229 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 86 ST. JOHN’S, FRIDAY, JUNE 24, 2011 No. 25 CRIMINAL CODE OF CANADA ATTORNEY GENERAL OF NEWFOUNDLAND AND LABRADOR ANNUAL REPORT

SECTION 195 CRIMINAL CODE OF CANADA RNC/RCMP This report covers the period of January 1, 2010 to December 31, 2010.

Section 195(5)(

a) Designated agents who made application(

s) in accordance with

section 185 CCC: - None.

Section 195(2) a. The number of applications made for authorizations (185 and 188 CCC) ………...…...…...…...…...…...…...…..... 0 b. The number of applications made for renewals of authorizations …………...........…...…...…...…...…...…...…...….. 0 c. i. The number of applications granted …………… ……….…………….….…...…...…...…...…...…...….... 0 ii. The number of applications refused …………………………………………...…...…...…...…...…...….... 0 iii. The number of applications granted, subject to terms and conditions ………...…...…...…...…...…...….... 0 d.

The number of persons identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Newfoundland and Labrador in respect of: i. An offence specified in an Authorization ……………………………………………………………………0

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 24, 2011 230 ii. An offence other than an offence specified in an Au thorization but in respect of which an Authorization may be given ……………………….…………………………………………………………………………… 0 iii. An offence in respect of which an Authorization may not be given ……………………………………..… 0 e. The number of persons not identified in an Authorization against whom proceedings were commenced at the instance of the Attorney General of Newfoundland and Labrador in respect of: i. An offence specified in such an Authorization …………………………………………………………….0 ii.

An offence other than an offence specified in such an Authorization but in respect of which an Authorization may be given ………………………………………………………………………….….….. 0 iii. An offence other than an offence specified in such an Authorization and for which no such Authorization may be given ………………………………………………………………………….…..……….….…..… 0 and whose commission or alleged commission of the offence became known to a peace officer as a result of an interception of a private communication under an authorization; f. The average period for which Authorizations were given and for which renewals thereof were granted: Not Applicable g.

The number of Authorizations, by virtue of one or more renewals thereof, were valid: For more than 60 days ……………………………………………………………………………………… 0 For more than 120 days …………………………………..........................………………………………… 0 For more than 180 days ………………….................................................…………………………………. 0 For more than 240 days ………………….................................................…………………………………. 0 h. The number of notifications given pursuant to

section 196 …………………………………………………………… 0 i. The offences in respect of which authorizations were given, specifying the number of authorizations given in respect of each of those offences …….….................................................…………………………...………………………… 0 j.

A description of all classes of places specified in authorizations and the number of authorizations in which each of those classes of places was specified : Residences ………………………………………………………..………………………………………… 0 Businesses ………………………………………………..……….………………………………………… 0 Vehicles …………………………………………………..………………………………………………… 0 Mobile Phones ……………………………………………………………………………………………… 0 Internet ……………………………………………………………………………………………………… 0 k. A general description of the methods of interception involved in each interception under an authorization: (

i) telecommunications (ii) oral communications (iii) video surveillance (iv) internet intercept l. The number of persons arrested whose identity became known to a Peace Officer as a result of an interception under an authorization ………………………………………………………………………………………………………0 m.

The number of criminal proc eedings commenced at the instance of th e Attorney General of Newfoundland and Labrador in which private communications obtained by interception under an authorization were adduced in evidence and the number of those proceedings that resulted in a conviction: Criminal proceedings adduced in evidence ………………………………………………………………….0 Resultant convictions …………………………………….……………………………………………..……0 (Ongoing Preliminary Proceedings)

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 24, 2011 231 n. The number of criminal investigations in which information obtained as a result of the interception of a private communication under an au thorization was used although th e private communication was not adduced in evidence in criminal proceedings commen ced at the instance of the Attorney General of Newfoundland and Labrador as a result of the investigations: Intercepted information used but not adduced into evidence…………………………………………...…..0

Section 195(3) Other information: a. The number of prosecutions commenced against officers or servants of Her Majesty in Right of Canada or members of the Canadian Forces for offences under

Section 184 or

Section 193: Number of prosecutions …….........................................................................……………………………………........0 HONOURABLE FELIX COLLINS Attorney General of Newfoundland and Labrador June 24 CORPORATIONS ACT NOTICE Published on page 95 of Volume 86, Number 11, March 18th, 2011 edition of The Newfoundland and Labrador Gazette, extra-provincial regist ration of amalgamated corporation NPR GP Inc. (Corporation # 64163) contained an incorrect version of the articles of amalgamation from its home jurisdiction instead of the amended version.

Amended version contained NORTHERN PROPERTY HOLDINGS CORP. (Corporation # 6609F). Corrected with the Registry of Companies on June 17, 2011. DEPARTMENT OF GOVERNMENT SERVICES Dean Doyle, Registrar of Companies June 24 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 513, 2011 TAKE NOTICE that the ST. JOHN’S Development Regulations Amendment Nu mber 513, 2011, adopted on the 9 th day of May, 2011, has been registered by the Minister of Municipal Affairs.

In general terms, the purpose of Development Regulations Amendment Number 513, 2011 is to rezone the property located at Civic Number 599-601 Topsail Road from the Residential Low Density (R1) Zone to the Residential Medium Density (R2) Zone. The amendment comes into effect on the date 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 De partment of Planning, St. John’s City Hall during regular business hours. CITY OF ST.

JOHN’S Cheryl Kearney, Department of Planning June 24 QUIETING OF TITLES ACT 2011 01 G 1502 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRAOOR TRIAL DIVISION IN THE MATTER OF an Application of GERTRUDE COLBERT and ELIZABETH CHAYTOR of the City of St. John's, in the Province of Newfoundland and Labrador. AND IN THE MATTER OF the Quieting of Titles Act , cQ-3, RSNL 1990, and amendments thereto AND IN THE MATTER OF a piece or parcel of land situate and being at Old Track Road Ex tension, (above Old Railway Bed) in the Town of Bay Bulls, in the Province Newfoundland and Labrador.

NOTICE OF APPLICATION Under the Quieting of Titles Act, cQ-3, RSNL 1990, and all amendments thereto NOTICE IS HEREBY GIVEN to all parties that GERTRUDE COLBERT and ELIZABETH CHAYTOR have applied to the Supreme Court of Newfoundland and

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 24, 2011 232 Labrador, Trial Division, to have their title to all that piece or parcel of land situate and being at Old Track Road Extension (above Old Railway Bed) in the Town of Bay Bulls in the Province of Newfoundland and Labrador of which they claim on their behalf to be the owners, investigated and they request a declaration that GERTRUDE COLBERT and ELIZABETH CHAYTOR are the legal and beneficial owners in possession and the said parcel of land and the C ourt has ordered that Notice of this Application be published as required by the above named act.

All persons having title adverse to the title claimed by GERTRUDE COLBERT and ELIZABETH CHAYTOR shall file in the Registry of the Supreme Court of Newfoundland and Labrador

part iculars of such adverse claim and serve these particulars, together with an Affidavit verifying on or before the 18th day of 'July, 2011 after which date no party having any claim shall be permitted to file same or be heard except by special leave of the Court and subject to such conditions as the court may deem just. All such adverse claims shall be investigated in such manner as the said Supreme Court may direct. DATED AT St. John's, Newfoundland and Labrador this 15th day of June, 2011. GERTRUDE COLBERT and ELIZABETH CHAYTOR ADDRESS FOR SERVICE 42 Mooney Crescent, St. John's, Newfoundland, Labrador AIG IK1 Tel: (709) 364-4516

SCHEDULE “A” BOUNDARY DESCRIPTION Track Road Extension, Bay Bulls, NL BEGINNING at a point, said point having the following NAD83 coordinates in Zone 1 of the Transverse Mercator Projection as modified for the Province of Newfoundland and Labrador, N 5 240 332.554 metres E 319 419.790 metres THENCE running along the southwestern limit of Track Road Extension 15.240 metres wide, N67°49'16"W distance of 192.036 metres; THENCE running along land claimed by Harry Puddister S20°35'57"W for a distance of 377.564 metres; THENCE running along Crown Land N72°39'10"W for a distance of 192.275 metres; THENCE running along land of Sandra Cahill and Charmaine Ford (surveyed by Aubrey K.

Burt Surveys Ltd., Job. #2008-199, dated November 12, 2008) N20°35'58"E for a distance of 393.765 metres, more or less, to the Point of Beginning; June 24 TRUSTEE ACT NOTICE IN THE MATTER OF the Estate and Effects of late PHYLLIS RYAN of the Town of Gander, in the Province of Newfoundland and Labrador , Retired Gentlewoman, Deceased.

All persons claiming to be cr editors of or who have any claims or demands upon or affecting the Estate of PHYLLIS RYAN, the aforesaid deceased, who died at the Town of Gander, in the Province of Newfoundland and Labrador on or about the 16 th day of May, 2011, 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 8 th day of July, 2011 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 13th day of June, 2011. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 June 24 & 30

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 24, 2011 233 CHANGE OF NAME ACT, 2009

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 24, 2011 234 DEPARTMENT OF GOVERNMENT SERVICES Ken Mullaly, Registrar Vital Statistics June 24

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 86 ST. JOHN’S, FRIDAY, JUNE 24, 2011 No. 25 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 57/11 NLR 58/11 NLR 59/11 NLR 60/11 NLR 61/11

The Newfoundland and Labrador Gazette June 24, 2011 279 NEWFOUNDLAND AND LABRADOR REGULATION 57/11 Health Research Ethics Authority Regulations under the Health Research Ethics Authority Act (Filed June 21, 2011) Under the authority of

section 27 of the Health Research Ethics Authority Act, I make the following regulations. Dated at St. John’s, June 20, 2011. Jerome P. Kennedy, Q.C. Minister of Health and Community Services REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application to engage in research 4. Commencement 1. These regulations may be cited as the Health Research Ethics Authority Regulations. 2. In these regulations (a) "Act" means the Health Research Ethics Authority Act;

Short title

Definitions

Health Research Ethics Authority Regulations 57/11 The Newfoundland and Labrador Gazette June 24, 2011 280 (b) "authority" means the Health Research Ethics Authority for Newfoundland and Labrador established under

section 3 of the Act; (c) "research ethics board" mean s the Health Research Ethics Board established under

section 7 of the Act; and (d) "research ethics body" means a research ethics body ap- proved by the authority under

section 8 of the Act. 3.

(1) The authority shall refer all applications for approval to en- gage in health research involving human subjects that contain proposals for clinical trials or genetic research to the research ethics board.

(2) The authority may refer appli cations for approval to engage in health research involving human subjects that do not contain propos- als for clinical trials or genetic research to the research ethics board or a research ethics body. 4. These regulations come in to force on July 1, 2011. ©William E. Parsons, Queen's Printer Application to engage in research Commencement

The Newfoundland and Labrador Gazette June 24, 2011 281 NEWFOUNDLAND AND LABRADOR REGULATION 58/11 Income and Employment Support Regulations (Amendment) under the Income and Employment Support Act (O.C. 2011-181) (Filed June 21, 2011) Under the authority of

section 52 of the Income and Employment Support Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, June 10, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.8 Amdt.

Definitions 2. Commencement 1.

(1) Paragraph 8(

a) of the Income and Employment Support Regulations is amended by adding immediately after subparagraph (iv) the following: (iv.1) income tax refunds for the year 2010 or later, NLR 144/04 as amended

Income and Employment Support Regulations (Amendment) 58/11 The Newfoundland and Labrador Gazette June 24, 2011 282

(2) Subparagraph 8(d)(iv) of the regulations is repealed and the following substituted: (iv) income tax refunds for the year 2009 or earlier, 2. These regulations are consid ered to have come into force on January 1, 2011. ©William E. Parsons, Queen's Printer Commencement

The Newfoundland and Labrador Gazette June 24, 2011 283 NEWFOUNDLAND AND LABRADOR REGULATION 59/11 Low Income Tax Reduction Regulations, 2011 under the Income Tax Act, 2000 (O.C. 2011-183) (Filed June 21, 2011) Under the authority of sections 21.1 and 68 of the Income Tax Act, 2000 the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, June 20, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Definition 3. Low income tax reduction amounts 4. Repeal 5. Commencement 1. These regulations may be cited as the Low Income Tax Reduc- tion Regulations, 2011. 2. In these regulations, "Act" means the Income Tax Act, 2000. 3. For the purpose of the Act, for the 2011 taxation year

Short title Definition Low income tax reduction amounts

Low Income Tax Reduction Regulations, 2011 59/11 The Newfoundland and Labrador Gazette June 24, 2011 284 (

a) the amount referred to in paragraph 21.1(2.1)(

a) is $572; and (

b) the amount referred to in paragraph 21.1(2.1)(

b) is $288. 4. The Low Income Tax Reduction Regulations, 2010 , New- foundland and Labrador Regulation 95/10, is repealed. 5. These regulations are consid ered to have come into force on January 1, 2011. ©William E. Parsons, Queen's Printer Repeal Commencement

The Newfoundland and Labrador Gazette June 24, 2011 285 NEWFOUNDLAND AND LABRADOR REGULATION 60/11 Child and Parental Benefits Regulations (Amendment) under the Income Tax Act, 2000 (O.C. 2011-184) (Filed June 21, 2011) Under the authority of

section 68 of the Income Tax Act, 2000, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, June 20, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.7 R&S Benefit reduction calculation 2. Commencement

Section 7 of the Child and Parental Benefits Regulations is repealed and the following substituted: 7. Where the adjusted income of an eligible individual for a base taxation year, in relation to a month (

a) is less than or equal to $17,397, the benefit reduction "E" shall equal zero; and NLR 43/09 as amended Benefit reduction calculation

Child and Parental Benefits Regulations (Amend- ment) 60/11 The Newfoundland and Labrador Gazette June 24, 2011 286 (

b) is greater than $17,397, the benefit reduction "E" shall be calculated by multiplying the difference between the ad- justed income and $17,397 by (i) 5.07% where there is one qualified dependent, (ii) 10.45% where there are 2 qualified dependents, (iii) 16.22% where there are 3 qualified dependents, and (iv) the total of 16.22%, and the product obtained by multi- plying the number of qualified dependents in excess of 3 by 6.19%. 2. This regulation comes into force on July 1, 2011. ©William E. Parsons, Queen's Printer Commencement

The Newfoundland and Labrador Gazette June 24, 2011 287 NEWFOUNDLAND AND LABRADOR REGULATION 61/11 Student Financial Assistance Regulations (Amendment) under the Student Financial Assistance Act (O.C. 2011-182) (Filed June 22, 2011) Under the authority of

section 16 of the Student Financial Assis- tance Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, June 20, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.3 Amdt. Educational institution des- ignation 3. S.5.5 Amdt. Required provisions 4. S.5.9 Amdt. Obligation to pay interest 5. S.7 Amdt. Debt reduction calculation 6. S.10 Amdt. Payment deferral 7. Commencement 1. Paragraph 2(g.1) of the Student Financial Assistance Regula- tions is repealed and the following substituted: NLR 105/03 as amended

Student Financial Assistance Regulations (Amendment) 61/11 The Newfoundland and Labrador Gazette June 24, 2011 288 (g.1) "prime rate" means, for any day, the variable reference rate of interest as calculated by Canada’s Minister of Human Resources and Skills Development based upon the variable reference rates of interest decl ared on the previous business day by the largest 5 Canadian institutions as their prime rate, calculated by ignoring both the highest and lowest of those 5 rates and taking the average of the remaining 3 rates; 2. Paragraphs 3(8)(e), (

f) and (

g) of the regulations are re- pealed and the following substituted: (

e) have a grade 12 or equivalent entrance requirement or a mature student policy in place th at is acceptable to the min- ister; (

f) have a default prevention plan that is acceptable to the min- ister; (

g) adhere to all specified administrative requirements of the minister; and 3. Paragraph 5.5(

a) of the regulations is repealed and the fol- lowing substituted: (

a) any refund of fees paid to an educational institution by the borrower of (

i) financial assistance, or (ii) funds intended as financial assistance as provided under the Act sha ll be paid by the educational institution to the borrower's lender for credit against a stu- dent loan received under the Act by the borrower; 4.

(1) Subsection 5.9(8) of the regulations is repealed and the following substituted:

(8) Upon consolidation of a student loan, interest on that loan shall accrue daily and shall be calculated and payable monthly.

Student Financial Assistance Regulations (Amendment) 61/11 The Newfoundland and Labrador Gazette June 24, 2011 289

(2) Section 5.9 of the regulations is amended by adding im- mediately after subsection (9) the following:

(10) Notwithstanding another provision of this section, interest calculated under this

section shall be calculated as simple interest and shall not be compounded.

Section 7 of the regulations is amended by adding immedi- ately after subsection (3) the following:

(4) Notwithstanding another provision of this section, the grant issued to a borrower (

a) before August 1, 2005 shall not exceed $110 per week of study; (

b) between August 1, 2005 and July 31, 2007 shall not exceed $140 per week of study; (

c) between August 1, 2007 and July 31, 2009 shall not exceed $70 per week of study; and (

d) on or after August 1, 2009 shall not exceed $60 per week of study.

(5) Notwithstanding another provision of this section, a bor- rower who graduated between August 1, 2002 and August 1, 2004 shall receive the greater of the benefit to which they were entitled under this

section or

section 8 during that period. 6.

(1) Section 10 of the regulations is amended by adding im- mediately after subsection (1) the following:

(1.1) The start date of the payment deferral period may predate the date of the application by 6 months.

(2) Section 10 of the regulations is amended by adding im- mediately after section (2) the following:

(2.1) In assessing an applicati on for deferral, the minister may consider whether the bo rrower has declared bankruptcy under the Bankruptcy and Insolvency Act (Canada), and notwithstanding that the bankruptcy has not been discharged, the minister may consider and

Student Financial Assistance Regulations (Amendment) 61/11 The Newfoundland and Labrador Gazette June 24, 2011 290 approve an application for deferral under this

section where other eligi- bility criteria have been met.

(3) Section 10 of the regulations is amended by adding im- mediately after subsection (4) the following:

(4.1) The time period referred to in subsection (4) shall be calcu- lated from the date the borrower ceases to be a full time student.

(4) Section 10 of the regulations is amended by adding im- mediately after subsection (5) the following:

(5.1) Once in a borrower's lifetime, 3 months of interest may be capitalized to the borrower's loan principal. 7.

(1) Sections 1, 3 and 4 of th ese regulations are considered to have come into force on April 1, 2004.

(2) Section 2 of these regulations is considered to have come into force on August 1, 2002.

(3) Section 5 of these regulations is considered to have come into force on August 1, 2002.

(4) Section 6 of these regulations is considered to have come into force on May 11, 2004. ©William E. Parsons, Queen's Printer Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 24, 2011 291 Index

PART I Change of Name Act, 2009– Notices.............................................................................................. .............................................. 233 Corporations Act – Notice ...................................................................................................... ...................................................... 231 Criminal Code of Canada– Notice ................................................................................................ ................................................ 229 Quieting of Titles Act– Notice................................................................................................. ..................................................... 231 Trustee Act– Notice............................................................................................................ .......................................................... 232 Urban and Rural Planning Act, 2000– Notice..................................................................................... .......................................... 231

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. Health Research Ethics Authority Act Health Research Ethics NLR 57/11 New June 24/11 p. 279 Authority Regulations (In force July 1, 2011) Income Employment Support Act Income and Employment NLR 58/11 Amends June 24/11 p. 281 Support Regulations (Amdt.) NLR 144/04 (In force January 1, 2011) S.8 Amdt.

Income Tax Act, 2000 Low Income Tax NLR 59/11 NLR 95/10 June 24/11 p. 283 Reduction Regulations, 2011 R&S (In force January 1, 2011) Child and Parental NLR 60/11 Amends June 24/11 p. 285 Benefits Regulations (Amdt) NLR 43/09 (In force July 1, 2011) S.7 R&S Student Financial Assistance Act Student Financial NLR 61/11 Am ends June 24/11 p. 287 Assistance Regulations (Amdt.) NLR 105/03 (Sections 1, 3 and 4 in force April 1, 2004 Sections 2 and 5 in force Aug 1, 2002 Sections 6 in force May 11, 2004)

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 24, 2011 292 The Newfoundland and Labrador Gazette is published from the office of William E. Parsons, 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. Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca.

Advertising rates are available upon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649. Fax: (709) 729-1900.

Web Site: http://www.gs.gov.nl.ca/printer/index.html Place your order by contacting: Office of The Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 email: queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.