Newfoundland and Labrador Gazette, Part I — 31 October 2003, Vol. 78, No. 44 — Lands Act Notice; Corporations Act Notice

NLG 2003-10-31

Newfoundland and Labrador — Gazette

637 THE NEWFOUNDLAND AND LABRADOR GAZETTE THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 78 ST. JOHN'S, FRIDAY, OCTOBER 31, 2003 No. 44 CITY OF MOUNT PEARL ACT MOUNT PEARL MUNICIPAL COUNCIL CITY OF MOUNT PEARL SNOW CLEARING REGULATIONS NOTICE TAKE NOTICE that the Mount Pearl Municipal Council has enacted the City of Mount Pearl Snow Clearing Regulations. The said Regulations were passed by Council on the 30th day of September 2003 and will have the effect of enforcing snow clearing regulations within the City of Mount Pearl in accordance with

Section 203 of the City of Mount Pearl Act. All persons are hereby required to take notice that any person who wishes to view such regulations may view same at the office of the Chief Administrative Officer of the Mount Pearl Municipal Council at City Hall, and that any person who wishes to obtain a copy thereof may obtain it at the said office. These regulations shall come into effect on the 1 st day of December A.D. 2003. CITY OF MOUNT PEARL Gerard Lewis, CMC Chief Administrative Officer Oct 31 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Frederick J.

Moore, late of Avondale, in the Province of Newfoundland and Labrador, Newfoundland and Labrador Parks Worker, deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Frederick J. Moore, aforesaid, deceased, who died at

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 638 Avondale, in the Province of Newfoundland and Labrador, on or about the 7 th day of August, 2003, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate of the said deceased on or before the 21 st day of November, 2003, after which date the Executor will proceed to distribute the Estate having regard only to the claims of which it shall then have had notice. DATED at St. John’s, Newfoundland and Labrador, this 16 th day of October, 2003. J. DAVID B.

BAIRD Solicitor for the Executor ADDRESS FOR SERVICE: Suite 706, TD Place 140 Water Street P.O. Box 665 St. John’s, NL A1C 5L4 Oct 31 & Nov 7 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, SNL, 1991, as amended Notice is hereby given that SGE Acres Limited on behalf of the Town of Trinity, Newfoundland and Labrador intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) (

c) of the said Act, all that piece or parcel of Crown Land situated within fifteen metres of the waters of Barrick ’s Cove, Trinity Bay, in the Electoral District of Trinity North, Newfoundland and Labrador. The purpose of acquiring this parcel of land is to accommodate the construction of a buried concrete septic tank measuring 12.90 m long and 5.60 m wide. The surface area of the tank is enclosed with a chain and post barrier.

The septic tank will become part of the new sewer system for the town and being more particularly described as follows: Bounded on the North by Crown Land for a distance of 16 m; Bounded on the East by Crown Land and the waters of Trinity Bay for a distance of 7 m; Bounded on the South by Crown Land for a distance of 16 m; Bounded on the West by a Public Roadway for a distance of 7 m; Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Eastern Regional Lands Office, P.

O. Box 8700, 5 Mews Place, St. John’s NL, A1B 4J6. For further information regarding the proposed application, please contact Tom Hogan at SGE Acres Limited, Telephone (709) 466-2685. Oct 31 QUIETING OF TITLES ACT 2003 ST. J. No. 3901 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF the Quieting of Titles Act,

Chapter Q- 3, Revised Statutes of Newfoundland and Labrador, 1990, c Q-3 AND IN THE MATTER OF Property situate at Airport Heights, St. John’s, in the Province of Newfoundland and Labrador AND IN THE MATTER of the Application of James Cole, of St. John’s, in the Province of Newfoundland and Labrador, Contractor, with respect to the said property NOTICE OF APPLICATION NOTICE is hereby given to all parties that James Cole, of St.

John’s, in the Province of Newfoundland and Labrador, Contractor, has applied to the Supreme Court of Newfoundland and Labrador to have the title to ALL THAT piece or parcel of land situate and being located at Airport Heights, St. John’s, and he reinafter more particularly described in the

Schedule hereunto annexed and marked “A”, of which the said James Cole to be the owner, investigated and for a declaration that the said James Cole, is the absolute owner thereof, and the said James Cole having been ordered to have Notice of the said application to be published as required by the above-named Act. All persons having title adverse to the said title claimed by the said James Cole, shall file in the Registry of the Supreme Court of Newfoundland and Labrador at St.

John’s particulars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned Solicitor for the Applicant on or before the 24 th day of November, 2003 after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 639 All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. Dated at St. John’s, this 24th day of October, 2003. TOBIAS F. MCDONALD LAW OFFICES Solicitors for the Applicant PER: David L.G. Andrews, QC ADDRESS FOR SERVICE 74 O’Leary Avenue St. John’s, NL A1B 2C7 Oct 31

SCHEDULE ‘A’ All that piece or parcel of land situate, lying and being on the southwest side of Airport Heights Drive (formerly known as Portugal Cove Road), designated as Civic No. 139, in the city of St.

John’s, in the province of Newfoundland and Labrador, Canada and being more particularly described as follows, that is to say: BEGINNING at a point, said point being a found iron pin set in the southwestern limit of th e said Airport Heights Drive (20 metres wide) and having co-ordinates of North 5 273,973.234 metres and East 323,844.004 metres of the modified three degree transverse Mercator projection (Zone 1, NAD 83) for the province of Newfoundland and Labrador, Canada: THENCE running along the af orementioned southwestern limit of Airport Heights Drive S 69º 23' 00"E a distance of 72.800 metres; THENCE running S 62º 04' 00"E A distance of 24.320 metres; THENCE running by other land of Leary’s Brook Holdings Ltd.

S 28º 43' 00" W a distance of 68.790 metres; THENCE running S 23º 06" 00" W a distance of 11.700 metres; THENCE running S 19º 54' 00" W a distance of 46.350 metres; THENCE running S 20º 52' 00" W a distance of 53.450 metres; THENCE running S 20º 48' 2" W a distance of 450.950 metres; THENCE running by land, now or formerly, of Pippy Park Commission ( formerly Joseph Noad Volume 1A-Folio 305, Crown Lands Registry) N 75º 07' 00" W a distance of 83.740 metres; THENCE running land of Max Duffet & Sons Ltd. (Civic No. 149 Airport Heights Drive) N 20º 02' 40" E a distance of 443.390 metres; THENCE running N 21º 20' 00"E a distance of 75.790 metres; THENCE running N 21º 33' 00" E a distance of 68.550 metres; THENCE running N 20º 43' 00" E a distance of 54.300 metres, more or less, to the principal point of beginning.

The above described piece or parcel of land contains an area of 5.570 hectares, the same being more particularly described on the drawing hereto attached. All bearings refer to Grid North (NAD 83). A portion of the Grand Concourse Walking Trail & The Virginia River crosses through the southeastern corner of the said property as indicated on the attached plan.

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 640

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 641 CORPORATIONS ACT NOTICE -

SECTION 341(2) NOTICE IS HEREBY GIVEN pursuant to

section 341(2) of the Corporations Act that the Registrar, under authority of s. 341(1), has decided to dissolved the following corporations effective October 24, 2003: 15294 D. F. Squires Electrical Limited 15296 PINWARE RIVER FISHING LIMITED 15340 LONE RAVEN DEVELOPMENTS LIMITED 15408 G. and S. Limited 15474 Phoenix Construction Limited 15510 Graphix Limited 15628 H. J. Crocker Enterprises Limited 15774 Noel Parsley Real Estate Services Limited 15905 TREPASSEY DRUGS LIMITED 16009 M. & M.

Foods Limited 16028 MARITIME YACHT SALES LIMITED 16036 Grant Chalker Real Estate Limited 16037 June’s Needleworld Limited 16053 Compton Holdings Limited 16144 Walsh’s Cabinet Limited 16306 Samson’s Supermarket Limited 16360 J. Barnes & Sons Limited 16599 C. C. A. CONSTRUCTION LIMITED 16635 Tom’s Gas Bar Limited 16651 E.T. Contracting Limited 16703 Trophy Shop

(1982) Limited 16751 Kingsbridge Properties Limited 16755 Connaigre Construction Limited 16757 SPORTSTOP LIMITED 16839 PERRO CONSTRUCTION LIMITED 16898 ABBOTT’S RESTAURANT LIMITED 16941 Graham Agencies Inc. 16990 SOLFAN CONSTRUCTION LIMITED 17099 St. Lawrence Fluorspar Limited 17102 Metro Properties Limited 17156 J. B. S. Enterprises Limited 17158 Truck ‘n’ Trailer Services Limited 17170 Shepherd Developments Limited 17241 TROMSO ENTERPRISES LIMITED 17247 Almark Construction Limited 17273 A. J. & K. Enterprises Limited 17283 MUTUAL INVESTMENTS LIMITED 17388 W. M. Nolan Limited 17412 Western Orthopedic Lab Ltd. 17450 COJO ENTERPRISES LIMITED 17487 Gander Truck Centre

(1984) Limited 17517 Torlan Investments Limited 17546 Bull Arm Enterprises Limited 17586 Fizzard’s Limited 17622 CHARCOAL PIT LIMITED 17640 C. B. Construction Limited 17657 PRECISION REBUILDING LIMITED 17661 Royal Dragon Trading Company Limited 17697 JEN-MAR CONCRETE LIMITED 17712 Headquarters Limited 17726 The Celtics Athletic Association 17747 Thunder Construction Limited 17840 Sheila Gillard Studio Limited 17913 MIFFLEN HOLDINGS LIMITED 18185 GRACO ENTERPRISES LIMITED 18194 BURSEY & RUSSELL MECHANICAL LIMITED 18207 Fort William Development Limited 18335 W.W.

Holdings Limited 18422 Sanctuary Holdings Limited 18426 Margaret Dunn Cosmetics Limited 18599 TARAD LIMITED 18623 RIDGEVIEW SERVICES LIMITED 18670 BRADSHAW’S COVE FISHERIES COMPANY LIMITED 18702 PARSONS LOGGING AND LUMBER LIMITED 18754 JOHN POOLE LIMITED 18882 GILBERT E. D. EASTON LIMITED 18894 M.A.P. ENTERPRISES LIMITED 18942 Eric A. Gullage and Associates Limited 18957 CAMPBELLTON FISHERIES LIMITED 18966 HUBERT’S AUTOMOTIVE REPAIR LIMITED 18996 CROSS COUNTRY ENTERTAINMENT LIMITED 19024 B. & R.

Mechanical Services Limited 19113 FIRST CLASS CONSTRUCTION LIMITED 19115 Vallis Associates Limited 19117 ATLANTIC FISH DISTRIBUTORS LIMITED 19181 The Junction Limited 19279 EASTERN ROOFING LIMITED 19325 M. & D. Auto Repairs Limited 19369 L.G.M. Holdings Limited 19466 MAIN BROOK FOREST PRODUCTS LIMITED 19549 FEWERS’ ENTERPRISES

(1985) LIMITED 19559 Atlantic North Limited 19571 Shear Exploration Limited 19591 BUCHANEER OUTBACK LIMITED 19623 Happy Day’s Kennel Limited 19658 River Communications Limited 19710 MICHAEL’S TAKE-OUT LIMITED 19757 CONNAIGRE DEVELOPMENT LIMITED 19769 Quality Kitchens Limited 19779 Marex International Limited 19795 REX HAYNES LIMITED 19820 DELTA DRUGS LIMITED

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 642 19845 J & S CONTRACTING LIMITED 19937 FRED’S ROCK SHOP LIMITED 19980 C ANADIAN CAREER INSTITUTE LIMITED 19995 J.D.

TRUCKING LIMITED 19999 Nutrition Limited 20010 FREAKE’S FAMILY FOOTWEAR LIMITED 20030 AGGIE’S LIMITED 20049 TRI - C - Associates Limited 20051 Complete Carpentry Limited 20075 INSUL-WALL NEWF OUNDLAND LIMITED 20221 DOUBLE “D” CRAFTS LIMITED 20223 Waste Disposal Limited 20284 Security Patio Doors Limited 20297 TRIPLE T ENTERPRISES LIMITED 20322 Island Imports & Exports Limited 20324 BUTTS ENTERPRISES LIMITED 20484 ACCUSEARCH LIMITED 20490 F & D Enterprises Limited 20523 Octagon Automotive Limited 20528 S AND S SECURITY LIMITED 20571 JESS PAUL LIMITED 20587 JOB BUSTERS LIMITED 20616 C.S.B.D.

Construction Limited 20624 C.C.L. Lounge Limited 20651 A.G.M. Engineering & Contracting Limited 20659 MASK ENTERPRISES LIMITED 20684 Iron Rod Limited 20844 Lobster Specialties Limited 20865 King-Ellis Safety and Security Supplies Limited 20876 10001 (NFLD.) LIMITED 20886 Beothuck Farms Produce Limited 20930 GORDON W.

GENGE AND COMPANY LIMITED 20931 CORBETT & CORBETT CONSTRUCTION LIMITED 21030 Spruce Hill Holdings Limited 21040 Keats, The Advertising Group Limited 21074 TIFFANY’S LIMITED 21076 Marisel Inc. 21077 B & K Enterprises Limited 21126 WEE CARE DAY CARE LIMITED 21128 Paladin Resources Limited 21170 JUMBLES PUB LIMITED 21174 R. & M. Design Inc. 21233 J & M VENTURES LIMITED 21250 HILLTOP BLUEBERRY FARMS LIMITED 21279 UPPER TRINITY FURS INCORPORATED 21295 Eastern Atlantic Seafoods Inc. 21312 C & S INSULATING LIMITED 21433 Bay St.

George Bricklaying Limited 21450 QUALITY CLEANERS & PAINTERS LIMITED 21452 QUALITY BLINDS (WESTERN) LIMITED 21455 Humber Arm Shipbuilding Company Limited 21586 Linda’s Variety Limited 21607 P. & P.

FOOD MARKET LIMITED 21618 MADDOX SAWMILL LIMITED 21729 RANDELL HOMES LIMITED 21731 Creative Toys Limited 21749 CULL’S HOME STYLE BAKERY LIMITED 21756 PEM TRANSPORT LIMITED 21773 AUTO PLAZA LIMITED 21793 Tetford Refrigeration Limited 21826 Russell, Keough Forest Products Limited 21830 Love a Tot Day Care Limited 21841 Economic Development Association of Newfoundland & Labrador Incorporated 21887 Boone’s Wholesale Limited 21896 B.V.A. COMPANY LIMITED 21903 Jenkins Construction Limited 21934 B. & B. PAINTING COMPANY LIMITED 21945 POLANCO LIMITED 21969 M.M.P.

ENTERPRISES LIMITED 21973 CL AUDE’S BARBER SHOP AND BEAUTY SALON LIMITED 21991 WATERBED DISTRIBUTERS LIMITED 22031 Eastern Canadian Hunting & Fishing Adventures Ltd. 22069 Stop N Snack Limited 22078 A & S Hydraulic Sales & Services Incorporated 22086 THE SEWING LOFT LIMITED 22143 ROSTELLEN INN AND RESTAURANT LIMITED 22190 Weststar Builders Ltd. 22235 Bayside Holdings Limited 22246 CELESTIAL ENTERPRISES LIMITED 22262 GOR Construction Limited 22296 Whiffens Enterprises Ltd. 22393 VICTORIAN CARPETS CO.

LTD. 22406 Allied Enterprises Incorporated 22415 Northern Design and Management Limited 22422 SHANNON’S PHARMACY LTD. 22439 Oceanview Take-Out Limited 22489 Home Life King Real Estate Limited 22492 CANNING BROTHERS CONSTRUCTION LIMITED 22524 MG and CLARKE Limited 22558 PARDY CONTRACTING LIMITED 22569 CENTURY CONSTRUCTION INC. 22597 C.D.K. CONTRACTING LIMITED 22600 COMMONWEALTH DRY CLEANERS LIMITED 22613 WACO LIMITED 22637 WIND & WAVE LIMITED

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 643 22695 Skyvision Satellite Inc. 22719 Computer Concepts Limited 22764 CeBec Management & Holdings Inc. 22837 M & K BATH LTD. 22840 MILLEY’S SHEEP RANCH LIMITED 22842 NEW-LAB SIDING LIMITED 22928 SHUTTERED & FRAMED LTD. 22935 Reidco Ltd. 22936 Little Rock Fisheries Limited 22946 SEAPORT HOLDINGS INC. 22976 Austin’s Convenience Inc. 23013 BAR-TECH INDUSTRIES INC. 23060 JMP FISHERIES COMPANY, INC. 23062 CALEDONIA CONTRACTING LIMITED 23082 Blow-Me-Down Tours Ltd. 23085 ELKAY ENTERPRISES LIMITED 23188 S.& J. Construction Limited 23196 WRS CONTRACTING LIMITED 23206 PROFESSIONAL HOME RENOVATIONS AND REPAIRS CO. LTD. 23211 DRODGE REALTY

(1988) LIMITED 23214 ATLANTICUT LIMITED 23232 VOKEY’S SHIPYARD LIMITED 23234 WEST COAST SMALL ENGINE PARTS & SERVICE LIMITED 23241 G. & R. Drywall Limited 23313 Driver Training Academy Limited 23324 P. Duff & Sons Limited 23335 E.M.R. HOLDINGS LTD. 23349 BISHOP’S PAVING LTD. 23357 NEW-FORT LIMITED 23369 H & H Manufacturing Incorporated 23397 MELVILLE SHEET METAL LIMITED 23402 M.E.J. HOLDINGS LIMITED 23418 TWILLI NGATE BOATBUILDERS LIMITED 23447 Arctic Seafood Processors Limited 23449 EASTERN CARPENTRY LIMITED 23471 PRINTSTANT LIMITED 23473 M. J.

Enterprises Incorporated 23475 Eastern Partitions Systems Limited 23481 SMITH’S HOME FURNITURE LIMITED 23485 CLAYMAR HOLDINGS LIMITED 23507 Rumbolt and Company Inc. 23528 B & S Exercise Studio Inc. 23556 JAR-MARK Sports Limited 23557 M V ARCTIC PRINCESS LIMITED 23566 GERALD MUSSEAU & SON LTD. 23576 G & D HOLDINGS LIMITED 23602 Cardinal Construction and Equipment Rental Limited 23619 The Newfoundland Clam Company Limited 23652 Westmount Construction Limited 23746 Communications Plus Limited 23767 Triple Crown Trading Limited 23778 LAKLIFT CRANE RENTALS LIMITED 23787 Homestyle Food Services Limited 23792 TERRA NOVA AUCTIONEERS INC. 23831 10190 Newfoundland Limited 23857 BRITE SIGNS & DISPLAYS INC. 23880 BENENTT’S TOURIST HOME LIMITED 23892 Netvest Inc. 23961 Premium Installment Plan, Inc. 23962 10046 Newfoundland, Inc. 23995 Earle O’Connell Holdings Limited 24003 ITALO ITALIANO LIMITED DATED AT ST.

JOHN’S THIS 24 TH DAY OF OCTOBER, 2003 DOUGLAS LAING Director of Commercial Registrations Oct 31 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- HAROLD JOSEPH SHEPPARD of 307 Main Street, Lark Harbour, A0L 1H0, in the Province of Newfoundland and Labrador, as follows: To change my name from HAROLD JOSEPH SHEPPARD to HAROLD JOSEPH WARFORD

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 644 DATED this 23rd day of October, 2003. HAROLD SHEPPARD (Signature of Applicant) Oct 31 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JULIAN STEPHEN HANCOCK of 6A 5 th Avenue, Deer Lake, A8A 1J6, Province of Newfoundland and Labrador, as follows: To change my name from JULIAN STEPHEN HANCOCK to JULIAN STEPHEN GILLARD DATED this 22th day of October, 2003.

JULIAN HANCOCK (Signature of Applicant) Oct 31 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- BONNY DURNFORD of P. O. Box 17, Francois, A0N 2K0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from BRANDON BUD DURNFORD to BRANDON BUD ESAU DURNFORD DATED this 17th day of October, 2003.

BONNY DURNFORD (Signature of Applicant) Oct 31 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SHERRY FLORENCE GRIFFITHS of 221 Forest Road, St. John’s, A0A 1E7, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from RYAN BRADLEY SOMERTON to RYAN BRADLEY GRIFFITHS DATED this 15th day of October, 2003.

SHERRY GRIFFITHS (Signature of Applicant) Oct 31 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JOANNE WADDLETON of 29 Jensen Camp Road, St. John’s, A1E 4T3, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’sname from JACOB NICHOLAS PARSONS to JACOB NICHOLAS WADDLETON JULIA ANNE ELIZABETH PARSONS to JULIA ANNE ELIZABETH WADDLETON JESSICA LYNN SANDRA PARSONS to

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 645 JESSICA LYNN SANDRA WADDLETON DATED this 21ST day of October, 2003. JOANNE WADDLETON (Signature of Applicant) Oct 31 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- AMY SHARLENE GOODYEAR of P. O.

Box 366, Stn C, Happy Valley-Goose Bay, A0P 1C0, Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JARED RICHARD COREY MASON LETHBRIDGE to JARED RICHARD COREY MASON GOODYEAR DATED this 24th day of July, 2003. AMY GOODYEAR (Signature of Applicant) Oct 31

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 78 ST. JOHN'S, FRIDAY, OCTOBER 31, 2003 No.44 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 130/03

The Newfoundland and Labrador Gazette October 31, 2003 1135 NEWFOUNDLAND AND LABRADOR REGULATION 130/03 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed October 24, 2003) 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, October 21, 2003. Barry R. Sparkes, Q.C. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 56A.01 Amdt.

Definitions of terms 2. Rule 56A.02 Amdt. How this Part applies 3. Rule 56A.06 Amdt. Starting a family law pro- ceeding 4. Rule 56A.08 Amdt. Naming the parties

Rules of the Supreme Count, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1136 5. Rule 56A.10 Amdt. How to serve documents 6. Rule 56A.12 Amdt. How to oppose a claim and make a claim against the ap- plicant 7. Rule 56A.15 Amdt. Consequences of not re- sponding 8. Rule 56A.17 Amdt. Making application without notice 9. Rule 56A.18 Amdt. Making orders without no- tice 10. Rule 56A.20 Amdt. What may go in an affidavit 11. Rule 56A.21 R&S How case management works 12. Rule 56A.24 R&S Applying for judgment in an uncontested family law pro- ceeding 13. Rule 56A.25 Amdt.

Judgments and orders 14. Rule 56A.27 R&S What forms to use 15. Rule 56A.28 Amdt. Child support 16. Rule 56A.30 Amdt. Spousal, partner or parental support 17. Rule 56A.31 Amdt. Property claims 18. Rule 56A.35 Amdt. How to require the filing of forms 19. Rule 56A.36 Amdt. How to require disclosure of other information 20. Rule 56A.39 Amdt. Requirement to keep infor- mation current 21. Rule 56A.40 Amdt. When non-parties have to disclose 22. Rule 56A.41 Amdt. Failure to obey disclosure order 23. Rule 56A.42 Amdt. How to apply for a divorce 24. Rule 56A.44 Amdt. Where the other party is not objecting 25.

Rule 56A.47 Amdt. Certificate of divorce 26. Rule 56A.52 Amdt. Affidavit supporting an ap- plication for variation 27. Rule 56A.53 Amdt. Copies of documents re- quired 28. Rule 56A.58 R&S Documents required in claim for child support 29. Rule 56A.59 Amdt. Applying to nullify a mar- riage 30. Rule 56A.60 Amdt. Under the Children's Law Act 31. Rule 56A.61 Amdt. Under the Family Law Act 32. Division IX Heading R&S Provisional Support Orders - Divorce Act 33. Rule 56A.63 R&S Division

definitions 34. Rules 56A.64 to 56A.67 R&S 56A.64 Application for provisional variation order 56A.65 Confirmation of provisional variation order Division IX.1 Interjurisdictional Support Orders 56A.66 Division

definitions 56A.67 Receipt of documents from reciprocating jurisdiction 35. Rule 56A Forms R&S 36. Rule 56B.01 R&S Application 37. Rule 56C.03 Amdt. Procedure where project op- erating 38. Commencement

Rules of the Supreme Count, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1137

Schedule 1.

(1) Rule 56A.01 of the Rules of the Supreme Court, 1986 is amended by repealing subparagraph (c)(iii) and substituting the following: (iii) child, parent, spousal and partner support,

(2) Rule 56A.01 is amended by adding immediately after paragraph (

e) the following: (e.1) "partner" means a partner as defined in

Part III of the Family Law Act;

(3) Rule 56A.01 is amended by repealing paragraphs (

g) and (

h) and substituting the following: (g) "property statement" mean s a property statement in Form 56A.27C; (h) "registrar" includes the Clerk of the Unified Family Court, a Deputy Registrar or Assistant Deputy Registrar in a Judicial Centre of the Supreme Court of Newfoundland and Labra- dor, Trial Division and a person appointed by one of those office holders to perform the role of the registrar under this Act;

(4) Rule 56A.01 is amended by repealing paragraph (

j) and substituting the following: (j) "uncontested family law proceeding" means a family law proceeding in which (

i) the respondent has failed to serve and file a response, (ii) the response has been withdrawn or struck out, (iii) each party to the proceed ing has indicated his or her consent on the draft judgment or order, either (

A) personally, with an affidavit of execution in Form 56A.25A, or

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1138 (

B) by his or her lawyer, or (iv) the respondent has served a response stating that he or she is not contesting the application; and 2.

(1) Rule 56A.02(6) is repealed and the following substituted:

(6) The forms prescribed by this Part, except for Forms 56A.24A, B and C, may be changed if necessary by the deletion of those portions of the form relating to relief that is not claimed.

(2) Rule 56A.02 is amended by adding immediately after subsection (6) the following:

(6.1) Forms 56A.24A, B and C may be changed where required by exceptional circumstances and no tice of any change shall be given to the court in writing setting out the circumstances and the reason for the change. 3. Rule 56A.06 is amended by repealing subsections (1) and (2) and substituting the following: Starting a family law proceeding 56A.06.

(1) A person may start a family law proceeding by presenting two originally signed copies of an originating application in Form 56A.06A to the court that has jurisdiction to hear the matter.

(2) A person asking to change a previous order about custody, access or support may start the proceed ing by presenting two originally signed copies of an originating application in Form 56A.06B. 4. Rule 56A.08 is amended by repealing subsections (1) and (2) and substituting the following: Naming the parties 56A.08.

(1) Subject to rules 56A.33 and 56A.45 where the parties start- ing a family law proceeding are calle d co-applicants, the party starting a family law proceeding is called the applicant and the opposite party is called the respondent. Starting a family law proceeding Naming the parties

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1139

(2) The description of the parties in the style of cause shall re- main the same in any subsequent pleadings in that cause of action. 5. Rules 56A.10(2) to (6) are re pealed and the following substi- tuted:

(2) Service of documents not listed in (1) on a person in a fam- ily law proceeding may be made in accordance with Rules 6 and 6A.

(3) Notwithstanding (2), where the person to be served with a document is a "board" or "director" as defined in the Child, Youth and Family Services Act , the document may be served by leaving a copy with the Director of Child, Youth an d Family Services for the applica- ble board. 6. Rule 56A.12(1) is repealed and the following substituted: How to oppose a claim and make a claim against the applicant 56A.12.

(1) A respondent who wishes to oppose a claim made in an originating application shall serve and file a response in Form 56A.12A (

a) within 30 days after service of the originating application if the respondent was served in Canada or the United States of America; or (

b) within 60 days after service of the originating application if the respondent was served outside Canada and the United States of America. 7. Rule 56A.15(1) is amended by adding immediately after the word "time" a comma and the wo rds "serves and files a response stating that he or she is not contesting the application". 8.

(1) Rule 56A.17(2) is repealed and the following substituted:

(2) A person who makes an application without giving notice shall (

a) file an affidavit stating why the applicant is entitled to pro- ceed without notice and what st eps have been or may be taken to minimize the prejudice to persons who will not be notified of the application; and How to oppose a claim and make a claim against the applicant

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1140 (

b) submit a proposed application respecting the same subject matter and seeking more permanent relief, to be heard by the court after giving notice to the other parties.

(2) Rule 56A.17 is amended by adding immediately after rule 56A.17(2) the following:

(2.1) The proposed application submitted under (2)(

b) shall be issued when the application without notice is heard by the court. 9. Rule 56A.18(2) is repealed and the following substituted:

(2) When the court makes an order without notice, the court shall set a return date within 7 days of making the order and the appli- cant shall serve notice of that date and the documents submitted under rule 56A.17(2)(

b) on all parties and persons affected by or interested in the order. 10. Rules 56A.20(5) and (6) are amended by renumbering them as rules 56A.20(4) and (5) respectively. 11. Rule 56A.21 is repealed and the following substituted: How case management works 56A.21.

(1) After a family law proceeding is started, other than a pro- tective intervention or an interim or interlocutory application, the regis- trar shall

schedule a case management meeting to be heard before a judge and the person starting the application shall serve the application on the other parties with a Notice of Case Management in Form 56A.21A.

(2) After the first case management meeting a party to the fam- ily law proceeding may obtain a date for a case management meeting from the registrar and the person requesting the meeting shall serve the other parties with a Notice of Case Management in Form 56A.21A at least 5 days prior to the date scheduled for the meeting.

(3) All parties and counsel shall attend case management meet- ings, unless a judge has permitted a party or counsel to attend by tele- conference or excused a party or counsel from attending. How case manage- ment works

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(4) At a case management meeting the judge, counsel and the parties shall (

a) explore the chances of settling the case; (

b) identify the issues that are in dispute and those that are not in dispute; (

c) explore ways to resolve the issues that are in dispute; (

d) ensure that relevant evidence is disclosed; (

e) note that it may be possible to simplify the case if the parties admitted certain facts; (

f) set the date for the next step in the case; (

g) have the parties agree to a specific timetable for the steps to be taken in the case before it comes to trial; and (

h) discuss whether a settlement conference is appropriate.

(5) At a case management meeting the judge may (

a) make an order for document disclosure; (

b) make an order for an appraisal of the value of property; (

c) set the times for events in the case or give directions for the next step including follow-up case management meetings; (

d) refer any issue for alternate dispute resolution; (

e) direct an interview of a child; (

f) order psychiatric and psychological assessments; (

g) order home assessments; (

h) order an accounting by the registrar; (

i) order that the evidence of a witness at trial be given by affi- davit;

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1142 (

j) make any unopposed order or an order on consent; (

k) if notice has been served, make an interim order with the consent of the parties or a final order; (

l) make an order amending pleadings or other documents; (

m) make an order limiting the number of expert witnesses and determining how they may give their evidence; (

n) make an order requiring the parties to make arrangements for expert witnesses to meet, on a without prejudice basis, to determine those matters on which they agree and to identify those matters on which they do not agree; (

o) make an order for directions as to the manner of conducting lengthy and complex trials; (

p) order that a pre-trial or settlement conference be held; (

q) order that examination for discovery be held under rule 56A.35(4); and (

r) make an order that will promote a fair and expeditious reso- lution of the case.

(6) Where an issue in a family law proceeding has been referred by the court to a mediator or other person for alternate dispute resolu- tion, the mediator or other person shall: (

a) attempt to meet with the par ties and, if they agree, attempt a resolution of their dispute; and (

b) meet with other persons including lawyers that he or she thinks may be helpful in resolving the dispute.

(7) The mediator or other person shall notify the parties, or their lawyers, in writing of the terms of any settlement that has been tenta- tively reached and shall advise the c ourt that the alternate dispute reso- lution process has concluded.

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(8) Where the court orders that a home assessment be con- ducted, the assessor shall prepare and deliver to the court, a report which includes, unless the court orders otherwise (

a) information the assessor considers relevant to the matters in dispute; (

b) an opinion as to the suitability of each party to have custody or access; (

c) an opinion as to what plan of custody and access would be in the best interests of the children; (

d) the basis of the opinion; and (

e) a report upon any other matter referred by a judge. 12. Rule 56A.24 is repealed and the following substituted: Applying for judgment in an uncontested family law proceeding 56A.24.

(1) Where a demand for notice has been served in an uncon- tested family law proceeding under ru le 56A.13, the applicant shall file and serve a notice of application for judgment in Form 56A.24A before applying for judgment.

(2) In an uncontested family law proceeding, any information or evidence required to enable the Court to perform its duties, and the evidence required to prove the claim, shall be presented by affidavit, unless the Court orders that the ev idence and information be presented orally at a hearing.

(3) Where the uncontested family law proceeding includes a claim for divorce, the applicant shall file the information required under rule 56A.44.

(4) If the judge does not order the presentation of oral evidence, the judge may (

a) grant a judgment without anyone appearing; or (

b) direct that a party or the lawyer for a party appear. Applying for judgment in an uncontested family law proceeding

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(5) If an applicant wishes the court to make a decision on an uncontested family law proceeding, the applicant shall file and the registrar shall place before the court (

a) an application for judgment in Form 56A.24B requesting that the proceeding be decided on the basis of affidavit evi- dence; (

b) evidence to satisfy the court that the respondent was served with the originating application in accordance with the rules for service; (

c) an affidavit signed by the applicant in Form 56A.24C (

i) stating detailed reasons on why the applicant is entitled to make the claim and evidence to support the claim, (ii) stating that all the facts and information contained in the originating application are still true and accurate, with corrections or subsequent changes noted, (iii) where costs are claimed, a detailed breakdown of the amount claimed and the reason why they are claimed, and (iv) with those parts of the affidavit that do not apply to the application and the requested order struck through and initialled; and (

d) any other affidavits or supporting materials that may be required in the family law proceeding.

(6) Where a claim is made for a specific amount of support, either periodic or a lump sum, other than in a child support proceeding, and the respondent does not file a response or otherwise contest the amount claimed, the court may treat the respondent as if he or she ac- cepts the appropriateness of the amount claimed.

(7) The court may order a party to pay the costs of an applica- tion for judgment in an uncontested family law proceeding to another party.

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(8) Where a statute requires the court to state r easons, the judge making the decision may state the reasons of the court by noting them on the folder containing the court record.

(9) Where a judgment or order is made in an uncontested family law proceeding under this rule, the party obtaining the judgment or order shall mail a copy of it to the other parties. 13. Rule 56A.25(3) is repealed and the following substituted:

(3) Unless the court orders otherwise, an application for a judg- ment or 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; and (

b) the written consent of each party who is acting in person, or of a respondent who has not appeared, with an affidavit of execution in Form 56A.25A. 14. Rule 56A.27 is repealed and the following substituted: What forms to use 56A.27. For the purposes of this Part (

a) a financial statement shall be in Form 56A.27A; and (

b) a property statement sh all be in Form 56A.27C. 15. Rule 56A.28(2) is repealed and the following substituted:

(2) Where an agreement in Form 56A.28A is filed with the court and affidavits of execution in Form 56A.25A signed by the parties are attached to that agreem ent, the court may make an order for the pay- ment of child support provided for in the agreement without the parties appearing before the court. 16. Rule 56A.30(1) is repealed and the following substituted: Spousal, partner or parental support What forms to use

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1146 56A.30.

(1) A party to a claim for spousal , partner or parental support shall file and serve a financial statement unless (

a) the parties have agreed on the relief to be granted; and (

b) the parties have filed a waiver in Form 56A.30A. 17. Rule 56A.31(1) is amended by striking out the words "prop- erty statements" where they first oc cur and substituting the words "a property statement in Form 56A.27C". 18.

(1) Rule 56A.35(1) is amended by striking out the words and commas "once without leave, and at any other time with leave of the Court,".

(2) Rule 56A.35(4) is repealed and the following substituted:

(4) Rules 30 (Examination for Discovery) and 32 (Discovery and Inspection of Documents), except rule 32.07(2) as modified by rule 56A.40, do not apply to a family law proceeding unless the court oth- erwise orders. 19.

(1) Rule 56A.36(1) is repealed and the following substituted: 56A.36.

(1) In a family law proceedi ng where financial or property statements are required, a party may (

a) prior to the setting of a date for trial, file and serve a notice to reply to written questions in Form 56A.36A; and (

b) after the setting of a date for trial, with leave of the court file and serve a notice to reply to written questions in Form 56A.36A.

(2) Rule 56A.36(3) is amended by striking out the period at the end of paragraph (

b) and subs tituting a comma, and adding immediately after that paragraph the following: and the court may make an order that a party does not have to answer a question. 20. Rule 56A.39(2) is repealed and the following substituted: Spousal, partner or parental support How to require disclosure of other information

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1147

(2) Where (1) applies, the new financial statement or property statement or the affidavit shall be filed (

a) at least 7 days before a hearing of an application or before a trial; or (

b) at least 10 days before a case management meeting or pre- trial or settlement conference, unless the court orders otherwise. 21. Rule 56A.40(2) is amende d by striking out the words "Where the Court makes a determination of undue hardship" and substituting "Where there is a claim for undue hardship by either party". 22. Rule 56A.41(

e) is amended by striking out the reference to "rule 56A.34" and substituting a reference to "rule 56A.38". 23. Rule 56A.42 is amended by adding immediately after sub- section (4) the following:

(4.1) Where a certificate of marriag e or of registration of marriage is in a language other than English or French, the applicant shall file with the originating application a translation of that certificate, certified as a true and correct translation. 24.

(1) Rule 56A.44(1)(

a) is a mended by striking out subpara- graph (xv) and substituting the following: (xv) any other information necessary for the court to grant the divorce, and those parts of the affidavit that do not apply to the appli- cation and the requested order shall be struck through and initialled.

(2) Rule 56A.44(1)(

g) is repealed and the following substi- tuted: (g) 2 envelopes, approximately 19 centimetres by 26.5 centime- tres,

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1148 (

i) one of which is addressed to the respondent at the ad- dress given in the affidavit of service of the application, or any other address that may satisfy the court that a copy of the judgment will reach the respondent, unless ordered otherwise, and (ii) one of which is addressed to the applicant at the address for service provided by the applicant.

(3) Rule 56A.44(3) is repealed and the following substituted:

(3) Where an applicant does no t apply for judgment in an un- contested divorce proceeding based on separation, the respondent may apply by notice of application for judgment in Form 56A.24A, and if the respondent does so, the respondent shall file with that notice (

a) an application for judgment in Form 56A.24B requesting that the action be determined on the basis of affidavit evi- dence or by oral evidence; (

b) an affidavit of the respondent which shall be in Form 56A.24C with any necessary modifications and which shall also comply with the requirements of (1)(a); (

c) any other affidavits or supporting materials that may be required in the proceeding; and (

d) the documents and materials required under (1)(

d) to (g). 25. Rule 56A.47(3) is repealed and the following substituted:

(3) Where a divorce judgment is granted, the registrar shall mail a copy of the judgment in Form 56A.46A to each of the parties. 26.

(1) Rule 56A.52 is amended by striking out the words "An affidavit supporting an application for variation" and substituting the words "An application for variation in Form 56A.06B".

(2) Rule 56A.52(

b) is repealed and the following substituted: (

b) the names and birth dates of every child of each of the par- ties in the custody or care of e ither of them, in respect of whom relief is sought;

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1149 27. Rules 56A.53(2) and (3) are repealed and the following sub- stituted:

(2) A copy of any existing agre ement that deals with custody, access or support shall be attached to an application for variation.

(3) For the purposes of this rule, a person applying for variation does not have to attach a document that has been previously filed with the court if the application identifies the document, states that the document is in the court file and specifies either the date of the order or the filing date of the document. 28. Rule 56A.58 is repealed and the following substituted: Documents required in claim for child support 56A.58.

(1) If an application contains a claim for variation of a support order or agreement, any required income information previously dis- closed and filed with the court need not be filed again if a document is filed identifying the income informati on, stating that it is in the court file, and stating the date it was filed with the court.

(2) Where there is a claim for ch ild support, the registrar shall not accept a party's financial information unless (

a) copies of the party's income tax returns and notices of as- sessment are attached as the form requires, except where a copy is identified as already in the court file; (

b) a statement from the Canada Customs and Revenue Agency that the party has not filed any income tax returns is at- tached; (

c) the party's signed Canada Customs and Revenue Agency Consent in Form 56A.58A for disclosure of the party's in- come tax returns and notices of assessment, is attached; or (

d) the party declares that he or she is not required to file an income tax return by reason of the Indian Act (Canada).

(3) The party claiming child support or variation of child sup- port shall include the following in the application or response: Documents required in claim for child support

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1150 (

a) whether child support is sought in accordance with the table amount determined under the guidelines; (

b) whether the party claims (

i) there is a child of the age of majority or over, (ii) the income of the payor is over $150,000, (iii) the payor stands in the place of a parent for the child, (iv) there is split custody, each party having custody of one or more children, or (

v) there is shared custody of a child; (

c) whether a claim for undue hardship is being advanced; and (

d) whether special or extraord inary expenses are sought, the child to whom the expense relates and the particulars of the expense and amount claimed.

(4) If the party opposing the claim asserts a claim listed in para- graph (3)(b), (

c) or (d), that party shall give written notice of the claim by serving and filing the written notice in accordance with the time limits in this rule for serving and filing a response to the claim.

(5) An order for child support or variation of child support shall include the following information: (

a) the name and birth date of each child to whom the order relates; (

b) the income of any party whos e income is used to determine the amount of the child support order; (

c) the table amount determined under the guidelines for the number of children to whom the order relates or another amount ordered by the court or agreed to between the par- ties; (

d) for a child the age of majority or over, the amount that the court considers appropriate, having regard to the condition,

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1151 means, needs and other circumstances of the child and the financial ability of each party to contribute to the support of the child; (

e) the particulars of any speci al or extraordinary expense de- scribed in the guidelines, the child to whom the expense re- lates, and the amount of the expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense; (

f) the date on which the lump sum or first payment is payable and the day of the month or other time period on which all subsequent payments are to be made; and (

g) that it shall be enforced by the Director of Support Enforce- ment and that amounts owing under the order shall be paid to the person to whom it is owed through the director unless the order is withdrawn from the director. 29. Rule 56A.59(

b) is repealed and the following substituted: (

b) evidence that there has be en no collusion or connivance between the parties, and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled. 30. Rule 56A.60(

f) is repealed and the following substituted: (

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. 31. Rule 56A.61(

d) is repealed and the following substituted: (

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,

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1152 and those parts of the affidavit that do not apply to the application and the requested order shall be struck through and initialled. 32. Rule 56A is amended by striking out the Division IX heading "Reciprocal Support Orders" and substituting the following: Division IX Provisional Support Orders - Divorce Act 33. Rule 56A.63 is repealed and the following substituted: Division

definitions 56A.63. In this Division (a) "applicant" means a former spouse who makes an applica- tion for variation under

section 18 of the Divorce Act (Can- ada); (b) "minister" means the Attorney General; and (c) "provisional order" means a provisional order for variation made under the Divorce Act (Canada). 34. Rules 56A.64, 56A.65, 56A.66 and 56A.67 are repealed and the following substituted: Application for provisional variation order 56A.64.

(1) An applicant who wishes to commence an application for a provisional order shall do so by filing the documents required by these rules for seeking a variation order.

(2) An application under this rule may be made without notice.

(3) An application for a provisional order shall be accompanied by a statement giving any available information respecting the identifi- cation, location, income and assets of the other party.

(4) The registrar shall endorse a certificate at the end of a provi- sional order, stating the order is made provisionally and has no legal effect until confirmed. Division

definitions Application for provisional varia- tion order

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1153

(5) Where the court makes a provisional order, the registrar, or the applicant or his or her lawyer, shall send to the minister (

a) the documents filed in accordance with (1) and (3); (

b) a certified or sworn document setting out or summarizing the evidence given to the court; and (c) 3 certified copies of the provisional order.

(6) Where a court outside Newfoundland and Labrador remits any matter back to the court for further evidence (

a) the registrar shall give to the applicant a notice of hearing in Form 56A.64A; and (

b) the matter may be brought before any judge of the court.

(7) Where the court receives further evidence under this rule, the registrar shall forward to the court outside Newfoundland and Lab- rador that remitted the matter back (

a) a certified or sworn document setting out or summarizing the evidence; and (

b) any recommendations that th e court considers appropriate. Confirmation of provisional variation order 56A.65.

(1) On receipt of a provisional order for confirmation in the province, the registrar shall serve on the person against whom the order has been made (

a) a notice of hearing in Form 56A.64A; (

b) a copy of the documents r eceived from the co urt outside the province that made the provisional order; and (

c) an uncompleted financial statement in Form 56A.27A.

(2) The court may make an interim order for support where the matter is remitted to the court outside the province that made the provi- sional order for further evidence. Confirmation of provisional varia- tion order

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1154

(3) Where the court has requeste d further evidence on a confir- mation hearing and that evidence has be en received, the registrar or the minister shall serve the following on the persons concerned: (

a) a notice of hearing in Form 56A.64A; and (

b) a copy of the documents sent by the court outside New- foundland and Labrador.

(4) An order confirming or otherwise dealing with a provisional order for child support, including an interim order, shall be in accor- dance with the guidelines.

(5) Where the court makes an order refusing to confirm or vary- ing a provisional order for support, the court shall provide written rea- sons for its decision (

a) to the minister; and (

b) to the court that made the provisional order.

(6) Where an order is made confirming a provisional order, with or without variation, the registrar or the minister shall file the order in the court.

(7) On completion of the confirmation hearing the registrar shall forward a certified copy of the order (

a) to the minister; (

b) to the court that made the provisional order; and (

c) to the court that made the support order, where it is not the court that made the provisional order. Division IX.1 Interjurisdictional Support Orders Division

definitions 56A.66. In this Division (a) "Act" means the Interjurisdictional Support Orders Act; Division

definitions

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1155 (b) "designated authority" means the designated authority as defined in the Act; (c) "former Act" means the Reciprocal Enforcement of Support Orders Act; (d) "former rules" means rules 56A.63 to 56A.67 as they read prior to this rule coming into force; (e) "provisional order" means a provisional order and a provi- sional order of variation as defined in the Act; and (f) "reciprocating jurisdiction" means a reciprocating jurisdic- tion as defined in the Act. Receipt of documents from reciprocating jurisdiction 56A.67.

(1) On receipt of a provisiona l order for confirmation, a sup- port application or support variation application from a reciprocating jurisdiction, the designated authority in the province shall serve on the other party (

a) a notice of hearing in Form 56A.64A; and (

b) a copy of the documents received from the applicant.

(2) The court shall hear any application in the manner pre- scribed by the Act, including an interim order.

(3) On completion of the hearing, the registrar shall forward a certified copy of any order made together with the documents required under the Act to the designated authority in the province.

(4) Where the Act provides that a matter shall be dealt with under the former Act, the former rules shall be applied as if they had not been repealed. 35. Forms 56A.06A to 56A.67C are repealed and the forms in the

Schedule are substituted. 36. Rule 56B.01 is repealed and the following substituted: Application Receipt of docu- ments from recipro- cating jurisdiction

Rules of the Supreme Court, 1986 (Amendment) 130/03 The Newfoundland and Labrador Gazette October 31, 2003 1156 56B.01.

(1) Unless otherwise provided in the Unified Family Court Act or in this rule, the Rules of the Supreme Court, 1986 , including Rule 56A, shall apply, with the necessary changes to the practice and proce- dure in the Unified Family Court.

(2) In accordance with the Adoption Act the Unified Family court shall exercise its authority over matters involving the adoption of children.

(3) The parties to an adoption proceeding shall file with the Unified Family Court all documents established by the minister under the Adoption Act.

(4) Unless otherwise provided in the Adoption Act, the Rules of the Supreme Court, 1986 , including Rule 56A (Family Law), may be applied by the Unified Family Court to adoption proceedings with the necessary changes. 37. Rule 56C.03 is amended by adding immediately after sub- section (8) the following:

(9) Where Family Justice Servi ces project staff are unsuccessful in assisting the parties to reach ag reement on all or any of the issues raised by the pleadings, the registra r shall

schedule a case management meeting to deal with the unresolve d matters at the earliest available case management date and rule 56A.21 applies. 38. These rules shall come in to force on December 1, 2003. Application Commencement

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THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 1219 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 6 4 3 City of Mount Pearl Act — Notice ...................................................................... 6 3 7 C o r p o r a t i o n s A c t — N o t i c e ............................................................................ 6 4 1 L a n d s A c t — N o t i c e o f I n t e n t .......................................................................... 6 3 8 Quieting of Titles Act — Notice ........................................................................ 6 3 8 T r u s t e e A c t — N o t i c e ................................................................................ 6 3 7

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 Court, 1986 NLR 130/03 Rule 56A Amdt. Oct 31/03, p. 1135 (Admt) (In force Dec 1/03) Rule 56A Forms R&S Rule 56B.01 R&S Rule 56C.03 Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 31, 2003 1220 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen's Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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

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

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2003-10-31
Type	gazette
Volume / chapter	printer gazette weekly issues 2003 2003 10 31
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	90fe99bda82addd4700e3ee4121580e17cc3fb09

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