417 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 79 ST. JOHN’S, FRIDAY, AUGUST 6, 2004 No. 32 AUTOMOBILE INSURANCE ACT STANDARD AUTOMOBILE POLICY CHANGES Pursuant to subsection 4. (1) of the Automobile Insurance Act, R.S.N.L. 1990, as amended, the following changes to the S.P.F. No. 1, Standard Automobile Policy (Own er’s Form) as published in

Part I of The Newfoundland and Labrador Gazette on June 30, 1994 are hereby approved for use in the Province effective August 1, 2004. WINSTON MORRIS Superintendent of Insurance 1. Under

SECTION A - THIRD PARTY LIABILITY, under The insurer shall not be liable under this Section, - delete the “.” at the end of pa ragraph (

h) and add “; or”, and - add after paragraph (

h) the following: (

i) for any liability arising from the use or oper ation of the automobile by an excluded driver. 2. Under

(3) EXCLUSIONS of the SPECIAL PROVISIONS,

DEFINITIONS AND EXCLUSIONS OF

SECTION B, (

a) delete the word “or” at the end of paragraph (a) (ii), (

b) delete the “.” at the end of para graph (a) (iii) and add “; or”, and (

c) add after paragraph a (iii) the following: (iv) resulting from the use or operation of the automobile by an excluded driver. 3. Under EXCLUSIONS of

SECTION C - LOSS OF OR DAMAGE TO INSURED AUTOMOBILE, under The insurer shall not be liable, - add after paragraph (1) (

h) the following: (

i) where the automobile is being used or operated by an excluded driver; or 4. Under LIMITS AND EXCLUSIONS of SECTI ON D - UNINSURED AUTOMOBILE AND UNIDENTIFIED AUTOMOBILE COVERAGE,

THE NEWFOUNDLAND AND LABRADOR August 6, 2004 418 (

a) delete the word “and” at th e end of paragraph 3. (1) (g), (

b) delete the “.” at the end of para graph 3. (1) (

h) and add “; or”, and (

c) add after paragraph 3. (1) (

h) the following: (

i) for loss or damage that occurs while the insu red automobile is being used or operated by an excluded driver. 5. Under the GENERAL PROVISION,

DEFINITIONS AND EXCL USIONS

section of the policy, add the following: 3.1 EXCLUDED DRIVER DEFINED In this Policy the words “excluded driver” mean a person who is named in an endorsement to the Policy, which endorsement eliminates coverage under the Policy while th e named person drives or operates an automobile identified in the endorsement including any temporary substitute automobile or any newly acquired automobile. Aug 6 FORESTRY ACT NOTICE In accordance with

Section 55 (2) of the Forestry Act, a copy of the Assessment Roll for 2004 with a Certificate of the Assessor will be available for examination during regular business hours commencing the 9th day of August, 2004 to the 20 th day of August, 2004, both days inclusive. Interested persons should contact Forest Ecosystem Management Division, Department of Natural Resources, Fortis Building, Corner Brook, Newfoundland and Labrador. Dated this 30 th day of July, 2004. IVAN N. DOWNTON Director Forest Ecosystem Management Division Aug 6 CITY OF ST. JOHN’S ACT ST. JOHN’S MUNICIPAL COUNCIL NOTICE ST.

JOHN’S COUNCIL PENSION BY-LAW TAKE NOTICE that the St. John’s Municipal Council has enacted the Council Pension by-Law.. The said By-Law was passed by Council on the 26th day of July, 2004 and will have the effect of repealing the Pension By-Law passed April 9, 1980. All persons are hereby required to take notice that any person who wishes to view such By-Law may view same at the Office of the City Solici tor of the St. John’s Municipal Council at City Hall, and that any person who wishes to obtain a copy thereof may obtain it at the said office upon the payment of a reasonable charge as established by the St.

John’s Municipal Council for such copy. Dated this 29th day of July, 2004. PHYLLIS BARTLETT Per: Neil Martin - City Clerk P. O. # 35743 Aug 6 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 8, 2004 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 312, 2004 Take notice that the St. John’ s Municipal Plan Amendment No. 8, 2004 and St. John’s Development Regulations Amendment Number 312, 2004, adopted on the 25 th day of May, 2004 and approved on the 26 th day of July, 2004, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of St. John’s Municipal Plan Amendment No. 8, 2004 is to redesignate properties at Civic Numbers 251, 253, 255, 257, 259, 259A, 261, 263, 265, 267, 269 and 269A Blackmarsh Road and properties at

THE NEWFOUNDLAND AND LABRADOR August 6, 2004 419 Civic Numbers 2, 4, 6 and 8 Mercer’s Lane to the Commercial General District. In general terms the purpose of St. John’s Development Regulations Amendment Number 312, 2004, is to rezone properties at Civic Number s 251, 253, 255, 257, 259A, 261, 263, 265, 267, 269 and 269A Blackmarsh Road and properties at Civic Numbers 2, 4, 6 and 8 Mercer’s Lane to the Commercial Neighbourhood (CN) Zone. The St. John’s Municipal Pl an Amendment No.8, 2004 and St.

John’s Development Regu lations Amendment Number 312, 2004 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendments may do so at the Depart ment of Planning, 3 rd Floor, St. John’s City Hall during regular business hours (Monday through Friday, 9:00 a.m. to 4:30 p.m.). CITY OF ST. JOHN’S Engineering & Planning Department Aug 6 MOTOR CARRIER ACT IN THE MATTER OF THE MOTOR CARRIER ACT,

CHAPTER M-19, R.S.N. 1990 AND IN THE MATTER OF THE APPLICATION FOR A MOTOR CARRIER CERTIFICATE NOTICE OF APPLICATION TAKE NOTICE that Mr. Alvin Vallis, of Coomb’s Cove, NL A0H 1K0, has applied to the Board of Commissioners of Public Utilities under the provisions of the Motor Carrier Act ,

Chapter M-19, R.S.N. 1990, for the issuance of a Certificate as a motor carrier to provide the following service: REGULAR PUBLIC PASSENGER BUS SERVICE for the transportation of passengers and their baggage at separate fares from any point on highwa y route numbers 360,362 and 363 to Grand Falls-Windsor and the reverse thereof with pick up and drop off privileges at all points enroute. This authority is restricted to the use of a vehicle with a maximum seating capacity of up to 24 passengers.

Service will be supplied 3 days per week, Monday, Wednesday and Friday departing Coomb’s Cove at 6;30am and departing Grand Falls-Windsor 4:30 pm. The Board, having reviewed the application, has granted provisional approval and shall is sue said Certificate, unless a person who objects to the app lication files with the Board a notice of objection to the a pplication together with a written statement setting out in full the reasons why the application should be denied and relevant documentary evidence.

The objector must also serve on the applicant a copy of the notice of objection, the statement of reasons and the relevant documentary evidence filed with the Board by personal service or by prepaid, registered mail, at the address shown on the application, and proof of service must be supplied to the Board. The evidence to be submitted must be received by the Board within twenty days of the date of the publication of this notice, at the office of the Board at Suite East 210, Prince Charles Building, Torbay Road, NL or by mail to P. O. Box 21040, St. John’s, NL A1A 5B2.

Dated at Coomb’s Cove, Newfoundland and Labrador, this 29th day of July, 2004.

ALVIN VALLIS Signature of Applicant Aug 6 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Lawrence White, late, of the Town of Stephenville, in the Province of Newfoundland and Labrador, pensioner, deceased: All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Lawrence White, late of the Town of Stephenville, 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 4 th day of September, 2004 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, Newfoundland and Labrador, this 1st day of August, 2004. MARCHE-WHITE LAW OFFICE Solicitor for the Executor PER: Marie Marche-White ADDRESS FOR SERVICE P. O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 Aug 6 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Walter G. Miller of Placentia, in the Province of Newfoundland and Labrador, Retired, deceased. All persons claiming to be creditors of or who have any claims or demands upon or aff ecting the Estate of Walter G. Miller, the aforesaid deceased, who died at St.

John’s, in the Province of Newfoundland and Labrador on or about the 3 rd day of April, 2002, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitors for the Executor of the Estate on or before the 6 th day of August, 2004, after which date the

THE NEWFOUNDLAND AND LABRADOR August 6, 2004 420 Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice. Dated at St. John’s, Newfoundland and Labrador, this 21st day of July, 2004. LEWIS, SINNOTT, SHORTALL, HURLEY Solicitors for the Executor PER: Andrew A. Fitzgerald ADDRESS FOR SERVICE Suite 300, 140 Water Street P. O. Box 884 St. John’s, NL A1C 5L7 July 30 & Aug 6 QUIETING OF TITLES ACT 2004 01 T 2876 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF an Application of William Short pursuant to the Quieting of Titles Act ,

Chapter Q-3 of the Revised Statutes of Newfoundland, 1990 AND IN THE MATTER of a piece or parcel of land situate at Pouch Cove, in the Province of Newfoundland and Labrador NOTICE NOTICE OF APPLICATION under the Quieting of Titles Act,

Chapter Q-3 of the Revised Statutes of Newfoundland and Labrador, 1990. NOTICE is hereby given to all parties that William Short of Riverhead, Harbour Grace, in the Province of Newfoundland and Labrador, has applied to the Supreme Court of Newfoundland and Labrador, St. John’s, to have the title to ALL THAT piece or parcel of land situate at Pouch Cove, in the Province of Newfoundland and Labrador being more particul arly described in

Schedule “A” hereto annexed and outlined on the plan annexed hereto marked

Schedule “B” fo r which he claims to be owner, investigated and for a Declaration that he is the absolute owner in fee simple and that the said William Short has been ordered to publ ish notice of the Application as required by the before noted Act. ALL persons having title adverse to the said title claimed by William Short shall file in the Registry of the Supreme Court of Newfoundland and Labrador at St.

John’s, in the Province of Newfoundland and Labrador, particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitor for the Applicant on or before the 27 th day of August, 2004 after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just. ALL such adverse claims shall then be investigated in such manner as the said Supreme Court of Newfoundland and Labrador, St. John’s, may direct.

DATED at Carbonear, in the Province of Newfoundland and Labrador this 23 rd day of June, 2004. JR. WILLIAM FINN Solicitor for the Applicant ADDRESS FOR SERVICE. 66 Powell Drive Carbonear, NL A1Y 1A5 Aug 6

SCHEDULE “A” Boundary Description Wall’s Road, Pouch Cove, NL BEGINNING at a point, said point having the following NAD83 coordinates in Zone 1 of the Transverse Mercator Projection as modified for the Province of Newfoundland and Labrador; N 5 290 822.326 E 324 152.599 THENCE along the grid bearing of N11°00’26"E for a distance of 12. 080 metres. THENCE along the grid bearing of N04°34’04"E for a distance of 7.923 metres. THENCE along the grid bearing of N25°23’00"E for a distance of 19.086 metres. THENCE along the grid bearing of N18°36’47"E for a distance of 28.029 metres.

THENCE along the grid bearing of N06°25’23"E for a distance of 17.975 metres. THENCE along the grid bearing of N23°20’47"E for a distance of 58.190 metres. THENCE along the grid bearing of S83°13’47"E for a distance of 9.343 metres. THENCE along the grid bearing of S07°05’04"E for a distance of 50.657 metres. THENCE along the grid bearing of S08°23’24"E for a distance of 50.682 metres. THENCE along the grid bearing of S79°14’46"W for a distance of 17.167 metres.

THE NEWFOUNDLAND AND LABRADOR August 6, 2004 421 THENCE along the grid bearing of S04°39’46"E for a distance of 25.426 metres. THENCE along the grid bearing of S84°51’25"W for a distance of 53.474 metres to the POINT OF BEGINNING.. The above described piece or parcel of land contains an area of 0.507 hectares, more or less, and is more particularly shown on the plan hereto attached dated 2002 03 08.

THE NEWFOUNDLAND AND LABRADOR August 6, 2004 422 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ANN MARIE BAGGS of 10B Chapel Street, St. John’s, in the Province of Newfoundland and Labrador, as follows: To change my name from ANN MARIE BAGGS to ANN MARIE SHIRRAN DATED this 23rd day of July, 2004.

ANN MARIE BAGGS (Signature of Applicant) Aug 6 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- CHRISTINE LORRAINE BRAKE of Box 2917, RR #2, Corner Brook, NL A2H 6B9, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JESSICA MARILYN TERRY to JESSICA MARILYN BRAKE DATED this 22nd day of July, 2004. CHRISTINE BRAKE (Signature of Applicant) Aug 6 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 79 ST. JOHN’S, FRIDAY, AUGUST 6, 2004 No. 32 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 79/04 NLR 80/04 NLR 81/04 NLR 82/04 NLR 83/04 NLR 84/04 NLR 85/04 NLR 86/04 NLR 87/04

371The Newfoundland and Labrador Gazette August 6, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 79/04 Proclamation bringing Act into force under Automobile Insurance (Amendment) Act, Insurance Companies (Amendment) Act and Highway Traffic (Amendment) Act (O.C. 2004-294) (Filed July 28, 2004) 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. EDWARD ROBERTS JOHN CUMMINGS Lieutenant Governor Deputy Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by section25 of

An Act to Amend the Automobile Insurance Act, the Inusrance Companies Act and the Highway Traffic Act to Effect Certain Reforms Respecting Automobile Insurance, S.N.L. 2004 c.27 (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 it expedient that the Act shall now come into force. NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that

An Act to Amend the Automobile Insurance Act, the Insurance Companies Act and the Highway Traffic Act to Effect Certain Reforms Respecting Automobile Insurance, S.N.L. 2004 c. 27, shall come into force on August 1, 2004. OF ALL WHICH OUR LOVING SUBJECTS AND A LL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. 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 Edward Roberts, one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador.

372The Newfoundland and Labrador Gazette August 6, 2004 AT OUR GOVERNMENT HOUSE in Our City of St. John's this 28th day of July, in the year of Our Lord two thousand and four and in the fifty- third year of Our Reign. BY COMMAND, JACK BYRNE Registrar General

The Newfoundland and Labrador Gazette 373 August 6, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 80/04 Automobile Insurance Prohibited Underwriting Regulations under the Insurance Companies Act (O.C. 2004-297) (Filed July 28, 2004) Under the authority of paragraph 107(e.1) of the Insurance Com- panies Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 28, 2004. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Prohibition: Refusal to provide insurance 4. Prohibition - risk classifica- tion system 5. Commencement 1. These regulations may be cited as Automobile Insurance Pro- hibited Underwriting Regulations. 2. In these regulations (a) "Act" means the Insurance Companies Act; and

Short title

Definitions

Automobile Insurance Prohibited Underwriting Regulations 80/04 The Newfoundland and Labrador Gazette 374 July 30, 2004 (b) "minister" means the minister appointed under the Executive Council Act to administer the Act. 3.

(1) For the purpose of subsection 96.1(2) of the Act, an insurer shall not decline to issue, terminate or refuse to renew a contract or refuse to provide or continue a coverage or endorsement on one or more of the following grounds: (

a) the insured, the applicant or another person who is or would be an insured under the contract (

i) had an accident in the past , or claimed in the past under a contract as a result of an accident, for which the in- sured, applicant or other person was not at fault, (ii) has enquired as to coverage under a contract or has ad- vised of an accident for which indemnity or coverage is provided for under a contract, and no payment was made to indemnify an insured or to an insured under the contract, (iii) failed to make a payment to an insurer or a payment was returned to the insurer dishonored, other than the first payment due on a contract, if the missed payment or dishonored payment was replaced within 30 days of the date on which it was originally due, (iv) has been declined insurance or refused a renewal of insurance by an insurer, (

v) has a lapse in coverage for a period of less than 24 months, unless the lapse resulted directly or indirectly from (

A) termination of a contract for failure to pay premi- ums due under a contract, (

B) termination of a contr act for failing to disclose a conviction or claim and the conviction or claim would likely have led to a higher premium being charged, or Prohibition: Re- fusal to provide insurance

Automobile Insurance Prohibited Underwriting Regulations 80/04 The Newfoundland and Labrador Gazette 375 July 30, 2004 (

C) suspension of the person’s drivers licence for an offence related to the use or operation of an auto- mobile, (vi) does not have another insurance policy of any kind with the insurer or its affiliates or that he or she refused to consider or purchase anothe r insurance policy from the insurer or its affiliates, or (vii) is or has been insured through the Facility Association; (

b) the age of the vehicle, exce pt that an inspection satisfactory to the insurer may be required once the vehicle is 8 years old, provided that the inspection requirements are set out in writing by the insurer and given to the applicant for a con- tract; and (

c) another ground approved by the minister.

(2) For the purpose of this section,

section 7 of the Corporations Act applies, with the necessary changes, to the determination of whether there is an affiliation between 2 or more insurers. 4.

(1) For the purpose of paragraph 96.2(3)(d), an insurer shall not use one or more of the following elem ents in its risk classification sys- tem: (

a) an accident or a claim resu lting from an accident for which the insured was not at fault; (

b) an inquiry by an insured as to coverage under a contract, or any advice of an accident by an insured for which indemnity or coverage is provided for under a contract, where no pay- ment was made to indemnify an insured or to an insured un- der a contract; (

c) failure by the insured to make a payment to an insurer, or a payment being returned to an insurer dishonored, other than the first payment due on a contract, if the missed payment or dishonored payment was replaced within 30 days of the date on which it was originally due; Prohibition - risk classification system

Automobile Insurance Prohibited Underwriting Regulations 80/04 The Newfoundland and Labrador Gazette 376 July 30, 2004 (

d) the insured was declined insurance or refused a renewal of insurance by an insurer; (

e) the insured has a lapse in coverage under a contract for a period of less than 24 months, unless the lapse resulted di- rectly or indirectly from (

i) termination of a contract for failure to pay premiums due under a contract, (ii) termination of a contract for failing to disclose a convic- tion or claim and the convic tion or claim would likely have led to a higher premium being charged, or (iii) suspension of the person’s drivers licence for an offence related to the use or operation of an automobile; and (

f) another element approved by the minister. 5. These regulations shall come into force on August 1, 2004. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette 377 August 06, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 81/04 Automobile Insurance Regulations under the Automobile Insurance Act (O.C. 2004-296) (Filed July 28, 2004) Under the authority of paragraphs 60(1)(g.1) and (g.2) of the Automobile Insurance Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 28, 2004. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application 4. Net loss of income 5. Net loss of earning capacity 6. Deductible on non-pecuniary damage 1. These regulations may be cited as Automobile Insurance Regu- lations. 2. In these regulations, "Act means the Automobile Insurance Act. 3. These regulations apply to an action arising from the use or operation of an automobile on or after August 1, 2004.

Short title

Definitions Application

Automobile Insurance Regulations 81/04 The Newfoundland and Labrador Gazette 378 August 06, 2004 4. For the purpose of paragraph 26.4(1)(

a) of the Act, net loss of income means total income lost less the following: (

a) the premium otherwise payable on that income under the Employment Insurance Act (Canada); (

b) the contribution otherwise payable on that income under the Canada Pension Plan (Canada); and (

c) the income tax otherwise payable on that income under the Income Tax Act (Canada) and the Income Tax Act, 2000. 5. For the purpose of paragraph 26.4(1)(

b) of the Act, net loss of earning capacity means total loss of ear ning capacity or loss of future income less the following: (

a) the premium otherwise payable on that income under the Employment Insurance Act (Canada); (

b) the contribution otherwise payable on that income under the Canada Pension Plan (Canada); and (

c) the income tax otherwise payable on that income under the Income Tax Act (Canada) and the Income Tax Act, 2000. 6. For the purpose of

section 39.1 of the Act, the amount by which the damages to which a plaintiff is entitled in relation to each cause of action for non-pecuniary loss or damage shall be reduced is $2,500. ©Earl G. Tucker, Queen's Printer Net loss of income Net loss of earning capacity Deductible on non- pecuniary damage

The Newfoundland and Labrador Gazette 379 August 06, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 82/04 Uninsured Automobile and Unidentified Automobile Coverage Regulations (Amendment) under the Automobile Insurance Act (O.C. 2004-295) (Filed July 28, 2004) Under the authority of subsection 33(4) of the Automobile Insur- ance Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 28, 2004. Robert C. Thompson Clerk of the Executive Council REGULATION Analysis 1. Sch Amdt. Limits and exclusions 2. Commencement 1. Subsection 3(1) of the

Schedule to the Uninsured Automobile and Unidentified Automobile Coverage Regulations is amended (

a) by striking out the word "and" at the end of paragraph (g); CNLR 985/96

Uninsured Automobile and Unidentified Automobile Coverage Regulations (Amendment) 82/04 The Newfoundland and Labrador Gazette 380 August 06, 2004 (

b) by striking out the period at the end of paragraph (

h) and substituting a semicolon and the word "or"; and (

c) by adding immediately afte r paragraph (

h) the following: (

i) for loss or damage that occurs while the insured automobile is being used or operated by an excluded driver. 2. These regulations come in to force on August 1, 2004. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette 381 August 06, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 83/04 Insurance Premiums Interest Rates Regulations under the Automobile Insurance Act (July 28, 2004) Under the authority of subsection 6.3(2) of the Automobile Insur- ance Act, the minister makes the following regulations. Dated at St. John’s, July 28, 2004. Dianne Whalen Minister of Government Services REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application of rates 1. These regulations may be cited as Insurance Premiums Interest Rates Regulations. 2. Where an insured pays a premium required under an automobile insurance contact in equal monthly instalments, an insurer shall not charge a rate of interest exceeding (a) 3% of the total premium payable under the contract if the term of the contract is 12 months or more;

Short title

Definitions

Insurance Premiums Interest Rates Regulations 83/04 The Newfoundland and Labrador Gazette 382 August 06, 2004 (b) 1.5% of the total premium payable under the contract if the term of the contract is 6 months or more but less than 12 months; and (c) 0.5% of the total premium payable under the contract if the term of the contract is less than 6 months. 3. The interest rates set out in

section 2 apply to contracts of auto- mobile insurance renewed or entered into after August 1, 2004. ©Earl G. Tucker, Queen's Printer Application of rates

The Newfoundland and Labrador Gazette 383 August 06, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 84/04 Happy Adventure Municipal Planning Area under the Urban and Rural Planning Act, 2000 (Filed August 3, 2004) Under the authority of

section 11 of the Urban and Rural Plan- ning Act, 2000 , I define the following area as the Happy Adventure Municipal Planning Area. Dated at St. John’s, August 3, 2004.

Jack Byrne Minister of Municipal and Provincial Affairs PLANNING AREA Beginning at the most easterly point of Long Pond and then running south 8° 30' west a distance of 2,075 metres, more or less, to a point at high water mark on the northern shoreline of North Broad Cove in Newman Sound; Then running along the sinuosities of the northern shoreline of New- man Sound in a generally easterly direction to the point 325 metres west of the easternmost tip of Sandy Cove Point; Then running north 17° west a distance of 1,450 metres, more or less, to a point on the southern limit of the road from Sandy Cove to East- port; Then in a general westerly direction to the point of crossing of South- west Brook and the Happy Adventure - Eastport Road;

Happy Adventure Municipal Planning Area 84/04 The Newfoundland and Labrador Gazette 384 August 06, 2004 Then due west a distance of 575 metres, more or less, to a point in the southwest corner of land belonging to Holy Cross Church; Then along the west boundary of the land north 9° east a distance of 375 metres, more or less, to a point in the northwest corner of Holy Cross land; Then south 85° 30' west a distance of 3,350 metres, more or less, to the point of beginning. All bearings being referred to the true meridian ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette 385 August 06, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 85/04 Interim Development Regulations, 2003 (Amendment) under the Urban and Rural Planning Act, 2000 (Filed August 3, 2004) Under the authority of

section 34 of the Urban and Rural Plan- ning Act, 2000, I make the following regulations. Dated at St. John’s, August 3, 2004. Jack Byrne Minister of Municipal and Provincial Affairs Analysis 1. Sch. Amdt. REGULATIONS 1. The

Schedule to the Interim Development Regulations is amended (

a) by adding immediately after the words "Eastport Mu- nicipal Planning Area" the words "Happy Adventure Municipal Planning Area"; and (

b) by adding immediately after the words "Postville Mu- nicipal Planning Area" the words "Salvage Municipal Planning Area". ©Earl G. Tucker, Queen's Printer NLR 137/03 as amended

The Newfoundland and Labrador Gazette 387 August 06, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 86/04 Salvage Municipal Planning Area under the Urban and Rural Planning Act, 2000 (Filed August 3, 2004) Under the authority of

section 11 of the Urban and Rural Plan- ning Act, 2000 , I define the following area as the Salvage Municipal Planning Area. Dated at St. John’s, August 3, 2004.

Jack Byrne Minister of Municipal and Provincial Affairs PLANNING AREA Beginning at the most easterly point of the shoreline of Southern Head at the north entrance to Broomclos e and then running in generally southwesterly and northeasterly directions along the sinuosities of the shorelines of Broomclose to the most easterly point of Broomclose; Then running along the sinuosities of the shorelines of Little Barrow Harbour to Tilleys Point; Then running in a generally southwesterly direction along the western shoreline of Barrow Harbour to a poi nt at the west entrance to Scott's Tickle; Then running north 71° west a distance of 3,300 metres, more or less;

Salvage Municipal Planning Area 86/04 The Newfoundland and Labrador Gazette 388 August 06, 2004 Then south 65° west a distance of 925 metres, more or less, to the most easterly point in the municipality of Eastport; Then north 10° west a distance of 500 metres, more or less, to a point locally known as Crow Gulch on the southern shoreline of Eastport Bay; Then running in a generally northeasterly direction along the shoreline to North Point at the west entrance to Bishop's Harbour; Then running along the sinuosities of the shoreline of Bishop's Harbour to Net Point; Then running in a generally easterly direction along the shoreline to the point of beginning.

All bearings being referred to the true meridian. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette 389 August 06, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 87/04 Private Training Institutions Regulations (Amendment) under the Private Training Institutions Act (O.C. 2004-298) (Filed August 5, 2004) Under the authority of

section 19 o f the Private Training Institu- tions Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 3, 2004. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.10 Amdt. Security 2. S.10.01 R&S Distribution of sufficient proceeds 3. S.10.02 Amdt. Distribution of insufficient proceeds 4. S.10.03 Amdt Time limit

Section 10 of the Private Training Institutions Regulations is amended by adding immediately after subsection (9) the following:

(9.1) For the purpose of these regulations, the date of forfeiture of security is the date the minister calls upon the surety company or finan- CNLR 1114/96 as amended

Private Training Institutions Regulations (Amendment) 87/04 The Newfoundland and Labrador Gazette 390 August 06, 2004 cial institution to satisfy the amount s payable under the security in accordance with subsection (9).

Section 10.01 of the regulatio ns is repealed and the following substituted: 10.01

(1) Where the proceeds of the s ecurity are sufficient to satisfy the total amount of all claims filed with the minister within the 6 month period from the date of forfeiture mentioned in subsection 10 (9.1), the superintendent shall distribute the proceeds of the security among the claimants as required by this section.

(2) Where (

a) a judgment based on a claim in respect of fees owing to a student under

section 17 or 18 of these regulations is ob- tained by a student and filed with the minister; (

b) a judgment based on a claim in respect of a course of study or contract for a course of study is obtained by a student and filed with the minister; or (

c) the minister or the corpor ation provides evidence satisfac- tory to the superintendent as to the validity of a claim re- ferred to in paragraph 10(9)(

b) the superintendent may, within 6 months of the date of forfeiture, pay over the money recovered under the security.

(3) A claim by a student under paragraphs (2)(

a) and (

b) shall include reasonable legal expenses incurred by the student to obtain judgment, as determined by the superintendent.

(4) Where proceeds remain after distribution under this section, the remainder shall be paid to the security company or the financial institution from which the security was obtained.

(5) This

section applies to any security required under the Act or these regulations, including any security forfeited but not distributed at the time of the coming into force of this section. Distribution of sufficient proceeds

Private Training Institutions Regulations (Amendment) 87/04 The Newfoundland and Labrador Gazette 391 August 06, 2004 3.

(1) Subsection 10.02(1) of the regulations is amended by deleting the reference "10(9)" an d substituting the reference "10(9.1)".

(2) Paragraph 10.02(2)(

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

e) secondly, where proceeds remain after distribution under paragraph (

d) and the minister or the corporation has pro- vided evidence satisfactory to the superintendent as to the validity of the claim, those proceeds shall be distributed to the minister or the corporation to replace tuition fees paid by a student to a private training institution for services which the student did not receive before the closure of that institu- tion or the cancellation of the security or the registration of the institution;

(3) Paragraph 10.02(2)(

g) of th e regulations is repealed and the following substituted: (

g) finally, where proceeds remain after distribution under para- graph (

f) and the minister or the corporation has provided evidence satisfactory to the superintendent as to the validity of the claim, those proceeds shall be paid to the minister or the corporation for costs incurred by the minister or the cor- poration to facilitate the train-out of the students.

Section 10.03 of the regulations is amended by deleting the reference "10.01" and by substituting the reference "10(9.1). ©Earl G. Tucker, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR August 6, 2004 393 Index

PART I Automobile Insurance Act – Notice ........................................................................................... ................................................ 417 Change of Name Act – Notices ................................................................................................ .................................................. 422 City of St.

John’s Act – Notice ............................................................................................... ..................................................... 418 Forestry Act – Notice ......................................................................................................... .......................................................... 418 Motor Carrier Act – Notice .................................................................................................... ...................................................... 419 Quieting of Titles Act – Notice ............................................................................................... ..................................................... 420 Trustee Act – Notices ......................................................................................................... ......................................................... 419 Urban and Rural Planning – Notices .......................................................................................... ................................................ 418

PART II CONTINUING INDEX OF SUBORDIANTE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Automobile Insurance (Amendment) Act, Insurance Companies (Amendment) Act, and Highway Traffic (Amendment) Act Proclamation bringing Act into force NLR 79/04 new Extra. Aug. 01/03 p. 371 Insurance Companies Act Automobile Insurance Prohibited NLR 80/ 04 new Extra. Aug. 01/04, p. 373 Underwriting Regulations Automobile Insurance Act Automobile Insurance Regulations NLR 81/04 new Extra.

Aug. 01/04, p. 377 Uninsured Automobile and Unidentified NLR 82/04 Amends Extra. Aug. 01/04, p. 379 Automobile Coverage Regulations CNLR 985/96 (Amendment) Sch. Amdt. Insurance Premiums Interest NLR 83/04 new Extra. Aug. 01/04, p. 381 Rates Regulations Urban and Rural Planning Act, 2000 Happy Adventure Planning Area, 2000 NLR 84/04 new Aug. 06/04, p. 383 Interim Development Regulations, 2003 NL R 85/04 Amends Aug. 06/04, p. 385 (Amendment) NLR 137/03 Sch. Amdt.

Salvage Municipal Planning Area NLR 86/04 new Aug. 06/04, p. 387 Private Training Institutions Act Private Training Institutions NLR 87/04 Amends Aug. 06/04, p. 389 Regulations (Amendment) CNLR 1114/96, s. 10 Amdt. s. 10.01 R&S s. 10.02 Amdt. s. 10.03 Amdt.

THE NEWFOUNDLAND AND LABRADOR August 6, 2004 394 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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