Newfoundland and Labrador Gazette, Part I — 15 March 2002, Vol. 77, No. 11 — Lands Act Notice

NLG 2002-03-15

Newfoundland and Labrador — Gazette

129 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 77 ST. JOHN'S, FRIDAY, MARCH 15, 2002 No. 11 PROCLAMATION ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. ARTHUR MAXWELL HOUSE KELVIN PARSONS, Q.C. Lieutenant-Governor Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS the General Assembly stands prorogued; AND

WHEREAS I think fit to summon the said General Assembly to meet on Tuesday, the 19th day of March, 2002; I DO, THEREFORE, by this My Proclamation summon the said General Assembly to meet for the dispatch of business at 2:00 p.m. on Tuesday, the 19 th day of March, 2002 of which all persons concerned are hereby requi red to take due notice and govern themselves accordingly. WITNESS: Our trusty and well-beloved the Honourable A. M. House, Lieutenant-Governor in and for Our Province of Newfoundland Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 8th day of March, in the year of Our Lord two thousand and two in the fifty-first year of Our Reign.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 130 BY COMMAND, ROBERT F. SMART Deputy Registrar General MINERAL ACT N O T I C E Published in accordance with regulation 62 of the Mineral Regulations.

Mineral rights to the following mineral licences have reverted to the Crown: Mineral Licence 7132M held by Archean Resources Ltd. situate near South Aulatsivik Island on map sheet 14C/12, 14C/11 Mineral Licence 724M, 7246M held by Archean Resources Ltd. situate near Webb Brook on map sheet 14C/13 Mineral Licence 7242M held by Archean Resources Ltd. situate near South Aulatsivik Island on map sheet 14C/14, 14C/11 Mineral Licence 734M, 7506M held by Archean Resources Ltd. situate near Anaktalik Brook on map sheet 14D/ 8, 14D/ 9 Mineral Licence 7504M held by Archean Resources Ltd. situate near Tasiyuyaksuk Brook on map sheet 14D/ 9 Mineral Licence 5513M held by Celtic Minerals Ltd situate near Makhavinekh Lake on map sheet 14D/ 1 Mineral Licence 5514M held by Celtic Minerals Ltd situate near Ikadlivik Brook on map sheet 14D/ 8 Mineral Licence 4673M held by Phelps Dodge Corpof Canada Ltd situate near Mary Marchs Brook, Central Nf on map sheet 12A/16 Mineral Licence 5408M held by Daniel Kelly Jr. situate near Mortier Bay, Burin Peninsula on map sheet 1M/ 3 Mineral Licence 6430M held by GT Exploration Ltd situate near Red Indian Lake, Central Nfld on map sheet 12A/15 Mineral Licence 7214M held by Larry Quinlan situate near Burnt Lake, Central Nfld on map sheet 2E/ 7 Mineral Licence 7812M held by Fenton Scott situate near Sawyer Lake on map sheet 23I/ 5 Mineral Licence 7818M, 7894M held by Michael R.

Stacey situate near Blue Cliff, Southern Nfld on map sheet 1M/10 Mineral Licence 7819M held by Graham Tobin situate near Blue Cliff, Fortune Bay on map sheet 1M/10 Mineral Licence 7820M held by Phelps Dodge Corp of Canada, Ltd situate near Mobile Big Pd, Avalon Peninsula on map sheet 1N/ 6, 1N/ 7 Mineral Licence 7006M held by Phelps Dodge Corp of Canada Ltd situate near Perrys Brook, Avalon Peninsula on map sheet 1N/ 7 Mineral Licence 7823M held by Alec Turpin situate near Isle aux Morts, Southern Nfld on map sheet 11O/15 Mineral Licence 7830M, 7831M held by 10495 Newfoundland Ltd situate near Isle aux Morts, Southern Nfld on map sheet 11O/15

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 131 A portion of licence 7866M held by Timothy Froude situate near Smith Sound, Eastern Nfld on map sheet 2C/ 4 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7867M held by Timothy R.

Stead situate near Smith Sound, Eastern Nfld on map sheet 2C/ 4 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7868M held by Ken Stead Jr. situate near Smith Sound, Eastern Nfld on map sheet 2C/ 4 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7938M held by Cornerstone Resources Inc. situate near Deer Harbour, Avalon Peninsula on map sheet 1N/13 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7942M held by Cornerstone Resources Inc. situate near Popes Harbour, Eastern Nfld on map sheet 2C/ 4, 2C/ 5 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7940M held by Cornerstone Resources Inc. situate near Britannia, Eastern Nfld on map sheet 2C/ 4 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7944M held by Cornerstone Resources Inc. situate near Kerleys Harbour, Eastern Nfld on map sheet 2C/ 5, 2C/ 6 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7945M held by Cornerstone Resources Inc. situate near Trouty Pond, Eastern Nfld on map sheet 2C/ 5, 2C/ 6 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7948M held by Cornerstone Resources Inc. situate near Plate Cove, Eastern Nfld on map sheet 2C/ 5, 2C/ 6 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7946M held by Cornerstone Resources Inc. situate near Trouty Pond, Eastern Nfld on map sheet 2C/ 5, 2C/ 6 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7947M held by Cornerstone Resources Inc. situate near Trinity Pond, Eastern Nfld on map sheet 2C/ 5, 2C/ 6 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 7949M held by Cornerstone Resources Inc. situate near Plate Cove, Eastern Nfld on map sheet 2C/11, 2C/10, 2C/ 6 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 8098M held by Cornerstone Resources Inc. situate near Hickmans Harbour, Eastern Nfld on map sheet 2C/ 4 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 8099M held by Cornerstone Resources Inc. situate near Lady Pond, Eastern Nfld on map sheet 2C/ 5, 2C/ 4 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 8096M held by Cornerstone Resources Inc. situate near Port Rexton, Eastern Nfld on map sheet 2C/ 6 more particularly described in an application on file at Dept. of Mines and Energy A portion of licence 8101M held by Cornerstone Resources Inc. situate near Little Catalina, Eastern Nfld on map sheet 2C/10, 2C/11, 2C/ 6 more particularly described in an application on file at Dept. of Mines and Energy

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 132 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidat ed Newfoundland Regulations 1143/96 and Newfoundland Regulation 71/98 and 104/98 and outlined on 1:50 000 scale maps maintained by the Department of Mines and Energy, will be open for staking after the hour of 9:00 AM on the 32nd clear day after the date of this publication.

JIM HINCHEY, P. .Geo Mineral Claims Recorder File # 774: 0436, 0452, 0454, 2278, 2689, 3296, 3743, 4119, 4125, 4126, 4127, 4130, 4132, 4133, 4136, 4163, 4164, 4165, 4216, 4323 Mar 15 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Adolph Alexander late, of Cold Brook, in the Town of Stephenville, in the Province of Newfoundland and Labrador, pensioner, deceased: All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Adolph Alexander, late of the Town of Stephenville, in the Province of Newfoundland and Labrador, decreased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 10 th day of April, 2002, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newfoundland and Labrador, this 5 th day of March, 2002. MARIE MARCHE-WHITE Solicitor for the Executor ADDRESS FOR SERVICE: P.O. Box 272 43 Main Street Stephenville, NF A2N 2Z4 Mar 15 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Annie Beatrice Blundon, late of the Town of Gander, in the Province of Newfoundland and Labrador, widow, deceased.

All persons claiming to be creditors of or who have any claims or who have any claims or demands upon or affecting the Estate of Annie Beatrice Blundon, the aforesaid deceased, who died at the Town of Gander, in the Province of Newfoundland and Labrador on or about the 17 th day of February, 2002, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 4 th day of April, 2002, after which date the Executor 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 6 th day of March, 2002. AIDAN B. BERESFORD LAW OFFICE COURT Solicitor for the Executor Per: Aidan B. Beresford ADDRESS FOR SERVICE: 218 Airport Boulevard Gander, NF A1V 1L7 Mar 15 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that Cottles Island Lumber Co. Ltd., of Cottles Island, 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 of Crown Land situated within fifteen metres of the waters of Dildo Run in the Electoral District of Twillingate, Newfoundland and Labrador, for the purpose of the operation of a sawmill & related structures and being more particularly described as follows: Bounded on the North by Route 340 for a distance of 500 m; Bounded on the East by waters of Dildo Run for a distance of 180m; Bounded on the South by waters of Dildo Run for a distance of 360m; Bounded on the West by waters of Dildo Run for a distance of 250m; and containing an area of approximately 90,000 square metres.

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 Central Regional Lands Office, McCurdy Complex, P. O. Box 2222, Gander, NF., A1V 2N9.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 133 For further information regarding the proposed application, please contact Chris Sullivan, Law Offices, (709)754-4264 Requests for information on the processing of Crown Land applications under

Section 7(2) of the Lands Act, may be sent to the Central Regional Office at the above address. Telephone (709) 729-3699. Mar 15 QUIETING OF TITLES ACT 2001 04 T NO 0423 IN THE SUPREME COURT OF NEWFOUNDLAND TRIAL DIVISION NOTICE OF APPLICATION under the Quieting of Titles Act ,

Chapter Q-3, of the Revised Statutes of Newfoundland and Labrador. IN THE MATTER OF all that piece or parcel of land situate, lying and being in the Town of Port au Port West, Federal District of Burin-St. George’s Province of Newfoundland and Labrador. AND IN THE MATTER OF the Application of Gregory Bourgeois and Margaret Bourgeois, for a Certificate of Title of the said parcel of land pursuant to the Quieting of Titles Act,

Chapter Q-3 of the Revised Statutes of Newfoundland, 1990, as amended. NOTICE OF APPLICATION NOTICE is hereby given to all parties that Gregory Bourgeois and Margaret Bourgeois of the Town of Port au Port West, Province of Newfoundland and Labrador as owners have applied to the Supreme Court of Newfoundland and Labrador, Trial Division at Corner Brook, to have investigated the title to ALL THAT piece or parcel of land situate, lying and being at the Community of Port au Port West, District of Port au Port, Province of Newfoundland and Labrador, abutted, bounded and more particularly described as set out in

Schedule “A” annexed hereto: and for a Declaration that the said owners are the absolute owners thereof and the said owners have been ordered to publish notice of the said application to be published as required by the above-named Act.

All persons having title adverse to the said title claimed by the said Gregory Bourgeois and Margaret Bougeois, shall file with the Deputy Registrar of the Supreme Court of Newfoundland and Labrador at Corner Brook, particulars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned solicitors for the Petitioner on or before the 12 th day of April, 2002, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the court or subject to such conditions as the court may deem just.

All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. DATED at Stephenville, Province of Newfoundland and Labrador, this 21 st day of February, 2002. STAGG, MARKS & PARSONS Solicitors for the Petitioner Per: Janice Kitchen ADDRESS FOR SERVICE P. O. Box 214 28 Main Street Stephenville, NF A2N 2Z4 Mar 15

SCHEDULE ‘A’ All that piece or parcel of land situate, lying and being north of Main Street, Port au Port West, District of Port au Port, Province of Newfoundland and Labrador, abutted and bounded as follows: That is to say, beginning at a point, said point is found by running N89º 28' 18" W from Control Monument No.

W937007 distance of 918.231 metres; Running thence from the above described point of beginning by the easterly limits of an access road (7.62 metres wide) S03º 43' 10"W distance 40.156 metres and S06º 47' 59"E distance of 7.088 metres; Thence running by property of Cyril Dubourdleau S85º40'55"W distance 54.864 metres; Thence by property of Michael Butler N02º08'48"E distance of 47.143 metres; Thence by property of Michael Butler N85º40' 55"E distance of 54.864 metres to the point of beginning; containing 2544 square metres as shown and delineated on attached Drawing No. PAPW-144-MS.

All bearings refer to Grid North (NAD83)

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 134

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 135 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:- BEVERLY YVONNE BATTEN of P. O. Box 4, Duntara, A0C 1M0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from AARON NATHANIEL BATTEN-GILLINGHAM to AARON NATHANIEL BATTEN DATED this 3 rd day of March, 2002.

BEVERLY YVONNE BATTEN (Signature of Applicant) Mar 15 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:- JENNIFER NATALIE FRASER of 765L Northstar Drive, Box 81, Station “A”, Goose Bay, A0P 1S0, in the Province of Newfoundland and Labrador, as follows: To change my name from JENNIFER NATALIE FRASER to JENNIFER NATALIE TATTRIE DATED this 1 st day of March, 2002. JENNIFER NATALIE FRASER (Signature of Applicant) Mar 15

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 136 CORPORATIONS ACT Re: The Corporations Act –

Section 286 The following list comprises companies which were issued Certificates of Amendment during the month of December, 2001.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 137

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 138

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 139

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 140 Re: The Corporations Act –

Section 335 The following list comprises companies which have been dissolved under Articles of Dissolution during the month of December, 2001.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 141

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 142

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 143

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 144 Re: The Corporations Act –

Section 286 The following list comprises companies which have changed their names during the month of December, 2001.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 145

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 146 Re: The Corporations Act –

Section 393 The following is a list of corporations incorporated during the month of December, 2001.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 147

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 148

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 149

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 150

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 151

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 152

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 153

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 154 Re: The Corporations Act –

Section 294 The following list comprises companies which were brought about by amalgamation during the month of December, 2001.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 155

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 156 Re: The Corporations Act –

Section 443 The following is the list of the Extra-Provincial companies which were issued Certificates of Registration during the month of December, 2001.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 157

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 158 Re: The Corporations Act –

Section 451 The following list comprises companies which have changed their names during the month of December, 2001.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 159 Re: The Corporations Act –

Section 331 The following is a list of companies issued Certificates of Revival for the month of December, 2001. Re: The Corporations Act –

Section 301 and 393 The following list comprises companies which were issued Certificates of Discontinuance during the month of December, 2001.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 160 JUDICATURE ACT IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL Pursuant to Rule 57.20(6) of the Civil Appeal Rules the following is a list of appeals that have been deemed abandoned. 1. 1996 No. 71 Anthony Quinlan vs. James Kenny 2. 1996 No. 89 William Robert Dawe vs. Sue-Ann Dawe 3. 1996 No. 90 W. G. Garland Limited vs. Sovereign General Insurance et al 4. 1996 No. 92 Neil Ezekiel vs. Workers' Compensation Commission et al 5. 1996 Nos. 97 & 99 Winston Adams vs. Maurice Adams 6. 1996 No. 105 Diane Dawe vs.

Jeffrey Allan Dawe 7. 1996 No. 106 General Hospital Corp. vs. Kielly & Sussex 8. 1996 No. 112 Raymond Gary Snow vs. Lorraine Mary Baldwin 9. 1996 No. 115 Terra Nova Enterprises vs. Barclay's Bank of Canada 10. 1996 No. 119 Owen Myers vs. Julie Keough 11. 1996 No. 126 Rhodi Services vs. Lester Bowering 12. 1996 No. 136 William L. Clarke vs. Lisa Byrne 13. 1996 No. 135 Ruby & Wayne White vs. Joan Luedee 14. 1996 No. 142 Sheet Metal Workers Int'l. Assoc vs. Craig O'Brien et al 15. 1996 No. 143 Carol Lee Barnes & Miller vs. Fowler Estate 16. 1996 No. 145 Gerald Cousins vs. Workers Comp.

Review Division et al 17. 1996 No. 150 Jill Brewer vs. Linda De Olivera 18. 1996 No. 154 Corner Brook Pulp and Paper vs. Robert White 19. 1996 Nos. 158, 165, 176, 187, 188 & 203 In the Matter of the Estate of Rosella Adams 20. 1996 Nos. 163 Thomas Peddle et al vs. Joan Deboard 21. 1996 No. 166 Catherine James vs. R. T. & Karen Alcock 22. 1996 No. 168 Gerald Roy Foote vs. Town Council of Burin 23. 1996 No. 186 Her Majesty in right of Nfld. vs. Albert Foote 24. 1996 No. 190 Susan Jamieson vs. Charles Henley 25. 1996 No. 194 Robert Lloyd Janes vs. Her Majesty in right of Nfld. 26. 1996 No. 205 Regina & Basil St.

Croix vs. Emerald Palace Ltd. 27. 1997 No. 3 Hibernia Employers' Assoc. vs. Nfld. & Lab. Dev. Allied Trades Council 28. 1997 No. 7 Jackie & Peter Curnew vs. Lorne Barbour 29. 1997 No. 14 Winston Adams vs. Maurice Adams 30. 1997 No. 27 Nfld. & Lab. Teachers' Assoc. vs. Her Majesty in right of Nfld. 31. 1997 No. 29 Toronto-Dominion Bank vs. Kevin & Vera Hackett 32. 1997 No. 30 Heywood, Kennedy, Belbin vs. Atlantic Investors Inc. 33. 1997 No. 38 Douglas J. V. Furneaux vs. Karen A. (Furneaux) Murphy 34. 1997 No. 40 Gan General Ins. vs. Nfld. Lab. Hydro -Electric Corp. 35. 1997 No. 44 Seaward Green vs.

Paradise Local Board of Appeal 36. 1997 No. 49 Terry Logaridis et al vs. Mackenzie Trust Company, Trustee et al 37. 1997 No. 54 Donald I. Bowering vs. Marie-Claire Bowering 38. 1997 No. 67 Winston Adams vs. Maurice Adams 39. 1997 No. 71 Daisy Murphy vs. Workers' Compensation Commission et al 40. 1997 No. 73 Winston Adams vs. Claude Poirier et al 41. 1997 No. 82 Sharon Elizabeth Walsh vs. Augustine Francis Walsh 42. 1997 No. 83 Zebedee & Karen Stanley vs. Complete Rent-Alls Ltd. et al 43. 1997 No. 86 Winston Adams vs. Maurice Adams 44. 1997 No. 87 Toulon Dev. Corp vs.

Pearlgate Lounge Ltd. 45. 1997 No. 88 Toulon Dev. Corp. vs. Karen Walsh 46. 1997 No. 90 Christopher Hodder vs. Mary O'Leary McIsaac

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 161 47. 1997 No. 98 Labourers' International Union vs. Philip Benson 48. 1997 No. 100 Verna & Allister Mullins vs. Empire Co. Ltd & Sobey's Inc. 49. 1997 No. 109 Linda Margaret Joyce vs. Mark Richard Joyce 50. 1997 No. 112 Byron Osmond vs. Delrie Osmond 51. 1997 No. 117 Joe Healy vs. Joan Parsons 52. 1997 No. 119 Michael Kavanagh vs. Lottie Kavanagh 53. 1997 No. 126 Noel's Motor & Transit Limited vs. Shirley & Gerald Rockwood et al 54. 1997 No. 131 Sharon Broderick vs. Health Care Corp. of St. John's et al 55. 1997 No. 135 Winston Adams vs.

The General Hospital Corporation 56. 1997 No. 136 Frederick Lynk vs. Brenda Bent 57. 1997 No. 138 Baxter Rose vs. Norma Rose 58. 1997 No. 139 Anthony John vs. Mary K. John 59. 1997 No. 144 Human Rights Commission vs. Anil Raheja 60. 1997 No. 146 Brendan J. Paddick vs. Sharon L. Paddick 61. 1997 No. 152 Nunavik Inuit vs. Labrador Inuit Association et al 62. 1997 No. 153 Edgar LeDrew vs. Pond Head Limited et al 63. 1997 No. 128 Attorney General of Nfld. vs. Robert Hogan et al 64. 1997 No. 154 Antonius Kelly vs. Eastern Regional Appeal Board 65. 1997 No. 172 Kathi Frampton vs.

Robert Frampton 66. 1997 No. 173 Robert Green vs. Denese Murphy 67. 1997 No. 196 Clayton Tapp vs. Maxine Tapp 68. 1997 No. 205 Paul Hutchings vs. Patricia Ford 69. 1998 No. 3 Gerald W. Moss vs. Elizabeth A. Moss 70. 1998 No. 9 Denise Careen vs. Stephen Careen 71. 1998 No. 12 Nfld. & Lab. Int'l. Bldg Trades et al Vs. Int'l Union of Operating Engineers et al 72. 1998 No. 28 Nfld. & Lab. Hydro et al vs. Brenda White 73. 1998 Nos. 31 & 32 Michael Button vs. Gina & Gary Guthrie et al 74. 1998 No. 33 CUPE, Local 1560 vs. Avalon East School Board 75. 1998 No. 37 David J. Kennedy vs. Valerie J.

Kennedy 76. 1998 No. 51 Edward D. Bradbury vs. Diane E. Street (Bradbury) 77. 1998 Nos. 59 & 60 Gordon W. Genge vs. Glovertown Local Board of Appeal et al 78. 1998 No. 61 Patrice (Hannon) Halley vs. David Hannon 79. 1998 No. 62 G. & A. Masonry et al vs. Marco Limited et al 80. 1998 No. 64 George W. N. Skinner vs. Wendy S. Skinner 81. 1998 No. 68 Blastech consulting Ltd. vs. Austin Powder Ltd. 82. 1998 No. 74 Fintan Hammond vs. Bonita Hammond 83. 1998 No. 75 Anita Power vs. Paul Power 84. 1998 No. 76 Kevin J. Fowler vs. North American Life Assurance Co. 85. 1998 No. 77 Geraldine Primm vs. Charles H.

Primm 86. 1998 No. 85 Jacqueline Belle Stead vs. Donald McKinnon Greening 87. 1998 No. 87 Avalon East School Board vs. Walter & Marie Tracey et al 88. 1998 No. 89 James Wm. O'Neill vs. Joanne Luedee (Doyle) 89. 1998 No. 92. Nfld. Dockyard Corp. vs. Donald T. Young 90. 1998 No. 94 Richard Harris Porter vs. I. Deveau Fisheries Ltd. 91. 1998 No. 97 Labourers Int'l Union et al vs. Bull Arm Site Corp. 92. 1998 No. 98 Glenn Stapleton vs. Elizabeth Stapleton 93. 1998 No. 100 William Langer vs. Geraldine Langer 94. 1998 No. 104 Reginald Smith vs. Marjorie Hookey (Whey) 95. 1998 No. 105 Ronald Wall et al vs.

School Board for District # 3 96. 1998 No. 108 John Miller vs. Council for Licensed Practical Nurses et al 97. 1998 No. 112 Linda Dunn vs. Derek Dunn 98. 1998 No. 113 Comm., Energy & Paperworkers Union vs. Abitibi-Consolidated Inc. 99. 1998 No. 115 Avalon East School Board vs. Walter & Marie Tracey et al 100. 1998 No. 121 Clarenville Drydock vs. Derek Coles et al 101. 1998 No. 122 Corner Brook Pulp & Paper vs. Geocon et al 102. 1998 No. 124 The Minister of Tourism, Culture & Recreation vs. Gerald White

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 162 103. 1998 No. 129 Irene Gray vs. NAPE et al 104. 1998 No. 135 G. C. Winsor & Associates vs. City of St. John's 105. 1998 No. 144 NAPE vs. Douglas Martin 106. 1998 No. 157 Coastal Outdoors & Recreation Ltd. vs. National Fabric & Carpet Care Ltd. et al 107. 1998 No. 158 Raymond Fahey vs. Registrar of the Supreme Court 108. 1998 No. 167 James Penmen Fotheringham vs. Edna Joyce Fotheringham 109. 1998 No. 168 Jean Piercey & Denise Piccott vs. Brink's Canada Limited 110. 1998 No. 169 Charlotte Ruth Lennert vs. Ernest V.

Johnson 111. 1999 No. 4 Allen Roumiani et al vs. Sherry Fowler et al 112. 1999 No. 11 Atlas Construction I nc. et al vs. Capital Crane Limited 113. 1999 No. 17 Tony Murphy vs. Kathy Murphy 114. 1999 No. 24 Rhonda Marie Ryan vs. Randolph Ronald Parsons 115. 1999 No. 31 Owen Myers vs. Law Society of Nfld. et al 116. 1999 No. 36 Edward Vickers vs. Town of Witless Bay 117. 1999 No. 38 Human Rights Commission vs. NAPE et al 118. 1999 No. 40 Lloyd Hicks et al vs. John Cabot & Nfld. Fishing Co. Ltd. 119. 1999 No. 44 Dorset Investments vs. St.

John's Local Board of Appeal et al 120. 1999 No. 57 United Brotherhood of Carpenters & Joiners et al vs. Compton & McAuley 121. 1999 No. 58 Town of Paradise vs. Andre Loder 122. 1999 No. 64 Marc Knight vs. Robertson & Bellows 123. 1999 No. 66 G & M Enterprises Limited vs Aileen Dixon et al 124. 1999 No. 69 NAPE vs. Her Majesty in right of Nfld. 125. 1999 No. 70 Mother Wood Limited vs. Sico Inc. et al 126. 1999 No. 73 S.E.A. Contracting Ltd. vs. United Brotherhood of Carpenters & Joiners et al 128. 1999 No. 74 Margaret Haley vs. White Hills Resort Ltd. 129. 1999 No. 76. Sharon Caravan vs.

Workers' Compensation Commission et al 130. 1999 No. 78 City of Mount Pearl vs Leonard & June Whitten 131. 1999 No. 79 Newfound Disposal Limited et al vs. Chaytor Estate 132. 1999 No. 98 Michael Power vs. Adnatech Manufacturing Co Ltd. et al 133. 1999 No. 102 School Board for District # 7 vs. Christina Baker et al 134. 1999 No. 103 Garrett Mahoney vs. Annett Butler 135. 1999 No. 105 Susan Jamieson vs. Charles Henley 136. 1999 No. 108 Angela Mary Dohey vs. Philip Lawrence Dohey 137. 1999 No. 109 Norbert Benoit et al vs. School Board for District # 5 138. 1999 No. 117 Burin Peninsula Community Dev. Corp. vs.

Roger & Linda Emberley 139. 1999 No. 131 Vanessa Murray vs. Arthur Jackman 140. 1999 No. 132 Wayne Shaw vs. Deborah Bray 141. 1999 No. 135 Garry Doyle vs. Mary Doyle 142. 1999 No. 136 Gordon & Shirley Genge vs. Feltham & Town of Glovertown 143. 1999 No. 144 Lyn-Gor Development Inc. Vs. Cherubini Steel Inc. 144. 1999 No. 151 Northern Lights Air Service et al vs. Froude & Ford Mar 15

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 77 ST. JOHN'S, FRIDAY, MARCH 15, 2002 No. 11 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 16/02 NLR 17/02 NLR 18/02 NLR 19/02 NLR 20/02 NLR 21/02 NLR 22/02 NLR 23/02

The Newfoundland and Labrador Gazette March 15, 2002 145 NEWFOUNDLAND AND LABRADOR REGULATION 16/02 Notice of Wellhead Protected Water Supply Area of the Local Service District of Barachois Brook under the Environment Act (Filed March 11, 2002) Under the authority of

section 10 of the Environment Act, I desig- nate an area within the boundaries of the Local Service District of Barachois Brook as a wellhead protected water supply area. Dated at St. John’s, March 4, 2002. Ralph Wiseman Minister of Environment NOTICE This area includes all lands in the pr ovincial electoral district of St. George’s - Stephenville East abutted and bounded as follows: That is to say, by a circle of 600 metres diameter whose centre is the Local Service District of Barachoi s Brook water supply well located at UTM position 5,367,550 north, 392,950 east. Zone 21, NAD 27. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette March 15, 2002 147 NEWFOUNDLAND AND LABRADOR REGULATION 17/02 Medical Board Regulations (Amendment) under the Medical Act (Filed March 11, 2002) Under the authority of

section 13 of the Medical Act , the New- foundland Medical Board, with the approval of the Minister of Health and Community Services, makes the following regulations. Dated at St. John’s, March 11, 2002. Julie Bettney Minister of Health and Community Services Robert Young Registrar, Newfoundland Medical Board REGULATIONS Analysis 1. Ss.18.1-18.11 Added

PART VIII PROFESSIONAL MEDICAL CORPORATIONS 18.1 Corporate licence 18.2 Expiry and renewal

Medical Board Regulations (Amendment) 17/02 The Newfoundland and Labrador Gazette March 15, 2002 148 18.3 Notice of change 18.4 Certification of documents 18.5 Maintenance of records 18.6 Corporate records 18.7 Corporate name 18.8 Expiry or revocation of licence 18.9 Liability for payment of fees 18.10 Notice

PART IX GENERAL 18.11 General 1. The Medical Board Regulations are amended by adding im- mediately after

section 18 the following:

PART VIII PROFESSIONAL MEDICAL CORPORATIONS 18.1 Registration and a corporate licen ce to provide the services of one or more medical practitioners shall be granted to a corporation that (

a) files a completed application in the form approved by the registrar, and complies with the undertakings and authoriza- tions contained in it; (

b) provides to the registrar a ce rtified copy of the articles of incorporation of the corporation; (

c) satisfies the registrar that the corporation complies with the requirements of the Act and these regulations relating to pro- fessional medical corporations; and (

d) pays the prescribed fees. 18.2 A corporate licence shall be renewed by the registrar where the professional medical corporation (

a) is in good standing with the board; (

b) files a completed application for renewal in the form ap- proved by the registrar, and complies with the undertakings and authorizations contained in it; (

c) satisfies the registrar that the corporation continues to com- ply with the requirements of the Act and these regulations relating to professional medical corporations; and CNLR 1113/96 as amended Corporate licence Expiry and renewal

Medical Board Regulations (Amendment) 17/02 The Newfoundland and Labrador Gazette March 15, 2002 149 (

d) pays the prescribed fees. 18.3 A professional medical corporation shall advise the registrar of a change in the information provided in an application for corporate li- cence or an application for renewal of a licence, in the form of notice of change approved by the registrar, within 15 days of the change, and shall pay the prescribed fee. 18.4 All applications, notices and other documents submitted to the registrar on behalf of a professional medical corporation shall be certi- fied by all of the licensed medical practitioners who are directors or shareholders of the corporation. 18.5 The registrar shall maintain a record of the following informa- tion with respect to each professional medical corporation: (

a) the name, registered office , medical offices and corporate number of the professional medical corporation; (

b) the names and residential addresses of all persons holding voting shares in the corporation, the number and class of voting shares held by each person, and the terms, conditions and restrictions applicable to the voting shares; (

c) the name and residential address of all persons holding non- voting shares in the corporation, the number and class of non-voting shares held by each person, and the terms and conditions applicable to the non-voting shares; (

d) the names and residential addresses of the directors of the professional medical corporation; (

e) the names and residential addresses of all licensed medical practitioners practising medicine as employees or on behalf of the corporation; (

f) the date of issuance of th e original licence to the profes- sional medication corporation; (

g) each date of renewal of the licence of the professional medi- cal corporation; and Notice of change Certification of documents Maintenance of records

Medical Board Regulations (Amendment) 17/02 The Newfoundland and Labrador Gazette March 15, 2002 150 (

h) the other particulars that may be directed by the board or that the registrar considers appropriate. 18.6 A professional medical corporation shall (

a) maintain current financial re cords in accordance with gener- ally accepted accounting principles; (

b) prepare a financial statement at the end of each fiscal year; (

c) maintain current patient records; and (

d) maintain, in accordance w ith generally accepted business standards, records with respect to its employees. 18.7

(1) The name of a professional medical corporation shall contain (

a) the surnames, or the surnames and a combination of the given names or initials and professional designation, of one or more licensed medical practitioners who hold voting shares in the corporation or who are practising medicine as employees or on behalf of the corporation; (

b) the words "Medical Clinic" or words with a similar meaning together with the names referenced in paragraph (

a) or to- gether with words establishing a geographic location or area of practice; or (

c) other words that indicate in a manner acceptable to the reg- istrar that the corporation is engaged in the practice of medi- cine, followed by the words "Professional Medical Corporation" or "Prof. Med. Corp." or the initials "P.M.C."

(2) The registrar may refuse to accept articles of incorporation or continuation for a corporation or to register articles amending the name of a professional medical corporation where, in the opinion of the registrar, (

a) the name is inaccurate or may be misleading; Corporate records Corporate name

Medical Board Regulations (Amendment) 17/02 The Newfoundland and Labrador Gazette March 15, 2002 151 (

b) the name expresses or implies superiority of qualifications, experience or education over that of other medical practitio- ners; or (

c) the name would tend to bring the medical profession into disrepute or otherwise is objectionable in light of profes- sional standards of practice and ethics. 18.8

(1) Where a corporate licence expires without renewal or is revoked under

section 23.5 of the Act, the registrar shall promptly (

a) enter on the corporate regist ry a memorandum with respect to the expiry or revocation of the licence; and (

b) notify the professional medi cal corporation, all licensed medical practitioners practising medicine as employees or on behalf of the professional medical corporation, and the other parties that the registrar considers appropriate that the li- cence of the professional medical corporation has expired or has been revoked.

(2) Upon expiry of a corporate licence without renewal, or the revocation of a licence, under

section 23.5 of the Act, the registrar shall determine whether the professional medical corporation is entitled to apply for a new licence and may prescribe conditions under which the licence shall be issued.

(3) A new licence shall not be issued unless an application for a corporate licence is made in accorda nce with these regulations and the registrar is satisfied that the corporation has complied with all the con- ditions applicable to the licence. 18.9

(1) A professional medical corporation is jointly liable for the payment of the annual licensing f ee in respect of each medical practi- tioner holding voting shares in the professional medical corporation and each medical practitioner practising medicine as an employee or on behalf of the corporation.

(2) Where a professional medical corporation has paid an annual licensing fee in respect of a medical practitioner, the medical practitio- ner is not liable to pay an annual licensing fee for the year for which the professional medical corporation has paid his or her annual licensing fee. Expiry or revoca- tion of licence Liability for pay- ment of fees

Medical Board Regulations (Amendment) 17/02 The Newfoundland and Labrador Gazette March 15, 2002 152

(3) Where a medical practitioner has paid an annual licensing fee before acquiring voting shares in the professional medical corpora- tion, or before practising medicine as an employee or on behalf of the corporation, the professional medical corporation is not liable to pay the medical practitioner’s annual licensing fee for the year for which he or she has paid the fee. 18.10 A notice required to be given to a professional medical corpora- tion, or to a director, shareholder or employee of a medical corporation, under the Act or these regulations shall be by personal service or by prepaid registered mail to the last address filed with the registrar in relation to an application for corpor ate licence, an application for re- newal of a licence or a notice of change.

PART IX GENERAL 18.11 Where notice of

an act or thing is required to be given to the registrar or to the board under the Act or these regulations, it shall be in writing and shall be sent by prepaid registered mail addressed to the registrar at the board’s office address. ©Earl G. Tucker, Queen's Printer Notice General

The Newfoundland and Labrador Gazette March 15, 2002 153 NEWFOUNDLAND AND LABRADOR REGULATION 18/02 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed March 11, 2002) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules. Dated at St. John's, March 6, 2002. Barry R. Sparkes, B.C.L. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 4 Amdt. RULES AND DOCUMENTS 2. Rule 59 Amdt. THE REGISTRAR'S COMPENSATION RULE 1. Rule 4 of the Rules of the Supreme Court, 1986 is amended by renumbering rule 4.01 as 4. 01(1) and by a dding immediately after that rule the following:

(2) All forms that contain a refe rence to "Newfoundland" are amended to refer to "Newfoundland and Labrador".

Rules of the Supreme Court, 1986 (Amendment) 18/02 The Newfoundland and Labrador Gazette March 15, 2002 154

(3) All pleadings and other documents filed in the Court shall, when referring to the Trial Division in the style of cause or otherwise, refer to it as: "Supreme Court of Newfoundland and Labrador, Trial Division". 2. Rule 59.02 of the Rules is amended by adding immediately after the words "when acting as a trustee" the words "or guard- ian". ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette March 15, 2002 155 NEWFOUNDLAND AND LABRADOR REGULATION 19/02 Divorce Rules of the Supreme Court of Newfoundland (Amendment) under the Judicature Act and Divorce Act (Canada) (Filed March 11, 2002) Under the authority of

section 55 of the Judicature Act and sec- tion 25 of the Divorce Act (Canada), the Rules Committee of the Trial Division makes the following Rules. Dated at St. John's, March 6, 2002. Barry R. Sparkes, B.C.L. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 1 R&S

Short title 2. Rule 4 Amdt. Commencement of divorce proceeding 3. Rule 34 Amdt. Forms 4. General Amdt.

Divorce Rules of the Supreme Court of Newfoundland (Amendment) 19/02 The Newfoundland and Labrador Gazette March 15, 2002 156 1. Rule 1 of the Divorce Rules of the Supreme Court of New- foundland is repealed and the following substituted: 1. These rules may be cited as the Divorce Rules of the Supreme Court of Newfoundland and Labrador. 2. Rule 4 of the rules is amended by adding the following im- mediately after subsection (3):

(4) All pleadings and other documents filed in the court shall, when referring to the Supreme Court of Newfoundland, refer to it as "Supreme Court of Newfoundland and Labrador". 3. Rule 34 of the rules is amended by adding the following im- mediately after subsection (4):

(5) All forms that contain a reference to "Newfoundland" are amended to refer to "Newfoundland and Labrador". 4. All references in the rules to "Newfoundland" are amended to refer to "Newfoundland and Labrador". ©Earl G. Tucker, Queen's Printer NLR 86/86 as amendedShort title General Amdt.

The Newfoundland and Labrador Gazette March 15, 2002 157 NEWFOUNDLAND AND LABRADOR REGULATION 20/02 Rules of the Unified Family Court (Amendment) under the Judicature Act and Unified Family Court Act (Filed March 11, 2002) Under the authority of

section 55 of the Judicature Act and sec- tion 9 of the Unified Family Court Act , the Rules Committee of the Trial Division makes the following Rules. Dated at St. John's, March 6, 2002. Barry R. Sparkes, B.C.L. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 4 Amdt. Title of proceedings 1. Rule 4 of the Rules of the Unified Family Court is amended by renumbering it as rule 4(1), by deleting the phrase "in the Uni- fied Family Court" and substituting the phrase "in the Supreme CNLR 1116/96 as amended

Rules of the Unified Family Court (Amendment) 20/02 The Newfoundland and Labrador Gazette March 15, 2002 158 Court of Newfoundland and Labrador, Unified Family Court" and by adding immediately after that rule the following:

(2) All forms that contain a refe rence to "Newfoundland" are amended to refer to "Newfoundland and Labrador".

(3) All pleadings and other documents filed in the court shall, when referring to the Supreme Court of Newfoundland in the style of cause or otherwise, refer to it as "Supreme Court of Newfoundland and Labrador". ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette March 15, 2002 159 NEWFOUNDLAND AND LABRADOR REGULATION 21/02 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed March 11, 2002) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules. Dated at St. John's, March 6, 2002. Barry R. Sparkes, B.C.L. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 5 Amdt. COMMENCEMENT OF PROCEEDINGS 2. Rule 5A Added COMMENCEMENT OF PROCEEDINGS FOR ENTRY OF JUDGMENT PURSUANT TO STATUTE AND ELECTRONIC FILING OF CERTAIN DOCUMENTS 1.

(1) Rule 5 of the Rules of the Supreme Court, 1986 is amended by renumbering rule 5.01 as 5.01(1), by deleting the phrase "Subject to rule 5.05(2)" and substituting the phrase "Sub-

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 160 ject to rules 5.01(2) and 5.05(2)" and by adding immediately after that rule the following:

(2) Notwithstanding anything to the contrary in this Rule, a proceeding to enter judgment pursuant to statute to enforce payment of a fine, late payment penalty, forfeiture, assessment or tax within Rule 5A shall be commenced and proce ssed in accordance with the provi- sions of that Rule.

(2) Rule 5.04(3) of the rules is repealed and the following substituted:

(3) The file number assigned to a proceeding shall consist of the year of issue, a number , followed by the letter "T" , to distinguish the judicial centre where the proceeding is commenced as follows: 01T St. John=s 03T Grand Falls 04T Corner Brook 05T Gander 06T Grand Bank 08T Happy Valley-Goose Bay and then followed by the consecutive number of the proceeding in the order of filing in the Registry of the judicial centre where the proceed- ing is commenced. 2. The rules are amended by addi ng immediately after Rule 5 the following:

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 161 RULE 5A COMMENCEMENT OF PROCEEDINGS FOR ENTRY OF JUDGMENT PURSUANT TO STATUTE AND ELECTRONIC FILING OF CERTAIN DOCUMENTS

Interpretation 5A.01.

(1) In this Rule 5A, (a) "adjudicating body" means the Trial Division, the Provincial Court of Newfound land and Labrad or, the Workplace, Health, Safety and Compensation Commission or the Min- ister of Finance, as the case may be; (b) "approved software" means any form of computer software identified in the Gazette as having been approved by the Registrar as being suitable for use in the electronic filing of documents and entry of judgments pursuant to this Rule, and includes a certificate template and a judgment template; (c) "certificate template" means the form of certificate repro- duced as Form 5A.01A with such variations as the case may require and, in the case of an electronic filing, a court form of certificate, in electronic fo rmat, approved by the Regis- trar; (d) "designated certifying offi cial" means the administrative officer, clerk, secretary or ch ief executive officer having ac- cess to the records of an ad judicating body, and designated by law or by the senior administrative official of that body, or by the Attorney General of the province in relation to claims by the Attorney Genera l, to certify the correctness of information relating to fines, late payment penalties, forfei- tures, assessments and taxes of that body; (e) "electronic seal" means a screened image of the Seal of the Trial Division which is used by software applications authorized by the Registrar that are protected by a password to which only the Registrar or persons designated by the Registrar have access;

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 162 (f) "electronic signature" means a screened image of the signa- ture of a person which is used by authorized applications that are protected by a password to which only the person whose signature is to be elect ronically reproduced, or a per- son authorized by that person, has access; (g) "judgment claimant" means (

i) the Attorney General of the province acting pursuant to

section 33 of the Provincial Offences Act to enforce, by way of civil judgment, payment of a fine and late pay- ment penalty imposed under a provincial statute, (ii) the Attorney General of Ca nada or the Attorney General of the province acting pursuant to

section 734.6 of the Criminal Code to enforce, by way of civil judgment, payment of a fine or forfeiture imposed under a statute of the Parliament of Canada, (iii) the Workplace, Health, Safety and Compensation Commission acting pursuant to section118 of the Work- place, Health, Safety and Compensation Act to enforce, by way of civil judgment, payment of an assessment made under that Act, and (iv) the Minister of Finance acting pursuant to (

A) section 27 of the Mining and Mineral Rights Tax Act, (

B) section 29 of the Gasoline Tax Act, (

C) section 9 of the Health and Post-Secondary Educa- tion Tax Act, (

D) section 21 of the Insurance Companies Tax Act, (

E) section 36 of the Tobacco Tax Act, (

F) section 28 of the Financial Corporations Capital Tax Act, (

G) section 47 of the Retail Sales Tax Act, or

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 163 (H) subsection 5(2) of the School Tax Authorities Winding Up Act, to enforce, by way of civil judgment, payment of a tax, interest or penalties imposed under such Act or Acts; and (h) "judgment template" means the form of order reproduced in Form 5A.01B with such variations as the case may require, and in the case of an electronic filing, a court form of judg- ment, in electronic format, approved by the Registrar.

(2) Documents filed under this Rule may be filed electronically and judgments may be entered electronically by using the approved software and document templates.

(3) A document filed electronically shall be deemed to have been filed at the time and on the da te the electronic system assigns the time and date of filing. Entry of judgment 5A.02.

(1) Where a judgment claimant seeks to enforce payment of a fine, late payment penalty, forfeiture, assessment or tax by causing a judgment of the Trial Division to be entered against the person liable to pay it, the judgment claimant shall, using the certificate template, file in the registry in the Judicial Centre of St. John =s a certificate, verified by the signature or the electronic signat ure of a designated certifying offi- cial, certifying (

a) the name and current known address of the person who is subject to and liable to pay the fine, late payment penalty, forfeiture, assessment or tax; (

b) the fact that the fine, late payment penalty, forfeiture, as- sessment or tax as the case may be, was imposed and the amount or amounts thereof as well as the date of imposition and the date when it became payable; (

c) the fact that the fine, late payment penalty, forfeiture, as- sessment or tax or any portion th ereof (and if a portion, the amount of that portion) was not paid within the time allowed for payment;

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 164 (

d) the amount or amounts for which judgment is sought to be entered; and (

e) that the person making the certificate has knowledge of the information in the certificate and has been duly authorized to make the certificate and to request that the amount claimed be entered as a judgment or to file it as a judgment of the court.

(2) Upon the filing of a certificat e, the Registrar, either manu- ally or using the approved software, shall (

a) assign or cause to be assigned a file number in accordance with rule 5.04(1)(

a) and record the date of filing; (

b) examine the certificate to be satisfied that (

i) the requirements of the applicable legislation for the entry of judgment have been satisfied, and (ii) if the certificate has been filed electronically, that the certificate has been signed by a designated certifying of- ficial using an electronic signature; (

c) if so satisfied, cause a judgment of the court, in which the judgment claimant shall be described as AClaimant@ and the person whom the certificate identifies as the person who owes the fine, late payment penalty, forfeiture, assessment or tax shall be described as ADefendant@, to be entered either in conventional form or using the judgment template; and (

d) provide a copy of the judgment so entered to the judgment claimant.

(3) Where he is not satisfied that the requirements of the appli- cable legislation for the entry of judgment have been satisfied or that the amount claimed is correct or that the person named in the certifi- cate has been correctly named or described, the Registrar may (

a) reject the certificate and refuse to enter any judgment; (

b) request a further or amende d certificate or other document; and

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 165 (

c) require the judgment claimant to make an application to court for determination of the matter by a judge.

(4) A judgment claimant may at any time apply to the court for the entry of judgment or for the determination of any other matter in accordance with this Rule.

(5) On any application to the court pursuant to rule 5A.02(3)(

c) or rule 5A.02(4), the court may order that notice and an opportunity to be heard be given to the person against whom judgment is sought to be entered and to any other person who may be affected by the applica- tion. Filing fees 5A.03.

(1) Where a certificate is filed electronically pursuant to this Rule, the judgment claimant shall, no later than the next business day, forward to the registry by ordinary mail or otherwise cause to be deliv- ered to the registry a cheque for the amount of the filing fees that would otherwise be payable for the filing of an originating document under these Rules.

(2) Where facilities exist, the Registrar so approves and a judg- ment claimant consents, the payment of filing fees may be effected by a pre-authorized chequing plan arra nged with, or an electronic debit charge made to, the banker of the judgment claimant. Records 5A.04.

(1) The Registrar may establish and maintain an electronic data base for the storage of all documents filed electronically pursuant to this Rule and of all judgments entered pursuant to such filings; and where such a data base is maintained, the keeping of records by con- ventional means may be dispensed with.

(2) Where a judgment entered pursuant to this Rule is or is to be stored electronically, it shall be deem ed to have been properly entered if (

a) the judgment is created by using the approved software and any judgment templates associated therewith;

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 166 (

b) it has affixed thereto the electronic signature of the Registrar or of any person to whom the duty of the Registrar has been assigned pursuant to

section 63(2) of the Judicature Act; and (

c) it has affixed thereto the electronic seal of the court.

(3) A printed copy of a judgment entered electronically pursuant to this Rule shall be deemed to be a true copy of the judgment so en- tered, if (

a) it is printed from the data base storing the judgment using the approved software; and (

b) it is so certified by the Registrar.

(4) Where a copy of a judgment entered electronically pursuant to this Rule is to be transmitted electronically to another person, it shall be deemed to be a true copy of the judgment so entered if it contains a certificate stating that it is printed from the data base storing the judg- ment using the approved software an d the certificate contains the elec- tronic signature of the Registrar. Amendments 5A.05.

(1) Either before or after entr y of judgment pursuant to this Rule, a judgment claimant may amend the certificate or apply to amend any judgment entered pursuant thereto to correct the name of the de- fendant or the amount of the money claimed by filing a further certifi- cate with the amended information and with an explanation for the error.

(2) Where the Registrar is satisfied that the error in the original certificate or judgment was a cleri cal mistake or arose from an acci- dental mistake or omission, he may make the amendment, and cause an amended judgment to be entered accordingly. Application to set aside judgment 5A.06. Where a judgment is entered pursuant to this Rule, the person against whom it is entered may apply to the court pursuant to rule 29.13 to set aside or vary the judgment on the grounds that

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 167 (

a) there was an error in the certificate or the judgment entered pursuant thereto, as to the amount of money due by that per- son; (

b) that person is not the person named in or intended to be af- fected by the certificate or judgment; or (

c) the requirements of the applicable legislation for the entry of judgment have not been satisfied, or on such other grounds as may be appropriate.

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 168 Form 5A.01A (rule 5A.01(1)(c)) 20 ____ 01T ____ In the Supreme Court of Newfoundland and Labrador Trial Division BETWEEN A.B. _______________ CLAIMANT and C.D. _______________ DEFENDANT Certificate I, , , being the designated certifying official of the Claimant, make oath and say as follows: 1. The name and current known address of the person who is subject to and liable to pay the fine(s), late payment penalty(ies), for- feiture(s), assessment(

s) or tax(es) are: 2. The fine(s), late payment penalty(ies), forfeiture(s), assess- ment(

s) or tax(es), as the case may be, was(were) imposed and the amount or amounts thereof as well the date(

s) of imposition and the date(

s) when the amount(

s) became payable are: 3. The fine(s), late payment penalty(ies), forfeiture(s), assess- ment(

s) or tax(es) or any portion(

s) thereof (and if a portion(s), the amount(

s) of such portion(s)) was(were) not paid within the time(

s) allowed for payment; 4. The amount or amounts for which judgment is sought to be entered is(are): 5. I have knowledge of the information in this Certificate and am duly authorized to make this Ce rtificate and to request that the amount(

s) claimed be entered as a judgment, or to file this Certificate as a judgment of the court, pursuant to the provisions of ________________________________________________________.

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 169 SWORN (OR AFFIRMED) to at St. John's, Newfoundland and Labrador this _______ day of _______, 20_____, before me: ___________________________________ Designated Certifying Official

Rules of the Supreme Court, 1986 (Amendment) 21/02 The Newfoundland and Labrador Gazette March 15, 2002 170 Form 5A.01B (rule 5A.01(1)(h)) 20 ____ 01T ____ In the Supreme Court of Newfoundland and Labrador Trial Division BETWEEN A.B. _______________ CLAIMANT and C.D. _______________ DEFENDANT Order The Defendant, having failed to pay the fine(s), late payment pen- alty(ies), forfeiture(s), assessment(

s) or tax(es) listed on the Certificate filed herein as owing to the Claimant within the time allowed for pay- ment, as certified by the designated certifying official, It is hereby ordered that judgment be entered against the Defendant in favour of the Claimant pursuant to the provisions of __________ the sum of $ , being the total amount of the fine(s), late payment pen- alty(ies), forfeiture(s), assessment(

s) and tax(es) listed on the said Cer- tificate filed herein as owing by the Defendant, and that a copy of this Order be served on the Defendant either personally or by ordinary mail at the Defendant's last known address. Dated at St. John's, Newfoundland and Labrador, this __________ of __________, 20____. Registrar of the Supreme Court ©Earl G. Tucker, Queen's Printer

171The Newfoundland and Labrador Gazette March 15, 2002 NEWFOUNDLAND AND LABRADOR REGULATION 22/02 Proclamation bringing the Order of Newfoundland and Labrador Act into force (SNL 2001, cO-7.1) (Mar. 15/02) under the Order of Newfoundland and Labrador Act (o.c. 2002-118) (Filed March 12, 2002) 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. ARTHUR MAXWELL HOUSE JOHN R. CUMMINGS Lieutenant-Governor Deputy Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 18 of the Order of Newfoundland and Labrador Act, S.N.L. 2001, cO-7.1, (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 advise of Our Executive Council of Our Province of Newfoundland and Labrador, do by this Our Proclamation declare and direct that the Order of Newfoundland and Labrador Act, S.N.L. 2001, cO-7.1 shall come into force on the date of publication in The Newfoundland and Labrador Gazette. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. 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.

172The Newfoundland and Labrador Gazette March 15, 2002 WITNESS: Our trusty and well-beloved the Honourable A. M. House, Lieutenant-Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 11 th day of March, in the year of Our Lord two thousand and two in the fifty-first year of Our Reign. BY COMMAND, ROBERT F. SMART Deputy Registrar General

The Newfoundland and Labrador Gazette March 15, 2002 173 NEWFOUNDLAND AND LABRADOR REGULATION 23/02 Occupational Health and Safety Regulations (Amendment) under the Occupational Health and Safety Act (O.C. 2002-026) (Filed March 12, 2002) Under the authority of subsection 65(3) of the Occupational Health and Safety Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, January 31, 2002. Deborah E. Fry Clerk of the Executive Council REGULATION Analysis 1. S.187.1 Added Diving standards 1. The Occupational Health and Safety Regulations are amended by adding immediately after

section 187 the following: CNLR 1165/96 as amended

Occupational Health and Safety Regulations (Amendment) 23/02 The Newfoundland and Labrador Gazette March 15, 2002 174 187.1

(1) The following standards and code, including amendments to them, respecting diving operations are adopted and constituted as part of these regulations: (

a) CAN/CSA-Z275.4-97 "Competency Standard for Diving Operations"; and (

b) CAN/CSA-Z275.2-92 "Occupational Safety Code for Diving Operations".

(2) Diving operations for scientific purposes shall be conducted in accordance with the current Ca nadian Associatio n for Underwater Science Standard of Practice for Scientific Diving.

(3) The standard referred to in paragraph (1)(

a) takes effect 24 months after the publication of this

section in the Gazette and the code referred to in paragraph (1)(

b) takes effect 6 months after the publica- tion of this

section in the Gazette. ©Earl G. Tucker, Queen's Printer Diving standards

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 175 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 1 3 5 C o r p o r a t i o n s A c t — N o t i c e s ........................................................................... 1 3 6 J u d i c a t u r e A c t — C o u r t o f A p p e a l....................................................................... 1 6 0 L a n d s A c t — N o t i c e o f I n t e n t .......................................................................... 1 3 2 M i n e r a l A c t — N o t i c e ................................................................................ 1 3 0 P r o c l a m a t i o n — S u m m o n o f G e n e r a l A s s e m b l y............................................................ 1 2 9 Quieting of Titles Act — Notice ........................................................................ 1 3 3 T r u s t e e A c t — E s t a t e N o t i c e s .......................................................................... 1 3 2

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NF & Lab. Gazette made thereunder NLR. Amendment Date & Page No. Environment Act Notice of Wellhead Protected Water NLR 16/02 New Mar. 15/02, p. 145 Supply Area of the Local Service District Of Barachois Brook Medical Act Medical Board Regulations NLR 17/ 02 Amends Mar. 15/02, p. 147 (Amdt) CNLR 1113/96, Ss. 18.1-18.11 added. Judicature Act Rules of the Supreme NLR 18/02 Ru les 4 and Mar. 15/02, p. 153 Court, 1986 (Amdt) 59 Amdt. Rules of the Supreme NLR 21/02 Rule 5 Amdt.

Mar. 15/02, p.159 Court, 1986 (Amdt) Rule 5A Added Judicature Act and the Divorce Act (Canada) Divorce Rules of the Supreme Court NLR 19/02 NLR 86/86 Amdt. Mar. 15/02, p.155 of Newfoundland (Amdt) Rule 1 R&S Rule 4 Amdt. Rule 34 Amdt. General Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 176 CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NF & Lab. Gazette made thereunder NLR. Amendment Date & Page No. Judicature Act and the Unified Family Court Act Rules of the Unified NLR 20/02 Amends Mar. 15/02, p.157 Family Court (Amdt) CNLR 1116/96 S.4 Amdt. Order of Newfoundland and Labrador Act Proclamation bringing the NLR 22/02 New Mar. 15/02, p. 171 Order of Newfoundland and Labrador Act into force (SNL 2001, cO-7.1) (Mar.15/02) Occupational Health & Safety Act Occupational Health & Safety NLR 23/02 CNLR 1165/96 Mar. 15/02, p. 173 Regulations (Amdt) S. 187.1 Added

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 177 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen's Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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

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

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 15, 2002 178

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2002-03-15
Type	gazette
Volume / chapter	printer gazette weekly issues 2002 2002 03 15
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7bda851bc4bee71a4cd5d668a7e39b63ba178a1f

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