an underta king that will be engaged in the aerial application of Bacillus thuringiensis or glypho- sate is not required to be registered.

(4) Notwithstanding subsection (2), where an undertaking that is a 5 year operating plan has been re leased or exempted under the Act, the following modifications to that undertaking are not required to be registered: (

a) within one kilometre of an operating area described in para- graph (2)(c), an additional area for timber harvesting that is, in total, not more than 50 hectares in each year of the plan; (

b) within a forest management district, an additional area for silviculture treatment of not more than 20% of the total op- erating area described in paragraph (2)(

f) over the 5 year term of the plan; (

c) within an operating area described under paragraph (2)(c), not more than one kilometre, in total, of new primary forest

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 421 access road in addition to road s described under paragraph (2)(

b) in each year of the plan; and (

d) adjacent to an operating area described under paragraph (2)(c), not more than half a k ilometre, in total, of new pri- mary forest access road in each year of the plan.

(5) A proponent shall submit to the minister copies of the annual operating plan associated with a rel eased or exempted 5 year operating plan before the commencement of that plan.

(6) A 5 year operating plan sha ll be registered not fewer than 180 days before the proposed commencement of that plan.

(7) For the purpose of this

section and

section 31, the terms "an- nual operating plan", "5 year operating plan" and "forest management district" have the same meanings as in the Forestry Act.

(8) In this

section "primary forest access road" means a road that provides access to proposed areas de signated for forest harvesting or silviculture activities which has a minimum driving surface of 6.0 me- tres in width, is designed, constructed and maintained to support loaded tractor trailer traffic and has a minimum life expectancy of 3 years. 31.

(1) Notwithstanding

section 30, where the harvesting of timber has commenced in a forest management district for which there is no 5 year operating plan, that harvesting is not required to be registered until a 5 year operating plan exists for that district.

(2) The minister, in consultation with the Minister of Forest Resources and Agrifoods shall determine the date by which a 5 year operating plan shall be registered. 32. An undertaking that will be engaged in crude oil, natural gas or petroleum production facilities shall be registered. 33.

(1) An undertaking that will be engaged in the (

a) mining of bituminous coal, anthracite and lignite by under- ground, auger, strip, culm bank or surface mining; and (

b) breaking, washing, grading or otherwise beneficiating of coal, Exception Oil and Gas extrac- tion Mining

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 422 shall be registered.

(2) An undertaking that will be engaged in the mining, benefi- ciating and preparing of a mineral as defined in the Mineral Act whether or not these operations are to be performed in conjunction with a mine or at mills that will be operated separately shall be registered.

(3) An undertaking that will be engaged in the mining or quar- rying of a quarry material as defined in the Quarry Materials Act, 1998 and of dimension stone where that mining or quarrying operation cov- ers an area that is more than 10 hectares shall be registered.

(4) Notwithstanding subsection (3), an undertaking that will be engaged in the extraction and collecti on of peat where that undertaking will cover an area that is more than 2 hectares shall be registered. 34.

(1) An undertaking that will be engaged in electric power gen- eration and the provision of structures related to that power generation, including (

a) the construction of dams and associated reservoirs where the area to be flooded is more than 50 hectares; (

b) the excavation of reservoirs where the area to be flooded is more than 50 hectares; (

c) inter-basin or intra-basin water transfers; (

d) the construction of hydroelectric power developments with a capacity of more than one megawatt; (

e) diesel electric power generating plants with a capacity of more than one megawatt; (

f) gas turbine electric power generating plants with a capacity of more than one megawatt; and (

g) nuclear electric power generating plants, shall be registered.

(2) An undertaking that will be engaged in the construction of new electric power transmission lines or the relocation or realignment Utilities

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 423 of existing lines where a portion of a new line will be located more than 500 metres from an existing right of way shall be registered.

(3) An undertaking that will be engaged in the construction of new telephone lines or the relocation or realignment of existing trunk lines where a portion of a new line will be located more than 500 me- tres from an existing right of way shall be registered. 35.

(1) An undertaking that will be engaged in construction projects other than buildings that involve the (

a) construction of pipelines for the transmission of oil, natural gas and other related products from the source to the point of distribution where a portion of the pipeline is to be located more than 500 metres from an existing right of way; and (

b) construction of roads or the relocation or realignment of existing roads where a portion of the road will be more than 500 metres from an existing right of way, shall be registered.

(2) An undertaking that will be engaged in the construction of a (

a) trunk pipeline for the transmission of water from a source to a point of distribution; and (

b) trunk sewer pipeline, where a portion of that pipeline w ill be more than 500 metres from an existing right of way shall be registered.

(3) An undertaking that will be engaged in the construction of a trunk sewer pipeline outfall shall be registered.

(4) An undertaking that will be engaged in (

a) the construction of a breakw ater structure where the break- water will be more than 100 metres in length; (

b) the construction of a dyke, levee or other flood control structure; Prime contracting

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 424 (

c) the construction of a canal or other artificial waterway where the width of the canal or artificial waterway will be more than 3 metres as measured at the ground surface; (

d) inter basin or intra-basin water transfers; (

e) draining of land where the area of land to be drained will be more than 50 hectares; (

f) land reclamation or land filling of an underwater area where a portion is to be located with in an estuary or the area to be reclaimed or filled is more than 5 hectares; (

g) the construction of a new railway line or the realignment of an existing railway line where a portion of that line will be more than 500 metres from an existing right of way; (

h) the construction of a railway yard; (

i) the construction of a service depot or equipment storage yard; and (

j) the excavation of a tunnel, sh aft, portal or cavern where a quantity of material more than 1000 cubic metres is to be extracted, shall be registered. 36.

(1) An undertaking that will be engaged in (

a) developing or servicing land for subsequent sale, transfer or lease where the total area of the land being developed or serviced will be more than 10 hectares; (

b) land clearing where the total area of land to be cleared will be more than 50 hectares; and (

c) the modification of a watercourse where a total of more than one kilometre of the length of the watercourse will be in- volved, shall be registered. Construction serv- icing

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 425

(2) Notwithstanding subsection (1) and

section 35, an under- taking that (

a) will be a haul road used for logging, mining or quarrying purposes; (

b) will be a road designated within a development plan; (

c) will be a breakwater constructed entirely on or immediately adjacent to a natural shoreline; (

d) will be a railway yard located entirely within an area desig- nated for that purpose in a development plan; (

e) will be a service depot or equipment storage yard located entirely within an area designat ed for that purpose in a de- velopment plan; (

f) is land that will be developed entirely within an area desig- nated for that purpose in a development plan; and (

g) is land that will be cleared entirely within an area designated for that purpose in a development plan, is not required to be registered. 37.

(1) An undertaking that will be (

a) engaged in food and feed manufacturing for animals; (

b) engaged in meat and poultry product manufacturing includ- ing animal slaughtering; (

c) an abattoir or a meat, poultry fat or oil processing facility; (

d) engaged in seafood product preparation and packaging; and (

e) engaged in beverage manufacturing, including (

i) brewing beer, ale or malt liquors, and Food and beverage manufacturing

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 426 (ii) manufacturing wine or brandy from grapes or other fruits including growing or purchasing fruit to manu- facture and blend wine or distil liquor, shall be registered.

(2) Notwithstanding paragraph (1)(d), an undertaking that is a portable seafood processing facility or a secondary seafood processing facility is not required to be registered.

(3) Notwithstanding subsection (1), that subsection shall not apply to an undertaking that is carried out by a natural person for his or her personal use. 38. An undertaking that will be engaged in (

a) manufacturing yarn or textile fabrics; (

b) finishing yarn and thread, tex tile fabrics or textile products, except carpets and rugs; (

c) the bleaching, dying, printing, chemical finishing or me- chanical finishing of fabric; (

d) manufacturing coated or laminated fabrics and finishing fabrics or clothing by sizing, bleaching, dying, printing, chemically treating, coating, laminating, rubberizing, var- nishing, waxing or other similar process; (

e) manufacturing and finishing non clothing textile products, including carpets, rugs, curtains, draperies and linens in a manner referred to in paragraphs (

a) to (d); and (

f) tanning, currying, colouring, processing and finishing hides and skins into leather, shall be registered. 39.

(1) An undertaking that will be engaged in the manufacturing of products from wood including (

a) sawing logs into lumber and other products that will have more than a 1200 cubic metre annual production; Textiles and leather Wood products and paper

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 427 (

b) treating lumber, plywood, poles and wood with preservatives and pressure treating to preven t decay and to protect against fire or insects; (

c) manufacturing soft wood and hardwood veneer, plywood and structural wood members and reconstituted wood panel products; and (

d) manufacturing waferboard, particleboard and fibreboard mills, shall be registered.

(2) An undertaking that will be engaged in the manufacturing of newsprint, paper, paper products, paperboard, paperboard containers or pulp, whether by mechanical or chemical means and including de- inking facilities shall be registered. 40.

(1) An undertaking that will be engaged in refining or manu- facturing crude petroleum, petroleu m, coal products, asphalt paving, roofing and saturated materials, asphalt shingle and coating materials shall be registered.

(2) Notwithstanding subsection (1), an undertaking that is a portable asphalt manufacturing plant is not required to be registered. 41. An undertaking that will be engaged in manufacturing (

a) chemicals and chemical preparations from organic and inor- ganic raw materials; (

b) petrochemicals; (

c) industrial organic and inorganic gases in compressed , liquid and solid forms; (

d) inorganic or organic chemicals; (

e) resin and synthetic rubber, artificial and synthetic fibres and filaments from organic polymers and petrochemicals; (

f) pesticide, fertilizer and other agricultural chemicals whether natural organic or chemical in origin and mixtures of these; Petroleum and coal products Chemical manu- facturing

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 428 (

g) pharmaceutical products, medi cine and drugs for human or animal use; (

h) paint, varnish, filler, stain or other coatings including mixing pigment, solvent and binder into paint, varnish, filler, stain and other coatings; (

i) glue, adhesives and related products; (

j) soap and cleaning compounds including toilet preparations, room fresheners, detergents, polishing preparations, drain pipe solvents, dry-cleaning pr eparations, fabric softeners, finishing agents, soap, surfactants, toothpaste, tooth powder and waxes; (

k) printing inks and ink jet inks ; (

l) explosive preparations, detonators and explosive devices; and (

m) compounds or other chemical products including photo- graphic films or plates, shall be registered. 42.

(1) An undertaking that will be engaged in the manufacturing of plastic or rubber products by processing raw rubber or plastics materi- als or by recycling these materials (

a) by compression, extrusion, injection or blow moulding or casting; (

b) by converting plastic resins into unsupported plastic films, sheets and bags ; (

c) into plastic pipe, pipe fittings, tubing, unsupported profile shapes, laminated plastic plate, sheets, rods and shapes, polystyrene foam products, urethane foam products, resilient floor coverings, plastic bottle and other plastic products; (

d) by processing natural, synthetic or reclaimed rubber into tubing, tires or rubber hose; Plastic and rubber products

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 429 (

e) into tires; and (

f) into rubber and plastic hose and belting and other rubber products, shall be registered.

(2) Notwithstanding paragraph (1 )(e), an underta king that will be engaged in the retreading or rebu ilding of tires is not required to be registered. 43.

(1) An undertaking that will be engaged in the manufacturing of structural clay products shall be registered.

(2) An undertaking that will be engaged in the manufacturing of cement and concrete products including the (

a) production of hydraulic cement; and (

b) manufacturing of concrete pipe, brick and block from a mixture of cement, water and aggregate, shall be registered.

(3) An undertaking that will be engaged in the manufacturing of (

a) quicklime, hydrated lime and dead burned dolomite by crushing, screening and roasting of limestone, dolomite shells or other sources of calcium carbonate; and (

b) products composed wholly or chiefly of gypsum, shall be registered.

(4) An undertaking that will be engaged in manufacturing (

a) abrasive grinding wheels, ab rasive coated materials and other abrasive products; and (

b) other non-metallic mineral products including refractory, asbestos, gypsum, fibrous glass, mineral wool and drilling muds materials, Non metallic min- eral product

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 430 shall be registered. 44.

(1) An undertaking that will be engaged in (

a) smelting and refining ferrous and non ferrous metals from ore, pig or scrap in blast or electric furnaces, making metal alloys by adding chemical el ements to the process and pro- ducing sheet, strip, bars, rods, wires, castings and other basic metal products; (

b) manufacturing iron and steel pipe and tube, drawing steel wire and rolling steel shapes from purchased steel; (

c) extracting alumina from baux ite ore, producing aluminium from alumina, refining aluminium by any process and roll- ing, drawing, extruding and alloying aluminium and alu- minium-based alloy shapes and recovering aluminium from scrap; (

d) smelting, refining, rolling, drawing, extruding and alloying non ferrous metal other than aluminium; and (

e) pouring molten metal into moulds or dies to form castings, shall be registered.

(2) An undertaking that will be engaged in forging, stamping, forming, turning and joining processes to produce ferrous and non- ferrous metal products shall be registered.

(3) An undertaking that will be engaged in (

a) operating a dry-dock or shipyard, manufacturing, construct- ing, repairing, altering or converting ships or boats of more than 4.54 tonnes displacemen t including marine production platforms for petroleum, natural gas or mineral resource ex- traction; and (

b) the establishment or expansion of commercial facilities to be involved in the application of paint, varnish, lacquer, primer, resin and fibreglass with respect to a ship, boat or marine production platform, Primary metals and metal manufactur- ing

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 431 shall be registered.

(4) Notwithstanding subsection (3), an undertaking that will be located on property owned by a natural person where the purpose of that undertaking is to build or repair his or her fishing vessel, is not required to be registered. 45.

(1) An undertaking that will be engaged in wholesaling crude oil, liquefied petroleum gases, heating oil and other refined petroleum products where the total storage capacity will be more than 2,000,000 litres shall be registered.

(2) An undertaking that will be engaged in the assembling, breaking up, sorting or wholesale trading of scrap, junk or waste mate- rial of any type shall be registered.

(3) Notwithstanding subsection (2), an undertaking that will be engaged in the wholesale trading of waste materials designated for re- use or recycling is not required to be registered. 46. An undertaking that will be engaged in the establishment and operation of permanent airports on land or water shall be registered. 47.

(1) An undertaking that will be engaged in the (

a) establishment of a waste disposal site where the population to be served by the site is more than 5000; and (

b) collection, storage or disposal of hazardous waste materials, shall be registered.

(2) Notwithstanding subsection (1), an undertaking that will be engaged in the collection and temporary storage of hazardous waste materials destined for recycling is not required to be registered. 48.

(1) An undertaking that will be engaged in the establishment or operation of (

a) a horse racetrack; Petroleum product and other whole- saler-distributors Air transportation Waste management Spectator sports and recreation industries

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 432 (

b) a motorized vehicle racetrack; (

c) downhill or cross country skiin g facilities, including trails, where the (

i) area of land to be developed will be more than 10 hec- tares, or (ii) total length of the trails will be more than 10 kilometres; (

d) a marina; (

e) inclined railways, aerial lifts and tows; (

f) trails and facilities for motorized recreational vehicles; (

g) a golf course where (

i) the total area to be cleared is more than 50 hectares, or (ii) a portion of the land to be cleared is within 200 metres of a high water mark; and (

h) trails where the length of a tr ail will be more than 10 kilo- metres, shall be registered.

(2) Notwithstanding subsection (1), an undertaking that will be a (

a) marina operation located entirely within an area designated for that purpose within a development plan; (

b) trail designated or approved for use under the Motorized Snow Vehicles and All-Terrain Vehicles Act; and (

c) trail located entirely within an area designated for that pur- pose in a development plan or in a provincial park estab- lished under the Provincial Parks Act, is not required to be registered.

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 433 49.

(1) An undertaking that will be engaged in the establishment and operation of a (

a) camping ground; (

b) travel trailer park; and (

c) recreation or vacation camp, where the area of the land to be de veloped is more than 10 hectares, shall be registered.

(2) Notwithstanding subsection (1), where the area of land to be developed for an undertaking referred to in that subsection is located entirely within an area designated for that purpose in a development plan, that undertaking is not required to be registered. 50. An undertaking that will be engaged in the establishment of or expansion of a commercial facility th at will be involved in the applica- tion of paint, varnish, lacquer, primer, resin, coating or fibreglass shall be registered. 51.

(1) An undertaking that will be engaged in the administration of a provincial government program that will (

a) introduce an exotic species of animal or plant into the prov- ince; (

b) introduce a species of animal or plant that is native to an area of the province into another area of the province where, actually and historically, that species does not occur or is not known to occur; and (

c) designate Crown land for cottage development or other rec- reational development where the total area will be more than 10 hectares, shall be registered.

(2) Notwithstanding paragraph (1)(

c) an undertaking that is re- ferred to in that paragraph that will be located within an area designated for that purpose in a development plan is not required to be registered. Accommodation services Application of paint, varnish, etc. Provincial admini- stration

Environmental Assessment Regulations, 2003 54/03 The Newfoundland and Labrador Gazette May 30, 2003 434 52. Notwithstanding that an undertaking is not required to be registered because it is smaller th an a specified limitation with respect to time, area, length, volume, size or output, where (

a) there is an extension of or a new undertaking adjacent to that existing undertaking; and (

b) the total size of the extended or new undertaking added to the existing undertaking will exceed the specified limitation with respect to time, area, length, volume, size or output, that extended or new undertaking shall be registered. 53. The Environmental Assessment Regulations, 2000 , Consoli- dated Newfoundland and Labrador Regulations 48/00, are re- pealed. ©Earl G. Tucker, Queen's Printer Limitation NLR 48/00 Rep.

The Newfoundland and Labrador Gazette May 30, 2003 435 NEWFOUNDLAND AND LABORADOR REGULATION 55/03 Ozone Depleting Substance Regulations, 2003 under the Environmental Protection Act (O.C. 2003-222) (Filed May 23, 2003) Under the authority of

section 111 of the Environmental Protec- tion Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 21 2003. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application 4. Prohibition of release 5. Secure equipment 6. Reporting releases 7. Disposal of equipment 8. Wholesalers 9. Seller take back 10. Containers 11. Certification 12. Service 13. Leak testing 14. Notice 15. Leak testing 16. Motor vehicles 17. Compressor purge 18. Extended non-operation 19. Sale and purchase of refrig- erants 20. Labelling and record keep- ing

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 436 21. Fire extinguishing 22. Prohibition 23. Servicing 24. Repeal

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F 1. These regulations may be cited as the Ozone Depleting Sub- stance Regulations, 2003. 2. In these regulations (a) "air conditioning or refrigera tion equipment" means an air conditioning, heat pump, re frigeration or freezer unit, equipment or system, whether household, commercial, sta- tionary or mobile, including a motor vehicle air conditioner, which contains, normally contains or is designed to contain a regulated substance listed in

Schedule A, B or C; (b) "approved container" means a refillable pressurized con- tainer, other than as a part of another product, with a total capacity of greater than 10 kilograms designed specifically to contain regulated substan ces and which meets the re- quirements of the Transportation of Dangerous Goods Regulations under the Transportation of Dangerous Goods Act (Canada); (c) "approved person" means a person who has successfully completed an environmental awareness course for ozone de- pleting substances accepted by Environment Canada and the minister, and who holds a certificate issued under

section 11; (d) "certificate" is the certificate awarded for completing an approved environmental awareness course under

section 11; (e) "code of practice" means the most recent published version of the "Code of Practice for the Reduction of Chlorofluoro- carbon Emissions from Refrigeration and Air Conditioning Systems" being published by Environment Canada, EPS 1/RA/2 March 1996;

Short title

Definitions

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 437 (f) "decommission" means to take equipment or a system out of service intending not to return it to its existing use; (g) "disposal of equipment" means to sell or transfer in an oper- ating condition or a non-operating condition as solid waste to a waste disposal site or as scrap; (h) "extended non-operation" means a system or piece of equipment which has not been or will not be operated for a period of more than 8 months; (i) "fire extinguishing equipment" means a fire extinguishing system or a portable fire extinguisher; (j) "fire extinguishing system" means a fire extinguishing sys- tem that is not manually transportable, a fire suppression system or an explosion suppression system and includes re- lated equipment other than a portable fire extinguisher; (k) "halon" means a substance or mixture mixed in

Schedule D; (l) "minister" means the minister responsible for the Environ- mental Protection Act; (m) "motor vehicle air conditioner" means an air conditioning unit or system of a motor powered vehicle, including cars, trucks, buses, tractors and other similar applications, other than an aircraft, whether or not it would be a vehicle under the Highway Traffic Act , if that unit or system is driven by an engine and is a mechani cal vapour compression refrig- eration system that provides cooling for the vehicle operator or passenger; (n) "operator" means, with respect to equipment rated at 3 horsepower or greater, the representative of the owner or person designated by the owner to be responsible for the op- eration of the equipment; (o) "ozone depleting substance" means a substance listed in

Schedule A, B, D or E; (p) "portable fire extinguisher" m eans a fire extinguisher that is manually transportable;

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 438 (q) "reclaim" means to take recovered material to a process plant or operation where the quality is improved to meet the Air Conditioning & Refrigeration Institute "1988 Standard for Specifications for Fluorocar bon Refrigerants - Standard 700"; (r) "recover" means to remove and contain a regulated sub- stance in an approved contai ner outside the system from which it was removed; (s) "recycle" means to recover material from a system or piece of equipment and pass it through driers, filters, oil separators and other devices which are on the recycling equipment to improve the quality of refrigerant prior to reuse; (t) "refrigerant" means a substance listed in

Schedule A, B, C or F which is used in air conditioning or refrigeration equip- ment; (u) "registration number" means the registration number issued by the minister to an approved person; (v) "regulated substance" means a substance or mixture listed in Schedules A to F; (w) "reuse" means to return a recovered regulated substance, without further cleaning, to the equipment from which it was recovered after completion of repairs or service; (x) "sell" includes a transfer of ownership or possession, by mutual agreement; and (y) "service" includes construction, installation, testing, mainte- nance, adjusting, repairing, charging, recharging, relocation, moving, decommissioning, dismantling, removal and dis- posal. 3.

(1) These regulations apply to (

a) refrigeration, air conditioning and fire extinguishing prod- ucts, equipment or devices that make use of ozone depleting substances or other regulated substances; and Application

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 439 (

b) containers and equipment designed for use with, or for the servicing of, these products, equipment or devices.

(2) If a conflict exists between these regulations and the code of practice, these regulations shall prevail.

(3) The requirements established by these regulations are in addition to the requirements established under other municipal, provin- cial or federal enactments.

(4) A permit or certificate issued by the province before the commencement of these regulations shall not be used as authority for a failure to comply with the terms of these regulations.

(5) The following attached schedules form part of these regula- tions:

Schedule Contents A CFCs (Chlorofluorocarbons) B HCFCs (Hydrochlorofluorocar- bons) C HFCs (Hydrofluorocarbons) D Halons (Bromofluorocarbons, Bromochloro-fluorocarbons) E HBFCs (Hydrobromofluorocar- bons) F FCs (Perfluorocarbons) 4.

(1) Unless expressly permitted by these regulations or by the code of practice, a person shall no t directly or indirectly release a regulated substance or cause or allow a regulated substance to be re- leased into the atmosphere from (

a) air conditioning, refrigeration or fire extinguishing equip- ment; and (

b) a container, device or equipment employed in the use, reuse, recycling, reclaiming, supply, transport or storage of a regu- lated substance. Prohibition of release

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 440

(2) A person shall not store or destroy a regulated substance in a manner which may allow it to enter the environment. 5.

(1) An owner of air conditioning, refrigeration or fire extin- guishing equipment or parts of these shall ensure that the equipment is secured from unauthorized access that could lead to the release of a regulated substance. (2) Subsection (1) shall not apply to vehicle air conditioners, refrigerators, freezers, air conditioners, heat pumps, portable fire extin- guishers and equipment used as a residential household appliance. 6. A release of more than 10 kilo grams of a substance or an azeo- trope or mixture of substances listed in

Schedule A or D shall be im- mediately reported to the department within one working day as to the circumstances of the release and as to the actions taken. 7. Refrigeration, air conditioning or fire extinguishing equipment, including equipment which is a part of other equipment, a vehicle, ves- sel or building which is being decommissioned, dismantled or disposed of shall first have the regulated substances recovered and put into ap- proved containers and shall be labelled "ODS Free". 8.

(1) A person or company engaged in the sale of regulated sub- stances, except as part of a servic ing activity, shall register with the department as a wholesaler of those regulated substances.

(2) Wholesalers shall keep records of the quantity and identity of all regulated substances sold, the date of sale and, where applicable, the certificate number of the approved person to whom it was sold for a period of 3 years and shall, upon request, make these records available to the department. 9.

(1) Wholesalers shall accept returns of regulated substances, whether used or unused, if the regulated substance is (

a) not sold as part of, or contained in, equipment or a device; (

b) returned in a container designed to contain the substance; (

c) returned to the wholesaler from whom the substance was purchased; Secure equipment Reporting releases Disposal of equip- ment Wholesalers Seller take back

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 441 (

d) returned at the wholesaler’s place of business during normal business hours; and (

e) returned with a proof of purchase, dated after the coming into force of these regulations, for a quantity up to and in- cluding an equivalent amount of the regulated substance purchased.

(2) Wholesalers shall store a returned regulated substance until that substance can be delivered to a person who manufactures, re- claims, recycles or destroys the regulated substance. 10.

(1) Ninety days after these regulations come into force, a person shall not sell a refrigerant to another person unless the refrigerant is (

a) in an approved container for which a minimum $25 refund- able deposit is collected; (

b) in air conditioning or refrigeration equipment or a part of them; or (

c) a part of the servicing of air conditioning or refrigeration equipment.

(2) Containers used to receive, co ntain or transport recovered or recycled refrigerants shall be appr oved containers and when being dis- posed in the province, refrigerant co ntainers, whether refillable, recy- clable or disposable, may only be disposed of (

a) at a container recycling facility that has been approved by the minister, where the container is evacuated to a minimum 20" of vacuum and the regulated substance is collected for reprocessing or destruction; and (

b) where metal from recycled containers is disposed of, to a scrap metal dealer licensed as a salvage dealer under the Salvage Dealers Licensing Act or at a waste disposal site established under the Waste Material Disposal Act or the Environmental Protection Act.

(3) A wholesaler shall keep records of the numbers of containers recycled and the quantity and identity of all regulated substances re- Containers

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 442 covered for 3 years and this information shall be available to the de- partment upon request.

(4) Low pressure containers such as drums and pails are exempt from subsections (1) and (2) provided that

section 4 is not violated. 11.

(1) A person who services refrigeration and air conditioning equipment shall successfully comple te an environmental awareness course on ozone depleting substances and their replacements which has been approved by Environment Canada and the minister.

(2) A person successfully completing the environmental aware- ness course referred to in subsection (1) shall be awarded a confirming certificate and wallet card signifying that the person is an approved person.

(3) A certificate issued under this

section shall be numbered and the names of all approved persons and their certificate numbers shall be recorded in a database approved by the minister.

(4) A person shall not buy, borrow, lend or sell a certificate or use a certificate not issued to the bearer. 12.

(1) Air conditioning or refrigeration equipment shall be serviced in accordance with the code of practice and these regulations.

(2) Within 90 days of the coming into force of these regulations, a person who services air conditioning or refrigeration equipment, or does other work on air conditioning or refrigeration equipment that may result in the release of a regulated substance, shall (

a) have available at the job site operational equipment that can recover and contain a regulated substance; and (

b) recover and reuse, recycle, reclaim or arrange for the de- struction of an ozone depleting substance that would other- wise be released during the servicing procedure.

(3) Devices purchased or constructed for the recovery and recy- cling of regulated substances on or after the date of the coming into force of these regulations shall meet minimum recovery standards specified by the minister, and be certified as meeting those standards by a testing agency designated by the minister. Certification Service

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 443

(4) Recovered refrigerants shall not be mixed with another type of refrigerant.

(5) A hazardous waste product, t oxic substance or other foreign material, except gases used in testing or other material normally present in the system, shall not be intentionally mixed with recovered material.

(6) A person shall not service air conditioning or refrigeration equipment unless that person is an approved person.

(7) A person who employs another person to install, service, charge, recharge or maintain air conditioning or refrigeration equip- ment containing a regulated substance shall ensure that the person is an approved person. 13.

(1) The owner or the operator, or both, of air conditioning or refrigeration equipment shall ensure that an approved person conducts a leak test once a year of all compon ents of the equipment that are in contact with a regulated refrigerant. (2) Subsection (1) shall not apply to systems less than 3 horse- power, motor vehicle air conditioners and heat pumps owned by indi- viduals and used for domestic purposes.

(3) A person who services ai r conditioning or refrigeration equipment shall test for leaks before adding a regulated substance to the equipment.

(4) A person shall not add a regulated substance to equipment, devices or containers which are leaking. (5) Subsections (3) and (4) do not apply where there is no rea- sonable alternative to the refilling of refrigeration equipment and there is (

a) an immediate danger to human life or health at a health care facility; or (

b) an immediate danger to crops, plant or animal life or food- stuffs on a farm or at a food packing, processing or storage facility. Leak testing

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 444

(6) Where, for a reason indicated in paragraph (5)(

a) or (b), refrigerant has been added to equipment without first performing a leak test, the owner or operator shall (

a) have the refrigeration equipment tested for leaks immedi- ately after filling; (

b) have leaks in the refrigera tion equipment fixed immediately; and (

c) within 24 hours report to the department the circumstances and actions taken. 14.

(1) A person completing a leak test on air conditioning or refrig- eration equipment shall place a notice on the equipment indicating the (

a) date of the test; (

b) person’s name; (

c) person’s certificate number; and (

d) results of the test.

(2) Where a leak test is performed on a motor vehicle air condi- tioner, the required notice shall be affixed to the frame or edge of the door nearest to the driver’s seat.

(3) Where a leak test reveals that refrigerant is leaking from equipment, the person conducting the test shall (

a) ensure that the equipment is immediately and effectively repaired so that further leaking cannot occur; or (

b) ensure that the regulated subs tance is immediately recovered from the equipment and handled in accordance with these regulations and the code of practice, and that the notice indi- cates that the equipment is not in working order and that it would be an offence to recharge it with refrigerant unless it is first repaired; or Notice

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 445 (

c) notify the department within one working day of the par- ticulars of the leak test wher e that person does not comply with paragraph (

a) or (b).

(4) A person performing a leak test on air conditioning or re- frigeration equipment shall inform the owner or operator of the equip- ment of the results of the test.

(5) A copy of a notice issued under subsection (1) shall be kept for 3 years and shall be available to the department upon request.

(6) This

section does not apply to servicing or testing which takes place in the course of the ma nufacture of a product which is or which contains air conditioning or refrigeration equipment. 15.

(1) A person shall not add a refrigerant listed in

Schedule A or B to a device, container or equipment for the purpose of leak testing in a manner that may cause discharge of that refrigerant into the environ- ment. (2) Subsection (1) shall not apply to the servicing of a motor vehicle air conditioner where (

a) the refrigerant pressure in the system is too low to permit leak detection; (

b) the refrigerant added to the system is the same as the resid- ual refrigerant; and (

c) testing is carried out in accordance with the code of practice. 16.

(1) A person shall not install in a motor vehicle an air condi- tioning unit that operates or is in tended to operate using a refrigerant listed in

Schedule A.

(2) The refrigerant in a motor vehicle air conditioner shall not be replaced by a flammable or ignitable substance or mixture. 17.

(1) A sub-atmospheric centrifugal chiller purchased or installed after the coming into force of these regulations shall have a chiller sys- tem purge unit designed and operated in accordance with the code of practice and which expels not more than 0.1 kilograms refrigerant for every kilogram of air that is purged. Leak testing Motor vehicles Compressor purge

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 446

(2) Existing sub-atmospheric centrifugal chiller systems shall be upgraded by January 1, 2000, to have zero refrigerant emissions. 18.

(1) All extended non-operational systems or equipment shall have the refrigerant removed and placed in an approved container.

(2) Prior to startup for reuse, the systems referred to in subsec- tion (1) shall be leak tested in accordance with these regulations. (3) Subsection (1) shall not apply to non-operational systems or equipment of less than 3 horsepower and heat pumps owned by indi- viduals and used for domestic purposes. 19.

(1) Only a person who holds a certificate and is an approved person may purchase, accept or transfer ownership of refrigerant that is not contained in air conditioning or refrigeration equipment or a part of them or added to that equipment as part of a servicing activity.

(2) Notwithstanding subsection (1), registered wholesalers shall be permitted to purchase refrigerants from suppliers for resale to ap- proved persons holding a valid certificate.

(3) A person shall not sell, loan, lease or transfer ownership of refrigerant to a person other than a certificate holder and approved per- son, unless it is contained in air conditioning or refrigeration equipment or installed into air conditioning or refrigeration equipment as part of a servicing activity.

(4) All refrigerant ordered, picked up or received shall bear on the shipping documents or bill of sale the name and certificate number of the approved person receiving that refrigerant. 20.

(1) A person shall not manufacture, bring into the province, sell, offer for sale or install new air conditioning or refrigeration equipment that does not have, in a location clearly visible to a person servicing the equipment, a securely affixed and permanent label or tag stating (

a) the equipment manufacturer; (

b) the quantity and type of refrigerant; (

c) the American Society of H eating, Refrigeration and Air Conditioning Engineers (ASHRAE) Refrigerant Number; Extended non- operation Sale and purchase of refrigerants Labelling and record keeping

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 447 (

d) the ASHRAE Safety Designation; (

e) the quantity and type of refrigerant oil; (

f) the Ozone Depleting Potential (ODP); and (

g) the Global Warming Potential (GWP).

(2) A person who charges or recharges air conditioning or re- frigeration equipment with a regulated substance shall record on a se- curely affixed and permanent label, and in a service log (

a) the type and amount of the regulated substance added to the equipment; (

b) the date the regulated substance was added; (

c) the name of the person that performed the charging or re- charging; (

d) that person’s certificate number; and (

e) if that person performed the charging or recharging as an employee or agent of a business, the name of that business.

(3) Contractors and service technici ans shall keep records of all refrigerants received and all refrigerant used, the locations where it was used and amount used at each location for a period of at least 3 years and shall, upon request, make these re cords available to officials of the department. 21.

(1) A person shall not discharge a regulated substance into the environment from fire extinguishing equipment except for the purpose of extinguishing a fire.

(2) Halons shall not be used to extinguish fires set for fire fighting training purposes.

(3) New fire extinguishing equipm ent containing halons are not permitted commencing on the date of coming into force of these regu- lations. Fire extinguishing

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 448

(4) Existing fire extinguishing equipment containing halons may be recharged using recovered, recycled or reconditioned halon.

(5) Fire extinguishing systems containing regulated substances shall be tested for leakage accordin g to National Fire Protection Asso- ciation procedures at intervals of no greater than 6 months if another interval is not specified in those procedures.

(6) Records of testing for leakage shall be maintained by the system owner and shall, upon request, be made available to officials of the department.

(7) An owner of fire extinguishing equipment containing more than 40 kilograms of halon, or of more than 10 portable fire extinguish- ers, shall submit to the department a detailed strategic plan for the phase-out and replacement of halons and the plan shall follow a format designated as acceptable by the minister.

(8) The strategic plan referred to in subsection (7) shall be sub- mitted within 6 months of the coming into force of these regulation.

(9) Owners of fire extinguishing systems shall have a written procedures manual for regular operation of the equipment.

(10) Owners of fire extinguishing equipment referred to in sub- section (7) shall ensure that this equipment is properly serviced and maintained by trained personnel in accordance with these regulations. 22. A person shall not service a fire extinguishing system without first (

a) advising the person or persons responsible for the area in which the equipment is located and receiving permission to proceed; (

b) placing the system on manual operation and manually clos- ing the appropriate valves to isolate the halon supply con- tainers; and (

c) tagging the control panel of the system to indicate that it is out of operation during the period of service. Prohibition

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 449 23.

(1) During servicing of fire extinguishing equipment, regulated substances shall not be vented to the atmosphere.

(2) Servicing and inspection of fire extinguishing equipment containing regulated substances shall be carried out in accordance with the manufacturer’s instructions, the Underwriters’ Laboratories of Can- ada publication CAN/ULC-S532-M90, "Standard for the Regulation of the Servicing of Portable Fire Extinguishers", or the ULC/ORD- C1058.18-1993, "The Servicing of Halon Extinguishing Systems".

(3) All discharges of ozone depleting substances from fire ex- tinguishing equipment shall be logged and reported to the department once a year with the date, time, reason for discharge and amount. 24. The Ozone Depleting Substance Regulations , Newfoundland and Labrador Regulation 120/97 are repealed. Servicing Repeal

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 450

Schedule A Chlorofluorocarbons (CFCs) (

a) CFC-11 (chlorofluorocarbon-11), also known as fluorotri- chloromethane (

b) CFC-12 (chlorofluorocarbon-12), also known as dichlorodi- fluoromethane (

c) CFC-113 (chlorofluorocarbon-113), also known as 1,1,2- trichloro 1,2,2,-trifluoroethane (

d) CFC-114 (chlorofluorocarbon-114), also known as 1,2- dichloro 1,1,2,2-tetrafluoroethane (

e) CFC-115 (chlorofluorocarbon-115), also known as 1-chloro- 1,1,2,2,2-pentafluoroethane (

f) CFC-13 (chlorofluorocarbon-13), also known as chlorotri- fluoromethane (

g) CFC-111 (chlorofluorocarbon-111), also known as penta- chlorofluoroethane (

h) CFC-112 (chlorofluorocarbon-112), also known as tetrachlo- rofluoroethane (

i) CFC-211 (chlorofluorocarbon-211), also known as hepta- chlorofluoropropane (

j) CFC-212 (chlorofluorocarbon-212), also known as hexa- chlorodifluoropropane (

k) CFC-213 (chlorofluorocarbon-213), also known as penta- chlorotrifluoropropane (

l) CFC-214 (chlorofluorocarbon-214), also known as tetrachlo- rotetrafluoropropane (

m) CFC-215 (chlorofluorocarbon-215), also known as trichlo- ropentafluoropropane

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 451 (

n) CFC-216 (chlorofluorocarbon-216), also known as dichloro- hexafluoropropane (

o) CFC-217 (chlorofluorocarbon-217), also known as chloro- heptafluoropropane Isomers (

p) Isomers of all substances listed in paragraphs (

a) to (

o) Azeotropes CFC Containing Azeotropes (

q) CFC-500 (CFC-12/HFC-152a, 73.8/26.2 wt. %) (

r) CFC-501 (CFC-12/HCFC-22, 25.0/75.0 wt. %) (

s) CFC-502 (HCFC-22/CFC-115, 48.8/51.2 wt. %) (

t) CFC-503 (CFC-13/HCFC-23, 59.9/40.1 wt. %) (

u) CFC-504 (HFC-32/CFC-115, 48.2/51.8 wt. %) (

v) CFC-505 (CFC-12/HCFC-31 78/22 wt. %) (

w) CFC-506 (HCFC-31/CFC-114 55.1/44.9 wt. %) Mixtures All mixtures containing any of the above substances.

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 452

Schedule B Hydrochlorofluorocarbons (HCFCs) (

a) HCFC-21 (hydrochlorofluorocarbon-21), also known as dichlorofluoromethane (

b) HCFC-22 (hydrochlorofluorocarbon-22), also known as chlorodifluoromethane (

c) HCFC-31 (hydrochlorofluorocarbon-31), also known as chlorofluoromethane (

d) HCFC-121 (hydrochlorofluorocarbon-121), also known as tetrachlorofluoroethane (

e) HCFC-122 (hydrochlorofluorocarbon-122), also known as trichlorodifluoroethane (

f) HCFC-123 (hydrochlorofluorocarbon-123), also known as dichlorotrifluoroethane (

g) HCFC-124 (hydrochlorofluorocarbon-124), also known as chlorotetrafluoroethane (

h) HCFC-131 (hydrochlorofluorocarbon-131), also known as trichlorofluoroethane (

i) HCFC-132 (hydrochlorofluorocarbon-132), also known as dichlorodifluoroethane (

j) HCFC-133 (hydrochlorofluorocarbon-133), also known as chlorotrifluoroethane (

k) HCFC-141 (hydrochlorofluorocarbon-141), also known as dichlorofluoroethane (

l) HCFC-142 (hydrochlorofluorocarbon-142), also known as chlorodifluoroethane (

m) HCFC-221 (hydrochlorofluorocarbon-221), also known as hexachlorofluoropropane

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 453 (

n) HCFC-222 (hydrochlorofluorocarbon-222), also known as pentachlorodifluoropropane (

o) HCFC-223 (hydrochlorofluorocarbon-223), also known as tetrachlorotrifluoropropane (

p) HCFC-224 (hydrochlorofluorocarbon-224), also known as trichlorotetrafluoropropane (

q) HCFC-225 (hydrochlorofluorocarbon-225), also known as dichloropentafluoropropane (

r) HCFC-226 (hydrochlorofluorocarbon-226), also known as chlorohexafluoropropane (

s) HCFC-231 (hydrochlorofluorocarbon-231), also known as pentachlorofluoropropane (

t) HCFC-232 (hydrochlorofluorocarbon-232), also known as tetrachlorodifluoropropane (

u) HCFC-233 (hydrochlorofluorocarbon-233), also known as trichlorotrifluoropropane (

v) HCFC-234 (hydrochlorofluorocarbon-234), also known as dichlorotetrafluoropropane (

w) HCFC-235 (hydrochlorofluorocarbon-235), also known as chloropentafluoropropane (

x) HCFC-241 (hydrochlorofluorocarbon-241), also known as tetrachlorofluoropropane (

y) HCFC-242 (hydrochlorofluorocarbon-242), also known as trichlorodifluoropropane (

z) HCFC-243 (hydrochlorofluorocarbon-243), also known as dichlorotrifluoropropane (aa) HCFC-244 (hydrochlorofluorocarbon-244), also known as chlorotetrafluoropropane

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 454 (bb) HCFC-251 (hydrochlorofluorocarbon-251), also known as trichlorofluoropropane (cc) HCFC-252 (hydrochlorofluorocarbon-252), also known as dichlorodifluoropropane (dd) HCFC-253 (hydrochlorofluorocarbon-253), also known as chlorotrifluoropropane (ee) HCFC-261 (hydrochlorofluorocarbon-261), also known as dichlorofluoropropane (ff) HCFC-262 (hydrochlorofluorocarbon-262), also known as chlorodifluoropropane (gg) HCFC-271 (hydrochlorofluorocarbon-271), also known as chlorofluoropropane All isomers of the above. All mixtures and azeotropes of the above.

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 455

Schedule C Hydrofluorocarbons (HFCs) (

a) HFC 23 - trifluoromethane (

b) HFC 32 - difluoromethane (

c) HFC 125 - pentafluoroethane (

d) HFC 134 - tetrafluoroethane (

e) HFC 143 - trifluoroethane (

f) HFC 152 - difluoroethane (

g) HFC 161 - monofluoroethane (

h) HFC 281 - fluoropropane (

i) HFC 272 - difluoropropane (

j) HFC 263 - trifluoropropane (

k) HFC 254 - tetrafluoropropane (

l) HFC 245 - pentafluoropropane (

m) HFC 236 - hexafluoropropane (

n) HFC 227 - heptafluoropropane (

o) HFC 218 - octafluoropropane All isomers of the above. All mixtures and azeotropes of the above. Mixtures or azeotropes of the above with HCFCs are part of

Schedule B.

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 456 Mixtures of azeotropes of the above containing CFCs are part of

Schedule A.

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 457

Schedule D Halons (

a) Halon-1211, also known as bromochlorodifluoro-methane (

b) Halon-1301, also known as bromotrifluoromethane (

c) Halon-2402, also known as dibromotetrafluoroethane Mixtures A mixture containing one of the above. Any azeotropes of the above.

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 458

Schedule E Hydrobromofluorocarbons (HBFCs) (

a) dibromofluoromethane (

b) bromodifluoromethane, also known as HBFC-22B1 (

c) bromofluoromethane (

d) tetrabromofluoroethane (

e) tribromodifluoroethane (

f) dibromotrifluoroethane (

g) bromotetrafluoroethane (

h) tribromofluoroethane (

i) dibromodifluoroethane (

j) bromotrifluoroethane (

k) dibromofluoroethane (

l) bromodifluoroethane (

m) bromofluoroethane (

n) hexabromofluoropropane (

o) pentabromodifluoropropane (

p) tetrabromotrifluoropropane (

q) tribromotetrafluoropropane (

r) dibromopentafluoropropane (

s) bromohexafluoropropane

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 459 (

t) pentabromofluoropropane (

u) tetrabromodifluoropropane (

v) tribromotrifluoropropane (

w) dibromotetrafluoropropane (

x) bromopentafluoropropane (

y) tetrabromofluoropropane (

z) tribromodifluoropropane (aa) dibromotrifluoropropane (bb) bromotetrafluoropropane (cc) tribromofluoropropane (dd) dibromodifluoropropane (ee) bromotrifluoropropane (ff) dibromofluoropropane (gg) bromodifluoropropane (hh) bromofluoropropane HBFC-124B1, also known as 1-bromo 1,2,2,2-tetrafluoroethane etc. (other substances listed in Montreal Protocol). Mixtures A mixture containing one of the above. Any azeotropes of the above.

Ozone Depleting Substance Regulations, 2003 55/03 The Newfoundland and Labrador Gazette May 30, 2003 460

Schedule F Perfluorocarbons (FCs) (

a) FC-14, also known as tetrafluoromethane (

b) FC-116, also known as hexafluoroethane (

c) FC-218, also known as octafluoropropane (

d) FC-3-1-10, also known as decafluorobutane (

e) FC-4-1-12, also known as dodecafluoropentane (

f) FC-5-1-14, also known as tetradecafluorohexane Mixtures A mixture containing one of the above. Any azeotropes of the above. Mixtures or azeotropes of the above with HCFCs are part of

Schedule B. Mixtures or azeotropes of the above containing CFCs are part of

Schedule A. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette May 30, 2003 461 NEWFOUNDLAND AND LABRADOR REGULATION 56/03 Air Pollution Control Regulations, 2003 under the Environmental Protection Act (O.C. 2003-223) (Filed May 23, 2003) Under the authority of

section 111 of the Environmental Protec- tion Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 21, 2003. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Non-application 4. Air quality standards 5. Stationary source of air contamination 6. Fluorides 7. Visible emissions 8. Visible emission standards 9. Notification of pollution potential 10. Burning of materials in combustion process 11. Burning in open fires 12. Recording devices 13. Location of devices 14. Performance testing facili- ties 15. Ministerial order and appeal 16. Repeal

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 462

Schedule A

Schedule B

Schedule C 1. These regulations may be cited as the Air Pollution Control Regulations, 2003. 2.

In these regulations (a) "Act" means the Environmental Protection Act; (b) "air" means open air not enclosed within the industry's boundary, building, structure, machine, chimney, stack, flue or an underground area; (c) "air contaminant" means du st, fumes, mist, smoke, other particulate matter, vapour, gas, odorous substances or a combination of them which may impair the quality of the natural environment for any use that can be made of it, cause harm or discomfort to a person, adversely affect the health or impair the safety of a person or cause injury or damage to the property or to plant or animal life; (d) "air pollution" means the presen ce in the air of an air con- taminant or combination of contaminants in excess of the maximum permissible amount, concentration or level as pre- scribed by these regulations; (e) "changed works" means existing works in which the mode of operation is changed after March 20, 1981; (f) "combustion process equipment" means a furnace, boiler, drier, apparatus, stack and all appurtenances used in the combustion process and excludes mobile internal combus- tion engines when used to provide propulsion; (g) "department" means the department presided over by the minister; (h) "department official" means a person who is designated by the minister as an official fo r the purpose of the administra- tion and enforcement of the Act and these regulations; (i) "existing works" means works existing on March 20, 1981;

Short title

Definitions

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 463 (j) "extended works" means ex isting works, the capacity of which is increased after March 20, 1981; (k) "forage" means grasses, pasture and other vegetation that is consumed or is intended for consumption by livestock; (l) "minister" means the mini ster appointed under the Executive Council Act to administer the Act; (m) "new works" means works that commence operation after March 20, 1981; (n) "odour" includes the smell of ammonia, hydrogen sulfide, amines, sulphur dioxide or ot her smell that causes discom- fort to persons; (o) "opacity" means (

i) the colour of a visible em ission in shades of grey to black, or (ii) the degree to which a visible emission obstructs the passage of light; (p) "particulate matter" means a material, except water in un- combined form that is or has been airborne and exists as a liquid or a solid at standard conditions; (q) "point of emission" means the point at which a contaminant enters the natural environment; (r) "point of impingement" means an animate or inanimate ob- ject at or above ground level beyond the industry's boundary upon which an air contaminant may impinge; (s) "stack" means a chimney, flue , conduit or duct arranged to conduct emissions to the air; (t) "standard conditions" means a dry gas temperature of 0° Celsius and a gas pressure of 101.325 kilopascals; (u) "visible emission" means a contaminant emitted to the at- mosphere which can be detected by the naked eye; and

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 464 (v) "works" means those works as defined in paragraph 2(

m) of the Act from which air contaminants may be released or dis- charged into the air. 3. These regulations shall not apply to (

a) the owners and operators of combustion process equipment used for the purpose of comfort heating in a building using No. 2 oil at a rate of less than 1.5 million British Thermal Units per hour (440,000 watts); (

b) the owners and operators of combustion process equipment used for the preparation of food in a domestic residence; (

c) the owners and operators of commercial establishments having less than 1,000 cubic metres of space; and (

d) the owners and operators of non-stationary sources of air contaminants. 4.

(1) For the purpose of attaining a high quality environment, the minister shall use the values prescr ibed in

Schedule A for controlling the air quality.

(2) The amount of air contaminants in the atmosphere due to all sources shall not exceed the amounts established in

Schedule A.

(3) The minister may, for the purpose of ensuring that the crite- ria prescribed in

Schedule A are met, by order, specify the total allow- able quantity of an air contaminant that may be emitted by a stationary source and the owner of the source upon whom such an order is served shall comply with the order within the time specified in the order.

(4) A person shall not discharge or release an air contaminant into the atmosphere except as permitted by the Schedules to these regulations. 5.

(1) Subject to

section 4, the stan dards for concentrations of air contaminants from a stationary source at a point of impingement shall be those as prescribed in

Schedule B.

(2) The amount of air contaminan ts in the atmosphere at the point of impingement measured or calculated in accordance with a Non-application Air quality stan- dards Stationary source of air contamination

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 465 method approved by the minister shall not exceed the amounts estab- lished in

Schedule B.

(3) For the purpose of enforcing these regulations a contaminant at a point of impingement shall be calculated in accordance with a method approved by the minister.

(4) A person shall not operate or cause to be operated a station- ary source in a manner that does not comply with the standards pre- scribed in

Schedule B. 6. Subject to

section 4, the concentrations of fluorides in air con- taminants, either gaseous or particulate, shall not be such as to cause the standards set in

Schedule C to be exceeded. 7. A visible emission chart shall be used by the department to de- termine the opacity of a visible emission. 8.

(1) A person shall not cause or permit to be caused a visible emission having an opacity greater than density No. 1 on the visible emission chart referred to in

section 7.

(2) Notwithstanding subsection (1), for a period of not more than 4 minutes in the aggregate in a half hour period, visible emission may have an opacity exceeding density No. 1 but not exceeding density No. 2 on the visible emission chart.

(3) Notwithstanding subsection (1), where a new fire is started in combustion process equipment, the visible emission may have an opacity not exceeding density No. 3 on the visible emission chart for a period not more than 3 minutes in the aggregate in a quarter hour pe- riod up to one hour after the new fire is started. 9. Where, at a stationary source which has the potential to pollute the air, a failure to operate in the normal manner or change in operating conditions occurs, or a shut-down of the source or part of it is made for some purpose resulting in the emission of air contaminants that may result in quantities or concentrations in excess of those allowed in sec- tions 4, 5 and 8 (

a) the owner or operator of the source shall Fluorides Visible emissions Visible emission standards Notification of pollution potential

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 466 (

i) immediately notify a department official and furnish him or her with particulars of such failure, change or shutdown, and (ii) furnish the department official with the particulars in writing, as soon as it is practicable, of such failure, change or shutdown; and (

b) notwithstanding subsections 5(2) and (4) and

section 8, the minister, where he or she considers it advisable, may authorize, in writing, the continuance of the operation for such period of time as he or she considers reasonable in cir- cumstances and may impose upon the owner or operator the terms and conditions for such continued operation as he or she considers necessary in the circumstances. 10.

(1) A person shall not burn or permit to be burned in a combus- tion process equipment fuel, waste or other material except the fuel, waste or other material for the burning of which the equipment is de- signed.

(2) A person shall not burn or permit to be burned in a combus- tion process equipment fuel, waste or other material at a greater rate than the rate for which the equipment is designed. 11.

(1) A person shall not burn or permit to be burned material in an open fire that will cause or is likely to cause air pollution except with the permission and under the direction of a department official.

(2) Notwithstanding subsections 5(2) and(4) and

section 8, sub- section (1) does not apply to campfir es and other open fires for recrea- tional purposes and fires permitted by other federal, provincial or mu- nicipal laws and regulations when officials having jurisdiction under those laws and regulations require a fire to be started for the efficient performance of their duties in weed control, prevention of fire hazards or for the instruction in methods of firefighting. 12.

(1) The minister may require the installation of devices or meth- ods that are necessary to record the periods of operation of process, combustion or control equipment, the records from which shall be available to a department official. Burning of materi- als in combustion process Burning in open fires Recording devices

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 467

(2) The minister may require the installation of such monitoring and recording devices as are necessa ry to measure and record concen- trations of air contaminants at thei r source and points of impingement, the records and measurements from which shall be available to a de- partment official. 13. All flow measurements, sampli ng and analyses performed in compliance with these regulations must be performed at locations and by devices and methods satisfactory to the department. 14. If required by the minister, the owner or operator of new, ex- tended or changed works shall provide the following performance test- ing facilities: (

a) sampling ports adequate for test methods applicable to the works concerned; (

b) safe sampling platforms; (

c) safe access to sampling platforms; and (

d) utilities for sampling and testing equipment. 15.

(1) Where the minister is satisfi ed that the emission of air con- taminants from any source causes a condition which may adversely affect the health or impair the safety of a person or cause injury or damage to property, plant or animal life, he or she may, notwithstand- ing another provision of these regulations or anything contained in a permit or certificate of approval, order the persons responsible for the emission to take such action as is sp ecified in the order to contain the danger or harm resulting from the emission or to restore the environ- ment to a condition satisfactory to the minister within the time specified in the order.

(2) Where a person, upon whom an order is made under subsec- tion (1), fails to comply with the order, the minister may cause the nec- essary work to be done and charge that person with the cost of it which may be recovered as a debt due to the Crown with costs in a court of competent jurisdiction.

(3) A person aggrieved by an action taken by the minister under subsection (1) or (2) may within 14 days from the date of the order appeal against the order to a judge of the Trial Division by filing a no- Location of devices Performance testing facilities Ministerial order and appeal

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 468 tice of appeal in the office of the Registrar of the Supreme Court and by serving a copy of the notice of appeal on the minister.

(4) Notwithstanding a rule or practice to the contrary, the notice of appeal shall (

a) set out in detail the allegations of the appellant and the grounds upon which the order is appealed against; and (

b) be signed by the appellant or his or her solicitor.

(5) The appellant shall, within 14 days after service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the deputy minister a written notice of the day appointed for the hearing.

(6) The judge shall hear the appeal and the evidence adduced before him or her by the appellant and the Crown in a

summary manner and shall decide the matter of the appeal by (

a) upholding, amending or revoking the order after considering upon all matters submitted to him or her whether the works or operations did constitute a condition which did pollute or was likely to pollute the air, soil or a body of water; or (

b) making such other decision which he or she considers to be proper in the circumstances and with power also to make or- ders as to costs for or against the appellant or the Crown and to fix the amount.

(7) An appeal may be taken from the decision of the judge to the Court of Appeal upon a point of law raised upon the hearing of the appeal and the rules governing appeal s to that court from a decision of the judge of the Trial Division shall apply to appeals under this subsec- tion.

(8) The filing of a notice of appeal under this

section or the appeal itself shall not affect the order which shall remain in force pending the outcome of the appeal. 16. The Air Pollution Control Regulations , Consolidated New- foundland and Labrador Regulation 957/96, are repealed. Repeal

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 469

Schedule A Criteria for Acceptable Air Quality Table 1: Pollutants With Standards Using a 24 Hour Averaging Period Item Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 Name of Contaminant Contaminant Code or CAS No. Unit of Concentration (1) 24 Hour Air Quality Standard Addi- tional Notes 1. Acetic Acid 64-19-7 2500 2. Acetone 67-64-1 48000 3. Acetophenone 98-86-2 850 4. Acetylene 74-86-2 56000 5. Acrolein 107-02-8 23.5 6. Acrylamide 79-06-1 15 7. Acrylonitrile 107-13-1 100 8. Alkyltoluene sul- phonamide, n- 120 9. Aluminum oxide 7429-90-5 120 10. Ammonia 7664-41-7 3600 11. Ammonium chlo- ride 12125-02-9 120 12. Amyl acetate, iso- 53200 13. Amyl acetate, n- 53200 14. Amyl acetate, sec- ondary 66500

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 470 Item Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 Name of Contaminant Contaminant Code or CAS No. Unit of Concentration (1) 24 Hour Air Quality Standard Addi- tional Notes 15. Antimony 7440-36-0 Total micro- grams of anti- mony in free and combined form per cubic metre of air. 25 16. Arsenic 7440-38-2 Total micro- grams of arsenic in free and com- bined form per cubic metre of air. 0.3 17. Arsine 7784-42-1 5 18. Asbestos 1332-21-4 1.5 19. Barium - total wa- ter soluble 7440-39-3 10 20. Benzothiazole 95-16-9 70 21. Benzoyl chloride 98-88-4 125 22. Benzo (

a) pyrene 50-32-8 0.0015 23. Beryllium 7440-41-7 Total micro- grams of beryl- lium in free and combined form per cubic metre of air. 0.01 24. Borax 33 25. Boric acid 33

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 471 Item Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 Name of Contaminant Contaminant Code or CAS No. Unit of Concentration (1) 24 Hour Air Quality Standard Addi- tional Notes 26. Boron 7440-42-8 Total micro- grams of boron in free and com- bined form per cubic metre of air. 120 27. Boron tribromide 10294-33-4 35 28. Boron trichloride 10294-34-5 35 29. Boron trifluoride 7637-07-2 2 30. Bromacil 314-40-9 10 31. Bromine 7726-95-6 20 32. Butanol, iso- 78-83-1 655 33. Butanol, n- 71-36-3 770 34. Butanol, tertiary 75-65-0 30300 35.

Butyl acetate, n- 123-86-4 248 36. Butyl acrylate 141-32-2 120 37. Butyl stearate 123-95-5 120 38. Cadmium 7440-43-9 Total micro- grams of cad- mium in free and combined form per cubic metre of air. 2 39. Calcium carbide 75-20-7 10 40. Calcium cyanide (as total salt) 592-01-8 120

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 472 Item Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 Name of Contaminant Contaminant Code or CAS No. Unit of Concentration (1) 24 Hour Air Quality Standard Addi- tional Notes 41. Calcium hydroxide 1305-62-0 13.5 42. Calcium oxide 1305-78-8 10 43. Captan 133-06-2 25 44. Carbon black 1333-86-4 10 45. Carbon disulphide 75-15-0 330 46. Carbon tetrachlo- ride 56-23-5 600 47. Chloramben 133-90-4 120 48. Chlordane 57-74-9 5 49. Chlorine 7782-50-5 150 50. Chlorine dioxide 10049-04-4 30 51. Chloroform 67-66-3 500 52.

Chromium di-, tri- and hexavalent forms 7440-47-3 1.5 53. Citric acid 77-92-9 120 54. Coal tar pitch volatiles-soluble fraction 8007-45-2 1 55. Cobalt 7440-48-4 Total micro- grams of cobalt in free and com- bined form per cubic metre of air. 0.1

Air Pollution Control Regulations, 2003 56/03 The Newfoundland and Labrador Gazette May 30, 2003 473 Item Col. 1 Col. 2 Col. 3 Col. 4 Col. 5 Name of Contaminant Contaminant Code or CAS No. Unit of Concentration (1) 24 Hour Air Quality Standard Addi- tional Notes 56. Copper 7440-50-8 Total micro- grams of copper in free and com- bined form per cubic metre of air. 50 57. Cresol (mixed isomers) 1319-77-3 75 58. Cyanogen chloride 506-77-4 12 59. Cyclo sol 63 5000 60. Cyclohexane 110-82-7 100000 61. Dalapon sodium salt 127-20-8 50 62. Decaborane 17702-41-9 25 63. Decene, 1- 872-05-9 60000 64. Detergent en- zyme(Subtilisin)

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2003-05-30
Type	gazette
Volume / chapter	printer gazette weekly issues 2003 2003 05 30
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	72c38fe6b168f342de469f5ae1b85741cbbd5972

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