Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 14

AN ACT TO AMEND THE

JUDICATURE ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DARIN KING

Minister of Justice

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Judicature Act . The Bill would

eliminate the position of

Registrar of the Supreme Court, as it currently exists, and create the position

of Chief Executive Officer of the Supreme Court;

reallocate registry, legal,

accounting and trustee functions traditionally carried out by the Registrar to

the Chief Executive Officer, the judiciary, the public trustee or other clerks,

officers and employees of the Supreme Court as appropriate;

amend

Part IV of the Act as it

relates to the duties and powers of clerks, officers and employees of the

Supreme Court; and

make consequential amendments

to other legislation that refers to the Registrar of the Supreme Court.

A BILL

AN ACT TO AMEND THE JUDICATURE ACT

Analysis

S.2 Amdt.

Definitions

S.45 Amdt.

Seals

S.54 Amdt.

Rules committees

S.55 Amdt.

Rules

S.59.1 Added

Chief Executive Officer

S.60 R&S

Clerks, officers and employees

Ss. 60.1 to 60.3 Added

60.1 Powers of staff who

perform a registry

function

60.2 Taxing officers

60.3 Oath of office

S.61 Rep.

Registrar and associate registrar

S.62 R&S

Duties of clerks, officers and employees

Ss.63 & 64 Rep.

63. Duties of registrar

64. Distribution of

proceedings

S.65 R&S

Execution of trust estate conveyance

S.66 R&S

Discharge of liability

S.67 R&S

Accounts

S.68 R&S

Fees

S.69 R&S

Unclaimed money

S.70 R&S

Persons entitled to money

S.71 R&S

Trust funds

Ss.72 to 76 Rep.

72. Special reserve fund

73. Authorized

investments

74. Trust and estate

officers

75. Court reporters

76. Tipstaffs and criers

S.88 Rep.

Appointments generally

S.113 R&S

Certificates from registry

S.120 Amdt.

Security

S.143 Amdt.

Documents under former style of cause

S.147 Amdt.

Documents under former style of cause

S.150 Amdt.

Documents under former style of cause

Acts - Consequential Amdt.

Regulations - Consequential Amdt.

Saving

Transitional

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cJ-4

as amended

(1) Paragraph 2(

b) of the Judicature Act is repealed.

(2) Section 2 of the Act is amended by adding

immediately before paragraph (

c) the following:

(b.1) "Chief Executive Officer" means the

Chief Executive Officer appointed under

section 59.1;

(3) Paragraph 2(

r) of the Act is repealed.

(4) Paragraph 2(

s) of the Act is repealed and the

following substituted:

(s) "registry" means the registry in

each judicial centre as well as the registry in the Court of Appeal;

2. Subsection 45(4) of the Act is repealed and the

following substituted:

(4) The seal of the Trial Division shall be kept

at the judicial centre of St. Johns

and a duplicate of that seal shall be kept at the registry in each judicial

centre.

(1) Subparagraph 54(1)(a)(iv) of the Act

is repealed and the following substituted:

(iv) a nominee of the Chief Executive Officer,

(2) Subparagraph 54(1)(b)(iv) of the Act is

repealed and the following substituted:

(iv) a nominee of the Chief Executive Officer,

4. (1) Paragraph 55(1)(

i) of the Act is

repealed and the following substituted:

(

i) respecting the duties of clerks, officers and

employees of the court;

(2) Subsection 55(2) of the Act is repealed and

the following substituted:

(2) The Lieutenant-Governor in Council may make

rules fixing the scale of fees to be taken by the Supreme Court.

5. The Act is amended by adding immediately after

the Heading for

Part IV the following:

Chief Executive

Officer

59.1

(1) The

Lieutenant-Governor in Council, in consultation with the Chief Justice of

Newfoundland and Labrador and the Chief Justice of the Trial Division, may

appoint or remove a Chief Executive Officer for the Supreme Court.

(2) The Lieutenant-Governor in Council may appoint

a person to act in the place of the Chief Executive Officer until a Chief Executive

Officer is appointed or the Chief Executive Officer is able to resume his or

her duties where

(

a) the office of the Chief Executive Officer is

vacant; or

(

b) the Chief Executive Officer is ill and unable

to fulfill his or her duties.

(3) The Chief Executive Officer shall act under

the direction of the Minister of Justice in matters of administration of the

Supreme Court.

(4) The duties of the Chief Executive Officer

shall include

(

a) the management, operation and administration

of the Supreme Court;

(

b) the direction and supervision of the clerks,

officers and employees of the Supreme Court and the registry;

(

c) an accounting of the fees required to be

collected by the clerks, officers and employees of the Supreme Court and of the

money paid into and out of court; and

(

d) the duties provided under this or another Act

or regulation or rule made under this or another Act, or as may be assigned by

the minister or a Chief Justice.

(5) The Chief Executive Officer shall act under

the direction of the Chief Justices in matters of judicial administration.

Section 60 of the Act is repealed and the

following substituted:

Clerks, officers

and employees

60. There

may be appointed, in the manner provided by law, the clerks, officers and employees

that the business of the Supreme Court requires.

7. The Act is amended by adding immediately after

section 60 the following:

Powers of staff

who perform a registry function

60.1

(1) A

clerk, officer or employee of the Supreme Court who performs a registry

function has, by virtue of his or her office, power to administer oaths or

affirmations, take affidavits, issue process and take bail.

(2) A clerk, officer or employee of the Supreme

Court who performs a registry function is, for the purpose of performing his or

her administrative duties, a justice of the peace.

(3) A person ceases to be a justice of the peace

on the termination of his or her appointment as a clerk, officer or employee of

the Supreme Court.

(4) A person is not entitled to additional

remuneration, or to charge a fee, only because he or she is a justice of the

peace.

(5) The Justices

Act applies, with the necessary changes, to a person who is a justice of

the peace by virtue of this section.

Taxing officers

60.2

(1) The

Chief Justice of Newfoundland and Labrador and the Chief Justice of the Trial

Division may designate clerks, officers and employees of the Supreme Court appointed

under this Part as taxing officers for the Court of Appeal and the Trial

Division respectively.

(2) A clerk, officer or employee of the Supreme

Court appointed under this

Part is not entitled to additional remuneration, or

to charge a fee, only because he or she is designated as a taxing officer.

Oath of office

60.3 The

Chief Executive Officer and the clerks, officers and employees of the Supreme Court

appointed under this Part shall, before entering upon their duties, take and

sign before one of the judges the following oath or affirmation:

"I, A.B., of , do solemnly swear (or

solemnly, sincerely and truly declare and affirm) that I will according to the

best of my skill, learning, ability and judgment, well and faithfully execute

and fulfil the duties of the office of without favour or affection,

prejudice or partiality." (Where an oath is taken, add "So help me

God".)

Section 61 of the Act is repealed.

Section 62 of the Act is repealed and the

following substituted:

Duties of clerks,

officers and employees

(1) The

clerks, officers and employees of the Supreme Court appointed under this Part

are under the direction of the Chief Executive Officer and shall perform the

duties that may be assigned to them by the Chief Executive Officer.

(2) Notwithstanding subsection (1), the clerks,

officers and employees of the Supreme Court appointed under this Part shall act

under the direction of a judge in matters of judicial administration.

10. Sections 63 and 64 of the Act are repealed.

Section 65 of the Act is repealed and the

following substituted:

Execution of

trust estate conveyance

(1) Where

a trustee or other person acting in a fiduciary capacity obtains leave from the

court to bid on a sale of the trust estate, and to become the purchaser, the

court may in addition order that the conveyance of the trust estate be executed

by a person named by the court.

(2) A deed executed under subsection (1) by a

person named by the court is of the same effect as if it had been executed by

the trustee or other person acting in a fiduciary capacity.

Section 66 of the Act is

repealed and the following substituted:

Discharge of

liability

(1) The

Consolidated Revenue Fund is liable to make good all sums required to discharge

a liability that the Chief Executive Officer is liable to discharge in his or

her capacity as Chief Executive Officer.

(2) Neither the Chief Executive Officer, nor the

Consolidated Revenue Fund, is liable to discharge a liability

(

a) to which the Chief Executive Officer has not

contributed; and

(

b) that the Chief Executive Officer could not

have averted by the exercise of reasonable diligence.

Section 67 of the Act is repealed and the

following substituted:

Accounts

(1) The

Chief Executive Officer shall, as soon as possible after the end of every

fiscal year, prepare accounts of all money held by the court and shall, before

August 1 in every year, provide a copy of the accounts

(

a) to the Chief Justice of Newfoundland and

Labrador and the Chief Justice of the Trial Division, for the information of

the judges; and

(

b) to the minister.

(2) The auditor general shall examine and audit

the accounts of the court.

Section 68 of the Act is repealed and the

following substituted:

Fees

(1) All

fees, commissions, allowances, levies and expenses under this or another Act payable

to or receivable by the Supreme Court or a clerk, officer or employee of the

Supreme Court appointed under this Part, shall be paid into the Consolidated

Revenue Fund.

(2) Subsection (1) does not apply to a fee remitted

under the Divorce Act ( Canada ).

Section 69 of the Act is repealed and the following

substituted:

Unclaimed money

(1) Money

received by the Supreme Court to which, in the opinion of the Chief Executive

Officer, following appropriate inquiry

(

a) there is no person legally entitled; or

(

b) the person legally entitled is either not

known or his or her whereabouts are unknown,

may be paid by the Chief Executive Officer

into the Consolidated Revenue Fund.

(2) Subsection (1) does not apply to money paid

into the Supreme Court under the rules unless the court so orders.

Section 70 of the Act is repealed and the

following substituted:

Persons entitled

to money

(1) A

person who may be entitled to money paid into the Consolidated Revenue Fund under

section 69 may apply to the Trial Division for an order

(

a) that the person is legally entitled to that

money; and

(

b) directing the payment to that person of the

money and interest that are set out in the order.

(2) Where an order is made under subsection (1),

the Chief Executive Officer shall take the necessary steps to have the money

and interest owing to that person paid to him or her from the Consolidated

Revenue Fund.

(3) Money paid out under subsection (2) shall

include interest owing from the date the money was paid into the Consolidated

Revenue Fund.

Section 71 of the Act is repealed and the

following substituted:

Trust funds

(1) The

Chief Executive Officer shall establish and maintain one or more trust fund

accounts.

(2) The Chief Executive Officer shall deposit in a

trust fund account the money received by the court in trust under this or another

Act, a regulation or rule made under this or another Act, a court order or another

instrument or document.

(3) Money in a trust fund account is not public

money for the purpose of the Financial

Administration Act .

(4) The interest rate payable on the trust funds

shall be prescribed by the minister upon the recommendation of the Chief Executive

Officer, and the amount of interest shall be calculated upon the minimum

monthly balance of the money in the respective trust funds.

(5) The interest rate prescribed by the minister

under subsection (4) may be a fixed rate of interest or may be an interest rate

that is related to the interest rate earned by the trust funds or to another

interest rate of general application.

(6) The Chief Executive Officer shall credit the

interest at the rate prescribed and calculated under subsection (4) to the

various accounts making up the trust funds monthly or on another date which an

account is paid out by the Chief Executive Officer.

18. Sections 72 to 76 of the Act are repealed.

Section 88 of the Act is repealed.

Section 113 of the Act is repealed and the

following substituted:

Certificates from

registry

113. A

grant of letters of probate or administration may not be made until the

following certificates have been received from the registry:

(

a) a certificate that a caveat has not been

entered opposing the grant of letters of probate or administration; and

(

b) a certificate that no previous grant has been

made or that a previous grant has been made in which latter case the certificate

shall provide particulars of the previous grant.

21. Subsection 120(2) of the Act is repealed and

the following substituted:

(2) Subsection (1) does not apply to a trust

company authorized to do business in the province or to the public trustee.

22. Paragraph 143(1)(

b) of the Act is amended by

deleting the word "registrar" and substituting the word

"court".

23. Paragraph 147(1)(

b) of the Act is amended by

deleting the word "registrar" and substituting the word

"court".

24. Paragraph 150(1)(

b) of the Act is amended by

deleting the word "registrar" and substituting the word

"court".

Acts - Consequential

Amdt.

25. (1) Subsection 60(6) of the Access to Information and Protection of Privacy

Act is amended by deleting the phrase "Registrar of the Supreme Court"

and substituting the words "Trial Division".

(2) Subsection 33(3) of the Accident and Sickness Insurance Act is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the words

"public trustee".

(3) Subsection 19(4) of the Adoption Act is repealed and the following substituted:

(4) Where a manager has custody of a child under

subsection (1), the public trustee is the guardian of that child's estate.

(4) Subsection 24(2) of the Agrologists Act is amended by deleting the phrase "Registrar

of the Supreme Court" and substituting the word "court".

(5) Section 17 of the Aquaculture Act is amended by deleting the phrase "Registrar

of the Supreme Court" wherever it occurs and substituting the words

"Trial Division".

(6) Subsection 18(8) of the Architects Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(7) Section 29 of the Architects Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(8) Subsection 30(1) of the Architects Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(9) Subsection 45.2(4) of the Automobile Insurance Act is amended by deleting the phrase

"Registrar of the Trial Division" and substituting the words

"Trial Division".

(10) Subsection 45.9(2) of the Automobile Insurance Act is repealed and the following

substituted:

(2) Upon filing a copy of the assignment of

judgment, certified by the Facility Association to be a true copy, with the

court in which the judgment was obtained, the Facility Association shall, to

the extent of the amount of the assignment, be considered to be the judgment

creditor.

(11) Subsection 31(8) of the Certified General Accountants Act, 2008 is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the word

"court".

(12) Section 42 of the Certified General Accountants Act, 2008 is amended by deleting the

phrase "Registrar of the Supreme Court" wherever it occurs and

substituting the words "Trial Division".

(13) Subsection 43(1) of the Certified General Accountants Act, 2008 is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the word

"court".

(14) Subsection 29(7) of the Certified Management Accountants Act is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the word

"court".

(15) Section 40 of the Certified Management Accountants Act is amended by deleting the

phrase "Registrar of the Supreme Court" wherever it occurs and

substituting the words "Trial Division".

(16) Subsection 41(1) of the Certified Management Accountants Act is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the word

"court".

(17) Paragraph 9(

a) of the Change of Name Act, 2009 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"public trustee".

(18) Subsection 31(8) of the Chartered Accountants Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(19) Section 42 of the Chartered Accountants Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(20) Subsection 43(1) of the Chartered Accountants Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(21) Subsection 11(1) of the Children's Law Act is repealed and the following substituted:

Orders to be

filed with registrar

(1) A

statement respecting each order or judgment of the court which makes a finding

of parentage or that is based on a recognition of parentage, shall be filed by

the court in the office of the registrar.

(22) Subsections 36(7) and (8) of the Children's Law Act are repealed and the

following substituted:

(7) The person appointed under subsection (1) shall

file his or her report with the court.

(8) A copy of the report shall be provided by the

court to each of the parties and to counsel representing the child.

(23) Subsections 37(5) and (6) of the Children's Law Act are repealed and the

following substituted:

(5) The mediator shall file a report with the

court in the form agreed upon by the parties under subsection (4).

(6) A copy of the report shall be provided by the

court to each of the parties and to counsel representing the child.

(24) Subsection 24(7) of the Chiropractors Act, 2009 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(25) Section 35 of the Chiropractors Act, 2009 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(26) Subsection 36(1) of the Chiropractors Act, 2009 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(27) Subsection 21(1) of the City of Corner Brook Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(28) Subsection 21(4) of the City of Corner Brook Act is repealed and the following substituted:

(4) The appellant shall, within 14 days after the

service of the notice of appeal under this section, apply to the judge for the

appointment of a day for the hearing of the appeal.

(29) Subsections 302(1) and (2) of the City of Corner Brook Act are amended by deleting

the words "Supreme Court" wherever they occur and substituting the

words "Trial Division".

(30) Paragraph 302(3)(

a) of the City of Corner Brook Act is repealed and

the following substituted:

(

a) the council shall be provided a receipt for

the compensation money, which constitutes a full and valid discharge to the

council in respect of liability to make further compensation for the land,

property or interest in the land or property; and

(31) Section 303 of the City of Corner Brook Act

is repealed and the following substituted:

Payment out of

court

(1) Where

there is a claim to compensation or a portion of compensation paid into the

court under this Act, a person claiming the compensation may apply to a judge

of the Trial Division for an order directing that the compensation or part of

it be paid to him or her.

(2) The compensation shall be disposed of by the

court as directed by the judge.

(3) Where a claim to compensation referred to in

subsection (1) is not established in accordance with this Act before the

expiration of 3 years from the date on which it was paid into court, the court

shall, on the expiration of that period, return the amount of the compensation

to the council together with all interest accrued.

(4) Following the return of the compensation, the

claim of every person against the council or a person acting under it in

respect of the land or property or interest in it, on account of which the

compensation was paid into court, is extinguished.

(32) Subsection 21(1) of the City of Mount Pearl Act is amended

by deleting the phrase "Registrar of the Supreme Court" and substituting

the word "court".

(33) Subsection 21(4) of the City of Mount Pearl Act is repealed and the following substituted:

(4) The appellant shall, within 14 days after the

service of the notice of appeal under this section, apply to the judge for the

appointment of a day for the hearing of the appeal.

(34) Subsections 302(1) and (2) of the City of Mount Pearl Act are amended by deleting the

words "Supreme Court" wherever they occur and substituting the words

"Trial Division".

(35) Paragraph 302(3)(

a) of the City of Mount Pearl

Act is repealed and the following substituted:

(

a) the council shall be provided a receipt for

the compensation money, which constitutes a full and valid discharge to the

council in respect of liability to make further compensation for the land,

property or interest in the land or property; and

(36) Section 303 of the City of Mount Pearl Act

is repealed and the following substituted:

Payment out of

court

(1) Where

there is a claim to compensation or a portion of compensation paid into the

court under this Act, a person claiming the compensation may apply to a judge

of the Trial Division for an order directing that the compensation or part of

it be paid to him or her.

(2) The compensation shall be disposed of by the

court as directed by the judge.

(3) Where a claim to compensation referred to in

subsection (1) is not established in accordance with this Act before the

expiration of 3 years from the date on which it was paid into court, the court

shall, on the expiration of that period, return the amount of the compensation

to the council together with all interest accrued.

(4) Following the return of the compensation, the

claim of every person against the council or a person acting under it in

respect of the land or property or interest in it, on account of which the

compensation was paid into court, is extinguished.

(37) Paragraph 249(2)(

a) of the City of St.

John's Act is amended by deleting the phrase "Registrar of the Supreme

Court" and substituting the words "court".

(38) Subsection 394(3) of the City of St. John's Act is repealed and the following substituted:

(3) A notice of appeal served under subsection

(2) shall be signed by the appellant or by his or her solicitor or agent, and, in

the notice, the grounds of the appeal shall be set out, and the appellant shall

file a copy of the notice with the court.

(39) Subsection 399(3) of the City of St. John's Act is repealed

and the following substituted:

(3) A notice of appeal served under subsection

(2) shall be signed by the appellant or by his or her solicitor or agent, and, in

the notice, the grounds of the appeal shall be set out, and the appellant shall

file a copy of the notice with the court.

(40) Subsection 29(3) of the Collections Act is repealed and the following substituted:

(3) A notice of appeal served under subsection

(2) shall be signed by the appellant or by the appellant's solicitor or agent, and,

in the notice, the grounds of the appeal shall be set out, and the appellant shall

file a copy of the notice with the court.

(41) Paragraph 11(

a) of the Consumer Protection and Business Practices Act is repealed and the

following substituted:

(a) "cost of the loan" means the whole

cost to the debtor of money lent and includes interest, discount, subscription,

premium, dues, bonus, commission, brokerage fees and charges, but not actual

lawful and necessary disbursements made to the Registrar of Deeds, the Supreme

Court, the sheriff or a city or a town clerk of a municipality;

(42) Paragraph 96(5)(

b) of the Consumer Protection and Business Practices Act is repealed and the

following substituted:

(

b) the Trial Division in trust for a person

referred to in paragraph (a);

(43) Section 44 of the Conveyancing Act is repealed and the following substituted:

Court may execute

release

(1) Where

(

a) a non-resident mortgagee does not appoint an

attorney under

section 42;

(

b) an attorney appointed under

section 42 fails

to execute a release of mortgage on behalf of a non-resident mortgagee; or

(

c) a non-resident mortgagee fails to register the

power of attorney under

section 43,

a mortgagor who has entered into a

mortgage of land with that non-resident mortgagee may apply to the court to

execute a release of mortgage.

(2) A release of mortgage applied for under

subsection (1) shall be executed on behalf of the non-resident mortgagee where

the court is satisfied

(

a) that all money owed under the mortgage has

been paid to the non-resident mortgagee, or has been paid into court; and

(

b) that a release of mortgage is due the

mortgagor.

(3) A release of the mortgage executed under this

section has the same effect as if it had been executed by the non-resident mortgagee.

(44) Section 45 of the Conveyancing Act is repealed and the following substituted:

Payment out of

court

45. Money

paid into court under

section 44 shall be paid over to the non-resident

mortgagee, without interest accruing after the date the money has been paid

into court, upon the application of the mortgagee.

(45) Section 52 of the Conveyancing Act is repealed and the following substituted:

Registration of

judgment

(1) The

court shall register a certified copy of the final order in a partition

proceeding in the Registry of Deeds.

(2) The fee payable to the court for the certified

copy of the final order and the fee payable to the Registrar of Deeds on the

registration in the Registry of Deeds shall be paid to the court at the time of

entering the final order by the party requesting the entry of that final order.

(46) Subsection 16(3) of the Dangerous Goods Transportation Act is repealed and the following

substituted:

(3) A person, other than the minister, who is

served with a notice under subsection (2) or who intends to appear at the

hearing of the application to which the notice relates shall, at least 10 days

before the day fixed for the hearing, file an appropriate notice of intervention

with the court and serve a copy of the notice on the minister and on the applicant.

(47) Subsection 30(7) of the Dental Act, 2008 is amended by deleting the phrase "Registrar

of the Supreme Court" and substituting the word "court".

(48) Section 41 of the Dental Act, 2008 is amended by deleting the phrase "Registrar

of the Supreme Court" wherever it occurs and substituting the words

"Trial Division".

(49) Subsection 42(1) of the Dental Act, 2008 is amended by deleting the phrase "Registrar

of the Supreme Court" and substituting the word "court".

(50) Subsection 17(7) of the Denturists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(51) Section 27 of the Denturists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(52) Subsection 28(1) of the Denturists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(53) Subsection 25(8) of the Dieticians Act is amended by deleting the phrase "Registrar of

the Supreme Court" and substituting the word "court".

(54) Subsection 35(1) of the Dieticians Act is amended by deleting the phrase "Registrar

of the Supreme Court" and substituting the word "court".

(55) Section 36 of the Dieticians Act is amended by deleting the phrase "Registrar of

the Supreme Court" wherever it occurs and substituting the words

"Trial Division".

(56) Subsection 16(8) of the Dispensing Opticians Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(57) Section 27 of the Dispensing Opticians Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(58) Subsection 28(1) of the Dispensing Opticians Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(59) Subsection 165(2) of the Elections Act, 1991 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(60) Section 239 of the Elections Act, 1991 is repealed and the following substituted:

Making

application

239. An

application is made under this Part by filing the application with the court.

(61) Section 240 of the Elections Act, 1991 is repealed and the following substituted:

Security for

costs

(1) When

making an application, the applicant shall deposit with the court the sum of

$500 as security for the payment of all costs, charges and expenses that become

payable by the applicant.

(2) The applicant shall be provided a receipt for

a sum deposited under subsection (1) and the receipt is conclusive proof of the

making of the deposit and the sufficiency of it.

(62) Subsection 241(1) of the Elections Act, 1991 is repealed and the following substituted:

Notice of application

(1) Notice

of the making of an application under this Part, and of the depositing of

security for it, accompanied by a copy of the application shall be served on

the respondent within 10 days, or the further time that a judge may allow, from

the delivering of the application to the court.

(63) Subsection 242(1) of the Elections Act, 1991 is repealed and the following substituted:

Preliminary objection

(1) Within

10 days after the service of an application or within the further time that a

judge may allow, the respondent may file with the court preliminary objections

that he or she might have to argue against the application or applicant or

against further proceedings on the application, and at the same time the

respondent shall serve a copy of the preliminary objection upon the applicant.

(64) Section 244 of the Elections Act, 1991 is repealed and the following substituted:

List of

objections

(1) A

list of all applications made under this Part that are at issue shall be

prepared by the court as soon as possible.

(2) The applications are to be listed in the order

in which they were made and shall be tried in the order in which they stand on

the list.

(3) The list of applications at issue is open to

inspection at the court upon request.

(65) Section 264 of the Elections Act, 1991 is repealed and the following substituted:

Taxation of costs

264. All

costs, charges and expenses paid or incurred by a party to an application shall

be taxed by a taxing officer or master of the court and may be recovered by

execution as in ordinary cases.

(66) Subsection 14(1) of the Embalmers and Funeral Directors Act, 2008 is repealed and the

following substituted:

Appeal to judge

of Trial Division

(1) A

person aggrieved by a refusal of the board to license a funeral home or to

issue a licence to practise as an embalmer or funeral director may, within 30

days after receipt of notice of that refusal, appeal against the refusal to a

judge of the Trial Division by filing with the court a notice of appeal, and by

serving a copy of the notice on the chairperson.

(67) Subsection 19(7) of the Embalmers and Funeral Directors Act, 2008 is amended by deleting

the phrase "Registrar of the Supreme Court" and substituting the word

"court".

(68) Section 30 of the Embalmers and Funeral Directors Act, 2008 is amended by deleting

the phrase "Registrar of the Supreme Court" wherever it occurs and

substituting the words "Trial Division".

(69) Subsection 31(1) of the Embalmers and Funeral Directors Act, 2008 is amended by deleting

the phrase "Registrar of the Supreme Court" and substituting the word

"court".

(70) Subsection 24(8) of the Engineers and Geoscientists Act, 2008 is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the word

"court".

(71) Section 35 of the Engineers and Geoscientists Act, 2008 is amended by deleting the

phrase "Registrar of the Supreme Court" wherever it occurs and

substituting the words "Trial Division".

(72) Subsection 36(1) of the Engineers and Geoscientists Act, 2008 is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the word

"court".

(73) Subsection 102(4) of the Environmental Protection Act is repealed and the following

substituted:

(4) Where a person defaults in paying a debt owed

to the Crown in accordance with subsection (3), the minister may issue a

certificate stating the amount due and remaining unpaid to the Crown and the

name of the person by whom it is payable, and file the certificate with the

Trial Division and when that certificate is filed, it is of the same effect and

all proceedings may be taken on the certificate, as if it were a judgment of

that court for the recovery of the amount stated in the certificate against the

person named in the certificate.

(74) Subsection 108(1) of the Environmental Protection Act is repealed and the following

substituted:

Appeal to Trial

Division

(1) A

proponent of an undertaking or another person aggrieved by an order made under

section 99 with respect to a matter arising under

Part X may, within 30 days

from the date of the order, appeal against the order to a judge of the Trial

Division by filing a notice of appeal with the court and by serving a copy of

the notice of appeal on the minister or deputy minister.

(75) Paragraph 2(

k) of the Expropriation Act is repealed.

(76) Subsection 39(1) of the Expropriation Act is repealed and the following substituted:

Payments into

court

(1) Where,

in respect of land that has been expropriated or detrimentally affected,

(

a) the owner

(

i) refuses to accept the compensation awarded in

respect of the land,

(ii) neglects or fails to make out a title to the

land or the interest in land claimed by him or her to the reasonable

satisfaction of the minister,

(iii) refuses to execute a document or receipt of

indemnity in respect of the land as required by the minister,

(iv) is absent from the province or cannot after

inquiry by the minister be found, or

(

v) is under a disability;

(

b) a person other than the owner to whom

compensation is payable under this Act

(

i) refuses to accept the compensation awarded to

him or her,

(ii) is under a disability,

(iii) is a partial or qualified owner, or

(iv) is not entitled to sell or convey the land; or

(

c) the Attorney General certifies that in his or

her opinion there are or are likely to be conflicting claims in respect of the

compensation or that for whatever reason it is advisable to pay the compensation

into the Trial Division,

the minister may pay or arrange for the

payment of the compensation payable in respect of the land or an interest in

the land into the Trial Division, subject to the control and disposition of the

court in accordance with this Act.

(77) Subsection 39(3) of the Expropriation Act is repealed and the following substituted:

(3) Upon payment into court, the minister shall be

provided a receipt for the compensation and that receipt constitutes a full and

valid discharge of the minister in respect of liability to make or pay or to

arrange for the making or paying of compensation for the land.

(78) Section 40 of the Expropriation Act is repealed and the following substituted:

Minister to

notify claimants

40. When

money is paid into the Trial Division under this Act the minister shall

(

a) notify those persons referred to in

section 39

to whom notice can be given;

(

b) file with the Trial Division the name and

address of persons who to the knowledge of the minister claim the compensation

or a part of it, together with all information in the possession of the

minister in respect of the expropriation and claims for payment of compensation

on account of the expropriation or detrimental effect resulting from it; and

(

c) within 10 days after payment into court publish

a notice in a newspaper published in the province and circulating in the area

where the land is located stating the place where the land is located,

describing and delimiting the land, that the land has been expropriated under

this Act and calling upon all persons who had an interest in or claim against

the land or who have been detrimentally affected by the expropriation to file

their claims to the compensation or part of it with the Trial Division.

(79) Section 41 of the Expropriation Act is repealed and the following substituted:

Names and addresses

41. The

names and addresses of claimants to compensation shall be provided at the court

to a person upon request.

(80) Section 42 of the Expropriation Act is repealed.

(81) Section 43 of the Expropriation Act is repealed and the following substituted:

Where claim to

compensation

43. Where

there is a claim to compensation or a portion of the compensation paid into the

Trial Division under this Act, a person claiming the compensation or a part of

the compensation may apply to a judge of the Trial Division for an order

directing that the compensation or part of the compensation be paid to him or

her.

(82) Subsection 45(1) of the Expropriation Act is repealed and the following substituted:

Notice of application

(1) Before

proceedings are taken under

section 44 a claimant shall post notice of his or

her intention to make an application under that

section in the registry of the

Trial Division for 3 clear days, and he or she shall then give notice of his or

her application in accordance with the Judicature

Act and the Rules of the Supreme

Court, 1986 to a claimant whose name has been filed with the court and to a

person who to his or her knowledge claims the compensation or a part of the compensation.

(83) Section 46 of the Expropriation Act is amended by deleting the word

"registrar" and substituting the words "Trial Division".

(84) Section 50 of the Expropriation Act is repealed and the following substituted:

Compensation

50. In

cases referred to in

section 49, the compensation shall be disposed of by the

Trial Division as directed by the judge.

(85) Section 52 of the Expropriation Act is repealed and the following substituted:

Claims barred

after 3 years

(1) A

claim to compensation or a part of compensation paid into the Trial Division

under this Act that has not, before the end of 3 years from the date of payment

into court, been adjudicated upon by a judge of the Trial Division in

accordance with this Act is forever barred.

(2) Where before the end of the period of 3 years

referred to in subsection (1), an application for payment of the compensation

was made to a judge of the Trial Division under this Act and the application

has not been finally disposed of before the end of that period, the application

may be dealt with and disposed of in the same manner and with the same effect

as if the period of 3 years had not ended at the date of final disposition.

(86) Section 53 of the Expropriation Act is repealed and the following substituted:

Compensation

becomes property of minister

53. Where

a claim to compensation is barred under

section 52, the compensation and all

interest accrued become the property of the minister and the compensation and

interest shall be returned to the minister.

(87) Subsections 4(5) and (6) of the Family Law Act are repealed and the

following substituted:

(5) The mediator shall file with the court a full

or limited report, as the parties agree.

(6) A copy of the report shall be provided by the

court to each of the parties, and to counsel representing the child.

(88) Subsection 65(4) of the Family Law Act is repealed and the following substituted:

(4) Where the guardian is the spouse of the

mentally incompetent person or a party to the domestic contract, the public

trustee shall act in the place of the guardian under subsection (1).

(89) Subsection 71(2) of the Family Law Act is repealed and the following substituted:

(2) Where an executor or administrator of a

deceased spouse is the surviving spouse, the public trustee may act in the

place of the executor or administrator under subsection (1).

(90) Section 13 of the Family Relief Act is repealed and the following substituted:

Order to be filed

(1) A

certified copy of every order made under this Act shall be filed with the Trial

Division.

(2) A memorandum of the order shall be endorsed on

or annexed to the copy of the original letters of probate, letters of administration

with the will annexed or letters of administration in the custody of the Trial

Division.

(91) Subsection 15(5) of the Farm Practices Protection Act is repealed and the following

substituted:

(5) A decision of the board may be filed with the

Trial Division, and, when filed, the decision or order is of the same force and

effect as if it were a judgment of that court.

(92) Subsection 15(7) of the Farm Practices Protection Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(93) Section 22.2 of the Fishing Industry Collective Bargaining Act is repealed and the

following substituted:

Enforcement of

arbitration award

22.2 Where

an association, fisher, processor or processors' organization or other person

has failed to comply with the terms of the decision of an arbitration board or

of a single arbitrator made under a collective agreement or this Act a person

affected by the decision may after 48 hours of the date on which the decision

was made, or the date provided in it for compliance, whichever is earlier, file

with the Trial Division a copy of the decision, exclusive of the reasons for

it, and the decision shall be entered in the same way as a judgment of or order

of that court and is enforceable as such.

(94) Section 32.1 of the Fishing Industry Collective Bargaining Act is repealed and the following

substituted:

Enforcement of

board's order

32.1

(1) Where

a person, fisher, processor, processors' organization or an association has

failed to comply with an order or decision of the board, a person, fisher,

processor, processors' organization or an association affected may, after 48

hours of the date which the order or decision was made, or the date provided in

it for compliance, whichever is earlier, file a copy of the order or decision,

exclusive of the reasons, with the Trial Division.

(2) Once an order or decision of the board is

filed with the Trial Division under subsection (1), that order or decision is

enforceable as a judgement or order of that court.

(3) Notwithstanding subsection (1), where a

directive made by the board under

section 18.1 of the Labour Relations Act is not complied with, a person, association,

processor or processors' organization, and their officers, officials or agents

affected by that directive may file a copy of the directive, exclusive of

reasons, with the Trial Division and, once filed, that directive is enforceable

as a judgment or order of that court.

(95) Section 32 of the Foresters Act is amended by deleting the phrase "Registrar of

the Supreme Court" and substituting the word "court".

(96) Subsection 66(2) of the Forestry Act is repealed and the following substituted:

(2) The Minister of Finance may file the

certificate issued under subsection (1) with the Trial Division and when it has

been so filed the certificate is of the same force and effect and all proceedings,

including appeal, may be taken on it as if it were a judgment of that court for

the recovery of a debt of the amount specified in the certificate against the

person named in it.

(97) Subsection 20(3) of the Health Professions Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(98) Subsection 38(8) of the Health Professions Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(99) Section 49 of the Health Professions Act is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(100) Subsection 50(1) of the Health Professions Act is amended by deleting the phrase "Registrar

of the Supreme Court" and substituting the word "court".

(101) Subsection 16(8) of the Hearing Aid Practitioners Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(102) Section 26 of the Hearing Aid Practitioners Act is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(103) Subsection 27(1) of the Hearing Aid Practitioners Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(104) Subsection 84.1(1) of the Highway Traffic Act is repealed and the following substituted:

Appeal

84.1

(1) A

person aggrieved by a decision of the registrar to suspend, cancel or refuse

(

a) a permit or licence;

(

b) the registration of a motor vehicle; or

(

c) an application for a permit or licence,

other than a suspension or cancellation

made under sections 65, 67 and 68 or as a result of an accumulation of demerit

points, may, within 30 days of receipt of the decision, appeal the decision to

a judge of the Trial Division by filing with the court a notice of appeal and

by serving a copy of the notice upon the registrar.

(105) Section 41 of the Human Rights Act, 2010 is repealed and the following substituted:

Entry of order

41. An

order made by a board of inquiry may be filed with the Trial Division and, upon

filing, is enforceable in the same manner as an order or a judgment of that

court.

(106) Subsection 34(1) of the Income and Employment Support Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(107) Subsection 34(2) of the Income and Employment Support Act is repealed and the following

substituted:

(2) Where a certificate is filed with the Trial

Division under subsection (1), it is of the same effect and all proceedings may

be taken on the certificate as if it were a judgment of that court for the

recovery of the amount stated in the certificate against the person named in

the certificate.

(108) Section 35 of the Income and Employment Support Act is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the words

"public trustee".

(109) Paragraph 2(9)(

i) of the Income Tax Act, 2000 is amended by deleting the phrase

"Registrar of the Supreme Court of Newfoundland and Labrador" and substituting

the phrase "Chief Executive Officer of the Supreme Court of Newfoundland

and Labrador".

(110) Subsection 62(3) of the Income Tax Act, 2000 is repealed and the following substituted:

(3) An appeal to the court shall be instituted by

serving upon the minister a notice of appeal in duplicate in prescribed form

and by filing a copy of it with the court.

(111) Subsection 21(2) of the Insurance Contracts Act is repealed and the following substituted:

(2) The receipt provided by the court is

sufficient discharge to the insurer for the insurance money paid into court,

and the insurance money shall be dealt with according to the orders of the

court.

(112) Subsection 37(5) of the Interjurisdictional Support Orders Act is repealed and the

following substituted:

(5) A copy of the decision of the Court of Appeal

shall be provided by the court to the designated authority, and the designated

authority shall notify the appropriate authority in the reciprocating jurisdiction

of the decision on the appeal.

(113) Section 41 of the Interns and Residents Collective Bargaining Act is repealed and the

following substituted:

Enforcement of

arbitration

41. Where

a bargaining agent, employee, employee organization, employer or other person

has failed to comply with the terms of a decision of an arbitration board or of

a single arbitrator made under a collective agreement or this Act, a person

affected by the decision may, after the expiration of 14 days from the date of

the release of the decision or the date provided in the decision for

compliance, whichever is later, file with the Trial Division a copy of the

decision, exclusive of the reasons for it, whereupon the decision shall be

entered and is enforceable in the same way as a judgment of or order of that

court.

(114) Section 44 of the Interns and Residents Collective Bargaining Act is amended by

deleting the phrase "Registrar of the Supreme Court" wherever it

occurs and substituting the words "Trial Division".

(115) Section 27 of the

Interpretation Act is amended by adding immediately after paragraph

(

w) the following:

(w.1) "public trustee" means the public

trustee appointed under the Public

Trustee Act, 2009 ;

(116) Subsection 128(6) of the Judgment Enforcement Act is repealed and the following substituted:

(6) Security under subsection (5) shall be paid into

court.

(117) Subsection 3(5) of the Judgment Interest Act is repealed and the following substituted:

(5) In the case of a default judgment, a clerk of

the Supreme Court or a clerk of the Provincial Court shall award interest

calculated in accordance with this Act, but shall not exercise discretion

granted to the court under subsection (3).

(118) Section 21 of the Labour Relations Act is repealed and the following substituted:

Enforcement of

board or panel order

(1) Where

a person, employer, employers' organization, trade union, council of trade

unions or employee has failed to comply with an order or decision of the board,

or a panel, a person or organization affected may, after 14 days from the date

on which the order or decision was made or the date provided in it for

compliance, whichever date is the later, file a copy of the order or decision,

exclusive of the reasons, with the Trial Division.

(2) Once an order or decision of the board or a

panel is filed with the Trial Division under subsection (1), that order or

decision is enforceable as a judgment or order of that court.

(3) Notwithstanding subsection (1), where a

directive made by the board under

section 18.1 or

section 123 is not complied

with, a person, employee, employer, employers' organization, trade union,

council of trade unions and their officers, officials or agents affected by

that directive may file a copy of the directive, exclusive of reasons, with the

Trial Division and, once filed, that directive is enforceable as a judgment or

order of that court.

(119) Subsection 30(6) of the Labour Relations Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(120) Section 90 of the Labour Relations Act is repealed and the following substituted:

Enforcement of

arbitration

90. Where

a trade union, council of trade unions, employee, employer, employers'

organization or other person has failed to comply with the terms of the

decision of an arbitration board or of a single arbitrator made under a

collective agreement or this Act, a person affected by the decision may, after

the expiration of 14 days from the date of the release of the decision or the

date provided in the decision for compliance, whichever is later, file with the

Trial Division a copy of the decision, exclusive of the reasons for it, in the

form prescribed in rules made under

section 22, and the decision shall be

entered in the same way as a judgment of or order of that court and is

enforceable as such.

(121) Subsection 62(4) of the Labour Standards Act is repealed and the following substituted:

(4) A determination of the director under this

section may be filed with the Trial Division and, when filed, the determination

is enforceable as an order of that court.

(122) Subsection 74(2) of the Labour Standards Act is repealed and the following substituted:

(2) An order made by a Provincial Court judge under subsection

(1) may be enforced against the person in respect of whom it is made as if it

were a judgment of the Trial Division in a civil action and execution may

follow by filing the order of the Provincial

Court judge with the Trial Division.

(123) Paragraph 56(2)(

a) of the Land Surveyors Act, 1991 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(124) Paragraph 7(1)(

b) of the Law Society Act, 1999 is repealed.

(125) Subsection 29(2) of the Law Society Act, 1999 is repealed and the following substituted:

(2) Where the vice-president receives notice from

the chairperson of the education committee that it has approved the enrolment

of a person under the Law Society Rules, or when the benchers have approved the

enrolment of a person under

section 39, and the prescribed fees, levies and

assessments have been paid, the vice-president shall issue a certificate

directed to the Chief Executive Officer of the Supreme Court that the person is

entitled to be enrolled in the society.

(126) Subsection 34(3) of the Law Society Act, 1999 is repealed and the following substituted:

(3) There shall be issued, under the seal of the

Supreme Court, a certificate of an enrolment under subsection (2), and the

documents upon which an authorization of admission was obtained shall be filed

and retained on record in the Supreme Court.

(127) Subsection 38(3) of the Law Society Act, 1999 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(128) Subsection 45(7) of the Law Society Act, 1999 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(129) Section 55.1 of the Law Society Act, 1999 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(130) Subsection 55.2(1) of the Law Society Act, 1999 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(131) Subsection 74(3) of the Law Society Act, 1999 is repealed and the following substituted:

(3) A bill of fees may be taxed before a master of

the Supreme Court.

(132) Subsection 75(1) of the Law Society Act, 1999 is repealed and the following substituted:

Fees, levies, assessments,

etc.

(1) Notwithstanding

section 68 of the Judicature Act , the

fee for an originating document or statement of claim except unilateral originating

applications issued by a solicitor out of the Trial Division shall be paid to

the Supreme Court for the society and when received shall be paid from the

court to the vice-president for the purpose of the society.

(133) Subsection 14(6) of the Leaseholds in St. John's Act is repealed and the following

substituted:

(6) A certificate from the Registrar of Deeds or

from an attorney licensed to practice law in the province that no appointment

can be found in the Registry of Deeds shall constitute sufficient evidence that

no appointment has been registered.

(134) Section 15 of the Leaseholds in St. John's Act is repealed and the following substituted:

Public trustee's

powers

(1) Where

an appointment of an attorney has not been registered as required under

section

14, the public trustee shall do those things that are necessary to provide for

the granting of the right, title and interest of the lessor in and to the

freehold upon payment into the Trial Division of the amount calculated in

accordance with this Act for the purchase of the freehold.

(2) An action does not lie against the public

trustee for anything done by him or her in good faith in purporting to act

under this Act.

(135) Section 16 of the Leaseholds in St. John's Act is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "public trustee".

(136) Section 17 of the Leaseholds in St. John's Act is repealed and the following substituted:

Application to

Trial Division

(1) Where

a lessee gives notice to a lessor that he or she intends to exercise a right

conferred on the lessee by this Act and

(

a) no notice is given to a lessee under

subsection 16(4); or

(

b) a lessor refuses to convey the freehold upon

tender to the lessor of the purchase price of the freehold calculated under

this Act,

the lessee may make an application to a

judge of the Trial Division for a grant of the freehold of the land occupied by

the lessee.

(2) An application made under subsection (1) shall

be accompanied by a copy of the notice required to be given by

section 16 and

an affidavit sworn to or affirmed by the lessee stating that

(

a) the lessee is entitled to purchase the

freehold as provided for by this Act; and

(

b) the notice required to be given by

section 16

has been given, and

(

i) no reply has been received by the lessee, and

(ii) the lessor refuses to convey the freehold upon

tender of the purchase price of the freehold calculated under this Act.

(3) The court, on the receipt of an application, a

copy of the notice required to be given by

section 16 and an affidavit required

by this

section and upon payment into the Trial Division of the amount

calculated in accordance with this Act for the purchase of the freehold, may

order the execution of whatever instrument of conveyance is necessary to convey

the freehold to the person entitled to it.

(4) Where the arbitrator, in relation to a matter

referred to him or her under subsection 18(1) orders a lessor, on tender of the

purchase price of a freehold calculated in accordance with this Act, to convey

the freehold to the party entitled to it and the lessor does not so convey

within 30 days of that order, the party entitled to the freehold may apply to a

judge of the Trial Division and on payment into court of the purchase price of

the freehold, the court may order the execution of whatever instrument of

conveyance is necessary to convey the freehold to the person entitled to it.

(137) Subsection 18(8) of the Leaseholds in St. John's Act is repealed and the following

substituted:

(8) Notwithstanding subsection (1), where a notice

is given to the public trustee, the public trustee shall not make an

application to an arbitrator for a determination of a matter.

(138) Paragraph 18.1(2)(

b) of the Leaseholds in St. John's Act is amended

by deleting the phrase "Registrar of the Supreme Court" and

substituting the words "public trustee".

(139) Subsection 20(1) of the Leaseholds in St. John's Act is amended by deleting the words

"Supreme Court" and substituting the words "Trial Division".

(140) Subsection 20(2) of the Leaseholds in St. John's Act is repealed and the following

substituted:

(2) A conveyance of freehold by either the city or

an order of the court under this Act is valid notwithstanding a legal or

equitable interest encumbering the freehold.

(141) Subsection 20(3) of the Leaseholds in St. John's Act is amended by deleting the words

"Supreme Court" and substituting the words "Trial Division".

(142) Section 20.1 of the Leaseholds in St. John's Act is amended by deleting the words

"Supreme Court" and substituting the words "Trial Division".

(143) Subsection 17(8) of the Licensed Practical Nurses Act, 2005 is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the word

"court".

(144) Section 27 of the Licensed Practical Nurses Act, 2005 is amended by deleting the

phrase "Registrar of the Supreme Court" wherever it occurs and

substituting the words "Trial Division".

(145) Subsection 28(1) of the Licensed Practical Nurses Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(146) Subsection 51(3) of the Liquor Control Act is repealed and the following substituted:

(3) The notice of appeal to be served under

subsection (2) shall be signed by the person appealing or by his or her

solicitor or agent, and in the notice, the grounds of appeal shall be set out,

and the appellant shall file a copy of the notice with the Trial Division.

(147) Section 117 of the Liquor Control Act is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(148) Section 125 of the Liquor Control Act is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(149) Subsection 17(8) of the Massage Therapy Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(150) Section 27 of the Massage Therapy Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(151) Subsection 28(1) of the Massage Therapy Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word "court".

(152) Section 20 of the Mechanics' Lien Act is repealed and the following substituted:

Duplicate to be

filed

20. A

duplicate of the claim for lien, bearing the registrar's certificate of

registration, shall be filed with the court on or before the trial of the

action.

(153) Subsection 30(2) of the Mechanics' Lien Act is repealed and the following substituted:

(2) A proceeding under this

section shall be

started by filing a statement of claim with the court.

(154) Subsection 23(1) of the Medical Act, 2011 is repealed and the following substituted:

Appeal to Trial

Division

(1) A

person aggrieved by a refusal of the council to register the person, may,

within 30 days after receipt of notice of that refusal, appeal against the

refusal to a judge of the Trial Division by filing with the court a notice of

appeal, and by serving a copy of the notice upon the registrar.

(155) Subsection 35(1) of the Medical Act, 2011 is amended by deleting the phrase "Registrar

of the Supreme Court" and substituting the word "court".

(156) Subsection 44(10) of the Medical Act, 2011 is amended by deleting the phrase "Registrar

of the Supreme Court" and substituting the word "court".

(157) Section 55 of the Medical Act, 2011 is amended by deleting the phrase "Registrar

of the Supreme Court" wherever it occurs and substituting the words

"Trial Division".

(158) Subsection 56(1) of the Medical Act, 2011 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(159) Subsection 17(1) of the Medical Care Insurance Act, 1999 is repealed and the following

substituted:

Appeal

(1) A

physician or professional medical corporation aggrieved by an order of the

minister under

section 15 may, within 60 days from the date of the order,

appeal against the order to a judge of the Trial Division by filing a notice of

appeal with the court, and by serving a copy of the notice of appeal on the

minister.

(160) Subsection 73(1) of the Mental Health Care and Treatment Act is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the word

"court".

(161) Subsection 23(2) of the Mineral Holdings Impost Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(162) Section 76 of the Municipal Elections Act is repealed and the following substituted:

Presentation of

petition

76. The

presentation of a petition shall be made by delivering it to the court during

office hours.

(163) Section 77 of the Municipal Elections Act is repealed and the following substituted:

Security for

costs

(1) At

the time of the presentation of the petition, security for the payment of all

costs, charges, and expenses that may become payable by the petitioner shall be

given by him or her or on his or her behalf and shall be by 2 approved

sureties, or by a deposit of money into court to the amount of $400.

(2) The court shall give a receipt for those

deposits, which shall be evidence of the sufficiency of the deposit.

(164) Subsection 410(1) of the Municipalities Act, 1999 is repealed and the following substituted:

Appeal to Trial

Division

(1) A

councillor whose seat has been vacated under paragraphs 206(1)(c), (d), (e),

(f), (

g) or (

h) or declared vacant under subsection 206(2) may appeal to a

judge of the Trial Division by filing a notice of appeal with the court within

21 days of the date on which he or she is notified by the clerk of the council

that his or her position as councillor is vacant and upon paying into the court

a sum, or upon giving a bond for the sum, that the judge considered sufficient

to defray the costs of the appeal.

(165) Subsection 410(4) of the Municipalities Act, 1999 is repealed and the following substituted:

(4) The appellant shall, within 14 days after the

service of the notice of appeal under this section, apply to the judge for the

appointment of a day for the hearing of the appeal.

(166) Subsection 52(2) of the Occupational Health and Safety Act is repealed and the following

substituted:

(2) Where an order is made under this

section or

section 33 and is filed with the Trial Division that order is enforceable as if

it were a judgment or order of the Trial Division.

(167) Subsection 17(8) of the Occupational Therapists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(168) Section 27 of the Occupational Therapists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(169) Subsection 28(1) of the Occupational Therapists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(170) Subsection 30(8) of the Optometry Act, 2012 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(171) Section 41 of the Optometry Act, 2012 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(172) Subsection 42(1) of the Optometry Act, 2012 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(173) Section 83 of the Personal Health Information Act is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(174) Subsection 39(10) of the Pharmacy Act, 2012 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(175) Section 50 of the Pharmacy Act, 2012 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(176) Subsection 51(1) of the Pharmacy Act, 2012 is amended by deleting the phrase "Registrar

of the Supreme Court" and substituting the word "court".

(177) Subsection 19(8) of the Physiotherapy Act, 2006 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(178) Section 30 of the Physiotherapy Act, 2006 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(179) Subsection 31(1) of the Physiotherapy Act, 2006 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(180) Subsection 23(5) of the Provincial Court Act, 1991 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(181) Subsection 25.4(1) of the Provincial Court Act, 1991 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(182) Subsection 13(1) of the Psychologists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(183) Subsection 18(8) of the Psychologists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(184) Section 29 of the Psychologists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(185) Subsection 30(1) of the Psychologists Act, 2005 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(186) Section 41 of the Public Service Collective Bargaining Act is repealed and the

following substituted:

Enforcement of

arbitration decision

41. Where

a bargaining agent, employee, employee organization, employer or other person

has failed to comply with a term of a decision of an arbitration board or of a

single arbitrator made under a collective agreement or this Act, a person

affected by the decision may, after the expiration of 14 days from the date of

the release of the decision or the date provided in the decision for

compliance, whichever is later, file with the Trial Division a copy of the

decision, exclusive of the reasons for the decision, and the decision shall be

entered in the same way as a judgment of or order of that court and is

enforceable as an order of the court.

(187) Section 45 of the Public Service Collective Bargaining Act is amended by deleting the

phrase "Registrar of the Supreme Court" wherever it occurs and

substituting the words "Trial Division".

(188) Subsection 35(3) of the Public Service Pensions Act, 1991 is repealed and the following

substituted:

(3) The notice of appeal served under subsection

(2) shall be signed by the employee or other person or by his or her solicitor

or agent, and in the notice, the grounds of the appeal shall be set out, and

the employee or other person shall file a copy of the notice with the Trial

Division.

(189) Paragraph 3(

g) of the Public Utilities Acquisition of Lands Act is repealed and the

following substituted:

(

g) in case a property sought to be expropriated

is found to be encumbered by mortgage or judgment, or where the title to it is

in dispute, payment of the amount of the damages into the Trial Division shall

have the same effect as payment to the owner or occupier, and a judge of the

Trial Division, on the application of an interested person, may order the

payment out of court of the amount to the person entitled to it;

(190) Subsection 4(10) of the Public Utilities Acquisition of Lands Act is repealed and the

following substituted:

(10) Where

(

a) the public utility is unable to ascertain the

name of the owner of the land;

(

b) the owner of the land is an infant;

(

c) the ownership of the land is in dispute; or

(

d) the land is encumbered by a judgment, mortgage

or other encumbrance

the public utility may pay the damages

payable in respect of the land into the Trial Division and the receipt of the

court for money paid into it under this subsection constitutes a full and valid

discharge of the public utility in respect of payment of damages for the

expropriation of the land.

(191) Subsection 6(4) of the Public Utilities Acquisition of Lands Act is amended by deleting

the phrase "Registrar of the Court of Appeal" and substituting the

word "court".

(192) A reference to "the Registrar of the

Supreme Court of Newfoundland and Labrador" or the "Registrar"

in a Form appended to the Quieting of

Titles Act is amended to refer to "a clerk of the Supreme Court".

(193) Section 26 of the Real Estate Trading Act is repealed and the following substituted:

Disposition of

proceeds of bond

(1) The

superintendent shall assign the proceeds of a bond forfeited under

section 24

to the Trial Division.

(2) The proceeds shall be distributed out of the

Trial Division to a person who has become a judgment creditor of the agent or

salesperson in respect of a claim arising out of a trade in real estate, or has

otherwise proved his or her claim to the satisfaction of the court in respect

of that claim.

(194) Subsection 27(2) of the Real Estate Trading Act is repealed and the following substituted:

(2) Where a bond has been forfeited under

section

24, the balance of the proceeds remaining, less the expenses of the Trial

Division, shall be repaid out of the Trial Division to the bonding company at

the end of 2 years following the payment to the Crown of the proceeds of the

bond.

(195) Subsection 3(7) of the Reciprocal Enforcement of Judgments Act is amended by deleting the

phrase "Registrar of the Supreme Court" and substituting the words

"Trial Division".

(196) Paragraph 2(a.1) of the Recording of Evidence Act is repealed and the following

substituted:

(a.1) "court" means the Supreme Court, the

Provincial Court, and a master, and a court or tribunal, judicial or

quasi-judicial, or commission or body of persons authorized by

an Act or otherwise

to hold hearings, take evidence and make a judgment, decree, order, report,

finding or decision or otherwise exercise a judicial or quasi-judicial function

or a function auxiliary to a judicial or quasi-judicial body or person;

(197) Subsection 23(8) of the Registered Nurses Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(198) Section 34 of the Registered Nurses Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(199) Subsection 35(1) of the Registered Nurses Act, 2008 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(200) Section 21 of the Registration of Deeds Act, 2009 is repealed and the following

substituted:

Proof of

judgments

21. A

judgment shall be proved by a certified copy issued by the Supreme Court, under

the seal of the court.

(201) Section 23 of the Revenue Administration Act is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(202) Section 34 of the Royal Newfoundland

Constabulary Act, 1992 is amended by deleting the phrase "Registrar of

the Supreme Court" and substituting the words "Trial Division".

(203) Subsection 9(6) of the Smoke-Free Environment Act, 2005 is repealed and the following

substituted:

(6) Where an order is made under this

section and

is filed with the Trial Division that order is enforceable as if it were a

judgment or order of that court.

(204) Subsection 20(3) of the Social Workers Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(205) Subsection 27(8) of the Social Workers Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(206) Section 38 of the Social Workers Act is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(207) Subsection 39(1) of the Social Workers Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(208) Paragraph 7(1)(

b) of the St. John's Centennial Foundation Act is repealed

and the following substituted:

(

b) the Chief Executive Officer of the Supreme

Court or his or her designate;

(209) Paragraph 20(1)(

d) of the Stock Savings Tax Credit Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(210) Paragraph 5(5)(

b) of the Support Orders Enforcement Act, 2006 is repealed and the following

substituted:

(

b) be registered with the director by the issuing

court immediately after it is made or issued; and

(211) Subsection 14(3) of the Support Orders Enforcement Act, 2006 is repealed and the following

substituted:

(3) An order under this

section shall be

registered with the director by the issuing court immediately after it is made

or issued.

(212) Section 62 of the Support Orders Enforcement Act, 2006 is repealed and the following

substituted:

Application to

vary support order

(1) Where

an application is made to a court to vary a support order, the court shall notify

the director of the application.

(2) Where the order is varied, the court shall

file with the director the order of the court that varies the support order.

(213) Subsection 38(3) of the Teachers' Pensions Act is repealed and the following substituted:

(3) The notice of appeal served under subsection

(2) shall be signed by the teacher or by his or her solicitor or agent and in

the notice, the grounds of the appeal shall be set out, and the teacher or

other person shall file a copy of the notice with the Trial Division.

(214) Subsection 48(2) of the Trustee Act is amended by deleting the phrase "Registrar of

the Supreme Court" and substituting the word "court".

(215) Subsection 35(3) of the Uniformed Services Pensions Act, 2012 is repealed and the following

substituted:

(3) The notice of appeal served under subsection

(2) shall be signed by the employee or other person or by his or her solicitor

or agent and in the notice, the grounds of the appeal shall be set out, and the

employee or other person shall file a copy of the notice with the Trial Division.

(216) Paragraph 49(

b) of the Urban and Rural Planning Act, 2000 is repealed.

(217) Section 80 of the Urban and Rural Planning Act, 2000 is repealed and the following

substituted:

Payments

(1) Where,

with respect to land that has been expropriated or injuriously affected,

(

a) the owner of that land

(

i) refuses to accept the compensation awarded in

respect of the land,

(ii) neglects or fails to make out a title to the

land or the interest claimed by him or her to the reasonable satisfaction of

the minister, council or regional authority,

(iii) refuses to execute a document or receipt of

indemnity with respect to the land as required by the minister, council or

regional authority,

(iv) is absent from the province or cannot, after

inquiry by the minister, council or regional authority be found, or

(

v) is a person under a disability;

(

b) another person to whom compensation is payable

under this Act

(

i) refuses to accept the awarded compensation,

(ii) is a person under a disability,

(iii) is a partial or qualified owner, or

(iv) is not entitled to sell or convey the land; or

(

c) the Attorney General certifies that in his or

her opinion there are or are likely to be conflicting claims with respect to

the compensation or that it is advisable to pay the compensation into court,

the minister, council or regional

authority may arrange for the payment of the compensation payable with respect

to the land or an interest in it into the court, subject to the control and

disposition of the court in accordance with this Act.

(2) From the date of payment into court, the

minister, council or regional authority is not liable to pay interest under

this Act or otherwise.

(3) Upon payment into court, the minister, council

or regional authority shall be provided a receipt for the compensation and that

receipt constitutes a full and valid discharge of the minister, council or

regional authority with respect to liability to make or pay compensation for

the land.

(218) Section 81 of the Urban and Rural Planning Act, 2000 is amended by deleting the word

"registrar" wherever it occurs and substituting the word

"court".

(219) Section 82 of the Urban and Rural Planning Act, 2000 is repealed and the following

substituted:

Names and addresses

82. The

names and addresses of persons claiming compensation shall be provided at the

court to a person upon request.

(220) Section 83 of the Urban and Rural Planning Act, 2000 is repealed.

(221) Section 84 of the Urban and Rural Planning Act, 2000 is repealed and the following

substituted:

Claimant may

apply to court

84. Where

there is a claim to compensation to which this Act applies or a portion of

compensation paid into the court under this Act, a person claiming the compensation

may apply to a judge of the court for an order directing that the compensation

or part of it be paid to him or her.

(222) Subsection 86(1) of the Urban and Rural Planning Act, 2000 is amended by deleting the word

"registrar" and substituting the word "court".

(223) Section 87 of the Urban and Rural Planning Act, 2000 is amended by deleting the word

"registrar" and substituting the word "court".

(224) Section 90 of the Urban and Rural Planning Act, 2000 is repealed and the following

substituted:

Compensation as

directed

90. In

cases referred to in

section 89, the compensation shall be disposed of by the

court as directed by the judge.

(225) Section 93 of the Urban and Rural Planning Act, 2000 is repealed and the following

substituted:

Compensation to

be returned

(1) Where

a claim to compensation is barred under

section 92, the compensation and

interest accrued on it become the property of the minister, council or regional

authority.

(2) The compensation and interest shall be

returned to the minister, council or regional authority that paid the

compensation into court.

(226) Paragraph 32(1)(

c) of the Venture Capital Act is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the words

"Trial Division".

(227) Subsection 22(3) of the Veterinary Medical Act, 2004 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word "court".

(228) Subsection 36(7) of the Veterinary Medical Act, 2004 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(229) Section 45 of the Veterinary Medical Act, 2004 is amended by deleting the phrase

"Registrar of the Supreme Court" wherever it occurs and substituting

the words "Trial Division".

(230) Subsection 46(1) of the Veterinary Medical Act, 2004 is amended by deleting the phrase

"Registrar of the Supreme Court" and substituting the word

"court".

(231) Subsection 37(3) of the Vital Statistics Act, 2009 is repealed and the following

substituted:

(3) Where an order is made by the court under

subsection (1) or (2), the court shall immediately send a copy of the order to

the registrar general who shall comply with the order and attach the copy to

the registration or certificate.

(232) Subsection 79(4) of the Water Resources Act is repealed and the following substituted:

(4) Where a person defaults in paying a debt owed

to the Crown in accordance with subsection (3), the minister may issue a

certificate stating the amount due and remaining unpaid to the Crown, and the

name of the person by whom it is payable, and file the certificate with the

Trial Division and, when filed, the certificate is of the same effect and all

proceedings may be taken on it as if it were a judgment of that court for the

recovery of the amount stated in the certificate against the person named in

the certificate.

(233) Subsection 15(13.1) of the Wild Life Act is repealed and the

following substituted:

(13.1) Where a person defaults in the payment of a

fine imposed against him or her for an offence committed under this Act, that

fine shall be considered to be a debt owed to the Crown and the minister may

issue a certificate stating the amount due to the Crown and file the

certificate with the Trial Division and, when filed, the certificate is of the

same effect and all proceedings may be taken on it as if it were a judgment of

that court for the recovery of the amount stated against the person named in

the certificate.

(234) Subsection 118(1) of the Workplace Health, Safety and Compensation Act is repealed and the

following substituted:

Where default

(1) Where

default is made in the payment of an assessment or special assessment or a part

of it the commission may issue its certificate stating that the assessment was

made, the amount remaining unpaid on account of it and the person by whom it

was payable and the certificate or a copy of it certified by the secretary or

chief executive officer of the commission to be a true copy may be filed with

the Trial Division or with the Provincial Court and when filed shall become an

order of the Trial Division or the Provincial Court and may be enforced as a

judgment of the Trial Division or the Provincial Court against that person for

the amount mentioned in the certificate.

Regulations - Consequential

Amdt.

26. (1) Subsection 6(4) of the Collections Regulations , Consolidated Newfoundland and Labrador

Regulation 986/96 under the Collections

Act is repealed and the following substituted:

(4) The minister shall assign the proceeds of a

bond forfeited under subsection (2) to the Trial Division.

(2) Section 6 of the Collections Regulations is amended by adding immediately after

subsection (4) the following:

(4.1) A person who claims the proceeds of the forfeited

bond may apply to a judge of the Trial Division for an order directing that compensation

be paid to him or her.

(3) Subsections 6(5) to (13) of the Collections Regulations are repealed and

the following substituted:

(5) In every case a creditor shall prove to the satisfaction

of the judge that his or her claim is totally or partially unsatisfied and

where it is later determined that a creditor has been improperly paid from the

proceeds of the bond, the payment shall be recovered by action commenced by the

Crown and once recovered the money shall be used to satisfy other claims

against the bond.

(6) The onus shall be on the claimant to make the

court aware of his or her claim and the department shall advertise within 30

days of forfeiture of the bond by notice in a local newspaper or in the manner

that the minister shall direct.

(7) Once a bond has been forfeited, the proceeds

of the bond shall be held in the court for 6 months from the date of

forfeiture, and after that time all proper claims which remain unsatisfied

shall be paid by the court as directed by the judge, and where the amount of

the claims exceed the amount of the bond, the claims shall be paid on a

pro-rata basis.

(8) The proceeds of a bond remaining after these

payments shall be held by the court to pay further claims that may be made

within 2 years of the date of forfeiture of the bond and these claims shall be

paid in order according to the date on which each claimant gave the court

written notice of his or her claim as directed by the judge.

(9) Where a bond has been forfeited under

subsection (2), the balance of the proceeds remaining after payment of claims,

less the expenses of the court, shall be repaid by the court to the bonding company

at the expiration of 2 years following the date of forfeiture of the bond.

(4) Subsection 4(9) of the Child Support Service Regulations , Newfoundland

and Labrador Regulation 31/07 under the Family Law Act is repealed and the

following substituted:

(9) Where a notice of objection under paragraph

(3)(

b) is not filed, the recalculation office shall file a notice of the recalculation

with the court and the court shall issue a child support order for the recalculated

amount.

(5) Subsection 26.2(6) of the Highway Traffic Driver Regulations, 1999 , Newfoundland and

Labrador Regulation 110/98 under the Highway

Traffic Act is amended by deleting the phrase "Registrar of the

Supreme Court" and substituting the word "court".

(6) Section 2 of the Supreme Court Fees Regulations , Newfoundland

and Labrador Regulation 90/07 under the Judicature Act is repealed and the

following substituted:

Fees

2. A

person shall pay to the Supreme Court the fee listed in the

Schedule for the

service set out opposite the fee.

(7) The

Schedule to the Supreme Court Fees Regulations is amended by deleting the word

"Registrar" wherever it occurs and substituting the words

"Supreme Court".

(8) Subsection 5(3) of the Private Investigation and Security Services Regulations ,

Consolidated Newfoundland and Labrador Regulation 788/96 under the Private Investigation and Security Services

Act is amended by deleting the phrase "Registrar of the Supreme

Court" and substituting the words "Trial Division".

Saving

27. A release of mortgage executed by a clerk,

officer or employee of the Supreme Court who exercised the authority of the

Registrar of the Supreme Court under

section 44 of the Conveyancing Act between April 19, 2011 and the day this Act comes

into force, shall be considered valid.

Transitional

(1) Where, immediately before the coming

into force of this Act, the Registrar of the Supreme Court was named in an

order or instrument, that order or instrument shall, on the coming into force

of this Act, be considered to have named the Chief Executive Officer, and the

Chief Executive Officer shall have the authority and responsibility with respect

to that order or instrument that was given to the Registrar of the Supreme

Court.

(2) Subsection (1) does not apply to an order or

instrument referred to in paragraphs 26(3)(

a) to (

d) of the Public Trustee Act, 2009 .

(3) Where, upon the coming into force of this Act,

a claim to compensation has been paid into court and is pending before the

Registrar of the Supreme Court under

section 303 of the City of Corner Brook Act ,

section 303 of the City of Mount Pearl Act ,

section 42 of the Expropriation Act or

section 83 of the Urban and Rural Planning Act , that claim shall be dealt with according

to this Act.

(4) Where, upon the coming into force of this Act,

a claim to the proceeds of a forfeited bond is pending before the Registrar of

the Supreme Court under

section 6 of the Collections

Regulations , Consolidated Newfoundland and Labrador Regulation 986/96 under

the Collections Act or

section 26 of the

Real Estate Trading Act , that claim

shall be dealt with according to this Act.

(5) Where, upon the coming into force of this Act,

an application for a release of mortgage is pending before the Registrar of the

Supreme Court under

section 44 of the Conveyancing

Act , that application shall be disposed of according to this Act.

(6) Where, upon the coming into force of this Act,

an application to the Registrar of the Supreme Court is pending for the grant

of the freehold of land under

section 17 of the Leaseholds in St. John's Act , that application shall be dealt with

according to this Act.

Queen's Printer