Newfoundland and Labrador Gazette, Part II — 28 March 2013, Vol. 88, No. 13 — Regulations NLR 90/07

NLG 2013-03-28

Newfoundland and Labrador — Gazette

113 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 88 ST. JOHN’S, THURSDAY, MARCH 28, 2013 No. 13 PROCLAMATION 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. FRANK F. FAGAN PAUL NOBLE Lieutenant Governor Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS the Forty-Seventh General Assembly stands prorogued; AND

WHEREAS I think fit to summon the Second Session of the said General Assembly to meet on Monday, the 25 th day of March, 2013; I DO, THEREFORE, by this My Proclamation summon th e Second Session of the said General Assembly to meet for the dispatch of business at 2:00 p.m. on Monday, the 25 th day of March, 2013 of which all persons concerned are hereby required to take due notice and govern themselves accordingly. NOTE: Attached to the end of

Part II is a revised list of Statutes of Newfoundland and Labrador, 2013 as enacted up to March 21, 2013.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2013 114 WITNESS: Our trusty and well-beloved the Honourable Frank F. Fagan, A Member of the Order of Canada, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 25th day of March in the year of Our Lord two thousand and thirteen in the sixty second year of Our Reign.

BY COMMAND, KEVIN O’BRIEN REGISTRAR GENERAL Mar 28 JUDICATURE ACT Rules of the Supreme Court, 1986 REPEAL OF PRACTICE NOTE DATE ISSUED: March 15, 2013 RULES AFFECTED: n/a EFFECTIVE DATE: Upon Publication PREVIOUS PRACTICE NOTES REVISED: Practice Note (not numbered) titled “Transcripts of Civil Proceedings”, dated December 22, 1995, repealed Background 1. The fees set out in the Practice Note titled “Transcripts of Civil Proceedings” have been superseded by the fees set out in the Supreme Court Fees Regulations, NLR 90/07, as amended, thus requiring repeal of the Practice Note. Repeal 2.

The Practice Note (not numbered) titled “Transcript of Civil Proceedings” and dated December 22, 1995, is hereby repealed. AUTHORIZED BY: DAVID B. ORSBORN Chief Justice, Trial Division Supreme Court of Newfoundland and Labrador DARLENE WELLS for the Registrar Supreme Court of Newfoundland and Labrador Mar 28

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2013 115 Rules of the Supreme Court, 1986 PRACTICE NOTE PN (TD) No. 2013-01 DATE ISSUED: March 15, 2013 RULES AFFECTED: n/a EFFECTIVE DATE: Upon Publication PREVIOUS PRACTICE NOTES REVISED: Practice Note (not numbered and not titled) on affixing the seal of the court, dated October 17, 1988, repealed and substituted The following Practice Note was filed with the Registrar, as Secretary of the Rules Committee of the Trial Division, and is published pursuant to rule 4.04 of the Rules of the Supreme Court, 1986: AFFIXING COURT SEAL Background 1.

The fees contained in th e untitled Practice Note on affixing the c ourt seal, dated October 17, 1988, have been superseded by the fees set out in the Supreme Court Fees Regulations, NLR 90/07. 2. As a consequence, the untitled Practice Note on affixing the court seal, dated October 17, 1988, is repealed and the following substituted: Practice Note 3. All documents that are issued out of the Supreme Court, Trial Division are to ha ve the Seal of the Court affixed. The fees to be charged are set out in the Supreme Court Fees Regulations , NLR 90/07, as amended .

There will be no charge for issuing documents in criminal cases. AUTHORIZED BY: DAVID B. ORSBORN Chief Justice, Trial Division Supreme Court of Newfoundland and Labrador DARLENE WELLS for the Registrar Supreme Court of Newfoundland and Labrador Mar 28 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION PROTECTED ROAD ZONING PLAN TRANS CANADA HIGHWAY – CHANNEL- PORT AUX BASQUES TO CORNER BROOK AMENDMENT NO. 2, 2012 TAKE NOTICE that Amendment No. 2, 2012 to the Protected Road Zoning Plan Trans Canada Highway Channel-Port Aux Basques to Corner Brook has been registered by the Department of Municipal Affairs.

In general terms, the purpos e of the amendment is to recognize existing and proposed development as follows: Re-zone are area west of Pinchgut Lake from “Rural Conservation” to “Cottage” and “Highway Commercial” Re-zone areas in the Codroy Valley: - from “Rural Conservation” to “Mixed” - from “Highway Commercial” to “Mixed” - from “Rural Conservation” to “Cottage” - from “Rural Conservation” to “Highway Commercial” - from “Rural Conservation” to “Buffer” This amendment comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2013 116 amendment may do so by contacting the Department of Municipal Affairs. DEPARTMENT OF MUNICIPAL AFFAIRS Corrie Davis, MCIP, Land Use Planning Mar 28 NOTICE OF REGISTRATION TOWN OF HAPPY VALLEY-GOOSE BAY DEVELOPMENT REGULATIONS 2008 – 2018, AMENDMENT NO. 5, 2013 TAKE NOTICE that the TOWN OF HAPPY VALLEY- GOOSE BAY Development Regulations 2008-2018 Amendment No. 5, 2013 approved on February 26 th, 2013 has been registered by the Minister of Municipal Affairs.

In general terms, Developm ent Regulations Amendment No. 5, 2013 is a text amendment to add “animal” to the discretionary use class of the Industrial Commercial Northside (IC-NS) land use zone. The HAPPY VALLEY-GOOSE BAY Development Regulations 2008-2018 Amendment No. 5, 2013 came into effect on the day this notice was published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of this amendment may do so at the Town Office of the TOWN OF HAPPY VALLEY-GOOSE BAY, 212 Hamilton River Road, Monday to Friday during normal business hours.

TOWN OF HAPPY VALLEY-GOOSE BAY Wyman Jacque, Town Manager Mar 28 NOTICE TOWN OF STEPHENVILLE RESCISSION OF TOWN OF STEPHENVILLE TAXI REGULATIONS 1997 At the Regular General Meeting of March 21 st, 2013, by Motion No. 13-68, the Council of the TOWN OF STEPHENVILLE rescinded the Town of Stephenville Taxi Regulations 1997 and all amendm ent thereto, effective the date of publication of this notice in The Newfoundland and Labrador Gazette.

TOWN OF STEPHENVILLE Carolyn Lidstone, Town Clerk P.O. # 80023577 Mar 28 LANDS ACT NOTICE OF INTENT Lands Act, c36, SNL 1991, as amended NOTICE IS HEREBY given that ROGER HYNES of Rocky Harbour, NL intends to apply to the Department of Environment and Conservation, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) (

e) of the said Act, to that piece of Crown land situated within fifteen (15) metres of the waters of Neddies Waters in the Electoral District of St. Barbe for the purpose of a boat house and wharves wharf and being more particularly described as follows: Bounded on the North by Crown Land for a distance of 30 metres; Bounded on the East by Private Land for a distance of 50 metres; Bounded on the South by Private Land for a distance of 30 metres; Bounded on the West by Neddies Harbour for a distance of 50 metres; and containing an area of approximately 1500 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this Notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: c/o Eastern Regional Lands Office, P.O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P.O. Box 2222, Gander, NL, A1V 1L7. c/o Western Regional Lands O ffice, P.O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0.

For further information on the proposed application, please contact: ROGER HYNES, Telephone number: (709) 458-2113. Mar 28 NOTICE OF INTENT Lands Act, c36, SNL 1991, as amended NOTICE IS HEREBY given that MICHAEL JORDON of Trinity East, NL intends to apply to the Department of Environment and Conservation, two months from the publication of this notice, to acquire title, pursuant to

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2013 117

Section 7(2) (

e) of the said Act, to that piece of Crown land situated within fifteen (15) metres of the waters of Trinity Bay in the Electoral District of Trinity North for the purpose of a wharf and being mo re particularly described as follows: Bounded on the North by a Road for a distance of 10 metres; Bounded on the East by Crown Land for a distance of 12 metres; Bounded on the South by Waters of Trinity Bay for a distance of 10 metres; Bounded on the West by property of Frazer Cooper for a distance of 12 metres; and containing an area of approximately 120 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this Notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: c/o Eastern Regional Lands Office, P.O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P.O. Box 2222, Gander, NL, A1V 1L7. c/o Western Regional Lands O ffice, P.O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0.

For further information on the proposed application, please contact: MICHAEL JORDON, Telephone number: (709) 464-2274. Mar 28 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE of ALICE BROWN, late of the Town of Stephenville Crossing, in the Province of Newfoundland and Labrador, deceased: January 21st, 2013.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of ALICE BROWN, late of the Town of Stephenville Crossing, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 26 th day of April, 2013, after which date the said Executor will proceed to distribute the said Estate havi ng regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newfoundland and Labrador, this 21st day of March, 2013. 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 Tel: (709) 643-6436 Fax: (709) 643-9343 Mar 28 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late ELIZABETH MARY KELLY of the Town of Gambo, in the Province of Newfoundland and Labrador, Retired Person, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of ELIZABETH MARY KELLY, the aforesaid deceased, who died at Town of Gander, in the Province of Newfoundland and Labrador on or about the 9 th day of August, 2005, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 12 th day of April, 2013 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 19th day of March, 2013. BONNELL LAW R. Archibald Bonnell Solicitor for the Executor ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Mar 28 & Apr 5

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 88 ST. JOHN’S, THURSDAY, MARCH 28, 2013 No. 13 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 36/13 NLR 37/13 NLR 38/13 NLR 39/13 NLR 40/13 NLR 41/13

The Newfoundland and Labrador Gazette March 28, 2013 175 NEWFOUNDLAND AND LABRADOR REGULATION 36/13 Student Financial Assistance Regulations (Amendment) under the Student Financial Assistance Act (O.C. 2013-059) (Filed March 27, 2013) Under the authority of

section 16 of the Student Financial Assis- tance Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, March 20, 2013. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.4 Amdt. Amount of financial assis- tance 2. S.5 R&S Granting of financial assis- tance 3. S.5.2 Amdt. Payment free status 4. S.5.3 Amdt. Rules respecting payment free status 5. S.5.6 R&S Amendment to prevent de- fault 6. S.5.7 R&S Student loan default 7. S.5.8 Amdt. Consolidation and repay- ment 8. S.5.09 Added Repayment 9. S.7 Amdt. Debt reduction calculation 10. S.9 Amdt. Early childhood education grants 11. Commencement

Student Financial Assistance Regulations (Amendment) 36/13 The Newfoundland and Labrador Gazette March 28, 2013 176 1. Subsection 4(1) of the Student Financial Assistance Regula- tions is repealed and the following substituted: 4.

(1) Financial assistance shall not be issued in an amount that is less than $67.

Section 5 of the regulations is repealed and the following substituted: 5.

(1) A person to whom a notice of financial assistance has been issued shall (

a) be enrolled as a full time student as confirmed by an official of the educational institution; (

b) sign a student loan agreemen t in which he or she agrees to repay his or her student loan in accordance with the terms and conditions of that agreement and these regulations; (

c) submit the completed student loan agreement to the corpora- tion or service provider before the last day of the month of his or her period of study end date; and (

d) sign those consents, authori zations and certificates that the minister may require.

(2) Where a person complies with subsection (1), the corpora- tion shall issue financial assistance to that person in the amount set out in the notice of financial assistance. 3.

(1) Subsection 5.2(1) of the regulations is repealed and the following substituted: 5.2

(1) Where a student loan is issu ed to a borrower , that student loan has payment free status during the period (

a) commencing on the period of study start date as confirmed by his or her educational institution; and (

b) ending 6 months after the last day of the month of the bor- rower's period of study end date as confirmed by his or her educational institution. NLR 105/03 as amended Amount of financial assistance Granting of finan- cial assistance Payment free status

Student Financial Assistance Regulations (Amendment) 36/13 The Newfoundland and Labrador Gazette March 28, 2013 177

(2) Section 5.2 of the Act is amended by adding immediately after subsection (2) the following:

(2.1) Payments are not required on a student loan until the last day of the (

a) seventh month after the last day of the borrower’s period of study end date as confirmed by his or her educational institu- tion; or (

b) first month after payment free status under subsection (6) or (10) ended. 4. Subsection 5.3(4) of the regulations is repealed and the fol- lowing substituted:

(4) Notwithstanding that the last day of the month of the period of study end date as confirmed by his or her educational institution has been reached, the student loan to which it applied retains its payment free status during the period between the previous period of study end date and the last day of the month of the next period of study end date as confirmed by his or her educational institution where (

a) the period between the last day of the month of the previous period of study end date and next period of study start date as confirmed by his or her educational institution is less than 6 months; and (

b) that borrower delivers his or her confirmation of enrolment to the minister within the 6 month period referred to in para- graph (a).

Section 5.6 of the regulati ons is repealed and the following substituted: 5.6 A lender and a borrower may amend the terms of repayment if the borrower notifies the lender that the terms of repayment are such that he or she will be in default and if the lender considers that an amendment will enable the borrower to meet his or her obligations.

Section 5.7 of the regulati ons is repealed and the following substituted: Amendment to prevent default Student loan default

Student Financial Assistance Regulations (Amendment) 36/13 The Newfoundland and Labrador Gazette March 28, 2013 178 5.7

(1) A borrower is in default of his or her obligation to repay a student loan if (

a) he or she refuses to repay all or part of that loan; (

b) he or she does not make a regularly scheduled payment and the failure to make the required payment continues for 2 months; or (

c) the borrower becomes subject to or takes advantage of a law relating to bankruptcy and insolvency or seeks relief under a provincial law relating to the orderly payment of debts that includes a student loan.

(2) Where a borrower is in default of his or her obligation to repay all or part of his or her student loan, the loan is due and payable on the following dates: (

a) if the default occurs becaus e the borrower refuses to repay all or part of his or her student loan, on the date of the re- fusal; (

b) if the default occurs becau se the borrower does not make a regularly scheduled payment to repay his or her student loan, on the day on which a regularly scheduled payment has been outstanding for 2 consecutive months; or (

c) the date on which the borrower becomes subject to or takes advantage of a law relating to bankruptcy or insolvency or seeks relief under a provincial law relating to the orderly payment of debts that includes a student loan.

Section 5.8 of the regulatio ns is amended by adding immedi- ately after subsection (3) the following:

(4) This

section does not apply to a borrower who enters into a student loan agreement with the corporation after July 31, 2012. 8. The regulations are amende d by adding immediately after

section 5.8 the following: 5.09 A borrower who enters into a student loan agreement with the corporation after July 31, 2012 shall, within 6 months after ceasing to Repayment

Student Financial Assistance Regulations (Amendment) 36/13 The Newfoundland and Labrador Gazette March 28, 2013 179 be a full time student, discharge all outstanding student loans of that borrower in accordance with the repayment terms established by the lender. 9. Subsection 7(3) of the regulations is repealed and the follow- ing substituted:

(3) Where a borrower entered in to a student loan agreement on or before July 31, 2012, a grant to a borrower shall not exceed the prin- cipal amount of his or her student loan at the time of its consolidation.

(3.1) Where a borrower entered into a student loan agreement with the corporation after July 31, 2 012, a grant to a borrower shall not exceed the principal amount of his or her student loan at the time the repayment terms are established by the lender. 10. (1) Paragraph 9(1)(

d) of the regulations is repealed and the following substituted: (

d) is employed as an early childhood educator, at the time (

i) of its consolidation, wher e the borrower entered into a student loan agreement on or before July 31, 2012; or (ii) the repayment terms are established by the lender, where the borrower entered in to a student loan agree- ment after July 31, 2012 (2) Subsection 9(4) of the Regulations is repealed and the following substituted:

(4) A grant received under this

section shall not exceed the prin- cipal amount of the student loan owing by the borrower at the time (

a) of its consolidation, where the borrower entered into a stu- dent loan agreement on or before July 31, 2012; or (

b) the repayment terms are established by the lender, where the borrower entered into a student loan agreement after July 31, 2012.

Student Financial Assistance Regulations (Amendment) 36/13 The Newfoundland and Labrador Gazette March 28, 2013 180 11. These regulations are consid ered to have come into force on August 1, 2012. ©Queen's Printer Commencement

The Newfoundland and Labrador Gazette March 28, 2013 181 NEWFOUNDLAND AND LABRADOR REGULATION 37/13 Student Financial Assistance Administration Regulations (Amendment) under the Student Financial Assistance Act (Filed March 27, 2013) Under the authority of

section 15 of the Student Financial Assis- tance Act, I make the following regulations. Dated at St. John’s, March 20, 2013. Joan Burke Minister of Advanced Education and Skills REGULATIONS Analysis 1. S.7 R&S Application 2. S.8 Amdt. Student category 3. S.9 Amdt. Residency 4. S.10 Amdt. Need assessment 5. S.11 Amdt. Parental contribution 6. S.14 Amdt. Reassessment 7. S.17 R&S Notice of financial assistance 8. Commencement

Section 7 of the Student Financial Assistance Administration Regulations is repealed and the following substituted: 7.

(1) In order to be considered for financial assistance, a qualify- ing student shall apply to the minister in the form, at the place, with the NLR 106/03 as amended Application

Student Financial Assistance Administration Regulations (Amendment) 37/13 The Newfoundland and Labrador Gazette March 28, 2013 182 necessary information and within the time that the minister may re- quire.

(2) Notwithstanding subsection (1), the minister may extend the time by which an application for financial assistance is to be submitted for a period of study but an appli cation shall not be accepted after the end date for that period of study.

(3) An application for financia l assistance that does not contain the documentation and information required by the minister shall not be processed. 2. Subsection 8(1) of the regulations is repealed and the follow- ing substituted: 8.

(1) A person shall be considered to be an independent student for the purposes of an application for financial assistance where one or more of the following apply: (

a) his or her parents are deceased and there is no other parent, guardian, sponsor or other supporting relative; (

b) he or she has been working for 2 or more periods of 12 con- secutive months each; (

c) he or she has been out of high school for 4 or more years; (

d) he or she is a divorced student without children; and (

e) he or she has been a voluntary participant in the Youth Ser- vices Program of the Department of Child, Youth and Fami- ly Services. 3. (1) Subsection 9(1) of th e regulations is repealed and the following substituted: 9.

(1) A dependent student shall be considered to be a resident of the province where his or her parents or parent, where one parent is deceased, with whom he or she resides, have lived in the province for at least 12 consecutive months immediately before the start of the pro- gram to which the notice of financial assistance applies. Student category Residency

Student Financial Assistance Administration Regulations (Amendment) 37/13 The Newfoundland and Labrador Gazette March 28, 2013 183 (2) Subsection 9(5) of the regulations is repealed and the following substituted:

(5) An independent student who has lived in the province for 12 or more consecutive months while not a student, immediately before the start of the program to which th e notice of financial assistance ap- plies shall be considered to be a resident of the province. (3) Subsection 9(6) of the regulations is repealed and the following substituted:

(6) A married student shall be considered to be a resident of the province where the person with whom he or she has been cohabiting in accordance with subsection 8(3) has be en employed full time in the province for 12 or more months immediately before the start of the program to which the notice of financial assistance applies. (4) Subsection 9(7) of the regulations is repealed and the following substituted:

(7) A single parent who has lived in the province for 12 or more consecutive months immediately before the start of a program to which a notice of financial assistance app lies, excluding time spent as a full time student at a post secondary institution, shall be considered to be a resident of this province. 4. Subsection 10(1) of the regul ations is repealed and the fol- lowing substituted: 10.

(1) The minister shall assess the need of a person who applies for financial assistance. 5. Subsection 11(1) of the regul ations is repealed and the fol- lowing substituted: 11.

(1) In order to assess the need of a dependent student, both par- ents of that student, including parents who are separated or divorced, shall provide with that student's application for financial assistance, the financial information that the minister may require. 6. Subsection 14(2) of the regul ations is repealed and the fol- lowing substituted: Need assessment Parental contribution

Student Financial Assistance Administration Regulations (Amendment) 37/13 The Newfoundland and Labrador Gazette March 28, 2013 184

(2) Where a person's eligibility for financial assistance is reas- sessed with respect to a current period of study and that reassessment reveals that he or she is entitled to more financial assistance, another notice of financial assistance may be issued for that additional financial assistance before a date that the minister may establish.

Section 17 of the regulations is repealed and the following substituted: 17.

(1) Where an application is received by the minister under sec- tion 7, the minister, if satisfied that the applicant (

a) is a full time student; (

b) has complied with the Act and regulations made under the Act; and (

c) is eligible for financial assistance may issue a notice of financial assist ance to that applicant and in other circumstances, may refuse to issue a notice of financial assistance to that applicant.

(2) A notice of financial assistance shall (

a) be in a form that the mi nister considers appropriate; (

b) set out the amount of financial assistance for which the full time student named on the notice is eligible; and (

c) state other terms that the minister considers necessary.

(3) A notice of financial assistance shall not be issued to a per- son after the end date of the period of study to which that notice ap- plies.

(4) The minister shall establish an end date for periods of study for which financial assistance may be provided under the Act.

(5) An educational institution shall provide to the division suffi- cient information with respect to its programs of study to permit the minister to establish an end date. Notice of financial assistance Commencement

Student Financial Assistance Administration Regulations (Amendment) 37/13 The Newfoundland and Labrador Gazette March 28, 2013 185 8. These regulations are consid ered to have come into force on August 1, 2012. ©Queen's Printer

The Newfoundland and Labrador Gazette March 28, 2013 187 NEWFOUNDLAND AND LABRADOR REGULATION 38/13 Endangered Species List Regulations (Amendment) under the Endangered Species Act (O.C. 2013-080) (Filed March 27, 2013) Under the authority of

section 7 of the Endangered Species Act, the Minister of Environment and Conservation, with the approval of the Lieutenant-Governor in Council, makes the following regulations. Dated at St. John’s, March 26, 2013. Tom Hedderson Minister of Environment and Conservation Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. Sch. A Amdt. 1.

Schedule A of the Endangered Species List Regulations is amended by adding immediately be fore the species "Ivory Gull – Pagophila eburnea", the species "Graceful Felt Lichen (Voles Ears Lichen) – Erioderma mollissimum". ©Queen's Printer NLR 57/02 as amended

The Newfoundland and Labrador Gazette March 28, 2013 189 NEWFOUNDLAND AND LABRADOR REGULATION 39/13 Copper-in-Concentrate Exemption Order, 2013 under the Mineral Act (O.C. 2013-079) (Filed March 27, 2031) Under the authority of

section 31.1 of the Mineral Act, the Lieu- tenant-Governor in Council makes the following Order. Dated at St. John’s, March 27, 2013. Robert Thompson Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Exemption 4. Suspension of exemption 5. Order continues in force 6. NLR 10/09 Rep. 1. This Order may be cited as the Copper-in-Concentrate Exemp- tion Order, 2013. 2.

(1) In this order (a) "Act" means the Mineral Act; and (b) "development agreement" means the Development Agree- ment made as of September 30, 2002 among Her Majesty

Short title

Interpretation

Copper-in-Concentrate Exemption Order, 2013 39/13 The Newfoundland and Labrador Gazette March 28, 2013 190 the Queen in Right of Newfoundland and Labrador, Voisey's Bay Nickel Company Limited and Inco Limited and in- cludes the amendments to the agreement entered into on February 28, 2009 and March 28, 2013 by Her Majesty in Right of Newfoundland and Labrador, Vale Inco Newfound- land and Labrador Limited and Vale Inco Limited.

(2) In interpreting this Order, the terms "copper-in-concentrate", "project" and "proponent" have the meanings given to them in the de- velopment agreement. 3. The proponent shall be exempt from the provisions of the Voi- sey's Bay Nickel Company Limited Primary Production Order with respect to all copper-in-concentrate for the life of the project. 4.

(1) Notwithstanding

section 3, the right of the proponent to ship copper-in-concentrate from the pr ovince shall be suspended where a term of the development agreement provides for the suspension for a failure of the proponent to fulfil an obligation under the development agreement, or for another reason provided for in the development agreement, and a notice, where one is required in the circumstances, has been given by the government to the proponent.

(2) Where the failure of the proponent, or the other reason, giv- ing rise to the suspension of the proponent's right to ship copper-in- concentrate from the province under this Order has been remedied as provided for under the development agreement, the proponent may resume the shipments. 5. Notwithstanding

section 3, this Order shall continue in force until it is rescinded or repealed (

a) as contemplated in sec tion 4.14.3 of the development agreement; or (

b) under subsection 31.1(3) of the Act. 6. The Copper-in-Concentrate Exemption Order, Newfoundland and Labrador Regulation 10/09, is repealed. ©Queen's Printer Exemption Suspension of exemption Order continues in force NLR 10/09 Rep.

The Newfoundland and Labrador Gazette March 28, 2013 191 NEWFOUNDLAND AND LABRADOR REGULATION 40/13 Nickel-in-Concentrate Exemption Order, 2013 under the Mineral Act (O.C. 2013-079) (Filed March 27, 2013) Under the authority of

section 31.1 of the Mineral Act, the Lieu- tenant-Governor in Council makes the following Order. Dated at St. John’s, March 27, 2013. Robert Thompson Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Production order exemption 4. Termination of exemption 5. Suspension of exemption 6. NLR 11/09 Rep. 1. This Order may be cited as the Nickel-in-Concentrate Exemp- tion Order, 2013. 2.

(1) In this Order (a) "Act" means the Mineral Act; (b) "development agreement" means the Development Agree- ment made as of September 30, 2002 among Her Majesty the Queen in Right of Newfoundland and Labrador, Voisey's Bay Nickel Company Limited and Inco Limited and in-

Short title

Interpretation

Nickel-in-Concentrate Ex emption Order, 2013 40/13 The Newfoundland and Labrador Gazette March 28, 2013 192 cludes the amendments to the agreement entered into on February 28, 2009 and March 28, 2013 by Her Majesty in Right of Newfoundland and Labrador, Vale Inco Newfound- land and Labrador Limited and Vale Inco Limited; and (c) "production order" means the Voisey’s Bay Nickel Compa- ny Limited Primary Production Order.

(2) In interpreting this Order, the terms, "government", "imple- mentation plan", "nickel-in-concentrate", "processing plant" and "pro- ponent" have the meanings given to them in the development agree- ment. 3.

(1) Notwithstanding the production order, the proponent, prior to December 31, 2015, may ship a maximum of 534,000 tonnes of nickel-in-concentrate from the province.

(2) The amount of nickel-in-concentrate the proponent may ship from the province under subsection (1) includes the amount shipped by the proponent before March 28, 2013 under both the Voisey's Bay Nickel Company Limited Nickel Concentrate Exemption Order and the Nickel-in-Concentrate Exemption Order, 2009.

(3) In the period beginning on January 1, 2013 and ending on December 31, 2013, the proponent sh all not ship from the province an amount of nickel-in-concentrate that exceeds 61,000 tonnes.

(4) In the period beginning on January 1, 2014 and ending on December 31, 2014, the proponent sh all not ship from the province an amount of nickel-in-concentrate that exceeds 38,000 tonnes. 4. The exemption contained in

section 3 shall terminate on the earliest of (

a) the date on which the shipments of nickel concentrate by the lessee have reached a total of 534,000 tonnes of nickel-in- concentrate; (

b) December 31, 2015; and (

c) the date on which it is rescinded under

section 31.1(3) of the Act. Production order exemption Termination of exemption

Nickel-in-Concentrate Ex emption Order, 2013 40/13 The Newfoundland and Labrador Gazette March 28, 2013 193 5.

(1) Notwithstanding

section 3, the right of the proponent to ship nickel-in-concentrate from the pr ovince shall be suspended where a term of the development agreement provides for the suspension for a failure of the proponent to fulfil an obligation under the development agreement, or for another reason provided for in the development agreement, and a notice, where one is required in the circumstances, has been given by the government to the proponent.

(2) Where the failure of the proponent, or the other reason, giv- ing rise to the suspension of the proponent's right to ship nickel-in- concentrate from the province under this Order has been remedied as provided for under the development agreement, the proponent may resume the shipments. 6. The Nickel-in-Concentrate Exemption Order, 2009 , New- foundland and Labrador Regulation 11/09 is repealed. ©Queen's Printer Suspension of exemption NLR 11/09 Rep.

The Newfoundland and Labrador Gazette March 28, 2013 195 NEWFOUNDLAND AND LABRADOR REGULATION 41/13 Interchangeable Drug Products Formulary Regulations, 2012 (Amendment) under the Pharmaceutical Services Act (Filed March 28, 2013) Under the authority of sections 19 and 52 of the Pharmaceutical Services Act, I make the following regulations. Dated at St. John’s, March 27, 2013. Susan Sullivan Minister of Health and Community Services REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.3 Amdt. Drug formulary 3. S.5 Amdt. Maximum price for inter- changeable products 4. S.6 Amdt. Exemption 5. S.8 Rep. Addition to existing catego- ries 6. Commencement 1. Paragraph 2(

c) of the Interchangeable Drug Products For- mulary Regulations, 2012 is repealed and the following substituted: (c) "brand price" means the pr ice for a brand name drug estab- lished by the manufacturer as of April 16, 2012; NLR 23/12

Interchangeable Drug Products Formulary Regulations, 2012 (Amendment) 41/13 The Newfoundland and Labrador Gazette March 28, 2013 196 2. Subsection 3(3) of the regulations is repealed and the follow- ing substituted:

(3) The prices set out in the fo rmulary for interchangeable drugs shall be effective for the period sp ecified by the minister in the formu- lary except where the price is gove rned by an agreement made by the minister with respect to pricing of generic drugs.

Section 5 of the regulations is amended by adding immedi- ately after subsection (2) the following:

(3) Notwithstanding another provision of this section, where a drug listed in the formulary is a drug included in the Pan-Canadian Competitive Value Price Initiative for Generic Drugs, the maximum percentage of brand price for that drug shall not exceed the percentage established by the initiative.

Section 6 of the regulations is amended by adding immedi- ately after subsection (4) the following:

(5) This

section does not apply to drugs which are included on the Pan Canadian Competitive Value Price Initiative for Generic Drugs.

Section 8 of the regulations is repealed. 6. These regulations shall come into force on April 1, 2013. ©Queen's Printer Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2013 197 Index

PART I Judicature Act – Notices ..................................................................................................... ......................................................... 114 Lands Act – Notices ..................................................................................................................................................................... 116 Proclamation – Notice -Extraordinary Gazette, March 25, 2013 .................................................................................................. 113 Trustee Act – Notices ........................................................................................................ .......................................................... 117 Urban and Rural Planning Act –Notices ........................................................................................ .............................................. 115

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. Endangered Species Act Endangered Species NLR 38/13 Amends Mar 28/13 p. 187 List Regulations (Amdt.) NLR 57/02 Sch. A Amdt. Mineral Act Copper-in-Concentrate NLR 39/13 Repeals Mar 28/13 p. 189 Exemption Order, 2013 NLR 10/09 Nickel-in-Concentrate NLR 40/13 Repeals Mar 28/13 p. 191 Exemption Order, 2013 NLR 11/09 Pharmaceutical Services Act Interchangeable Drug NLR 41 /13 Amends Mar 28/13 p. 195 Products Formulary NLR 23/12 Regulations, 2012 (Amdt.) S.2 Amdt. S.3 Amdt. S.5 Amdt. S.6 Amdt. S.8 Rep.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2013 198 Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Student Financial Assistance Act Student Financial NLR 36 /13 Amends Mar 28/13 p.175 Assistance Regulations NLR 105/03 (Amdt.) S.4 Amdt. S.5 R&S Ss.5.2 & 5.3 Amdt. S.5.6 R&S S.5.7 R&S S.5.8 Amdt. S.5.09 Added. S.7 Amdt. S.9 Amdt. Student Financial NLR 37 /1 3 Amends Mar 28/13 p. 181 Assistance Administration NLR 106/03 Regulations (Amdt.) S.7 R&S Ss 8, 9, 10 & 11 Amdt. S.14 Amdt. S.17 R&S

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2013 199 The Newfoundland and Labrador Gazette is published from the Office of Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PD F format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed.

Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca. Advertising rates are available u pon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., s hould be made payable to THE NEWF OUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649.

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STATUTES OF NEWFOUNDLAND AND LABRADOR 2013 Bill Act

Chapter First Session, 47 th General Assembly 62 Elizabeth II, 2013 2013 45 Animal Health and Protection (Amendment) Act 1 62 Interim Supply Act, 2013 2 (ASSENTED TO MARCH 21, 2013) This list was prepared by the Office of the Legislative Counsel. Questions or omissions should be brought to the attention of that Office. Office of the Legislative Counsel Department of Justice Government of Newfoundland and Labrador 4th Floor East Block, Confederation Building P.O. Box 8700 St. John's, NL A1B 4J6 F 729.729.2129 legcounsel@gov.nl.ca www.assembly.nl.ca/legislation/

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2013-03-28
Type	gazette
Volume / chapter	printer gazette weekly issues 2013 nlg130328
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9f63873b0efa31a04ee1d81de451c778bfcc4234

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