Newfoundland and Labrador Gazette, Part I — 6 May 2011, Vol. 86, No. 18 — Mineral Act Notice

NLG 2011-05-06

Newfoundland and Labrador — Gazette

157 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 86 ST. JOHN’S, FRIDAY, MAY 6, 2011 No. 18 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended. Mineral rights to the following mineral lands have reverted to the Crown: Mineral License 010726M Held by Aurora Energy Ltd. Situate near Otter Lake On map sheet 13K/03 Mineral License 011682M Held by Buchans River Ltd Situate near Barasway de Cerf, Southern NL On map sheet 01M/13 Mineral License 010558M Held by Buchans Minerals Corporation Situate near Betts Cove, Baie Verte Peninsula On map sheet 02E/13 Mineral License 018754M Held by P.

Walsh Jr., Joseph Situate near Mortier Bay, Burin Peninsula On map sheet 01M/03 Mineral License 012994M Held by Metals Creek Resources Corp. Situate near Birchy Lake, Central NL On map sheet 12H/07 Mineral License 013007M Held by Metals Creek Resources Corp. Situate near Jacksons Arm, White Bay On map sheet 12H/15 Mineral License 014148M Held by 61716 Newfoundland and Labrador Limited Situate near Upper Humber River, Central NL On map sheet 12H/11 Mineral License 014504M Held by Budgells Equipment & Rentals Ltd.

Situate near Randall Point, Central NL On map sheet 02E/12 Mineral License 014513M Held by Sceviour, John Situate near West of Paradise River On map sheet 13H/04 Mineral License 014519M Held by Lannon, George Situate near Great Rattling Brook, Central NL On map sheet 02D/12 Mineral License 014521M Held by Mercer, William Situate near Catamaran Brook, Central NL On map sheet 12H/01

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 6, 2011 158 Mineral License 016778M Held by Golden Do ry Resources Corp. Situate near Island Pond, Central NL On map sheet 02D/13 Mineral License 015766M Held by Eagleridge Minerals Ltd. Situate near Baie Verte Area On map sheet 12H/16 Mineral License 015784M Held by Sweetapple, Walter Situate near Alexander Bay, Eastern NL On map sheet 02D/09 02D/16 Mineral License 015785M Held by Sweetapple, Walter Situate near Glovertown, Eastern NL On map sheet 02D/09 A portion of license 015925M Held by Altius Resources Inc.

Situate near Northwest Gander River, Central NL On map sheet 02D/11 02D/14 more particularly described in an application on file at Department of Natural Resources Mineral License 017005M Held by Vale Exploration Canada Inc. Situate near Plate Cove, Eastern NL On map sheet 02C/06 02C/05 02C/11 02C/12 Mineral License 017006M Held by Vale Exploration Canada Inc. Situate near World Pond, Eastern NL On map sheet 02C/06 Mineral License 017007M Held by Vale Exploration Canada Inc. Situate near Lockston Path, Eastern NL On map sheet 02C/06 02C/05 Mineral License 017008M Held by Vale Exploration Canada Inc.

Situate near Lockston Path, Eastern NL On map sheet 02C/06 Mineral License 017010M Held by Vale Exploration Canada Inc. Situate near Port Rexton, Eastern NL On map sheet 02C/06 Mineral License 017011M Held by Vale Exploration Canada Inc. Situate near Catalina, Eastern NL On map sheet 02C/06 02C/11 Mineral License 017012M Held by Vale Exploration Canada Inc. Situate near Catalina, Eastern NL On map sheet 02C/06 02C/11 Mineral License 017013M Held by Vale Exploration Canada Inc. Situate near Birchy Cove, Eastern NL On map sheet 02C/11 A portion of license 017063M Held by Newfoundland Fluorspar Exploration Ltd.

Situate near Grand Le Pierre Area, Fortune Bay On map sheet 01M/10 01M/15 more particularly described in an application on file at Department of Natural Resources Mineral License 017074M Held by Keats, Fred Situate near Southwest Gander River, Central NL On map sheet 02D/11 Mineral License 017075M Held by Keats, Wesley Situate near Southwest Gander River, Central NL On map sheet 02D/11 Mineral License 017076M Held by Rowsell, Brian Situate near Southwest Gander River, Central NL On map sheet 02D/11 Mineral License 017097M Held by 10565 Nfld Inc Situate near Fig River On map sheet 13E/03 Mineral License 017099M Held by Metals Creek Resources Corp.

Situate near Red Indian Lake , Central NL On map sheet 12A/10 Mineral License 017100M Held by Roche, Vincent D. Situate near Little Barachois River, Avalon Peninsula On map sheet 01N/04 Mineral License 017102M Held by Power, Raymond J.

Situate near Great Gull Pond, Avalon Peninsula On map sheet 01N/04 Mineral License 017108M Held by Courtney, Stephen Situate near Grand Falls, Central NL On map sheet 02D/13 Mineral License 017109M Held by Lannon, George Situate near Grand Falls, Central NL On map sheet 02D/13 Mineral License 017110M Held by Lannon, George Situate near Grand Falls, Central NL On map sheet 02D/13 Mineral License 017112M Held by Roche, Vincent D.

Situate near Great Gull Pond, Avalon Peninsula On map sheet 01N/04 Mineral License 017113M Held by Mercer, David Situate near Island Pond, Central NL On map sheet 02D/13 Mineral License 017116M Held by Brown Co Investments Inc. Situate near Northwest Brook, Eastern NL On map sheet 01N/13 01M/16 02C/04 02D/01

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 6, 2011 159 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, 78/2006, 8/2008 and 28/2009 and outlined on 1:50 000 scale digital 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.

DEPARTMENT OF NATURAL RESOURCES JIM HINCHEY, P.Geo Manager - Mineral Rights File #’s 774:5173, 5866, 5877, 7833, 7853, 7866, 8948, 9242, 9250, 9256, 9258, 9259, 9984; 775:0053, 0060, 0061, 0156, 0522, 0721, 0722, 0723, 0724, 0726, 0727, 0728, 0729, 0733, 0736, 0737, 0738, 0739, 0741, 0742, 0744, 0746, 0747, 0748, 0750, 0751, 0754 May 6 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 505, 2011 TAKE NOTICE that the St.

John’s Development Regulations Amendment Nu mber 505, 2011, adopted on the 18 th day of April, 2011, has been registered by the Minister of Municipal Affairs. In general terms, the purpose of Development Regulations Amendment Number 505, 2011 is to introduce Multiple Dwellings as a Discretionary Use in the Residential Medium Density Pleasantville 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 May 6 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 506, 2011 TAKE NOTICE that the St. John’s Development Regulations Amendment Nu mber 506, 2011, adopted on the 26 th day of April, 2011, has been registered by the Minister of Municipal Affairs. In general terms, the purpose of Development Regulations Amendment Number 506, 2011 is to repeal the definition for “Tavern” and replace it with a definition for “Lounge”. 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 May 6 QUIETING OF TITLES ACT 2011 01G 1415 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER of the Quieting of Titles Act , RSNL, 1990, cQ-3, as amended. AND IN THE MATTER of an Application by MICHAEL MARTIN.

AND IN THE MATTER of all that piece or parcel of land situated and being situate at Edward’s Place, in the Town of Flatrock, in the Province of Newfoundland and Labrador, Canada. Notice of Application Under the Quieting of Titles Act RSNL, 1990. cQ-3, as amented NOTICE is hereby given to all parties that MICHAEL MARTIN, of Flatrock, in the Province of Newfoundland and Labrador, has applied to the Supreme Court of Newfoundland and Labrador, Trial Division, in the Judicial Centre of St.

John’s, to have the title to ALL THAT piece or parcel of land situate, lying and being at Edward’s Place, in the Town of Flatrock, in the Electoral District of Cape St. Francis, in the Province of Newfoundland and Labrador, and being more particularly described in

Schedule "A" hereto annexed, of which the said MICHAEL MARTIN claims on his own behalf to be the owner, investigated and for a declaration that the said MICHAEL MARTIN is the absolute owner thereof, free from those exceptions or qualifications contained in Paragraphs 22(1)(

c) and (

d) of the Quieting of Titles Act . All persons having a claim adverse to this title claimed by the said MICHAEL MARTIN should file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division, Judicial Centre of St. John’s, at the Courthouse Building, Duckworth Street, St. John’s, Newfoundland and Labrador, Canada, A1C 5M3, particulars of such adverse claim and serve same, together with an Affidavit verifying same, on the undersigned solicitors for the Applicant on or before the 27 th day of May, 2011 after which date no party having any claim shall be permitted to file same or to be heard except

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 6, 2011 160 by special leave of the Court subject to such conditions as the Court may deem just. All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. DATED at St. John's, Newfoundland and Labrador this 28th day of April, 2011. COX & PALMER Solicitors for the Applicant PER: William T. Cahill ADDRESS FOR SERVICE: Suite 1000, Scotia Centre 235 Water Street, St. John's, NL A1C 1B6 Tel: (709) 570-5577 Fax: (709) 576-3156 May 6

SCHEDULE “A” ALL THAT piece or parcel of land situate and being on the northeastern side of Edward’s Place, at Flatrock, in the Electoral District of Cape St .

Francis, in the Province of Newfoundland and Labrador, Canada, being bounded and abntted as follows, that is to say: COMMENCING at a point in the northeastern limit of Edward’s Place, the said point having NAD 83 Grid Coordinates of North 5 286 067.346 metres and East 326 355.999 metres; THENCE running along the sa id northeastern limit of Edward’s Place North thirty degrees six minutes twenty- five seconds West a distance of twenty-one decimal five five zero metres; THENCE running by land of Jerome Martin North fifty- three degrees forty-six minutes twenty-four seconds East a distance of ninety-nine decimal three six zero metres; TIIENCE running by land of Geoffrey Butt South thirty degrees twenty-one minutes ei ght seconds East a distance of twenty-one decimal three three six metres; THENCE running by other land of Geoffrey Butt South fifty-three degrees forty-one minutes zero seconds West a distance of thirty decimal five nine zero metres; THENCE South fifty-four degrees forty-four minutes zero seconds West a distance of th irty-seven decimal eight four zero metres; THENCE running by other land of Geoffrey Butt South fifty-two degrees thirteen minutes twenty seconds West a distance of twenty-five decimal one three seven metres; more or less to the point of beginning and containing an area of 0.209 hectares and being more particularly described on plan no.

AI77 hereto annexed. ALL BEARINGS being referred to the meridian of fifty- three degrees west longitude of the modified Transverse Mercator Projection.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 6, 2011 161 May 6

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 6, 2011 162 TRUSTEE ACT ESTATE NOTICE In the Estate of MAXWELL EUGENE EDISON , Late of the Town of Kippens, in the Province of Newfoundland and Labrador, deceased: February 2, 2006.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of MAXWELL EUGENE EDISON , late of the Town of Kippens, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send the particulars of the same in writing, duly attest ed, to the undersigned Solicitor for the Executor of the Estate on or before the 6 th day of June, 2011, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newf oundland and Labrador, this 26th day of April, 2011. ROXANNE PIKE LAW OFFICE Solicitor for the Executor PER: Roxanne Pike ADDRESS FOR SERVICE: P O Box 272 43 Main Street Stephenville, NL A2N 2Z4 May 6

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 86 ST. JOHN’S, FRIDAY, MAY 6, 2011 No. 18 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 43/11 NLR 44/11 NLR 45/11 NLR 36/11 (Reprint)

The Newfoundland and Labrador Gazette May 6, 2011 181 NEWFOUNDLAND AND LABRADOR REGULATION 43/11 Engineers and Geoscientists Regulations, 2011 under the Engineers and Geoscientists Act, 2008 (Filed May 3, 2011) Under the authority of

section 38 of the Engineers and Geoscien- tists Act, 2008, the board of directors of the Association of Professional Engineers and Geoscientists of Newfoundland and Labrador, with the approval of the Minister of Government Services, makes the following regulations. Dated at St. John's, April 27, 2011. Chairperson, Board of Directors Association of Professional Engineers and Geoscientists of Newfoundland and Labrador Harry Harding Minister of Government Services REGULATIONS Analysis 1.

Short title 2.

Definitions

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 182 3. Applications for registration and renewal of registration

PART I REGISTRATION OF PROFESSIONAL MEMBERS 4. Categories of registration of professional members 5. Registration as a profes- sional engineer or geoscien- tist - unrestricted licence 6. Registration as professional member - limited licensee 7. Conditions for continuing registration of professional members 8. Control and use of a stamp and seals

PART II REGISTRATION OF PERMIT HOLDERS 9. Requirements for registra- tion of permit holders 10. Association to be kept in- formed 11. Conditions for continuing registration of permit holders 12. Control and use of stamps and seals

PART III REGISTRATION OF MEMBERS-IN-TRAINING 13. Qualifications 14. Registration as a member- in-training 15. Register of members-in- training 16. Conditions for continuing registration of members-in- training 17. Suspension or cancellation of registration 18. Time limits 19. Professionally qualified persons inadmissible

PART IV REGISTRATION OF EXAMINATION CANDIDATES 20. Registration as examination candidate 21. Register of examination candidates 22. Cancellation and suspension 23. Time limit

PART V REGISTRATION COMMITTEE 24. Registration committee 25. Action by registration com- mittee 26. Terms of reference 27. Review by the Board

PART VI DISCIPLINE 28. Filing of an allegation 29. Mediation 30. Appointment of an adjudica- tion tribunal 31. Adjudication tribunal hear- ing date 32. Decision of the adjudication tribunal

PART VII GENERAL 33. Expiry and cancellation of registration 34. Development program re- quired 35. Substitution for registrar 36. Association publications 37. Repeal 1. These regulations may be cited as the Engineers and Geoscien- tists Regulations, 2011. 2. In these regulations

Short title

Definitions

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 183 (a) "Act" means the Engineers and Geoscientists Act, 2008; (b) "Canadian jurisdiction" has the meaning assigned to that term in the Labour Mobility Implementation Act; (c) "confirmatory examination" means an examination required by the registration committee for the purpose of assessing an engineering or geoscience degree or equivalent academic qualifications held by an applicant and not an examination for the completion of perceived specific academic deficien- cies; (d) "examination candidate" means a person referred to in sec- tion 20; (e) "executive committee" mean s the executive committee of the registration committee referred to in subsection 24(3); (f) "limited licensee" means a pers on issued a special license by the registration committee to pr actise either engineering or geoscience within a specified and limited scope; (g) "professional good standing" means (

i) evidence of the applicant' s professional good character satisfactory to the registration committee, which evi- dence may include letters of reference from employers and other persons familiar with the professional practice of an applicant, (ii) evidence of th e applicant's currency of continuing com- petence requirements satisfactory to the registration committee, and (iii) the applicant is not subject to discipline actions or sanc- tions in a jurisdiction where he or she has practised or held registration; (h) "professional member" means a person holding one of the categories of registration referred to in

section 4; (i) "professional member in responsible charge" means a pro- fessional member who in the normal day to day work routine

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 184 of that professional member directly supervises and is re- sponsible for all work performed by a permit holder in the engineering or geoscience discipline of the permit; (j) "reciprocal jurisdiction" means jurisdiction covered by an agreement to which the association or the province is party, whether or not that jurisdiction is in Canada, and which pro- vides for the mobility of engineers and geoscientists between that jurisdiction and the province, or which may be other- wise recognized by the board as a jurisdiction which has reg- istration standards equivalent to those established under the Act; (k) "registration authority" means (

i) a regulatory authority of a Canadian jurisdiction, or (ii) an association or other authority or body responsible for the registration or licensure of persons in the practice of engineering or geoscience in a reciprocal jurisdiction; (l) "registration committee" mean s the committee referred to in

section 24 and includes the executive committee of the regis- tration committee; (m) "regulatory authority" has the meaning assigned to that term in the Labour Mobility Implementation Act; (n) "required fees" means fees that may be prescribed by the board, and "required fees, dues and levies" shall have like meaning; and (o) "required form" means a form that may be prescribed by the registrar. 3.

(1) Applications for registration and renewal of registration as a professional member, permit holder, member-in-training or examina- tion candidate shall be made to the registrar in the required form and accompanied by the required fees.

(2) An application for registra tion made in accordance with sub- section (1) shall be referred by the registrar to the registration commit- tee. Applications for registration and renewal of registra- tion

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 185

(3) The registrar or the registration committee may require the applicant to consent to the registrar, the registration committee or their designate obtaining confirmation or verification from the relevant per- son, authority or body of document ation and information submitted as part of an application made under subsection (1).

(4) The registrar or the regist ration committee may require an applicant to provide evidence of being in professional good standing.

PART I REGISTRATION OF PROFESSIONAL MEMBERS 4.

(1) There are established the fo llowing categories of registration of professional members: (

a) professional engineer - unrestricted licence; (

b) professional geoscientis t - unrestricted licence; (

c) professional member in the practice of engineering - limited licensee; and (

d) professional member in th e practice of geoscience - limited licensee.

(2) A person who has been issued a limited licence may use the respective designation of either "Eng. L." or "Geo. L." 5.

(1) In order to be eligible for registration as a professional engi- neer-unrestricted licence or profe ssional geoscientist-unrestricted li- cence, an applicant shall, in addition to other applicable requirements of the Act, the regulations and the by-laws, (

a) make application for registration in accordance with

section 3 including payment of required fees; (

b) have knowledge of the Act, the regulations and by-laws, satisfactory to the registration committee; (

c) have communication abilities in the English language satis- factory to the registration committee demonstrating the abil- Categories of regis- tration of profes- sional members Registration as a professional engi- neer or geoscientist - unrestricted li- cence

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 186 ity to competently practise engi neering or geoscience in the province; (

d) have general knowledge of the practice of the professions demonstrated by successfully completing an examination in professional practice or by those other means that the regis- tration committee may require; (

e) demonstrate good character in the education, training and work experience and other matters applicable to entry into the profession; and (

f) satisfy all academic and app licable experience requirements.

(2) In order to satisfy all academic and practical experience re- quirements referred to in paragraph (1)(f), an applicant shall have either (

a) a degree in engineering or geoscience from a university pro- gram approved by the registration committee and at least 4 years of applicable work experience satisfactory to the regis- tration committee in the practice of engineering or geo- science 3 years of which shall be gained subsequent to the conferral of the degree; (

b) academic qualifications equivalent to a degree in engineer- ing or geoscience demonstrated by successful completion of the confirmatory examinations that may be required by the registration committee and at l east 4 years of applicable work experience satisfactory to the registration committee in the practice of engineering or geoscience subsequent to the attainment of those academic qualifications; or (

c) successfully completed the examinations that may be pre- scribed by the registration committee and have a total of at least 6 years of applicable work experience satisfactory to the registration committee in th e practice of engineering or geoscience, one year of which shall be obtained subsequent to successful completion of the prescribed examinations.

(3) The registration committee sh all waive the requirements for registration provided in paragraphs (1)(

d) and (1)(

f) and subsection (2) where

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 187 (

a) an applicant holds a registra tion and is in professional good standing with a registration authority; and (

b) the category of registration held by the applicant is recog- nized by the registration committee as equivalent to that of a professional engineer-unrestricted licence or professional geoscientist-unrestricted licence. 6.

(1) To be eligible for registra tion as a professional member - limited licensee, an app licant shall, in addition to other applicable re- quirements of the Act, the regulations and the by-laws, (

a) meet the requirements specified in paragraphs 5(1)(a), (b), (c), (d), and (e); and (

b) satisfy all academic and app licable experience requirements.

(2) In order to satisfy all academic and applicable experience requirements referred to in paragraph (1)(b), an applicant shall have either (

a) a science degree in a discipline and from a university pro- gram approved by the registration committee and at least 8 years applicable work experi ence in engineering or geo- science satisfactory to the registration committee; (

b) a degree or diploma in engineering technology or geoscience technology from an institution approved by the registration committee in a program approved by the registration com- mittee and at least 8 years app licable work experience in en- gineering or geoscience satisf actory to the registration com- mittee; or (

c) other academic qualificatio ns acceptable to the registration committee and at least 8 years applicable work experience in engineering or geoscience satisfactory to the registration committee.

(3) The registration committee may develop a policy for the waiver of the registration requirements for professional member-limited licensee provided in paragraphs 5(1)(

b) and (

d) and subsection (2), to be based on an assessment of whether a category of registration with a Registration as professional mem- ber - limited licen- see

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 188 registration authority is equivalent to that of professional member- limited licensee.

(4) Upon the development of the policy referred to in subsection (3) and the adoption of that policy by the board, the registration com- mittee may waive the requirements for registration as professional member-limited licensee provided in paragraphs 5(1)(

b) and (

d) and subsection (2) for applicants who meet the requirements set out in the policy. 7.

(1) The registration of a professional member shall expire annu- ally on December 31.

(2) The registrar shall annually renew the registration of a pro- fessional member who (

a) makes application for renewa l of registration in accordance with

section 3 including payment of required fees; (

b) is in professional good standing; (

c) meets the requirements of the professional development pro- gram established by the board; and (

d) continues to satisfy the applicable requirements of the Act, the regulations and the by-laws for eligibility for registration as a professional member.

(3) A professional member who has not met the requirements for registration renewal set out in subsection (2) before the expiry date provided in subsection (1) shall be considered not to be registered un- der the Act, starting from that expi ry date and continuing until the pro- fessional member meets the requirements for registration renewal.

(4) Notwithstanding subsections (2) and (3), a professional member who has not renewed his or her registration in two consecutive calendar years shall no longer have the right to apply for registration renewal, and shall be required to re-apply for eligibility for registration. 8.

(1) When a professional member is registered under the Act and the regulations, the registrar shall provide the professional member with a stamp or seal. Conditions for continuing registra- tion of professional members Control and use of a stamp and seals

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 189

(2) A stamp or seal issued to a professional member shall at all times remain under the direct control of the professional member and shall be applied by that professional member or by another person act- ing under that professional member's immediate and direct control, to all plans, specifications, reports or documents of a professional nature which that person has authored or which have been prepared under that person's supervision and for which that person assumes professional responsibility.

(3) A stamp or seal shall not be physically located in a manner that would allow its use by a person other than the professional member to whom it was issued or a person under that professional member's immediate and direct control.

(4) A stamp or seal shall be acco mpanied by the signature of the professional member to whom it was issued and the date on which it is applied.

(5) A stamp or seal may be applied to the cover page or final page of reports and specifications in a manner which clearly indicates acceptance of professional responsi bility for the reports and specifica- tions without being applied to each page.

(6) The stamp or seal referred to in subsection (1) shall remain the property of the association and sh all be surrendered to the associa- tion when demanded by the registrar.

PART II REGISTRATION OF PERMIT HOLDERS 9.

(1) To be eligible for registration as a permit holder, a sole pro- prietor shall, in addition to other applicable requirements of the Act, the regulations and the by-laws, (

a) make application for registration in accordance with

section 3 including payment of required fees; (

b) be a currently registered professional member in profes- sional good standing; (

c) satisfy the registration committ ee that all aspects of the prac- tice of the applicant in each di scipline of professional engi- Requirements for registration of permit holders

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 190 neering or professional geoscience are performed by the sole proprietor; and (

d) provide proof to the registrar of professional liability insur- ance coverage in the form and amount prescribed and pub- lished by the board.

(2) To be eligible for registra tion as a permit holder, a partner- ship, limited partnership or other association of persons or corporation shall, in addition to other applicable requirements of the Act, the regu- lations and the by-laws, (

a) make application for registration in accordance with

section 3 including payment of required fees; (

b) satisfy the registration committ ee that all aspects of the prac- tice in each discipline of profe ssional engineering or profes- sional geoscience of the applicant are directly supervised by a professional member who is (

i) a professional member in responsible charge, (ii) an employee of the partnership, limited partnership or other association of persons or corporation, and (iii) currently registered and in professional good standing; and (

c) provide proof to the registrar of professional liability insur- ance coverage in the form and amount prescribed and pub- lished by the board.

(3) The practice of professional engineering or geoscience of a permit holder shall be restricted to the discipline or disciplines speci- fied in the permit. 10.

(1) A permit holder shall keep the registrar advised at all times of the names of professional members who are in responsible charge and shall immediately notify the regi strar of changes, whether tempo- rary, indefinite or permanent, in the status of a professional member in responsible charge for the permit holder. Association to be kept informed

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 191

(2) The professional member in responsible charge shall, on relinquishing that responsibility whether temporarily, indefinitely or permanently, immediately notify the registrar to that effect. 11.

(1) The registration of a permit holder shall expire annually on December 31.

(2) The registrar shall annually renew the registration of a per- mit holder which (

a) makes application for renewa l of registration in accordance with

section 3 including payment of required fees; (

b) continues to meet the requirements of subsection 9(1) or (2); and (

c) continues to satisfy the applicable requirements of the Act, the regulations and the by-laws for eligibility for registration as a permit holder.

(3) A permit holder which has not met the requirements for reg- istration renewal set out in subsection (2) before the expiry date pro- vided in subsection (1) shall be considered to not be registered under the Act, starting from that expiry date and continuing until the permit holder meets the requirements for registration renewal. 12.

(1) When a permit is issued under the Act and the regulations, the registrar shall provide the permit holder with a stamp or seal.

(2) A permit holder shall inscribe the stamp or seal issued to the permit holder with the year for which the permit is valid.

(3) The stamp or seal issued to the permit holder shall be under the control of and only used by the professional member in responsible charge of the professional practice in which the permit holder is en- gaged.

(4) When the practice of professional engineering or geoscience is carried on by a permit holder, a ll plans, specifications, reports and documents shall (

a) in the case of a sole propri etorship, be signed by and sealed with the stamp or seal of the professional member who is the Conditions for continuing registra- tion of permit holders Control and use of stamps and seals

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 192 sole proprietor and who is responsible for and has supervised their preparation; (

b) in the case of a partnership, limited partnership or other as- sociation of persons or a corporation, be signed by and sealed with the stamp or seal of the professional member who is responsible for and has supervised their preparation; and (

c) in all cases, carry the permit holder stamp or seal issued to the permit holder.

(5) The stamp or seal referred to in subsection (1) shall remain the property of the association and sh all be surrendered to the associa- tion when demanded by the registrar.

PART III REGISTRATION OF MEMBERS-IN- TRAINING 13.

(1) An application to become re gistered as a member-in-training may be made by a person who has acquired the academic qualifications required for registration but who has not yet fulfilled other require- ments for registration as a professional engineer or professional geo- scientist.

(2) The academic qualifications of an applicant to become a member-in-training shall be appraised by the registration committee. 14. In order to be eligible for re gistration as a member-in-training, engineering, or a member-in-training , geosciences, an applicant shall, in addition to other applicable requirements of the Act, the regulations and the by-laws, (

a) make application for registration in accordance with

section 3 including payment of required fees; (

b) have demonstrated good charact er in the education, training, work experience and other matters applicable to entry into the profession; and (

c) satisfy the registration committee that he or she has the aca- demic qualifications referred to in

section 13. Qualifications Registration as a member-in-training

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 193 15. The registrar shall keep a regi ster of all members-in-training who are in good standing. 16.

(1) The registration of a member-in-training shall expire annu- ally on December 31.

(2) The registrar shall annually renew the registration of a mem- ber-in-training who (

a) makes application for renewa l of registration in accordance with

section 3 including payment of required fees; (

b) is in professional good standing; (

c) meets the requirements of the professional development pro- gram established by the board; and (

d) continues to satisfy the applicable requirements of the Act, the regulations and the by-laws for eligibility for registration as a member-in-training.

(3) A member-in-training who has not met the requirements for registration renewal set out in subsection (2) before the expiry date provided in subsection (1) shall be considered not to be registered un- der the Act, starting from that expiry date and continuing until the member-in-training meets the requirements for registration renewal.

(4) Notwithstanding subsections (2) and (3), a member-in- training who has not renewed his or her registration in two consecutive calendar years shall no longer have the right to apply for registration renewal, and shall be required to re-apply for eligibility for registration. 17. The registration committee may, upon notice, suspend or cancel the registration of a member-in-training for failure to comply with the Act, regulations or by-laws. 18.

A person shall not remain on the register as a member-in- training for a period of more than 6 years unless the registration com- mittee in its discretion extends that period. 19. A person shall not be registered as a member-in-training where at the time of application the applicant is qualified to become a profes- sional member. Register of mem- bers-in-training Conditions for continuing registra- tion of members-in- training Suspension or cancellation of registration Time limits Professionally qualified persons inadmissible

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 194

PART IV REGISTRATION OF EXAMINATION CANDIDATES 20. An applicant for registration as a professional member, who is required by the registration committee to take either confirmatory ex- aminations or examinations due to academic deficiencies, shall be reg- istered in the association as an examination candidate. 21. The registrar shall keep a regist er of the names of all examina- tion candidates in good standing. 22.

(1) The registration committee upon registration of an examina- tion candidate may establish an annual expiry date for that registration and that registration shall expire annually, without notice, where appli- cation for renewal is not made in the required form before the expiry date.

(2) The registration committee may, upon notice, suspend or cancel the registration of an examin ation candidate for failure to com- ply with the Act, regulations or by-laws.

(3) Notwithstanding subsections 22(1) and (2), the registrar may, upon notice, suspend or cancel the registration of an examination candidate for (

a) failure to pay a required fee; or (

b) failure to satisfy the conditions for writing examinations specified by the registration committee. 23. A person shall not remain on the register as an examination can- didate for more than 3 years.

PART V REGISTRATION COMMITTEE 24.

(1) The board shall establish a registration committee and ap- point members to the committee.

(2) The registration committee shall consist of (

a) not fewer than 5 professional members; and Registration as examination candi- date Register of exami- nation candidates Cancellation and suspension Time limit Registration com- mittee

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 195 (

b) those other persons that the board considers necessary.

(3) The executive committee of the registration committee shall consist of (

a) a chairperson, who shall al so serve as chairperson of the registration committee, appointed by the board from among the members of the registration committee; (b) 2 vice-chairpersons appointed by the board from among the members of the registration committee; and (

c) those other members of the registration committee that the executive committee considers n ecessary to consider spe- cific applications. 25.

(1) The executive committee of the registration committee and, where considered appropriate by the executive committee, the registra- tion committee shall appraise an application for registration as a profes- sional member, permit holder, member-in-training or examination can- didate which is received through the registrar.

(2) On considering an application submitted to it by the regis- trar, the registration committee or its executive committee may (

a) approve the registration of the applicant; (

b) not approve registration on the grounds that the applicant fails to meet one or more of the requirements for registration in the Act and the regulations; or (

c) defer approval until, in the case of an applicant as profes- sional member, the applicant has successfully completed one or more examinations or completed a further term and type of experience that the registration committee or its executive committee may require, or in the case of an applicant as pro- fessional member or a permit holder, the applicant has met one or more requirements for registration or has provided additional information required by the registration commit- tee or its executive committee.

(3) The registration committee may, with the approval of the board, delegate to the registrar the approval of applicants for registra- Action by registra- tion committee

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 196 tion in circumstances where the ev aluation of academic qualifications and experience requirements of applicants is not required. 26. The registration committee shall meet when necessary to con- sider applications for registration and at least twice annually to consider matters of policy, significant changes in procedure, examination results and other matters referred to it by its executive committee or the board. 27.

(1) The registrar shall send a written notice of a decision made by the registration committee, its ex ecutive committee or the registrar under this Part to the applicant.

(2) Where a decision is made to not approve or to defer registra- tion of the applicant, reasons for the decision shall be sent in writing to the applicant.

(3) Where a decision is made to approve the registration, the registrar shall publish a notice of approval in accordance with the by- laws.

(4) An applicant whose application for registration as a profes- sional member or permit holder has not been approved by the registra- tion committee may, within 30 days of receiving a notice of the deci- sion and the reasons for the decision , request the board to review the application by serving on the registrar a written request for review by the board setting out the reasons why, in his or her or its opinion, his or her or its registration as a professional member or permit holder should be approved.

(5) Notwithstanding subsection (4 ), where approval of an appli- cation has been deferred under paragraph 25(2)(c), the applicant shall have no right to request review of the application by the board.

(6) The board or a committee of the board, other than the regis- tration committee or a member of that committee, shall, after receipt of a request for review under this section, review the application.

(7) The applicant for registration (

a) shall be notified in writing by the board or committee of board of the place, date and time it shall consider the matter; and Terms of reference Review by the Board

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 197 (

b) is entitled to appear with counsel and make representations to the board or committee of board when it considers the matter.

(8) For purpose of hearing a review under this Part, a quorum of the board or committee of board shall be 3 members.

(9) On hearing a review under this section, the board or commit- tee of board may make a decision which the registration committee is authorized to make under this Part.

PART VI DISCIPLINE 28.

(1) Within 30 days of receipt of an allegation the respondent shall be notified in writing that an allegation has been received.

(2) A respondent shall have 30 days from the notification of the allegation to respond to the complainant’s allegation.

(3) Notwithstanding subsection (2), the complaints authorization committee, or a person appointed by the complaints authorization committee, may request and accept from a respondent a further reply to an allegation.

(4) The chairperson of the co mplaints authorization committee shall inform the respondent and the complainant within 120 days of receipt of the allegation whether th e committee intends to conduct an investigation of the allegation under

section 24 of the Act.

(5) Where the complaints authorization committee suspends the registration of a respondent under subsection 24(4) of the Act, the committee shall publish a notice of th e suspension in a newspaper of general circulation in or near the community where the respondent practices.

(6) In addition to the notice given under subsection (5) the committee may also give notice to th ose persons or by another means the committee considers appropriate. 29.

(1) Where the complaints authorization committee refers an allegation back to the registrar for mediation under paragraph 24(1)(

a) Filing of an allega- tion Mediation

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 198 of the Act, the registrar shall take the steps required for the mediation to take place.

(2) The complainant and the respondent must agree to partici- pate in the mediation and to accept the result.

(3) The mediator shall conduct the mediation in accordance with a mediation agreement acceptable to the complainant, the respondent and the complaints authorization committee.

(4) Where the complaints au thorization committee, the com- plainant and the respondent accept th e result of the mediation, the dis- ciplinary process is concluded.

(5) Where the complaints authorization committee does not ac- cept the result of the mediation, it may exercise one or more of the powers given it under

section 24 of the Act.

(6) Where a mediation has not been concluded within 3 months of its commencement or, where, during the 3 month period, the media- tor concludes there is no reasonable prospect that the mediation will be concluded satisfactorily, the mediator shall refer the allegation back to the complaints authorization committee and, in that case, the committee may exercise one or more of the powers given it under

section 24 of the Act.

(7) The association shall bear th e costs of the mediator and the place where the mediation is conduct ed, and the complainant and the respondent shall bear their costs. 30. An adjudication tribunal shall be appointed within 30 days of the receipt of the charges by the disciplinary panel. 31.

(1) An adjudication tribunal shall set a hearing date at the later of (a) 120 days after the decision of the complaints authorization committee that grounds exist to start a disciplinary proceed- ing; or (b) 90 days after the complaint is referred to the disciplinary panel. Appointment of an adjudication tribu- nal Adjudication tribu- nal hearing date

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 199

(2) The chairperson of the ad judication tribunal may extend a period referred to in subsection (1) after first seeking the opinions of the respondent and the board regarding the extension. 32. The written decision and orders of an adjudication tribunal shall be provided to the board and the respondent within 90 days of the com- pletion of the hearing of the complaint by the adjudication tribunal.

PART VII GENERAL 33.

(1) The registration of a professional member, permit holder or member-in-training who is in default of payment of required fees for renewal of registration, or who has not met another requirement for annual renewal of registration, shall expire on the date of the annual expiry of the registration.

(2) The registration of a professional member, permit holder or member-in-training who is in default of payment of required fees, dues or levies, other than required fees for renewal of registration, may be cancelled after the expiration of 30 days following personal service or service by certified mail on the professional member, limited licensee, permit holder or member-in-training of a written notice by the Registrar under this

section unless the person on whom the notice is served com- plies with the notice.

(3) A notice under subsection (2) shall state that the registrar may cancel the registration or revoke the permit, without further notice, unless the fees, dues or levies are paid as indicated in the notice.

(4) The board or the registratio n committee may direct the regis- trar to cancel a registration or revoke a permit which was entered or issued in error.

(5) The registration of a professional member, permit holder, member-in-training or examinati on candidate under the Act and the regulations may, on notice, be suspended, cancelled or its renewal withheld by the board or the registration committee for failure of the professional member, the permit holder, the professional member in responsible charge of a permit holder, member-in-training or examina- tion candidate to meet the requirements set out in the Act or the regula- tions for continuing registration. Decision of the adjudication tribu- nal Expiry and cancel- lation of registration

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 200

(6) The registrar, upon direction from the board, may give no- tice to the profession and to the public of an action taken under this section. 34.

(1) A professional member or member in training shall comply with the requirements of the association's professional development program policies established by the board.

(2) The registrar shall cancel th e registration of a professional member or member in training who fails to comply with subsection (1).

(3) Notwithstanding subsections (1) and (2), a professional member who files with the association a declaration in writing stating that that person is not actively engaged in the practice of a profession is exempt from the requirements of subsection (1).

(4) Notwithstanding subsections (1) and (2), the board may, in the association's professional development program policies, establish circumstances other than those set out in subsection (3) under which a professional member or member in training would be exempt from the requirements of subsection (1).

(5) An exemption under this

section is only effective for the calendar year in which a declaration is filed under subsection (3) or an exemption granted under subsection (4) but may be renewed annually by the registrar for additional yearly periods where renewal is in accor- dance with the professional development program policies established by the board.

(6) A professional member shall not engage in the practice of a profession while an exemption under this

section is in effect.

(7) A professional member who has been exempted from the requirements of the association's professional development program policies under this section, and who intends to resume the practice of the profession (

a) shall before resuming practice notify the registrar in writing of that intention; (

b) shall be notified by the registrar in writing of whether the professional member shall comply with conditions to resume Development pro- gram required

Engineers and Geoscientists Regulations, 2011 43/11 The Newfoundland and Labrador Gazette May 6, 2011 201 practice within 30 days of the registrar receiving the notice given under paragraph (a); and (

c) shall not resume practice until receiving notice from the reg- istrar of whether conditions a pply to the resumption of prac- tice under paragraph (b), and where conditions do apply, shall only resume practice in accordance with those condi- tions. 35. Where reference is made to the registrar in these regulations, and where the registrar is temporarily unable to fulfil the functions con- templated by these regulations due to illness or other reason, those functions may be carried out by another person designated by the board. 36. The association may issue newsletters, guides, statements of policies and standards, and other publications for the purpose of (

a) promoting high standards of professional services and ade- quate remuneration for those services and for the mainte- nance and improvement of the competence of members; (

b) outlining the scope of professional services which shall de- fine for clients the services to be expected from a consulting engineer or geoscientist; (

c) assisting clients in the selection of professional engineers and geoscientists for professional services; and (

d) informing and generally notifying members on the affairs of the association and the profession generally. 37. The Engineers and Geoscientists Regulations , Consolidated Newfoundland and Labrador Regulation 1107/96, are repealed. ©William E. Parsons, Queen's Printer Substitution for registrar Association publi- cations Repeal

The Newfoundland and Labrador Gazette May 6, 2011 203 NEWFOUNDLAND AND LABRADOR REGULATION 44/11 Proclamation bringing Act into force (SNL 2006 cH-1.2) (in force July 1, 2011) under the Health Research Ethics Authority Act (O.C. 2011-109) (Filed May 3, 2011) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JOHN C. CROSBIE Lieutenant Governor FELIX COLLINS Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 30 of “

An Act to Establish a Health Research Ethics Authority for the Province ”, SNL2006 cH-1.2 (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now come into force. NOW KNOW YE, THAT WE, by and with the advice of Our Execu- tive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation direct that “

An Act to Establish a Health Re- search Ethics Authority for the Province ”, SNL2006 cH-1.2, shall come into force on July 1, 2011 OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

The Newfoundland and Labrador Gazette May 6, 2011 204 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable John Carnell Crosbie, Member of the, Privy Council of Canada, Officer of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, and one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St.

John's this 26th day of April in the year of Our Lord two thousand and eleven in the sixtieth year of Our Reign. BY COMMAND, KEVIN O’BRIEN Registrar General

The Newfoundland and Labrador Gazette May 6, 2011 205 NEWFOUNDLAND AND LABRADOR REGULATION 45/11 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed May 3, 2011) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules. Dated at St. John’s, April 21, 2011. Darlene Wells Senior Deputy Registrar of the Supreme Court Secretary, Rules Committee REGULATIONS Analysis 1. Rule 55.04 R&S Party and party costs 2. Rule 55.34 Amdt. Special allowances 3. Rule 55 Appendix R&S 4. Commencement 1.

(1) Rule 55.04 of the Rules of the Supreme Court, 1986 is repealed and the following substituted: 55.04.

(1) Unless otherwise ordered, the costs between parties shall be determined by a taxing officer accord ing to Column 1 of the Scale of Costs in the Appendix to this Rule, where Party and party costs

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 206 (

a) default judgment is entered in a claim for a liquidated de- mand only, under rule 16.01(2)(a); or (

b) an uncontested order is entered under Rule 56A.

(2) Where paragraph (1) does not apply, the costs between par- ties, unless otherwise ordered, shall be determined by a taxing officer according to Column 3 of the Scale of Costs in the Appendix to this Rule.

(3) The Court may award costs to be taxed in accordance with any column or combination of column s under the Scale of Costs in the Appendix to this Rule.

(4) In exercising its discretion under this Rule, the Court may consider (

a) the amounts claimed and the amounts recovered; (

b) the importance of the issues; (

c) the complexity, difficulty or novelty of the issues; (

d) the manner in which the proceeding was conducted, includ- ing any conduct that tended to shorten or unnecessarily lengthen the duration of the proceeding; (

e) the failure by a party to admit anything that should have been admitted; (

f) the proportion of the services rendered prior to the date the amendment to this paragraph introducing a Scale of Costs where costs are taxed according to a column or combination of columns came into force; (

g) seniority at the bar of counsel; and (

h) any other relevant matter.

(5) A taxing officer may (

a) disallow individual items in a bill of costs; and

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 207 (

b) allow an item of costs not provided for, either expressly or by implication, by the Scale of Costs in the Appendix to this Rule.

(6) Where a service provided in an appeal to th e Court of Ap- peal is not listed in the Appendix to this Rule under "F. Appeals to the Court of Appeal ", costs of that service shall be determined in accor- dance with the other provisions of this Rule with the necessary changes.

(7) This rule applies to orders for costs made on or after July 1, 2011. 2. Rules 55.34(1), (3), (7) and (8) of the rules are repealed. 3. The Appendix to Rule 55 of the rules is repealed and the following substituted: Appendix Scale of Costs (Rule 55) I. General 1. A party seeking an assessment of costs shall prepare a bill of costs, indicating the service, the co lumn and the number of units, and where the service is based on days or half days, shall indicate the num- ber of days or half days. 2. A bill of costs may include a list of disbursements, which shall be verified by invoice or by affidavit. 3. In this Scale of Costs: (

a) a "day" or "half day" includes a part thereof; and (

b) where services are provided more than once for the same listed item, for example, attendance on more than one ex- amination for discovery, the services for each item on each occasion may be assessed separately in a bill of costs.

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 208 4. The total value of services allowed shall be calculated by the taxing officer by multiplying the total number of units by the unit value in effect on the date of the assessment. 5. The unit value is $100.00 effective on the day this revised Scale of Costs in which costs are taxed according to a column or combination of columns came into force. 6. The unit value may be adjusted by amendment of this Rule. II. Services Services Number of Units Column 1 Column 2 Column 3 Column 4 Column 5 A.

Originating documents and other pleadings 1. Preparation and filing of statement of claim, origi- nating application, petition, or other originating document 1. 1.5 2.0 2.5 3.0 2. Preparation and filing of defence, counterclaim, third party notice including statement of claim, de- fence to third party pro ceeding, answer to petition including counter petition, response or reply under Rule 56A or any other pleading required by law 1.0 1.5 2.0 2.5 3.0 3. Preparation and filing of a financial statement or property statement under Rule 56A 1.0 1.5 2.0 2.5 3.0 4.

Preparation and filing of amendment to any plead- ing 0.5 0.75 1.0 1.25 1.5 B. Applications 5. Preparation and filing of interlocutory application 1.0 1.5 2.0 2.5 3.0 6. Preparation and filing of affidavit 1.0 1.5 2.0 2.5 3.0 7. Preparation of memorandum of authorities 1.0 1.5 2.0 2.5 3.0 8. Preparation of memorandum of fact and law for application 2.0 3.0 4.0 5.0 6.0 9. Counsel fee on uncontested application 1.0 1.5 2.0 2.5 3.0 10. Counsel fee on contested application, per half day 2.5 5.0 8.5 11.5 15.0

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 209 Services Number of Units Column 1 Column 2 Column 3 Column 4 Column 5 C. Discovery and Examinations 11. Preparation and filing list of documents 1.0 1.5 2.0 2.5 3.0 12. Preparation of demand for particulars, interrogato- ries, notice to disclose under Rule 56A, notice to reply to written questions under Rule 56A or simi- lar documents 1.0 1.5 2.0 2.5 3.0 13.

Preparation of reply to demand for particulars, answer to interrogatories, answer to notice to dis- close under Rule 56A, answer to notice to reply to written questions under Rule 56A or similar documents 1.0 1.5 2.0 2.5 3.0 14. Preparation for and a ttendance at examination for discovery or similar procedure for the purpose of production or inspection of documents 0.5 0.75 1.0 1.25 1.5 15. Preparation for and a ttendance at examination for discovery, or similar procedure, per half day 2.0 3.0 4.0 5.0 6.0 D. Pre-Trial and Pre-Hearing Procedures 16.

Preparation of brief fo r pre-trial conference, set- tlement conference, mini-trial, Court ordered me- diation, case management meeting or similar con- ference 2.0 3.0 4.0 5.0 6.0 17. Preparation for and atte ndance at pre-trial confer- ence, settlement conference, mini-trial, Court or- dered mediation, case management meeting, sum- mary judgment hearing under Rule 56A, judicial case conference under Rule 56A or similar con- ference, per half day 2.0 3.0 4.0 5.0 6.0 18. Attendance at case management meeting under Rule 56A or trial readiness inquiry under Rule 56A 0.25 0.35 0.5 1.0 1.5 E.

Trial or Appeal Hearing in the Trial Division or Hearing under Rule 56A 19. Preparation of trial brief and when directed by the Court, written argument 2.0 3.0 4.0 5.0 6.0

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 210 Services Number of Units Column 1 Column 2 Column 3 Column 4 Column 5 2 0 . C o u n s e l f e e (

a) first counsel, first day 7.5 15.0 25.0 35.0 45.0 (

b) first counsel, second and subsequent days 3.75 7.5 12.5 17.5 22.5 (

c) additional counsel, where the Court approves, first day 5.0 10.0 17.0 23.0 30.0 (

d) additional counsel, where the Court approves, second and subsequent days 2.5 5.0 8.5 11.5 15.0 F. Appeals to the Court of Appeal 21. Preparation and filing of notice of appeal or cross appeal 1.0 1.5 2.0 2.5 3.0 22. Applications in the Court of Appeal (

a) Preparation and filing application 1.0 1.5 2.0 2.5 3.0 (

b) Preparation and filing of affidavit 1.0 1.5 2.0 2.5 3.0 (

c) Preparation of memorandum of fact and law for application 2.0 3.0 4.0 5.0 6.0 (

d) Counsel fee on uncontested application 1.0 1.5 2.0 2.5 3.0 (

e) Counsel fee on contested application, per half day 2.5 5.0 8.5 11.5 15.0 23. Preparation and filing of appeal book 1.0 1.5 2.0 2.5 3.0 24. Preparation of factum for appeal hearing 2.0 3.0 4.0 5.0 6.0 25. Preparation for and attendance at prehearing con- ference or similar conference, per half day 1.5 2.25 3.0 3.75 4.5 26. Counsel fee on hearing of appeal: (

a) first counsel, first day 7.5 15.0 25.0 35.0 45.0 (

b) first counsel, second and subsequent days 3.75 7.5 12.5 17.5 22.5 (

c) additional counsel, where the Court approves, first day 5.0 10.0 17.0 23.0 30.0

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 211 Services Number of Units Column 1 Column 2 Column 3 Column 4 Column 5 (

d) additional counsel, where the Court approves, second and subsequent days 2.5 5.0 8.5 11.5 15.0 G. Miscellaneous 27. Where the Court approve s, counsel fee for travel by counsel exceeding 40 kilometres one way from the counsel’s ordinary place of business for return travel to attend any appeal, trial, hearing, applica- tion, examination, confer ence or similar proceed- ing 1.0 1.5 2.0 2.5 3.0 28. Preparation of order 0.5 0.75 1.0 1.25 1.5 29. Preparation of bill of costs 0.5 0.75 1.0 1.25 1.5 30. Attendance on taxation, per half day 0.5 0.75 1.0 1.25 1.5 III. Witnesses 1.

In order to compel the attendance of a witness by subpoena, notice of examination or similar process there shall be paid to each witness, in advance of the attendance of that witness, the following: (

a) a fee of $100.00 if the witne ss is to testify as an expert wit- ness or to testify in relation to matters pertaining to his or her profession, trade or calling and $50.00 in every other case; (

b) the estimated reasonable tr avel expenses, including meals and lodging, where the necessity of same may be reasonably anticipated; and (

c) the estimated fee to testify, including costs of preparing to testify, upon request by the witn ess, if the witness is to tes- tify as an expert witness or to testify in relation to matters pertaining to his or her profession, trade or calling, subject to direction by the Court.

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 212 2. In addition to the sum payable to a witness under paragraph (1)(

a) above, should a witness be required to attend beyond one day, there shall be paid to each witness for each additional day or part day of required attendance a fee of $100.00 per day if the witness testifies as an expert witness or in matters pertaining to his or her profession, trade or calling and $50.00 in every other case. 3. In addition to the sum payable to a witness in paragraph (1)(

b) above, a witness shall also be paid the difference between the sum paid under paragraph (1)(

b) and the actual reasonable travel expenses, in- cluding meals and lodging, to attend the proceeding. 4. In addition to the sum payable to a witness in paragraph (1)(

c) above, a witness shall be paid th e difference between the sum paid under paragraph (1)(

c) and the actual fee to testify, including costs of preparing to testify, subject to direction by the Court. 5. Paragraphs 1(a), 1(c), 2 and 4 do not apply to a party who testi- fies on his or her own behalf. 6. Paragraphs 1(c), 2 and 4 do not apply to a person who testifies on behalf of a party at a time when that person is employed by that party on matters relating to such employment. 7. Where the provisions of this Rule conflict with the Interprovin- cial Subpoena Act, the latter shall prevail. IV. Examiners 1.

Fee chargeable for attending on examination for discovery or other examination, per hour: 0.75 units V. Masters and Taxing Officers 1. Fee chargeable by Masters in examination, taxation or other work, per hour: 2.5 units 2. Fee chargeable by Taxing Of ficers (other than Masters) for taxing a bill of costs: 0.15 units VI. Commissioners

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 213 1. Fee chargeable on taking a recognizance or bond, whether one or more recognizor or obligor, and whether entered into by all at one time or not: 0.5 units 2. Fee chargeable for every oath, affidavit, declaration, affirmation or attestation: 0.5 units 3. Fee chargeable for every ac knowledgment and certificate of same: 0.5 units 4. Fee chargeable for issuing a Statement of Claim: 0.5 units 5.

In the case of Commissioners outside Newfoundland and Lab- rador, the taxing officer shall allow such fees as the taxing officer may consider reasonable. VII. Court Fees 1. Actual fees VIII. Other 1. Disbursements, including: (

a) cost of service of documents; (

b) cost of expert reports; (

c) fees charged by mediators, and third party expenses in- curred, for Court ordered mediation; (

d) fees and expenses charged by interpreters; (

e) copies at $0.25 per printed page; (

f) cost of transcription serv ices and copies of transcript; (

g) costs of electronic confer encing, including teleconference and video conference; (

h) cost of electronic filing and electronic discovery;

Rules of the Supreme Court, 1986 (Amendment) 45/11 The Newfoundland and Labrador Gazette May 6, 2011 214 (

i) reasonable travel expenses of counsel, including meals and lodging, where counsel fee is allowed under

Part II, item 27; and (

j) other reasonable disbursements. 2. Law Society Levy 3. HST as applicable 4. These rules come into force on July 1, 2011. ©William E. Parsons, Queen's Printer Commencement

The Newfoundland and Labrador Gazette May 6, 2011 215 NEWFOUNDLAND AND LABRADOR REGULATION 36/11 - REPRINT Mining and Mineral Rights Tax Regulations, 2003 (Amendment) under the Revenue Administration Act (O.C. 2011-076) (Filed March 30, 2011) Under the authority of

section 110 of the Revenue Administration Act, the Lieutenant-Governor in Council makes the following regula- tions. Dated at St. John’s, March 22, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.8 Amdt. Interest on sum due 2. Commencement 1. Subsection 8(1) of the Mining and Mineral Rights Tax Regu- lations, 2003 is repealed and the following substituted: 8.

(1) Interest shall be levied upon a sum due to the Crown under the Act and these regulations at a rate of 1.2% compounded each month NLR 19/03 Interest on sum due

Mining and Mineral Rights Tax Regulations, 2003 (Amendment) 36/11 The Newfoundland and Labrador Gazette May 6, 2011 216 or part of a month from the date the sum is required to be paid to the date of payment. 2. This regulation shall be co nsidered to have come into force on March 7, 2003. ©William E. Parsons, Queen's Printer (Reprint due to error in commencement date) Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 6, 2011 217 Index

PART I Mineral Act– Notice ............................................................................................................ ......................................................... 157 Quieting of Titles Act– Notice................................................................................................. ..................................................... 159 Trustee Act– Notice............................................................................................................ .......................................................... 162 Urban and Rural Planning Act, 2000 – Notices ................................................................................... ......................................... 159

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.

Engineers and Geoscientists Act, 2008 Engineers and Geoscientist NLR 43/11 R & S May 6/11 p. 181 Regulations, 2011 CNLR 1107/96 Health Research Ethics Authority Act Proclamation bringing NLR 44/11 New May 6/11 p. 203 Act into force (In force July 1, 2011) Judicature Act Rules of the Supreme NLR 45/11 Rule Ss.04 R&S May 6/11 p. 205 Court, 1986 (Amdt.) Rule Ss.34 Amdt (July 1, 2011) Rule Ss Appendix R & S Revenue Administration Act Mining and Mineral Rights NLR 36/11 Reprint May 6/11 p. 215 Tax Regulations, 2003 Original publication (Amdt.) April 1, 2011

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 6, 2011 218 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.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2011-05-06
Type	gazette
Volume / chapter	printer gazette weekly issues 2011 nlg110506
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	911f9c9b30cb6dba398ae0db73f3b729ebb3cad4

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