51 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 82 ST. JOHN’S, FRIDAY, FEBRUARY 9, 2007 No. 6 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, M-12, RSNL 1990 as amended. Mineral rights to the following mineral licenses have reverted to the Crown: A portion of license 010608M Held by Candente Resource Corp. Situate near W ood Lake,Central NL On map sheet 12A/04 more particularly described in an application on file at Department of Natural Resources Mineral License 009709M Held by Datan Resources Ltd.

Situate near Maccles Lake,Central NL On map sheet 02D/09 A portion of license 010494M Held by Quinlan, Marilyn Situate near Gander River,Central NL On map sheet 02E/02 more particularly described in an application on file at Department of Natural Resources A portion of license 011931M Held by Clode Sound Resources Inc Situate near Taylor s Mountain,Southern NL On map sheet 01M/10 more particularly described in an application on file at Department of Natural Resources Mineral License 011308M Held by Gordon, Troy Situate near Goose Arm Brook,Western NL On map sheet 12H/04 Mineral License 011309M Held by Gordon, Troy Situate near Wigwam Lake,Western NL On map sheet 12H/04 Mineral License 011312M Held by Courtney, Stephen Situate near Greenwood Pond,Central NL On map sheet 02D/11

THE NEWFOUNDLAND AND LABRADOR February 9, 2007 52 Mineral License 011313M Held by Stares, Alexander T. Situate near Baie Verte Mine Area On map sheet 12H/16 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/2000, 36/2001, 31/2004 and 78/2006 and outlined on 1:50 000 scale maps maintained by the Department of Natural Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

JIM HINCHEY, P.Geo Manager - Mineral Rights File # 774: 4506, 5342, 5834, 5840, 6380, 6381, 6383, 6384, 6387, 6388 Feb 9 CONVEYANCING ACT NOTICE OF SALE 495 CONCEPTION BAY HIGHWAY & TANK ROAD, HOLYROOD, NEWFOUNDLAND AND LABRADOR TAKE NOTICE that under and by virtue of the provisions of the Conveyancing Act, cC-34, RSNL 1990, as amended, the property hereinafter more pa rticularly described will be sold by Public Tender on the 16th of February, 2007. The sale is being made to satisfy an amount due on premises situate at 495 Conception Bay Highway & Tank Road, Holyrood, Newfoundland and Labrador.

The said premises to be sold are more particularly described in a Mortgage dated May 26, 2005 Registration Number 64916 at the Registry of Deeds for the Province of Newfoundland and Labrador. Tenders must be submitted to the undersigned and received by 1:00 p.m., February 16 th, 2007. Tenders must be submitted with a certified cheque for ten percent (10%) of the amount of the tender. The highest or any tender will not necessarily be accepted. Completion of the sale to occur on or before March 16th, 2007.

Further particulars as to the terms of the sale, binding upon a tenderer whose tender is accepted, may be obtained by contacting the undersigned solic itors for the Mortgagee. Persons wishing to view the subject property are also asked to contact the undersigned solicitors for the Mortgagee. DATED at St. John’s, Newfoundland and Labrador, this 29th day of January, 2007. DUFFY AND ASSOCIATES Solicitors for the Mortgagee PER: Jacqueline H. Glynn ADDRESS FOR SERVICE: 640 Torbay Road St. John’s, NL A1A 5G9 Tel # 709-726-5298 Fax # 709-726-8883 Feb 9 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION ST.

JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBERS 396, 2007; 397, 2007; 398, 2007 AND 399, 2007 TAKE notice that the St. J ohn’s Development Regulations Amendment Numbers 396, 2007; 397, 2007; 398, 2007 and 399, 2007, adopted on the 22 nd day of January, 2007, have been registered by the Minister of Municipal Affairs. In general terms, the purpose of each amendment is: 1.

Development Regulations Amendment Number 396, 2007 To introduce a definition for “Heavy Equipment Storage”, to introduce cont rols for “Heavy Equipment Storage” and to introduce “Heavy Equipment Storage” as a Discretionary Use in the Rural Residential (RR) Zone and the Rural Residential Infill (RRI) Zone. 2. Development Regulations Amendment Number 397, 2007 To clarify the minimum lot frontage requirement for semi-detached dwellings in the Residential Battery (RB) Zone. 3.

Development Regulations Amendment Number 398, 2007 To make additional provision in the Development Regulations for the establishment of “Uses complementary to a Seniors’ Apartment Building” as a Discretionary Use in all zones which allow Seniors’ Apartment Buildings, and to repeal the current restrictions in place in the Development Regulations regarding the location and duplication of commercial services and the operation of day care centres within Senior’s Apartment Buildings.

THE NEWFOUNDLAND AND LABRADOR February 9, 2007 53 4. Development Regulations Amendment Number 399, 2007 To set a maximum period for the deferral by an applicant of development applications which are required to be advertised for public review before being referred to Council for decision. The amendments come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendments may do so at the Department of Planning, 3 rd, Floor, St. John’s City Hall during regular business hours. CITY OF ST.

JOHN’S Cliff Johnston Department of Planning Feb 9 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBERS 401, 2007 TAKE notice that the St. J ohn’s Development Regulations Amendment Number 401, 2007, adopted on the 22 nd day of January, 2007, has been registered by the Minister of Municipal Affairs. In general terms, the purpos e of St. John’s Development Regulations Amendment Number 401, 2007 is to rezone land situated at 70 Freshwater Road from the Residential High Density (R3) Zone to the Apartment Low Density (A1) Zone in order to accommodate development of an apartment building.

This amendment will also place a height restriction of maximum of 2 storeys (not exceeding 8 metres) for apartment buildings at this location. The St. John’s Developmen t Regulations Amendment Number 401, 2007 comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendment may do so at the Department of Planning, 3 rd Floor, St. John’s City Hall during regular business hours (Monday through Friday, 9:00 am to 4:30 pm). CITY OF ST.

JOHN’S Cliff Johnston Department of Planning Feb 9 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the estate and effects of late Emma Elizabeth Wells of the Town of Old Perlican, in the Province of Newfoundland and Labrador, Retired Person, Deceased ALL PERSONS claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Emma Elizabeth Wells, the aforesaid deceased, who died at the Town of Perlican, in the Province of Newfoundland and Labrador on or about the 5 th day of November, 2006, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 12 th day of February, 2007 after which date the Executrix will proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 24th day of January, 2007. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P. O. Box 563 218 Airport Boulevard Gander.

NL A1V 2E1 Feb 2 & 9 ESTATE NOTICE IN THE MATTER OF the estate and effects of late Donna Carol Barnes, of the Town of Gander, in the Province of Newfoundland and Labrador, Retired Journalist, Deceased ALL PERSONS claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Donna Carol Barnes, the aforesaid deceased, who died at the Town of Gander, in the Province of Newfoundland and Labrador on or about the 31 st day of December, 2006, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 12 th day of February, 2007 after which date the Executrix will proceed to distribute the said Estate having regard only to th e claims of which she shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 23rd day of January, 2007. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P. O. Box 563 218 Airport Boulevard Gander. NL A1V 2E1 Feb 2 & 9 ESTATE NOTICE IN THE MATTER OF the Estate of Olga R. Ayre, late of the City of St. John’s, Province of Newfoundland and Labrador, Gentlewoman, deceas ed, who died at St. John’s, aforesaid, on or about the 5th day of January, 2007.

THE NEWFOUNDLAND AND LABRADOR February 9, 2007 54 All persons claiming to be creditors of or who have any claims or demands upon or affec ting the Estate of Olga R. Ayre, late of the City of St. John’s, in the Province of Newfoundland and Labrador, decreased, are hereby requested to send the particular s of the same in writing, duly attested, to the undersigned Solicitor for the Executors of the Estate on or before the 15th day of March, 2007, after which date the said Executor s shall proceed to distribute the said Estate having regard only to the claims of which notice shall have been received. Dated at St.

John’s, Newfoundland and Labrador, this 1 st day of February, 2007. FRENCH, NOSEWORTHY & ASSOCIATES Solicitors for the Executors PER: Ronald S. Noseworthy, Q.C ADDRESS FOR SERVICE: Suite 122, Elizabeth Towers 100 Elizabeth Avenue St. John’s, NL A1B 1S1 Tel # 709-754-1800 Fax # 709-754-2701 Feb 9 & 23 ESTATE NOTICE IN THE MATTER OF the Estate of Douglas Harold Jenkins, late of the City of Corner Brook, Newfoundland and Labrador, Optometrist, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Douglas Harold Jenkins, late of the City of Corner Brook, in the Province of Newfoundland and Labrador, Optometrist, deceased, are hereby requested to send particulars thereof in writing duly attested to the undersigned Solicitors for the Executrix of the Estate of the said deceased on or before the day of 13 th day of March, 2007, after which date the said Executrix will proceed to distribute the said Estate havi ng regard only to the claims of which she then shall have notice.

MURPHY, WATTON & BURRIDGE Solicitors for the Executrix PER: Derrick G.M. Watton ADDRESS FOR SERVICE: P. O. Box 815 17 West Street Corner Brook, NL A2H 6H9 Tel # 709-634-3231 Fax # 709-634-8889 Feb 9 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SHIRLEY SELMA of P. O.

Box 528, 139 Edwards Drive, Sheshatshiu, in the Province of Newfoundland and Labrador, as follows: To change my name from SHIRLEY SELMA to SHIRLEY HILL DATED this 22nd day of January, 2007.

SHIRLEY SELMA (Signature of Applicant) Feb 9 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- CRAIG NEWTON CHARLES HUSSEY of 29 Green’s Road Extension, Bay Roberts, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from ORAYA HARNCHANA to ORAYA SARAH VICTORIA HUSSEY DATED this 25th day of January, 2007. CRAIG HUSSEY (Signature of Applicant) Feb 9 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR February 9, 2007 55 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- DONALD WAYNE BEASON of 3 Coopers Avenue, Grand Falls-Windsor, A2B 1G8, in the Province of Newfoundland and Labrador, as follows: To change my name from DONALD WAYNE BEASON to DONALD WAYNE BESON DATED this 19th day of January, 2007. DONALD W.

BEASON (Signature of Applicant) Feb 9 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- TODD OSMOND of 64 Parkhill Street, St. John’s, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from BRANDON TODD CRANE to BRANDON TODD OSMOND DATED this 22nd day of January, 2007.

TODD OSMOND (Signature of Applicant) NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ALLISON HYNES of P. O. Box 113, Terrenceville, A0E 2X0 , in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from KIRA ELIZABETH MARY BYRD to KIRA ELIZABETH MARY HYNES DATED this 23rd day of January, 2007.

ALLISON HYNES (Signature of Applicant) Feb 9 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JENNIFER LOUISE O’BRIEN of 19 Rocky Brook Road, Reidville, A8A 2Z4, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from MATTHEW ALVIN JAMES BECK to MATTHEW ALVIN JAMES O’BRIEN DATED this 30th day of January, 2007 JENNIFER O’BRIEN (Signature of Applicant) Feb 9

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 82 ST. JOHN’S, FRIDAY, FEBRUARY 9, 2007 No. 6 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 16/07 NLR 23/07

The Newfoundland and Labrador Gazette February 9, 2007 69 NEWFOUNDLAND AND LABRADOR REGULATION 16/07 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed February 6, 2007) Under the authority of

section 55 of the Judicature Act,

section 9 of the Unified Family Court Act, and

section 25 of the Divorce Act (Canada), the Rules Committee of the Trial Division makes the follow- ing rules. Dated at St. John’s, February 6, 2007. David W. Jones, QC Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 56A.02 Amdt.

Interpretation 2. Rule 56A.06 Amdt. Starting a family law pro- ceeding 3. Rule 56A.16 Amdt. How to claim interim relief or get the Court’s direction 4. Rule 56A.25 Amdt. Judgments and orders 5. Rule 56A.28 Amdt. Child support 6. Rule 56A.35 Amdt. How to require the filing of forms 7. Rule 56A.36 Amdt. How to require the disclo- sure of other information

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 70 8. Rule 56A.37 Amdt. How to resolve disputes about disclosure 9. Rule 56A.40 Amdt. When non-parties have to disclose 10. Rule 56A.58 Amdt. Documents required in claim for child support 11. Rule 56A.60 R&S Under the Children’s Law Act and the Divorce Act (Canada) 12. Rule 56A.61 R&S Under the Family Law Act and the Divorce Act (Can- ada) 13. Rule 56A Forms Amdt. 14. Rule 56C R&S RULE 56C FAMILY JUSTICE SERVICES 56C.01

Definitions 56C.02 Application 56C.03 Family Justice Services Procedure 56C.04 Consent orders 56C.05 Non-application of Family Justice Services Division involvement 56C.06 When a matter is urgent 56C.07 Provisional orders 15. Commencement 1.

(1) Rule 56A.02(1) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

Interpretation 56A.02.

(1) Rules 56A, B and C apply to family law proceedings in the court and may be cited separately as the Family Law Rules.

(2) Rule 56A.02 of the rules is amended by adding immedi- ately after rule 56A.02(7) the following:

(8) The adjudication of family law disputes shall be provided for in accordance with the following principles: (

a) parties who have separated or are in dispute in a family mat- ter have an innate ability to resolve their own disputes; (

b) children are often harmed by conflict between their parents; (

c) the adversarial court proces s may not always be conducive to the resolution of conflict and may in some cases increase conflict between the parties; (

d) parties should engage in dispute resolution processes with the assistance of professionals before engaging in the adver- sarial court processes;

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 71 (

e) legal counsel have an important role in providing legal ad- vice to parties in relation to separation and divorce and in advising parties independently as to their respective rights and responsibilities; (

f) providing information to parents related to the effects of separation and divorce and other legal issues related to sepa- ration and divorce is desirable; (

g) providing counselling services where needed is often helpful to parties and their children; (

h) dispute resolution techniques shall be attempted before any appearance in court by the parties if possible; (

i) the dispute resolution service provided should be such as to recognize high conflict, viol ence and other circumstances which may be a barrier or partial barrier to the parties at- tempting to resolve their own disputes; (

j) counsel acting for parties, if any, in a family law matter should be involved in the dispute resolution process if de- sired by the parties; (

k) that in some circumstances the dispute resolution process is not appropriate; (

l) where the dispute resolution process is unsuccessful in as- sisting the parties to resolve their family law dispute, other techniques such as proactive case management meetings and settlement conferences should be made available to the par- ties if possible; and (

m) family law disputes are best dealt with in a timely manner. 2.

(1) Rules 56A.06(1) and (2) of the rules are repealed and the following substituted: Starting a family law proceeding 56A.06.

(1) A person may start a family law proceeding by present- ing an original and two signed copies of an originating application in Forms 56A.06A to the court that has jurisdiction to hear the matter.

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 72

(2) A person asking to change a previous order about custody, access or support may start the procee ding by presenting an original and two signed copies of an originating application in Form 56A.06B.

(2) Rule 56A.06(4) is repealed and the following substituted:

(4) The Registrar shall issue the originating application and file the copies and if an application to change an order is made in the same court centre where the original order was made, it shall be filed in the original court file. 3. Rule 56A.16 is of the rule s amended by adding immediately after rule 56A.16(7) the following:

(8) With regard to any claim for relief to which Rule 56C ap- plies and where a note to court as provided for in Rule 56C has not been filed regarding that matter, no application under this rule should be made unless a party, without having to give notice to the other party under rule 56A.17, obtains leave of the court to proceed with that ap- plication. 4.

(1) Rule 56A.25(3) of the rules is repealed and the following substituted:

(3) Unless the court orders otherwise, an application for judg- ment or an order to be made by consent shall be accompanied by (

a) the written consent of the lawy er of each party who is repre- sented by a lawyer; or (

b) the written consent of each party who is acting in person, or of the respondent who has not appeared, witnessed by a per- son authorized to take an oath or affirmation.

(2) Rule 56A.25 of the rules is amended by adding immedi- ately after rule 56A.25(3) the following:

(4) Parties seeking to file an or der by consent may do so without seeking the leave of the court or appearing unless the court orders oth- erwise. 5.

(1) Rule 56A.28(1) of the rules is repealed and the following substituted:

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 73 Child support 56A.28.

(1) If a party is claiming child support or a variation of child support in the basic table amount set by the guidelines (

a) the party claiming child support is not required to file a fi- nancial statement; and (

b) the party responding to the claim is not required to file and serve a financial statement, unle ss he or she is claiming that the basic table amount would cause undue hardship.

(2) Rule 56A.28(3) of the rules is repealed and the following substituted:

(3) If an applicant or respondent is claiming child support or a variation of child support different from the basic table amount set by the guidelines or is making a claim under

section 7 of the guidelines (

a) that party is required to file and serve a financial statement with the originating application; and (

b) the person responding to the claim is required to file and serve a financial statement. 6.

(1) Rule 56A.35(2) of the rules is repealed and the following substituted:

(2) A party who is served with a notice to disclose shall serve and file the information requested within 15 days after service of that notice and the information requested shall be provided using Form 56A.35B.

(2) Rule 56A.35(3)(

b) of the rules is repealed and the follow- ing substituted: (

b) file and serve the objection, together with the information which that party does not object to disclosing, within 15 days after service of the notice to disclose and either party may bring the matter before the court by way of a case man- agement meeting for determina tion of the objection. The court may make any order it f eels appropriate when that ob- jection is filed.

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 74

(3) Rule 56A.35 of the rules is amended by adding immedi- ately after rule 56A.35(4) the following:

(5) The court may make an order for costs as is considered ap- propriate taking into account the relevance, form and content of the notice to disclose and any reasons given for an objection to disclose. 7. Rules 56A.36(2), (3) and (4) of the rules are repealed and the following substituted:

(2) A party who is served with a notice to reply to written ques- tions shall serve and file the answers within 15 days after service of that notice and the answers shall be provided using Form 56A.36B.

(3) Where the party served with a notice objects to disclosing any of the information requested in a notice to reply to written ques- tions, that party shall (

a) make the objection in writing, setting out the reason for the objection; and (

b) file and serve the objection, together with the affidavit an- swering those questions which the party does not object to answering, within 15 days afte r service of the notice and ei- ther party may bring the matter before the court by way of a case management meeting and the court may make an order as to whether a party is required to answer a question or not.

(4) The court may make an order for costs as is considered ap- propriate taking into account the relevance, form and content of the notice to reply to written questions and the reasons given for an objec- tion. 8. Rule 56A.37 of the rules is repealed and the following substi- tuted: How to resolve disputes about disclosure 56A.37.

(1) Where the response to a notice to disclose or notice to reply to written questions is not satisfactory, the party asking for dis- closure may obtain a date for a case management meeting to request an order requiring the other party or non-party to give more or better in- formation.

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 75

(2) Where an objection has been made under Rule 31, rule 56A.35 or rule 56A.36, either party or a non-party served with that notice, may obtain a date for a case management meeting to decide the validity of that objection. 9.

(1) Rule 56A.40(2) of the rules is repealed and the following substituted:

(2) Where there is a claim for undue hardship by either party under the guidelines, the court may order any of the following persons residing with a party to file and serve a completed financial statement in Form 56A.27A: (

a) a person who has a legal duty to support the party or whom the party has a legal duty to support; (

b) a person who shares living expenses with the party or from whom the party otherwise receives an economic benefit as a result of living with that person if it is reasonable to consider that person as part of the party’s household; or (

c) a child whom the party or the person described in (

a) or (

b) has a legal duty to support.

(2) Rule 56A.40(4) of the rules is repealed and the following substituted:

(4) Where a person referred to in subparagraph (2) has not made satisfactory disclosure after service of an order to file and serve a fi- nancial statement or property statem ent, after service of an order to respond to a notice to file income information, a notice to disclose or a notice to reply to written questions or as may be directed further by the court, the court may: (

a) order a person other than a party, including a corporation or government institution, to provide information in that per- son’s custody or control that may be relevant to the issues before the court; and (

b) give any directions that may be appropriate. 10. Rule 56A.58(3)(b)(

v) of the rules is repealed and the follow- ing substituted:

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 76 (

v) there is shared custody of a child and if so, include a statement of the expenses, direct and indirect, solely in relation to those children for whom custody is shared; 11. Rule 56A.60 of the rules is repealed and the following substi- tuted: Under the Children’s Law Act and the Divorce Act (Canada) 56A.60. Where an applicant applies fo r judgment in an uncontested family law proceeding under the Children’s Law Act or Divorce Act (Canada) in addition to the material required to be filed under rule 56A.24, the applicant shall also file with the affidavit in Form 56A.24C the following additional information: (

a) where the applicant is not a parent, evidence to satisfy the court that the applicant has a sufficient interest; (

b) where the originating application is for custody, evidence of the willingness of the person seeking custody to facilitate contact with each parent; (

c) where the originating appli cation is for custody or access, evidence of the quality of the relationship that the child has with the applicant, the personality, character and emotional needs of the child, the capacity of the applicant to act as le- gal custodian of the child or to care for the child during the times that the child is in the applicant's care, and the wishes of the child, having regard to the age and maturity of the child; (

d) where the originating application is for custody, evidence of the physical, psychological, so cial and economic needs of the child, the home environment proposed to be provided for the child, and the plans that the applicant has for the future of the child; (

e) where the originating application is for the appointment of a guardian of the property of a child, evidence of the ability of the proposed guardian to manage that property, the merits of the plan indicated by the pro posed guardian for the care and management of the property, the personal relationship be-

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 77 tween the proposed guardian and the child, and the wishes of the parents of the child; and (

f) the existence of any written agreement, deed, will, or previ- ous court order applicable to the order sought, with a copy attached, and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled. 12. Rule 56A.61 of the rules is repealed and the following substi- tuted: Under the Family Law Act and the Divorce Act (Canada) 56A.61.

Where the applicant applies for judgment for spousal support in an uncontested family law proceeding under the Family Law Act or Divorce Act (Canada), in addition to the material required to be filed under rule 56A.25(5), the applicant sha ll also file with the affidavit in Form 56A.24C the following additional information: (

a) the age and physical and mental health of the spouses; (

b) the length of time the spouses cohabited and information about how the applicant may become financially independ- ent and how long it shall take; (

c) the legal obligation of either spouse to provide support for another person; and (

d) the existence of a written agreement or previous court order applicable to the claim for sup port with a copy of the agree- ment or order attached, and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled. 13.

(1) Rule 56A of the rules is amended by repealing Form 56A.06A and substituting the following:

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 78 Form 56A.06A (rule 56A.06) In the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Originating Application To this Honourable Court: 1.

I/We hereby seek an order for the following: Q Divorce Q Spousal Support Q Costs Q Child Support Q Parental Support Q Q Custody Q Partner Support Other (specify) _______ (attach details to this application) Q Access Q Division of Matrimonial Property Q Claim for Property made by common law spouses Where claim includes divorce 2.

My/Our grounds for seeking a divorce are a permanent break- down of the marriage which has been established by: Q a. we have lived separate and apart for at least one year immediately preceding the dete rmination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or b. the Respondent has, since celebration of the marriage, Q committed adultery, (provide details of where and when) _______________________________ or Q treated me with physical and/or mental cruelty of such a kind as to render our continued cohabitation intolerable; (provide details) _______________________________ and there has been no condonation or connivance on my part

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 79 with respect to the conduct alleged above. 3. It is no longer possible for me to reconcile or resume cohabita- tion with my spouse. 4. I have not entered into any agreement with my spouse or any other person to deceive this Court. 5. I/my spouse has/have been ordinarily resident in the Province of Newfoundland and Labrador for at least one year immediately preced- ing the date of this application. 6. Particulars of my marriage: (

a) Date of marriage ______________. (

b) Place of marriag e ______________. (

c) Date I ceased cohabiting wi th my spouse ______________. (

d) Immediately before the marriage I was: Q Single Q Divorced Q Widowed My spouse was: Q Single Q Divorced Q Widowed 7. (Where no certificate of marriage or of registration of marriage has been filed.) It is impossible or impractical to obtain a certificate of marriage or of registration of marriage. To be completed for all claims other than divorce

a) That the parties were married on __________ and sepa- rated __________; and Q an originating application for divorce has been commenced in the Su preme Court at ( place) __________ ( province) __________ but has not yet been heard; or Q an originating application for divorce has not been commenced. or

b) That the parties were divorced on __________ in the __________ Court at (place) __________ (province)

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 80 __________. or

c) That the parties were ne ver married but lived together from __________ to __________. or

d) That the parties were never married and never lived together but were in a relationship that began __________ and ended __________. or

e) Other ( provide details) _________. To be completed for all claims (if applicable): 8. Applicant Respondent Surname at birth Place of Birth Date of Birth Present Address (include postal code) Phone Number 9. (

a) Children: Child=s Full Name Place & Date Of Birth Resides With (

b) The present parenting (custody and access) arrangements are: _____________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ (

c) The proposed parenting (custody and access) arrangements are as follows: ____________________________________ ________________________________________________ ________________________________________________ ________________________________________________

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 81 (

d) The present arrangements for the su pport of our child(ren) is/are : __________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ (

e) The proposed arrangements for the support of our child(ren) is/are: ___________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ 10. Listed below are all written agreements and court orders affect- ing the child/ren, me, or my spouse ____________________________ _________________________________________________________ 11.

Child Support: 9 I am claiming the basic table amount as per the Federal Child Support Guidelines. (If any of the following apply, you shall file a Financial Statement in Form 56A.27A) 9 I am claiming the basic table amount plus an amount for special expenses. (complete

Schedule "A" attached) 9 I am not claiming the basic table amount but I am claim- ing an amount for special expenses. (complete

Schedule "A" attached 9 I am claiming an amount for child support which is differ- ent from the basic table amount in the Federal Child Sup- port Guidelines because: 9

a) Of a claim for undue hardship. (complete

Schedule "B" attached) 9

b) The child(ren) is/are at or over the age of ma- jority. 9

c) I exercise a right of access to, or have physical custody of the child(ren) for not less than 40% of the time over the course of the year. 9

d) We have agreed to an amount of support. 9

e) Of special provisions as per subsection 15.1(5) of the Divorce Act (Canada). 9

f) Income is in excess of $150,000.00 annually. 12. Spousal, Partner Or Parental Support 9 I am not claiming spousal, partner or parental support.

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 82 9 I am claiming spousal, partner or parental support. I am attaching a Financial Statement in Form 56A.27A. My reasons for claiming spousal, partner or parental support are _____________________________. 13. Property (

a) I am claiming Q Exclusive possession of the matrimonial home Q Division of property Q Equal (skip paragraph 13(

b) or Q Unequal (complete paragraph 13(

b) below) Q Other ___________ (complete paragraph 13(

b) below) Q Property of my common law spouse (complete para- graph 13(

b) below) (

b) The reasons for my claim are __________. 14. Other Claims ________________________________________. I/We, ______________, the Applicant (Co-Applicants), declare the contents of the within originating application are true to the best of my information and belief. SWORN TO OR AFFIRMED at __________ in the Province of Newfoundland and Labrador this _______ day of __________, 20 . Commissioner of Oaths/Justice of the Peace Signature of Applicant(

s) Name/Address of Applicant=s Solicitor (if applicable) If this document is personally served, it shall be personally served upon the Respondent by an adult other than the Applicant. To be completed where claim includes divorce and Applicant(

s) is/are represented by a solicitor

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 83 Statement of Solicitor I, _________, the Solicitor for __________, the Applicant, certify to this Court that I have complied with the requirements of

Section 9 of the Divorce Act, (Canada). DATED at _________, this _________ day of __________, 20 _. Signature of Solicitor Address of Solicitor Filed at _________, Province of Newfoundland and Labrador this __________ day of __________, 20 ____. Deputy Registrar/Clerk of the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court

Schedule "A" Claim for Special/Extraordinary Expenses: Under the Federal or Provincial Child Support Guidelines , a claim is made for additional support to defray the following special expenses: [check appropriate items] 1. Q Child care expenses incurred as a result of the custodial parent=s employment or training for employment, illness, disability, education: Monthly $__________ Yearly $ __________ 2. Q A portion of medical and dental insurance premiums: Monthly $__________ Yearly $ __________ 3.

Q Health related expenses that exceed insurance reimburse- ment by at least $100 annually per illness or event, includ- ing orthodontic treatment, professional counselling pro- vided by a psychologist, social worker, psychiatrist, any

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 84 other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses: Monthly $__________ Yearly $ __________ 4. Q Extraordinary expenses for primary or secondary school education or for educationa l programs that meet the child=s particular needs: Monthly $__________ Yearly $ __________ 5. Q Post-secondary education expenses: Monthly $__________ Yearly $ __________ 6.

Q Extraordinary expenses for extracurricular activities: Monthly $__________ Yearly $ __________ The amount claimed is $ __________, taking into account subsidies, benefits or income tax deductions or credits relating to the expense.

Schedule "B" Claim based on undue hardship Under the Federal or Provincial Child Support Guidelines , a claim is made for an amount of support different from that which would be awarded under the provincial payment schedules contained in

Schedule I of the Federal Child Support Guidelines based upon undue hardship. 1. Q I have responsibility for an unusually high level of debts reasonably incurred to support my spouse/child(ren) before the separation or to earn a living. Amount $ __________ 2. Q I have unusually high expenses in relation to the exercise of my access rights. Amount $ __________ 3. Q I have a legal duty under a judgment, order or written separation agreement for support. Amount $ __________ 4.

Q I have a legal duty to support a child, other than a child of the marriage who is 9 under the age of majority: or 9 the age of majority or over but unable by reason of illness, disability or other cause to obtain the necessi- ties of life. Amount $ __________

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 85 5. Q I have a legal duty to support __________ [identify indi- vidual] who is unable to obtain the necessities of life due to an illness or disability.

Amount $ __________ In the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Notice to Respondent An Originating Application has been made for an order against you. The details are set out in the attached Originating Application.

If you dispute any of the claims or if you wish to make a claim your- self, you shall file a Response at the Court within the following times: If served anywhere in Canada or the United States, within 30 days from the date of service. If served outside of Canada or the United States, within 60 days from the date of service. If you do not file a Response, the Court may proceed without giving you further notice. You shall file a financial statement in Form 56A.27A if spousal, partner or parental support is claimed.

If the application relates to child sup port, you shall also file with the Court and serve on the Applicant each of the following within the time set out above: 1. A written statement from your employer confirming your year to date earnings, including overtime and rate of annual pay 2. Copies of your tax return for the last 3 years

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 86 3. Copies of the Notices of Assessment or Re-assessment is- sued by Canada Customs and Revenue Agency with respect to each of the last 3 years tax returns. You may contact Canada Customs and Revenue Agency at 1-800-959-8281. If you have income from self-employment, a partnership, or a corpora- tion in which you have a controlling interest, or if you are a beneficiary of a trust, you shall also comply with

Section 21(1) of the Federal Child Support Guidelines . For more information relating to child support, consult the Federal or Provincial Child Support Guidelines. The financial information outlined above and a financial statement in Form 56A.27A shall be provided as well if there is a claim for Spe- cial/Extraordinary Expenses or Undue Hardship. If you do not file the required financial information, an order may be made and enforced against you. DATED this _________ day of __________, 20____. Deputy Registrar/Clerk of the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court

(2) Rule 56A of the rules is amended by repealing Form 56A.25.

(3) Rule 56A of the rules is amended by repealing Form 56A.28A and substituting the following: Form 56A.28A (rule 56A.28) In the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable)

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 87 BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Agreement as to Child Support The parties agree as follows: 1. The income of the payor [name] __________ is $___________. 2. The payor currently resides in [province or, if resident outside of Canada, country] _________. 3. The income of the recipient [name] ___________ is $________. 4.

The recipient curr ently resides in [province or, if resident out- side of Canada, country ] __________. (Paragraphs 3 and 4 shall be included where special or ex- traordinary expenses are to be shared or where the amount agreed to differs from the table amount set out in the Federal Child Support Guidelines.) 5.

Child support is to be provided for [state names and dates of birth of children for whom child support is to be provided]: and according to the applicable ch ild support table set out in the Fed- eral Child Support Guidelines, the amount of child support payable for that number of children (the "child support table amount") is $__________. 6.

The payor shall pay to the recipient, [name] __________, child support of $__________ per month for the children referred to in sec- tion 5. 7. [If applicable] The amount of child support agreed upon by this agreement differs from the child support table amount because : [state reasons] 8. [If there are expenses under

section 7 of the Federal or Provin- cial Child Support Guidelines to be shared] There are special or ex- traordinary expenses, being [state type of expense] __________ on behalf of [name child] __________ in the amount of $__________ per

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 88 month, and the payor =s share of this expense is $__________ per month. 9. All amounts owing under this Order shall be paid directly to the Director of Support Enforcement for the benefit of the child[ ren] of the marriage at: Support Enforcement Agency, P. O.

Box 2006, Corner Brook, NL A2H 6J8, and this Order shall be enforced by the Director of Support Enforcement under the Support Orders Enforcement Act or any successor Act unless the Order is withdrawn from the Director in accordance with the Support Orders Enforcement Act or any successor Act. Dated at __________, Newfoundland and Labrador, this __________ day of __________, 20_____. Signature of Applicant or Applicant=s lawyer Dated at __________, Newfoundland and Labrador, this __________ day of __________, 20_____.

Signature of Respondent or Respondent=s lawyer This Form shall be filed with the court along with the following docu- ments: (

a) a copy of the most recent pers onal income tax return filed by the payor along with a copy of the most recent income tax assessment or reassessment, or an affidavit explaining why the documents are not available and providing evidence to satisfy the court that the amount of income of the payor and child support agreed to by the parties is reasonable, (

b) where special or ex traordinary expenses are to be shared or where the amount agreed to differs from the table amount set out in the Federal Child Support Guidelines , a copy of the

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 89 most recent personal income tax return filed by the recipient along with a copy of the most recent income tax assessment or reassessment, or an affidavit explaining why the docu- ments are not available and providing evidence to satisfy the court of the amount of income of the recipient.

(4) Rule 56A of the rules is amended by adding immediately after Form 56A.35A the following: Form 56A.35B (rule 56A.35) In the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Response to Notice to Disclose In Response to the Notice to Disclose served by the (Applicant) (Re- spondent) and dated the day of , 20 , I make oath (or affirm) and say as follows: 1.

I am the (Applicant) (Respondent) in the foregoing proceeding [or I am (other) and authorized to make this Affidavit]. 2. Attached are the following do cuments requested by the (Appli- cant) (Respondent): (list documents and attach to the Response) 3. I object to the production of the following document(

s) re- quested by the (Applicant) (Respondent) (list documents and attach to the Response)

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 90 for the following reasons: (state reason(

s) for objection(s)) SWORN TO OR AFFIRMED at __________ this _______ day of __________, 20 , before me A Commissioner, etc. TO: The (Applicant)(Respondent) AND TO: The Court

(5) Rule 56A of the rules is amended by adding immediately after Form 56A.36A the following: Form 56A.36B (rule 56A.36) In the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT Answers to Notice to Reply to Written Questions In answer to the Notice to Reply to Written Questions served by the (Applicant) (Respondent) and dated the day of , 20 , I make oath (or affirm) and say as follows: 1.

I am the (Applicant) (Respondent) in the foregoing proceeding [or I am (other) and authorized to make this Affidavit]. 2. As to the (first) Written Question, I say ( state answer based on his or her knowledge).

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 91 3. As to the (second) Written Question, I say that I have no per- sonal knowledge of any of the matters referred to, but to the best of my knowledge, information and belief after making proper inquiries I say that (state answer based on inquiries). 4. As to the (third) Written Question, I say that to the best of my knowledge, information and belief I am unable to answer the same. I do not know and cannot ascertain whether (state particulars). 5.

As to the (fourth) Written Ques tion, I object to answering this Written Question on the grounds that (state the grounds of objection). SWORN TO OR AFFIRMED at __________ this _______ day of __________, 20 , before me A Commissioner, etc. TO: The (Applicant)(Respondent) AND TO: The Court 14. Rule 56C of the rules is re pealed and the following substi- tuted: RULE 56C FAMILY JUSTICE SERVICES

Definitions 56C.01. In this Part (a) "Family Justice Services Divi sion" is a division of the court offering education and information sessions and mediation to parties and counselling services to the parties or their children or any combination of these services considered re- quired, or offered to those other persons referred to in rule 56C.03(2) in order to assist in the non-adversarial resolution of their dispute; (b) "note to court" is a document, the form of which has been approved by the Chief Justice, filed with the court by the Family Justice Services Division where there is a family law

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 92 proceeding advising of whether the parties participated in and resolved their family law dispute; and (c) "staff" refers to staff assigned to and working with the Fam- ily Justice Services Division. Application 56C.02. Unless otherwise provided by this rule, the Rules of the Su- preme Court, 1986 , including Rule 56A (Family Law), shall apply, with the necessary changes to practice and procedure. Family Justice Services Procedure 56C.03.

(1) Where a family law proceeding involving a claim for child support, spousal or partner support , custody or access is initiated by way of an Originating Application or Response and commenced in the court, the Registrar shall within tw o working days from the receipt of the proof of service of the application or the filing of the Response, forward a copy of the pleadings, along with the most current addresses and telephone numbers for the parties, to the Family Justice Services Division office located closest to the applicant’s residence or, if the applicant resides outside the province, the Family Justice Services Di- vision office located closest to the respondent’s residence.

(2) Nothing in rule 56C.03(1) precludes the provision of ser- vices where both parents, spouses or partners wish to avail of the assis- tance of the Family Justice Servi ces Division without commencing an application to the court.

(3) The applicant shall serve the application on the respondent as provided by rule 56A.10 as soon as is reasonably practical and there- after file an affidavit of service with the court.

(4) Counsel for the parties shall be contacted by the Family Justice Services Division staff wh ere the names of counsel are placed on the pleadings or the staff become aware of a lawyer’s involvement with either of the parties.

(5) Unless counsel for the parties have provided written confir- mation to the Family Justice Services Division that they wish to negoti- ate the issues and that there is reasonable potential for a negotiated settlement in that fashion, the staff shall contact each of the parties and

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 93 their counsel, if any, advising them of a date and time for an intake session.

(6) Following intake for the parties, the staff shall advise the parties whether or not a dispute re solution session(

s) shall take place and, if so, the dates for that session(s), including mediation or counsel- ling services.

(7) Except where exempted by the staff of the Family Justice Services Division or a judge, the parties shall attend the intake session, scheduled information session(

s) and any scheduled dispute resolution session(

s) before scheduling a case management meeting or other ap- pearance before the court.

(8) The provision of a Response to an application filed under rule 56A.06 may be delayed until a time that the Family Justice Ser- vices staff files the note to court at which time the respondent shall file a response within 7 days.

(9) Notwithstanding the time required to provide financial dis- closure under the guidelines or elsewh ere in these rules, when required by the staff, the parties shall provide all financial information requested in a timely fashion.

(10) Where a party fails to attend an intake, information session or a dispute resolution session as required by the staff of the Family Justice Services Division, the court may (

a) refuse to proceed with a case management meeting; (

b) order a party to attend an intake, education or information session; (

c) make an order as to costs against the party; and (

d) make another order that the court feels just and appropriate in the circumstances.

(11) In the event that a matter remains at the Family Justice Ser- vices Division for greater than two months from the intake session where support is the only issue or three months otherwise, upon the agreement of the parties, the court shall be notified of any extension of

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 94 time for dispute resolution service. The court shall be notified by the filing of a note to court.

(12) Where the staff has determined the parties have not resolved their dispute, or where the procedure set out in this

part is considered inappropriate by the staff, the staff shall file a note to court advising the court of same and shall provide the parties or their counsel with a copy to court. Upon receipt of the note to court, the Registrar shall set a date for a case management meeting as provided for in rule 56A.21 and shall advise the parties by regular mail or, if represented, to their coun- sel by email or facsimile transmissi on of the date set for the case man- agement meeting. Consent orders 56C.04.

(1) Where the staff are successful in assisting the parties to reach an agreement on all or any of the issues raised by the pleadings, the staff, or counsel, shall prepare a draft consent order signed by the parties or their counsel and file same with the court.

(2) Where a draft consent order is filed in accordance with (1), a judge may approve the consent order without appearance by the parties except where the judge ma y require the parties or their counsel to ap- pear in order to answer any questions related to the draft order.

(3) Where a consent order is filed on some matters under (1) but not all issues raised by the pleadings are resolved, the staff shall file a note to court advising the court of same and shall provide the parties, or their counsel, with a copy of the note to court. Upon receipt of the note to court, the Registrar shall set a date for a case management meeting as provided for in rule 56A.21 and shall advise the parties by regular mail or, if represented, to their coun sel by email or facsimile transmis- sion of the date set for the case management meeting.

(4) The form and content of a child support order shall be con- sistent with that in Form 56C.04A. Non-Application of Family Justice Services Division involvement 56C.05. The Family Justice Services Divi sion or the process set out in this part shall not apply to the following claims for relief: (

a) the claim relates only to the granting of a divorce;

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 95 (

b) any claim for a division of matrimonial property; and (

c) any claim for recognition of a constructive and/or resulting trust; but Rule 37A, rule 39.05 and rule 39.06 may apply, as, in the opinion of a judge the circumstances may warrant. When a matter is urgent 56C.06.

(1) Where a judge is satisfied that an application should pro- ceed without involvement of the Family Justice Services Division staff due to urgency or safety concerns or some other good and sufficient cause, he or she may order that rules 56C.03 and 56C.04 shall not apply or delay the involvement of the Family Justice Services Division to another time as determined by the court.

(2) Where a judge makes an order under (1), a judge may sub- sequently order the matter to be referred to Family Justice Services Division staff. Provisional orders 56C.07.

(1) Where the respondent named in an application for either spousal or child support is resident outside of the province and the ap- plicant resides in the province, the applicant shall proceed to serve the application on the respondent and the Registrar shall forward the appli- cation to the Family Justice Services Division office located closest to the party within this province who shall attempt to assist the parties to reach agreement on any or all issues raised in the pleadings.

(2) Where the issues raised by the pleadings have been resolved, the staff shall file a consent order along with a document signed by the respondent advising of his or her consent to attorn to the jurisdiction of the court.

(3) Where the documents referred to in rule 56C.07(2) are filed, a judge may approve a draft order without the parties appearing, except where a judge requires further information from the parties or their counsel.

(4) Where a draft consent order is filed under rule 56C.07(2) and all issues raised in the pleadings are not resolved, the staff shall file

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 96 a note to court advising the court of same and shall provide the parties, or if represented their counsel, with a copy of the note to court. Upon the receipt of the note to court, the Registrar shall set a date for a provi- sional hearing as set out in the Divorce Act (Canada) and shall advise the party in the jurisdiction of the court by regular mail or, if repre- sented, their counsel by email or facsimile transmission of the date set for the hearing.

(5) Where the staff has determined the parties are unsuccessful in resolving their dispute, or where the procedure set out in this

part is considered inappropriate by the staff, the staff shall file a note to court advising the court of same and sha ll provide the parties, or their coun- sel, with a copy of the no te to court. Upon th e Registrar receiving the note to court, the application shall proceed to a provisional hearing as set out in the Divorce Act (Canada).

Form 56C.04A (rule 56C.04) In the Supreme Court of Newfoundland and Labrador Trial Division/Unified Family Court Court No. ____________ Court File No. ____________ Central Divorce Registry No. ____________ (if applicable) Before the Honourable Justice this day of , BETWEEN: ____________ APPLICANT AND: ____________ RESPONDENT [Consent] Order This proceeding coming on this day for hearing; Upon hearing __________, counsel for the Applicant and __________ counsel for the Respondent, and reading the pleadings filed; [And Upon consent of the parties;] It is hereby Ordered that:

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 97 1. The Applicant/Respondent, __________, having been found to have a gross annual income of $ __________, shall pay to the Respon- dent/Applicant, the sum of $__________ a month for the support of the following children: __________, born __________; and __________, born __________ commencing __________, __________, and on the __________ day of each and every month thereafter. or (where there is child support pai d per

section 7 of the Guide- lines, where there is a shared/split parenting arrangement) The applicant has a gross annual income of $__________. The Re- spondent has a gross annual income of $__________. The Appli- cant/Respondent shall pay to the Respondent/Applicant the sum of $__________ month for the support of the following children: __________, born __________; and __________, born __________ commencing __________, __________, and on the __________ day of each and every month thereafter. 2.

There are special or extraordinary expenses, being: (identify the special /extraordinary expense, the child for whom the expense is incurred, the total cost, the amount that the payor is to con- tribute and the date the payments are to be made each month.) 3. ( insert any other child support provisions - i.e. recalculation of child support, exchange of financial information per

section 25 of the Guidelines) 4. All amounts owing under this Order shall be paid directly to: Director Support Enforcement Agency

Rules of the Supreme Court, 1986 (Amendment) 16/0 7 The Newfoundland and Labrador Gazette February 9, 2007 98 P. O. Box 2006 Corner Brook, NL A2H 6J8 This Order shall be enforced by the Director of Support Enforcement, unless withdrawn in accordance with

section 5(1) of the Support Or- ders Enforcement Act. Dated at __________, Newfoundland and Labrador this ________ day of __________, ____. I, __________, [counsel for] the Applicant consent to the form and filing of the within Consent Order [on behalf of the Applicant]. Applicant or Applicant=s lawyer Witness to Applicant=s signature (if necessary) I, __________, [counsel for] the Respondent consent to the form and filing of the within Consent Order [on behalf of the Respondent]. Respondent or Respondent=s lawyer Witness to Respondent=s signature (if necessary) 15. These rules come into force on March 1, 2007. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette February 9, 2007 99 NEWFOUNDLAND AND LABRADOR REGULATION 23/07 Milk Regulations, 1998 (Amendment) under the Milk Scheme, 1998 and the Natural Products Marketing Act (Filed February 6, 2007) Under the authority of

section 8 of the Milk Scheme, 1998 and the Natural Products Marketing Act, the Dairy Farmers of Newfoundland and Labrador make the following regulations. Dated at St. John’s, December 1, 2006. Harry Burden Executive Director Dairy Farmers of Newfoundland and Labrador REGULATION Analysis 1. S.26 Amdt. Service charge 1. Paragraph 26(

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

Milk Regulations, 1998 (Amendment) 23/0 7 The Newfoundland and Labrador Gazette February 9, 2007 100 (a) $0.028 per litre on all milk originally produced by the regis- tered producers, payable by the registered producers, for use by DFNL as follows: (

i) for DFNL administration, (ii) for the Newfoundland and Labrador School Milk Pro- gram, (iii) for the Newfoundland and Labrador Federation of Agri- culture, and (iv) for DFNL promotional activities; and ©Earl G. Tucker, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 9, 2007 101 Index

PART I Change of Name Act – Applications ............................................................................................. ................................................ 54 Conveyancing Act – Notice ..................................................................................................... ...................................................... 52 Mineral Act – Notice .......................................................................................................... ........................................................... 51 Trustee Act – Notices ......................................................................................................... ........................................................... 53 Urban and Rural Planning Act – Notices ........................................................................................ ............................................... 52

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Judicature Act Rules of the Supreme NLR 16/07 Rule 56A.02 Amdt Feb 9/07, p. 69 Court, 1986 (Amdt) Rule 56A.06 Amdt (In force March 1, 2007) Rule 56A.16 Amdt Rule 56A.25 Amdt Rule 56A.28 Amdt Rule 56A.35 Amdt Rule 56A.36 Amdt Rule 56A.37 Amdt Rule 56A.40 Amdt Rule 56A.58 Amdt Rule 56A.60 R & S Rule 56A.61 R & S Rule 56A Forms Amdt Rule 56C R & S Natural Products Marketing Act and the Milk Scheme, 1998 Milk Regulations, 1998 NLR 23/07 Amends Feb 2/07, p. 99 (Amendment) NLR 69/98 S. 26

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 9, 2007 102 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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