Newfoundland and Labrador Gazette, Part I — 2 November 2018, Vol. 93, No. 44 — Lands Act Notice

NLG 2018-11-02

Newfoundland and Labrador — Gazette

Vol. 93 ST. JOHN’S, FRIDAY , NOVEMBER 2, 2018 No. 44 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY 361 LANDS ACT Notice of Intent,

Section 7 Lands Act, SNL 1991 c36 as amended NOTICE IS HEREBY given that an application has been made to the Department of Fisheries and Land Resources, Agriculture and Lands Branch, to acquire title, pursuant to

section 7(2)(

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Norris Cove, Bonne Bay for the purpose of slipway and wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see the website below: http://www.ma.gov.nl.ca/lands/sec7notifications.html Please note: It may take up to 5 days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of the notice on the Department of Fisheries and Land Resources website, Crown Lands, http://www.ma.gov. nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: • Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca • Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca • Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca • Labrador Regional Lands Office, P.O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labra - dorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Nov 2 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of MARY BALDWIN, Late of Carbonear, in the Province of Newfoundland and Labrador, Deceased.

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2018 362 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 MARY BALDWIN, Gentlewoman, who died at Carbonear, NL on or about February 14, 2018, are hereby requested to send particulars thereof in writing, duly attested, to Office of the Public Trustee, 401 - 136 Crosbie Road, St. John’s, NL, A1B 3K3.

Particulars will be received by the Public Trustee, as Administrator of the Estate of MARY BALDWIN, on or before December 7, 2018, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED AT the City of St. John’s, in the Province of Newfoundland and Labrador, this 2 nd day of November, 2018. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of MARY BALDWIN ADDRESS FOR SERVICE: 401 - 136 Crosbie Road St.

John’s, NL A1B 3K3 Tel: (709) 729-850 Fax: (709) 729-3063 Nov 2 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of the late MICHAEL JOHN CONNELLY , Late of the Town of Twillingate, in the Province of Newfoundland and Labrador, Computer Support Specialist, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of MICHAEL JOHN CONNELLY , Late of the Town of Twillingate, aforesaid, Deceased, are hereby requested to send particulars thereof, in writing, duly attested, to the undersigned solicitors for the Administrator of the Estate of the said Deceased on or before the 23 rd day of November, 2018, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which they then shall have notice.

DATED AT the Town of Gander, in the Province of Newfoundland and Labrador, this 15th day of October, 2018. EASTON HILLIER LAWRENCE INNES Solicitors for the Administrator PER: Mary Waterman Newton ADDRESS FOR SERVICE: Polaris Building 61 Elizabeth Drive Gander, NL A1V 1G4 Tel: (709) 256-4006 Fax: (709) 651-2850 Nov 2 ESTATE NOTICE IN THE MATTER OF the Estate of DA VID JOHN DA VIS, Late of St. John’s in the Province of Newfoundland and Labrador, Deceased.

All persons claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by full or half blood, legal adoption or marriage) upon or affecting, the Estate of DA VID JOHN DA VIS, Gentleman, who died at St. John’s, NL on or about 6th day of June, 2017, are hereby requested to send particulars thereof in writing, duly attested, to Office of the Public Trustee, Suite 401 - 136 Crosbie Road, St. John’s, NL, A1B 3K3.

Particulars will be received by the Public Trustee, as Administrator of the Estate of DA VID JOHN DA VIS, on or before 2nd day of December, 2018, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED AT the City of St. John’s, in the Province of Newfoundland and Labrador, this 2 nd day of November, 2018. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of DA VID JOHN DA VIS ADDRESS FOR SERVICE: Suite 401 - 136 Crosbie Road St.

John’s, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 Nov 2 ESTATE NOTICE IN THE MATTER OF the Estate of ELIZABETH HALLERAN, Late of St. John’s, in the Province of Newfoundland and Labrador, 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 ELIZABETH HALLERAN, Gentlewoman, who died at St. John’s, NL on or about January 19, 2017, are hereby requested to send particulars thereof in writing, duly attested, to Office of the Public Trustee, 401 - 136 Crosbie Road, St.

John’s, NL, A1B 3K3. Particulars will be received by the Public Trustee, as Administrator of the Estate of Elizabeth Halleran, on or before December 7, 2018, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice.

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2018 363 DATED AT the City of St. John’s, in the Province of Newfoundland and Labrador, this 15th day of June, 2018. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of ELIZABETH HALLERAN ADDRESS FOR SERVICE: 401 - 136 Crosbie Road St. John’s, NL A1B 3K3 Tel: (709)729-0850 Fax: (709) 729-3063 Nov 2 ESTATE NOTICE IN THE MATTER OF the Estate of GARY ALLAN ROBERTS, Late of Spaniard’s Bay in the Province of Newfoundland and Labrador, Deceased.

All persons claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by full or half blood, legal adoption or marriage) upon or affecting, the Estate of GARY ALLAN ROBERTS, Gentleman, who died at Carbonear, NL on or about 16th day of October, 2017, are hereby requested to send particulars thereof in writing, duly attested, to Office of the Public Trustee, Suite 401 - 136 Crosbie Road, St. John’s, NL, A1B 3K3.

Particulars will be received by the Public Trustee, as Administrator of the Estate of GARY ALLAN ROBERTS, on or before 2 nd day of December, 2018, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED AT the City of St. John’s, in the Province of Newfoundland and Labrador, this 2 nd day of November, 2018 OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of GARY ALLAN ROBERTS ADDRESS FOR SERVICE: 401 - 136 Crosbie Road St. John’s, NL A1B 3K3 Tel: (709)729-0850 Fax: (709) 729-3063 Nov 2

Vol. 93 ST. JOHN’S, FRIDAY , NOVEMBER 2, 2018 No. 44 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 99/18 NLR 100/18 NLR 101/18 NLR 102/18

The Newfoundland and Labrador Gazette November 2, 2018 1137 NEWFOUNDLAND AND LABRADOR REGULATION 99/18 Milk Regulations, 1998 (Amendment) under the Milk Scheme, 1998 under the Natural Products Marketing Act (Filed October 30, 2018) 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, October 26, 2018. John Moores General Manager Dairy Farmers of Newfoundland and Labrador REGULATIONS Analysis 1. S.22 R&S Minimum price for milk

Section 22 of the Milk Regulations, 1998 is repealed and the following substituted: 22. The minimum price at which milk shall be bought, sold or offered for sale FOB registered processors premises i n the province shall be $120.55 per hectolitre of standard milk containing 3.6 NLR 69/98 as amended Minimum price for milk

The Newfoundland and Labrador Gazette November 2, 2018 1138 Milk Regulations, 1998 (Amendment) 99/18 kilograms of butterfat, and for every kilogram in excess of that butterfat content, the minimum price shall be adjusted by the amount of $5.20 per hectolitre. ©Queen's Printer

The Newfoundland and Labrador Gazette November 2, 2018 1139 NEWFOUNDLAND AND LABRADOR REGULATION 100/18 Used Oil and Used Glycol Control Regulations under the Environmental Protection Act (O.C. 2018-220) (Filed November 1, 2018) Under the authority of

section 111 of the Environmental Protection Act, the Lieuten ant-Governor in Council m akes the following regulations. Dated at St. John’s,November 1, 2018. Ann Marie Hann Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Interpretation 3. Designate 4. Disposal of used oil and used glycol 5. Combustion 6. Disposal of certain substances prohibited 7. Storage facility owner responsibilities 8. Registration of storage tank systems 9. Prohibition 10. Amendment, suspension or cancellation of registration 11. Construction standards 12. Inspections 13. Transitional 14. Repeal 15. Commencement 1. These regulations may be cited as the Used Oil and Used Gl ycol Control Regulations.

Short title

The Newfoundland and Labrador Gazette November 2, 2018 1140 Used Oil and Used Glycol Control Regulations 100/18 2.

(1) In these regulations (a) "Act" means the Environmental Protection Act; (b) "contingency plan" means planned procedures for reporting, containing, removing and cleaning up a spill or leak; (c) "container" means a storage vessel normally sealed by means of a lid or other device that neither liquid nor v apour will escape from it at ordinary temperatures and is d esigned or approved for the storage of the contained product; (d) "department" means the department presided over by the minister; (e) "generator" means a person who generates used oil or used glycol and includes a used oil or used glycol collector; (f) "glycol" means ethylene or propylene glycol used or intended for use as a vehicle or commercial engine coolant but does not include (

i) plumbing antifreeze, (ii) windshield washer antifreeze, (iii) lock de-icer and lock antifreeze, and (iv) gasoline and diesel antifreeze; (g) "glycol container" means a container with a capacity of 50 litres or less manufactured for the purpose of holding glycol; (h) "leak" means a discharge of used oil or used glycol from a storage tank system, container, pipeline, tank vessel, tank car or tank vehicle other than through the usual function for which the storage tank system, container, p ipeline, tank vessel, tank car or tank vehicle was designed; (i) "minister " means the minister appointed under the Executive Council Act to administer the Act; (j) "oil" means

Interpretation

The Newfoundland and Labrador Gazette November 2, 2018 1141 Used Oil and Used Glycol Control Regulations 100/18 (

i) petroleum or synthetic derived crankcase oil, engine oil and gear oil, (ii) hydraulic fluid, transmission fluid and heat transfer fluid, and (iii) fluid used for lubricating purposes in machinery or equipment; (k) "oil container" means a container with a capacity of 50 litres or less manufactured for the purposes of holding oil; (l) "oil filter" means a spin -on style or element style fluid fi lter that is used in hydraulic, transmission or internal co mbustion engine applications and includes a diesel fuel filter, a storage tank fuel filter, a household furnace oil filter but does not include a gasoline filter; (m) "oil separator" means a device used to separate and remove oily wastes from oil and water mixtures; (n) "person" includes a group of persons whether or not they are incorporated; (o) "residence" means a house, mobile home, apartment, cottage, cabin or other dwelling and ancillary buildings including sheds, garages and other attached or detached buildings, whether temporary or permanent; (p) "return facility" means a facility that accepts used oil, used oil filters, oil containers, used glycol and glycol containers from persons who wish to re turn them, and that is identified as a collection facility through an approved oil and glycol stewardship plan; (q) "secondary containment" means containment that pr events leaks from the primary storage tank system from reaching outside the containment ar ea and includes double- wall storage tanks and piping and impermeable barriers; (r) "spill" means a loss of used oil or used glycol in excess of 70 litres from a storage tank system, pipeline, tank vessel or vehicle onto or into the soil or water;

The Newfoundland and Labrador Gazette November 2, 2018 1142 Used Oil and Used Glycol Control Regulations 100/18 (s) "storage facility" means a facility set up for the pu rpose of collecting and storing used oil or used glycol and includes all associated storage tank systems, loading and unloading areas and used oil or used glycol transport vehicle parking areas; (t) "storage tank system" means an atmospheric closed storage tank, including associated piping and secondary containment, used or intended for use for the containment of used oil or used glycol that is located in a stationary location, in cluding a temporary arrangement on cradles, skids or wheels; (u) "total petroleum hydrocarbons" means the sum of total purgeable and total extractable hydrocarbons; (v) "used glycol" means glycol that, through use, storage or handling, can no longer be used for its original purpose; (w) "used oil" means oil that, through use, storage or handling, can no longer be used for its original purpose; (x) "used glycol collector" means a person holding a valid certificate of approval , issued by the minister to engage in the business of collecting, transporting, storing, selling and handling used glycol and includes an agent of a used glycol collector; and (y) "used oil collector" means a person holding a valid certificate of approval , issued by the minister to engage in the business of collecting, transporting, storing, selling and handling used oil and includes an agent of a used oil collector.

(2) For the purpose of these regulations, used oil, used oil filters, oil containers, used glycol and glycol containers shall be consi dered to be waste material. 3. The minister may designate an employee of the gover nment to act on his or her behalf for the purpose of these regulations. 4.

(1) In this

section Designate Disposal of used oil and used glycol

The Newfoundland and Labrador Gazette November 2, 2018 1143 Used Oil and Used Glycol Control Regulations 100/18 (a) "used oil" includes any mixtu re of used oil and another liquid where the concentration of total petroleum hydrocarbons exceeds 15 parts per million; and (b) "used glycol" includes any mixture of used glycol and another liquid where the concentration of glycol exceeds 15 parts per million.

(2) A person shall not (

a) deposit, empty, pour, pump, dump, discard or otherwise dispose of used oil or used glycol, either directly or indirectly, into a body of water , a sanitary or storm sewer or septic system or to a fixture, catch basin or dr ain, leading to a san itary or storm sewer , septic system or into a body of water unless the fixture, catch basin or drain has incorporated into its d esign a method or means to retain and remove the used oil or used glycol in a ma nner acceptable to the minister; (

b) apply, abandon, deposit, empty, pour, pump, dump, di scard or otherwise dispose of used oil or used glycol on public or private land, including a highway, road, lane, trail, bridge, parking area or quarry, for any purpose, including dust suppression; (

c) abandon, deposit, empty, pour, pump, dump, discard or otherwise dispose of used oil, used oil filters, oil containers, used glycol or glycol containers in a waste disposal site except in accordance with paragraph 6(b); (

d) place used oil, used oil filters, oil containers, used glycol or glycol containers in a container or with other waste mat erial, intended for pick up for transportation to a waste di sposal site except in accordance with paragraph 6(b); (

e) apply or use used oil as a base for a preparation to be applied to the underside of vehicles as a rust inhibitor; and (

f) sell, give for use or use used oil as a lubricant or coating for a chainsaw or other mechanical device. 5.

(1) A person shall not Combustion

The Newfoundland and Labrador Gazette November 2, 2018 1144 Used Oil and Used Glycol Control Regulations 100/18 (

a) abandon, deposit, empty, pour, pump, dump, discard or otherwise dispose of used oil , used oil filters, oil containers, used glycol or glycol containers or place used oil , used oil filters, oil containers, used glycol or glycol containers in or with other waste material inte nded for pick up for transportation to an incinerator; (

b) use used oil as a fuel or otherwise combust used oil, used oil filters, oil containers, used glycol or glycol containers in a furnace, boiler, burner or other combustor located in, attached to or associated with a residence for the purpose of heating a residence or for another purpose; or (

c) ignite used oil, used oil filters, oil containers, used glycol or glycol containers to start a brush fire, bonfire or incinerator or for firefighting training or practice.

(2) A person shall not use used oil as a fuel or otherwise combust used oil in a furnace, boiler, burner or other combu stor unless the furnace, boiler, burner or other combustor complies with the Air Pollution Control Regulations, 2004. 6. A person shall not dispose of oil, used oil, used oil filters, oil containers, glycol, used glycol or glycol containers unless that di sposal is made to (

a) a return facility; (

b) a waste disposal site estab lished under the Act and ap proved for that purpose by the minister; or (

c) an area that the minister may designate as appropriate for the purpose of the disposal of oil, used oil, used oil filters, oil containers, glycol, used glycol or glycol containers. 7. An owner of a storage facility shall ensure that (

a) by means of gates, fencing, locks, guards or otherwise, only people authorized by the owner have access to used oil or used glycol at the storage facility; (

b) a person who accepts, handles, stores or d eposits used oil or used glycol at the storage facility is Disposal of certain substances prohibited Storage facility owner responsibilities

The Newfoundland and Labrador Gazette November 2, 2018 1145 Used Oil and Used Glycol Control Regulations 100/18 (

i) knowledgeable about relevant legislation , departmental policy and the storage facility's contingency plan, and (ii) is one of the following: (

A) an owner of the storage facility, (

B) a person who has the charge, management or control of the storage facility, or (

C) an employee of one of the persons referred to in clause (

A) or (B); (

c) used oil or used glycol is stored in a registered storage tank system which (

i) bears a visible and legible label or other identific ation that indicates (

A) the registration number for the storage tank system, (

B) that it contains used oil or used glycol, and (

C) the name and address of the storage f acility, where the storage facility is an aboveground storage tank, (ii) is stored, handled and maintained so as to prevent leaks or spills of used oil or used glycol , damage or deterioration of the storage tank system or any adverse effect, and (iii) is installed in a manner that facilitates both the use of fire fighting equipment and spill or leak containment and clean -up equipment throughout the storage facility and surrounding area and the inspection of the storage facility by an inspector; (

d) the label or other identification referred to in paragraph (

c) is located on the fill pipe for an underground storage tank system; (

e) all storage tank systems at the storage facility are visually inspected for leaks and spills of used oil or used glycol by a

The Newfoundland and Labrador Gazette November 2, 2018 1146 Used Oil and Used Glycol Control Regulations 100/18 person who is knowledgeable about the requirements pertaining to used oil or used glycol storage facilities, at least once during each day in which the storage faci lity is open or other intervals determined by the minister; (

f) at the time of an inspe ction referred to in paragraph (

e) the person performing the inspection legibly records his or her name, the date and the findings of the inspection and that inspection record is kept at the storage facility for a period not less than 3 years after it is made; (

g) in the event of a spill or leak from a storage tank system the department is immediately notified and the steps necessary to abate the discharge, clean the area affected and restore the environment to the satisfaction of the department are undertaken; (

h) the facility's contingency plan is reviewed and updated (

i) annually, (ii) after an event has occurred requiring the implementation of the contingency plan to determine its effectiveness during the event and areas for improvement, and (iii) when staff changes occur which may affect the implementation of the contingency plan; (

i) used oil or used glycol is not accepted at the storage facility unless (

i) the used oil or used glycol is to be combusted, di sposed or otherwise processed at the storage facility, or (ii) provisions for the ongoing r emoval of all used oil or used glycol at the storage facility have been made; (

j) used oil or used glycol is removed from the storage facility only by a person to whom a certificate of approval has been issued under the Act authorizing the transport of used oil or used glycol;

The Newfoundland and Labrador Gazette November 2, 2018 1147 Used Oil and Used Glycol Control Regulations 100/18 (

k) upon removal of used oil or used glycol from the storage facility a record is created and maintained that has information regarding the date of removal, the amount removed and the name of the person to whom the used oil or used glycol was transferred and that the record is kept at the storage facility for a period not less than 3 years after it is made; and (

l) verbal or written complaints of an environmental nature received from the public related to the activities of the storage facility, whether or not they are received anonymously, are reported to the department within one working day. 8.

(1) A person applying for registration of a st orage tank system shall provide (

a) information on the location of the storage facility; (

b) the plans and specifications of the storage facility; (

c) information on the training of employees; (

d) the contingency plan for the prevention, detectio n, and handling of leaks and spills; (

e) an outline of the methods of filling and emptying each storage tank; (

f) proof of environmental impairment insurance in an amount required by the minister; (

g) a completed application in a form prescribed by t he minister; and (

h) other information that may be required by the minister.

(2) The minister may accept or reject an application for registration.

(3) When an application for registration has been accepted the minister may issue a certificate of registration. Registration of storage tank systems

The Newfoundland and Labrador Gazette November 2, 2018 1148 Used Oil and Used Glycol Control Regulations 100/18

(4) Where the ownership of a storage facility changes , the new owner shall register the storage tank systems at the storage facility under the new owner's name within 90 days of the change of ownership. 9.

(1) A person in possessio n of used oil or used glycol, including a return facility, shall not construct, install, alter or operate any associated equipment or engage in the storage of used oil or used glycol without a valid certificate of registration issued under these regulations. (2) Subsection 9(1) does not apply to a person who stores 205 litres or less of used oil or used glycol on his or her property.

(3) A person referred to in subsection (2) shall (

a) store used oil and used glycol in accordance with

section 11; and (

b) dispose of used oil and used glycol in accordance with

section 6. 10. The minister may amend, suspend or cancel a registration for failure by the holder of the certificate to comply with a provisio n of the Act or these regulations. 11.

(1) All generators of used oil or used glycol shall have in place a storage tank system in accordance with this section.

(2) A used oil or used glycol storage tank system shall (

a) be con structed, shop tested, installed and maintained in accordance with standards acceptable to the minister; (

b) be designed and installed so as to have secondary containment of the tank and all associated piping; (

c) where the tank is manually filled, be fitted with a funnel having a capacity of at least 25 litres and the funnel shall include a rain cover and a screen; (

d) have used oil or used glycol removal or transfer connections located within a spill containment; and Prohibition Amendment, suspension or cancellation of registration Construction standards

The Newfoundland and Labrador Gazette November 2, 2018 1149 Used Oil and Used Glycol Control Regulations 100/18 (

e) have (

i) interstitial le ak detection devices located within all secondary containments which shall be operated at all times when the used oil or used glycol storage tank system contains any used oil or used glycol, or (ii) alternative interstitial space monitoring procedures or methods established for all secondary containments where the minister has reviewed and accepted, in writing, those alternative proposals.

(3) Notwithstanding subsection (1), used oil or used glycol may be stored in one or more containers where the containers (

a) are manufactured for the purpose of storing oil , glycol, used oil or used glycol; (

b) have a secondary co ntainment system that re tains not less than 110% of the capacity of the volume stored , where greater than 50 litres is stored; and (

c) meet any other requirements set by the minister.

(4) In addition to the requirements in subsection (3) , where greater than 205 litres of used oil or used glycol is to be stored in one or more containers, the storage shall be approved by the minister.

(5) Notwithstanding subsection (1), used oil that has been separated by an oil separator may be stored in the oil separator until the used oil is transferred to a storage tank system or a container.

(6) A person shall not use or operate an oil separator and associated piping unless the oil separator (

a) is registered with the minister; (

b) is installed and maintained in accordance with the manufacturer’s instructions; and (

c) meets any other requirements set by the minister. Inspections

The Newfoundland and Labrador Gazette November 2, 2018 1150 Used Oil and Used Glycol Control Regulations 100/18 12.

(1) A person who owns or operates a storage facility for handling used oil or used glycol shall furnish information, plans, records, reports and agreements and carry out tests and examinations that an inspector may r equire for the purpose of carrying out these regulations.

(2) A person shall not hinder or obstruct an inspector in the lawful performance of his or her duties or furnish false information to an inspector.

(3) In a prosecution, proceeding or hearing under the Act or these regulations, the production of a certificate or report of an inspector as to the analysis, description, ingredients, quality or qua ntity of used oil or used glycol shall be considered to be evidence of the facts stated in that certificate or report. 13. A certificate of approval issued under the U sed Oil Control Regulations remains valid until the expiry date stated in the certificate. 14. The Used Oil Control Regulations , Newfoundland and Labrador Regulation 82/02, are repealed. 15. These regulations come into force 6 months after their publication in the Gazette. ©Queen's Printer Transitional Repeal Commencement

The Newfoundland and Labrador Gazette November 2, 2018 1151 NEWFOUNDLAND AND LABRADOR REGULATION 101/18 Waste Management Regulations, 2003 (Amendment) under the Environmental Protection Act (O.C. 2018 - 221) (Filed November 1, 2018) Under the authority of

section 111 of the Environmental Protection A ct, the L ieutenant-Governor in Council makes the following regulations. Dated at St. John’s, November 1, 2018. Ann Marie Hann Clerk of the Executive Council REGULATIONS Analysis 1.

Part VI Added

PART VI USED OIL AND USED GLYCOL 31.34

Definitions 31.35 Registration required 31.36 Restriction on supply of oil and glycol 31.37 Appointment of agent 31.38 Transitional registration requirements 31.39 Contents of oil and glycol stewardship plan 31.40 Approval or imposition of plan 31.41 Amendment by the board 31.42 Compliance required 31.43 Renewal of oil and glycol stewardship plan 31.44 Recovery rates for oil, oil filters and oil containers 31.45 Recovery rates for glycol and glycol containers 31.46 Annual report and other requirements

The Newfoundland and Labrador Gazette November 2, 2018 1152 Waste Management Regulations, 2003 (Amendment) 101/18 31.47 Consumer information 31.48 Passing on of costs 31.49 Fees 31.50 Remittance of fees, imposition of interest and penalties 31.51 Use of fees, interest and penalties 31.52 Management and disposal 1. The Waste Management R egulations, 2003 are amended by adding immediately after

section 31.33 the following:

PART VI USED OIL AND USED GLYCOL 31.34 In this Part (a) "agent" means a corporation ap pointed by a brand owner to act on behalf of the brand owner; (b) "brand owner", means a person who (

i) manufactures oil, oil filters or glycol in the province and sells, offers for sale or distributes the oil, oil filters or glycol in the province, (ii) is an owner or licensee in the province of a registered or unregistered trademark under which oil , oil filters or glycol is sold, offered for sale or distributed in the province, (iii) brings oil, oil filters or glycol into the province for sale or distribution, or (iv) brings oil, oil filters or glycol into the prov ince for use in a commercial enterprise; (c) "consumed in use", with respect to oil or glycol, means unavailable for recovery as a result of being (

i) fully or partially consumed in an internal combustion engine, (ii) lost due to leakage, accident or mishap, (iii) incorporated into another product, or NLR 59/03 as amended

Definitions

The Newfoundland and Labrador Gazette November 2, 2018 1153 Waste Management Regulations, 2003 (Amendment) 101/18 (iv) used for another purpose in compliance with the Act; (d) "consumed in use rate" means the amount of oil or glycol that was consumed in use, divided by the amount of oil or glycol that was sold, expressed as a percentage; (e) "consumer" means a person who uses oil, oil filters or glycol for his or her own purposes and not for the purpose of resale; (f) "glycol" means ethylene or propylene glycol used or intended for use as a vehicle or commercial engine coolant, but does not include the following: (

i) plumbing antifreeze, (ii) windshield washer antifreeze, (iii) lock de-icer and lock antifreeze, and (iv) gasoline and diesel fuel antifreeze; (g) "glycol container" means a container with a capacity of 50 litres or less manufactured for the purpose of holding glycol; (h) "oil" means (

i) petroleum or synthetic derived crankcase oil, engine oil and gear oil, (ii) hydraulic fluid, transmission fluid and heat transfer fluid, and (iii) fluid used for lubricating purposes in machinery or equipment; (i) "oil container" means a container with a capacity of 50 litres or less manufactured for the purpose of holding oil; (j) "oil filter" means a s pin-on style or element style fluid filter that is used in hydraulic, transmission or internal combustion engine applications and includes a diesel fuel filter, a storage tank fuel filter, a household furnace oil filter but does not include a gasoline filter;

The Newfoundland and Labrador Gazette November 2, 2018 1154 Waste Management Regulations, 2003 (Amendment) 101/18 (k) "recovery rate" means (

i) for oil and gl ycol, the amount of used oil or used glycol recovered divided by the amount of oil or glycol that was sold less the amount consumed in use, expressed as a percentage, (ii) for oil filters, the number of used oil filters recovered divided by the number of oil filters sold, expressed as a percentage, and (iii) for oil containers and glycol containers, the number of oil containers or glycol containers recovered divided by the number of oil containers or glycol containers sold, expressed as a percentage; (l) "retailer" means a person who sells or offers for sale oil, oil filters or glycol in the province to a consumer; (m) "return facility" means a facility that accepts used oil, used oil filters, oil containers, used glycol and glycol containers from persons who wish to return them and that is identified as a return facility through an approved oil and glycol stewardship plan; (n) "reuse", with respect to used oil or used glycol , means to process the used oil and used glycol so that it is capable of being u sed by a consumer in a manner that would be compliant with the Act; (o) "used glycol" means glycol that, through use, storage or handling, can no longer be used for its original purpose; (p) "used oil" means oil that, through use, storage or handling, can no longer be used for its original purpose; (q) "used oil filter" means an oil filter that, through use, storage or handling, can no longer be used for its original purpose; and (r) "wholesaler" means a person who sells oil or glycol to retailers, me rchants or industrial, institutional and commercial users for resale or business use.

The Newfoundland and Labrador Gazette November 2, 2018 1155 Waste Management Regulations, 2003 (Amendment) 101/18 31.35

(1) A brand owner shall apply to the board for registr ation as a brand owner.

(2) A brand owner shall submit an oil and glycol stewar dship plan with its application for registration for the approval of the board.

(3) Where the board has received (

a) an application for registration by the brand owner; and (

b) an oil and glycol stewardship plan in accordance with

section 31.39 which is satisfactory to the board, the board shall register a brand owner and may prescribe terms and conditions in the registration. 31.36

(1) A brand owner shall not sell, offer for sale or distribute oil, oil filters or glycol to a person in the province unless the brand owner holds a valid registration under these regulations.

(2) A retailer or wholesaler shall not sell, offer for sale or otherwise distribute oil, oil filters or glycol in or into the pro vince unless the br and owner from whom the product was acquired holds a valid registration under these regulations. 31.37

(1) A brand owner may appoint an agent to carry out its d uties under these regulations.

(2) Before the agent begins to carry out the duties of a brand owner, the brand owner shall notify the board in writing that it has appointed an agent and specify the duties that the agent will per form on behalf of the brand owner.

(3) An agent shall (

a) before that agent begins to carry out duties on behalf of a brand owner, confirm in writing to the board the duties under these regulations that the agent will perform on behalf of the brand owner; and (

b) carry out the duties the agent has undertaken to perform. Registration required Restriction on supply of oil and glycol Appointment of agent

The Newfoundland and Labrador Gazette November 2, 2018 1156 Waste Management Regulations, 2003 (Amendment) 101/18 31.38

(1) A brand owner who is selling, offering for sale or distributing oil or glycol within the province immediately b efore the coming into force of this Part shall submit an application to the board for registration within 120 days of the coming into force of this Part.

(2) Notwithstanding

section 31.35, a brand owner referred to in subsection (1) is not required to submit an oil and glycol stewardship plan with its application for registration, but shall submit a oil and glycol stewardship plan to the board no later than 120 days after the coming into force of this Part.

(3) The board may refuse to register or may suspend the registration of a brand owner if the brand owner does not submit an oil and glycol stewardship plan within the perio d of time specified under subsection (2).

(4) Notwithstanding

section 31. 36, a brand owner referred to in subsection (1) may continue sel ling, offering for sale or distributing oil and glycol within the province until the board re nders a decision with respect to the brand owner's application for registration.

(5) Where the board denies the applica tion of a brand owner under this section, that brand owner shall, when it receives written notice that the board has denied its application, immediately cease selling, offering for sale or distributing oil and glycol. 31.39

(1) An oil and glycol stewardship plan shall pr ovide for the following: (

a) a plan for the collection , storage and transportation of used oil, u sed oil filters, oil containers, used glycol and glycol containers in the provinc e, including the collection of used oil, used oil filters, oil containers, used glycol or glycol containers of other brand owners; (

b) information on the number of units of oil, oil filters and glycol sold on the market; (

c) a description of the methods of collection, storage, transportation, consolidation and recycling of used oil, used oil filters, oil containers, used glycol and glycol containers; Transitional registration requirements Contents of oil and glycol stewardship plan

The Newfoundland and Labrador Gazette November 2, 2018 1157 Waste Management Regulations, 2003 (Amendment) 101/18 (

d) a description of t he facilities to be used in the collection, storage, transportation, consolidation and recycling of used oil, used oil filters, oil containers, used glycol and glycol containers; (

e) the estimated number of units to be collected, reused, recycled and recovered and the associated costs; (

f) the management of used oil , used oil filters, oil contain ers, used glycol and glycol containers in adherence with the following, in order of preference: (

i) reuse, (ii) recycle, (iii) recovery of energy, and (iv) disposal; (

g) a description of the methodology to be used by the brand owner to determine the amounts used to calculate the consumed in use rate; (

h) a description of the efforts being made by the brand owner to redesign oil or glycol products to improve reusability and recyclability; (

i) a description of the efforts made by the brand owner to maximize the local economic benefits created through the implementation of the oil and glycol stewardship plan; (

j) an education awareness plan for consume rs and users of the oil and glycol stewardship program, including information on the reasonable and free access to return facilities; (

k) the establishment of return facilities that will ensure reasonable and free consumer access for the return of used oil, used oil filters, oil containers, used glycol and glycol containers; (

l) the assessment of the performance of the brand owner's plan by an independent auditor; and

The Newfoundland and Labrador Gazette November 2, 2018 1158 Waste Management Regulations, 2003 (Amendment) 101/18 (

m) the elimination or reduction of the enviro nmental impacts of used oil, used oil filters, oil containers, used glycol and glycol containers. 31.40

(1) Where an oil and glycol stewardship plan has been submitted to the board, the board shall, as soon as practicable (

a) approve the plan for a period of not more than 5 years; (

b) request any additional information that the board considers necessary to assess the plan; or (

c) reject the plan with written reasons.

(2) Where the board rejects an oil and glycol stewardship plan, it may (

a) require th e brand owner to comply with an oil and glyco l stewardship plan prepared and approved by the board; (

b) require the brand owner to comply with an oil and gl ycol stewardship plan prepared by an agent and ap proved by the board; or (

c) require the brand o wner to submit a revised oil and gl ycol stewardship plan within the period of time specified by the board.

(3) A plan approved by the board expires on the date set by the board, but the period of time for which the plan may be effe ctive shall not exceed 5 years.

(4) Where the board rejects an oil and glycol stewardship plan submitted by a brand owner and the brand owner does not submit a revised oil and glycol stewardship plan as required under par agraph (2)(c), the board shall refuse to register the br and owner or shall suspend or cancel the registration of the brand owner.

(5) Where a brand owner does not submit an oil and glycol stewardship plan within the 120 day period referred to in sec tion 31.38 as required, the board may impose an oil and glycol stewardship plan on the brand owner and the brand owner shall comply with that plan. Approval or imposition of plan

The Newfoundland and Labrador Gazette November 2, 2018 1159 Waste Management Regulations, 2003 (Amendment) 101/18 31.41

(1) The board may amend an approved or imposed oil and glycol stewardship plan (

a) to correct a clerical error; (

b) to reflect a change in the name or address of a brand owner; (

c) on the request of the brand owner; or (

d) as the board considers appropriate, whether the plan has previously been approved or imposed by the board.

(2) A brand owner may apply to have its oil and glycol stewardship plan amended and sections 31. 40 and 31.42 apply with the necessary modifications to the application. 31.42

(1) A brand owner shall implement the oil and glycol stewardship plan as approved or imposed by the board under se ction 31.40 and shall comply with that plan within 1 80 days o f the approval or imposition of the plan.

(2) A brand owner shall comply with the oil and glycol stewardship plan as amended by the board under

section 31.41.

(3) Where a brand owner fails to comply with an oil and gl ycol stewardship plan referred to in subsection (1) or (2) the board may (

a) direct the brand owner to comply with the oil and glycol stewardship plan; or (

b) suspend, cancel or revoke the registration of that brand owner.

(4) A brand owner who fails to comply with the oil and gl ycol stewardship plan as approved, imposed or amended commits an offence. 31.43

(1) At least 90 days before the expiry date of an oil and gl ycol stewardship plan approved or imposed by the board, a brand owner shall submit an oil and glycol stewardship plan to the board for r eview and approval. Amendment by the board Compliance required Renewal of oil and glycol stewardship plan

The Newfoundland and Labrador Gazette November 2, 2018 1160 Waste Management Regulations, 2003 (Amendment) 101/18

(2) Sections 31.40 and 31.42 apply with the necessary modifications to a plan submitted under this section. 31.44

(1) Within 2 years after the implementation of an oil and glycol stewardship plan and in the subsequent calendar year, a brand owner shall achieve the following recovery rates: (

a) for oil, at least 50%; (

b) for oil filters, at least 25%; and (

c) for oil containers, at least 25%.

(2) Within 4 years after the implementation of an oil and glycol stewardship plan, a brand owner shall achieve the following recovery rates: (

a) for oil, at least 65%; (

b) for oil filters, at least 50%; and (

c) for oil containers, at least 50%.

(3) Within 5 years after the implementation of the oil and glycol stewardship plan, and in each subsequent calendar year, a brand owner shall achieve the following recovery rates: (

a) for oil, at least 75%; (

b) for oil filters, at least 75%; and (

c) for oil containers, at least 75%. 31.45

(1) Within 4 years after the implementation of an oil and gl ycol stewardship plan and in the subsequent calendar year , a brand owner shall achieve a recovery rate of at least 50 % for glycol and glycol containers.

(2) Within 6 years after the implementation of an oil and glycol stewardship plan, a brand owner shall achieve a recovery rate of at least 65% for glycol and glycol containers. Recovery rates for oil, oil filters and oil containers Recovery rates for glycol and glycol containers

The Newfoundland and Labrador Gazette November 2, 2018 1161 Waste Management Regulations, 2003 (Amendment) 101/18

(3) Within 7 years after the implementation of the oil and gl ycol stewardship plan, and in each subsequent calendar year, a brand owner shall achieve a recovery rate of at least 75% for glycol and glycol containers. 31.46

(1) A brand owner shall, on or before March 31 each year , provide the board with an annual report de tailing the effectiveness of the brand owner's oil and glycol stewardship plan during the previous calendar year which includes the following: (

a) the total amount of used oil and used glycol and the total number of used oil filters, oil containers and glycol containers collected in the province by the brand owner; (

b) the total amount of used oil a nd used glycol and the total number of used oil filters, oil containers, and glycol containers processed and in storage; (

c) the percentage of used oil , used oil filters, oil containers, used glycol and glycol containers collected that was reused, recycled, recovered for energy, contained or otherwise disposed; (

d) the overall achievement of recovery rates; (

e) a description of the types of processes utilized to reuse, recycle, recover for energy , contain or otherwise dispose of used oil , used oil filters, oil containers, used glycol and glycol containers; (

f) a description of efforts to redesign oil, oil filters or glycol to improve reusability and recycleability; (

g) the location of return facilities; (

h) the location of processing or containment facilities for used oil, used oil filters, oil containers, used glycol and glycol containers; (

i) the types of consumer information, educational materials and strategies adopted by the brand owner; Annual report and other requirements

The Newfoundland and Labrador Gazette November 2, 2018 1162 Waste Management Regulations, 2003 (Amendment) 101/18 (

j) the annual financial statements prepared by an ind ependent auditor in a form and manner acceptable to the board indicating the revenues received and the expenditures incurred by the oil and glycol stewardship plan; (

k) an assessment of the performance of the brand owner's oil and glycol stewardship plan prepared by an independent auditor; and (

l) other information requested by the board that relates to the oil and glycol stewardship plan.

(2) When a brand owner submits its annual report, it shall at the same time provide to the board a statement in w riting as to the total amount of oil and glycol sold by it during the previous calendar year.

(3) The information provided to the board by the brand owner under subsection (2) shall be treated as confidential. 31.47

(1) A brand own er shall provide educational and consumer material, including printed handouts, to each retailer of its oil and glycol respecting (

a) the brand owner's oil and glycol stewardship plan; (

b) access to return facilities including their loc ation and hours of operation; and (

c) the environmental and economic benefits of participating in the oil and glycol stewardship plan.

(2) A brand owner shall not release educational and consumer material referred to in subsection (1) unless the material has been submitted to the board at least one month before its intended release.

(3) A retailer shall post or distribute the educational and consumer material it receives from brand owners at the area inside the retailer's premises where oil and glycol are displayed, and (

a) at the main entrance of the retailer's premises; or (

b) at the area inside a retailer's premises where the transaction to purchase oil and glycol takes place. Consumer information

The Newfoundland and Labrador Gazette November 2, 2018 1163 Waste Management Regulations, 2003 (Amendment) 101/18 (4) Subsection (2) applies with the necessary modifications to changes proposed t o be made to the information supplied in the material referred to in subsection (1). 31.48 A brand owner shall not charge a retailer and a retailer shall not charge a consumer a separate fee with respect to the costs associated with implementing or operating an oil and glycol stewardship plan or carrying out the brand owner's duties under this Part. 31.49

(1) The board may charge a brand owner those fees that are established by the board to cover the board's annual administrativ e costs in carrying out its duties under the Act and this

Part in relation to the oil and glycol stewardship plan.

(2) The annual administrative costs include office, operational, marketing and inspection expenses and the cost of salaries, benefits and expenses of members and employees of the board that are attributable to the board's duties referred to in subsection (1).

(3) The annual administrative costs of the board incurred or to be incurred by it in relation to the administration of this Part, tog ether with a sum needed to make up a deficiency in the assessment for the preceding year, if required, shall be borne equally by each brand owner.

(4) The board shall assess up to one half of the amount determined under subsection (1) before April 2 of t he fiscal year in which the costs are incurred, and assess the remaining amount after December 1 of that fiscal year. 31.50

(1) A brand owner shall remit fees referred to in

section 31. 49 at the times and in the manner directed by the board.

(2) If the board is satisfied that a brand owner has not remitted fees fully in accordance with subsection (1), the board may serve written notice on the brand owner requiring payment of the following amounts: (

a) the full amount of the fees that are outstanding; (

b) interest on the amount of the outstanding fees calculated monthly at a rate not exceeding 2% a month; and Passing on of costs Fees Remittance of fees, imposition of interest and penalties

The Newfoundland and Labrador Gazette November 2, 2018 1164 Waste Management Regulations, 2003 (Amendment) 101/18 (

c) an administrative fee in an amount established by the board, which shall not exceed the amount of the outstanding fees.

(3) A written notice under subsection (2) shall include the time and manner in which the payments required under that subsection are to be made.

(4) A brand owner served with a written notice under subsection (2) shall pay the amounts set out in the notice in accordance with the notice.

(5) All fees and interest that are not paid to the board in accordance with a written notice constitute a debt due to the board.

(6) The board may, under the signature of the pr oper officer, issue a certificate setting out the name of a brand owner who has not paid fees or interest in accordance with a written notice and certifying the total amounts of the fees or interest remaining unpaid and the certificate, without proof of th e appointment, authority or si gnature of the person purporting to have signed it, is admissible in ev idence and is, in the absence of evidence to the contrary, proof of the amount of the fees or interest remaining unpaid. 31.51 The board shall use the fees and interest remitted to it or paid to it under this Part solely to carry out its duties under the Act and this

Part in relation to used oil and used glycol and for no other purpose. 31.52

(1) A person shall manage oil, used oil, oil filters, used oil filters, oil containers, glycol, used glycol and glycol containers in adherence with the following, in order of preference: (

a) reuse; (

b) recycle; (

c) recover; and (

d) dispose.

(2) A person shall not dispose of oil, used oil, used oil filters, oil containers, glycol, used glycol or glycol containers unless that disposal is made Use of fees, interest and penalties Management and disposal

The Newfoundland and Labrador Gazette November 2, 2018 1165 Waste Management Regulations, 2003 (Amendment) 101/18 (

a) to a return facility; (

b) a waste material disposal site established under the Act and approved for that purpose by the minister; or (

c) an area that the minister may designate as appropri ate for the purpose of the disposal of oil, used oil , used oil filters, oil containers, glycol, used glycol and glycol containers. ©Queen's Printer

The Newfoundland and Labrador Gazette November 2, 2018 1167 NEWFOUNDLAND AND LABRADOR REGULATION 102/18 Pension Benefits Act Regulations (Amendment) under the Pension Benefits Act, 1997 (O.C. 2018-219) (Filed November 1, 2018) Under the authority of

section 78 of the Pension Benefits Act , 1997, the Lieutenant-Governor makes the following regulations. Dated at St. John’s, November 1, 2018. Ann Marie Hann Clerk of the Executive Council REGULATIONS Analysis 1. S.42.6 Amdt. Town of Grand Falls- Windsor exemption 2. Commencement 1.

(1) Subsection 42.6(1) of the Pension Benefits Act Regulations is repealed and the following substituted: 42.6

(1) The Defined Benefit Retirement Plan for Employees of the Town of Grand Falls -Windsor is exempt from the requirement of paragraph 12(3)(

d) for the period of December 31, 2016 to December 31, 2020 in respect of the solvency deficiency of the plan. NLR 114/96 as amended Town of Grand Falls-Windsor exemption

The Newfoundland and Labrador Gazette November 2, 2018 1168 Pension Benefits Act Regulations (Amendment) 102/18

(2) Section 42.6 of the regulations is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1) , the Town of Grand Falls - Windsor shall fund any solvency deficit of the plan in accordance with these regulations where the deficit is incurred due to benefit improvements or granting of past service to plan members during the period of December 31, 2016 to December 31, 2020. 2. These regulations are considered to have come into force on December 31, 2016. ©Queen's Printer Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2018 1169 Index

PART I Lands Act — Notice .......................................................................................................................................................................361 Trustee Act — Notices ..................................................................................................................................................................361

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Milk Scheme, 1998 and Natural Products Marketing Act Milk Regulations, 1998 (Amdt) NLR 99/18 Amends NLR 69/98 S.22 R&S Extraordinary Gazette October 30/18 Nov. 2/18 p. 1137 Environmental Protection Act Used Oil and Used Glycol Control Regulations NLR 100/18 R&S NLR 82/02 Nov .2/18 p. 1139 Waste Management Regulations, 2003 (Amdt) NLR 101/18 Amends NLR 59/03

Part VI Added Nov. 2/18 p. 1151 Pension Benefits Act, 1997 Pension Benefits Act Regulations (Amdt) NLR 102/18 Amends NLR 114/96 S.42.6 Amdt. Nov. 2/18 p. 1167

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For quotes please contact the Office of the Queen’s Printer queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2018 1170

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2018-11-02
Type	gazette
Volume / chapter	printer gazette weekly issues 2018 nlg181102
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7e3ed8a4eea9d3170a5f73e830243382d4140868

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