631 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 79 ST. JOHN’S, FRIDAY, DECEMBER 24, 2004 No. 52 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NO. 13, 2004 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NO 318, 2004 TAKE NOTICE that the St. John’s Municipal Plan Amendment No. 13, 2004 and St. John’s Development Regulations Amendment Nu mber 318, 2004, adopted on the 15th day of November, 2004, and approved on the 13 th day of December, 2004, have been registered by the Minister of Municipal and Provincial Affairs.

In general terms the purpose of Municipal Plan Amendment No. 13, 2004 is to make provision in the Rural Land Use District for rental storage use. In general terms, the purpose of Development Regulations Amendment No. 318, 2004 is to make provisions in the Rural Residential (RR) Zone for rental storage use. The St. John’s Municipal Plan Amendment No. 13, 2004 and St. John’s Development Regulations Amendment No. 318, 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. CITY OF ST. JOHN’S Planning Department Dec 24 NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NO. 17, 2004 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NO 333, 2004 TAKE NOTICE that the St. John’s Municipal Plan Amendment No. 17, 2004 and St.

John’s Development Regulations Amendment Nu mber 333, 2004, adopted on the 15th day of November, 2004, and approved on the 13 th day of December, 2004, have been registered by the Minister of Municipal and Provincial Affairs. In general terms the purpose of Municipal Plan Amendment No. 17, 2004 is to redesignate property on Thorburn Road, opposite Critch’s Path to the Commercial General District. In general terms, the purpose of Development Regulations Amendment No. 333, 2004 is to rezone property on Thorburn Road opposite Critch’s Path to the Commercial Neighbourhood (CN) Zone. The St.

John’s Municipal Plan Amendment No. 17, 2004 and St. John’s Development Regulations Amendment No. 333, 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. CITY OF ST. JOHN’S Planning Department Dec 24

THE NEWFOUNDLAND AND LABRADOR December 24, 2004 632 NOTICE OF REGISTRATION TOWN OF CARBONEAR MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS 2004-2014 TAKE NOTICE that the Town of Carbonear Municipal Plan and Development Regulations 2004-2014 adopted on the 28th day of June, 2004 and approved on the 29 th day of October, 2004, has been regist ered by the Minister of Municipal and Provincial Affairs. The Town of Carbonear Muni cipal Plan and Development Regulations 2004-2014, 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 Town of Carbonear Municipal Plan and Development Regulations 2004-2014, may do so at the Town Office, Carbonear, during normal business hours. TOWN OF CARBONEAR Town Clerk Dec 24 NOTICE OF REGISTRATION CITY OF MOUNT PEARL DEVELOPMENT REGULATIONS AMENDMENT NO. 149, 2004 TAKE NOTICE that the City of Mount Pearl Development Regulations Amendment Numb er 149, 2004, adopted by Council on the 16 th day of November, 2004, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of Development Regulations Amendment Number 149, 2004 is to add to

Part II- General Development Standards,

Section 33 Accessory Buildings, a clause that provides Council with the authority to permit an accessory building in a flanking street side yard where the established development pattern in a neighbourhood has accommodated accessory buildings in the flanking street side yard. The Mount Pearl Developmen t Regulations Amendment Number 149, 2004 comes into effect on the day that this notice is published in The Newfoundland & Labrador Gazette. Anyone who wishes to inspect a copy of the Mount Pearl Development Regulations Number 149, 2004 may do so at City Hall, City of Mount Pearl during normal working hours.

CITY OF MOUNT PEARL PER: Gerard Lewis Chief Administrative Officer Dec 24 CITY OF ST. JOHN’S ACT ST. JOHN’S MUNICIPAL COUNCIL NOTICE ST. JOHN’S TAXI BY-LAW TAKE NOTICE that the St. John’s Municipal Council has enacted an amendment to the St. John’s Taxi By-Law. The said Amendment was passed by Council on the 13 th day of December, 2004 and will amend

Schedule “A” Tariff of Fares so as to provide for a rate increase, the first increase since 2000. 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 17th day of December, 2004. NEIL MARTIN City Clerk P.

O. # 45116 Dec 24 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Mary Luedee, late of the Town of Stephenville Crossing, in the Province of Newfoundland and Labrador, Widow, pensioner, deceased: All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of the late Mary Luedee, 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 Administration of the Estate on or before the 17 th day of January, 2005, after which date the said Administratrix 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 14th day of December, 2004. MARCHE & CHAFFEY LAW OFFICE Solicitor for the Administratrix PER: Marie Marche-White

THE NEWFOUNDLAND AND LABRADOR December 24, 2004 633 ADDRESS FOR SERVICE: P. O.

Box 272 43 Main Street Stephenville, NL A2N 2Z4 Dec 24 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:- MADONNA ELIZABETH O’QUINN (GALLANT) of General Delivery, South Branch, A0N 2B0, in the Province of Newfoundland and Labrador, as follows: To change my name from MADONNA ELIZABETH O’QUINN to MADONNA ELIZABETH AUCOIN DATED this 15th day of December, 2004.

MADONNA O’QUINN (GALLANT) (Signature of Applicant) Dec 24 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:- PATSY MADONNA HAYNES (nee BONNIER) of 62 Greenslade Road, Conception Bay South, A1W 5H4, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from CHANTILLE IRENE BONNIER to CHANTILLE IRENE HAYNES CHARLOTTE ALBERTA BONNIER to CHARLOTTE ALBERTA HAYNES DATED this 27th day of August, 2004.

PATSY MADONNA HAYNES (Signature of Applicant) Dec 24 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:- JENNIFER RACHEL MARY SHEPPARD of 24A Massey Crescent, Mount Pearl, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from RACHEAL CATHERINE DAKINS to RACHEL CATHERINE SHEPPARD DATED this 25th day of November, 2004.

JENNIFER SHEPPARD (Signature of Applicant) Dec 24 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:- DENISE KEEFE of P. O. Box 647, Shearstown, A0A 3V0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from RILEY RALPH ARTHUR NEIL to RILEY RALPH ARTHUR KEEFE DATED this 13th day of December, 2004.

DENISE KEEFE (Signature of Applicant) Dec 24 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:- C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR December 24, 2004 634 GAIL SMITH of 56 Daniel’s Road, CBS, A1X 6N5, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from MELISSA DALE RYAN to MELISSA DALE RYAN-SMITH DATED this 24th day of November, 2004. GAIL SMITH (Signature of Applicant) Dec 24

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 79 ST. JOHN’S, FRIDAY, DECEMBER 24, 2004 No. 52 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 152/04 NLR 153/04 NLR 154/04 NLR 155/04 NLR 156/04 NLR 157/04

The Newfoundland and Labrador Gazette December 24, 2004 807 NEWFOUNDLAND AND LABRADOR REGULATION 152/04 Cargo Securement Regulations under the Highway Traffic Act (Filed December 21, 2004) Under the authority of

section 197 of the Highway Traffic Act , I make the following regulations. Dated at St. John’s, December 20, 2004. Dianne Whalen Minister of Government Services and Lands REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application 4. Prohibition 5. General securement 6. Driver duties

PART I GENERAL PERFORMANCE CRITERIA 7. Cargo securement systems 8. Performance criteria 9. Appropriate system 10. Equivalent means of se- curement 11. Exemption 12. General 13. Minimum strength 14. Marked working load limit 15. Unmarked devices 16. Steel strapping 17. Blocking systems 18. Rub rails 19. Timber 20. Placement of cargo 21. Prevention of rolling 22. Tiedown tension

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 808 23. Tiedown edge protectors 24. Tiedown working load limit 25. Tiedown minimum number 26. Application to front end structures 27. Height and width 28. Strength 29. Penetration resistance

PART II SECUREMENT BY CARGO TYPE 30. Application 31. Sand, gravel and crushed stone 32. Fish 33. Application re: logs 34. Vehicle transporting logs 35. Log configuration 36. Securement system 37. Shortwood loaded crosswise 38. One stack of shortwood loaded crosswise 39. Two stacks of shortwood loaded crosswise 40. Long vehicles carrying shortwood loaded crosswise 41. Shortwood loaded length- wise 42. Longwood loaded length- wise 43. Pole trailers 44. Application to dressed lum- ber 45. Side by side 46. Securement for dressed lumber 47. Bundles blocked for lateral movement by stakes 48.

Bundles restrained by block- ing 49. Bundles on top of other bundles or on spacers 50. Layers of bundles 51. Application to metal coils 52. Coils transported with eyes vertical 53. Coils transported with eyes crosswise 54. Coils transported with eyes lengthwise 55. Rows of coils 56. Prohibition 57. No anchor points 58. Application to paper rolls 59. Friction mats 60. Chocks, wedges and block- ing 61. Banding 62. Single layer of paper roll, eyes vertical in sided vehicle 63. Split cargo with eyes vertical 64. Stacked paper rolls with eyes vertical 65. Single layer, eyes crosswise 66. Rear doors 67.

Stacked cargo , eyes cross- wise in sided vehicle 68. Single layer transported eyes lengthwise 69. Stacked rolls transported eyes lengthwise 70. Cargo on flatbed or curtain sided vehicle with eyes lengthwise 71. Cargo on flatbed or curtain sided vehicle with eyes crosswise 72. Application to concrete pipes 73. Definition 74. Tiedowns 75. Blocking 76. Multi sized pipe 77. Arranging layers 78. Bell pipe 79. Single or bottom layer small pipe 80. Tiedowns for securing layers 81. Top layer, small pipes 82. Large pipes 83. Application to intermodal containers 84. Internodal container on container chassis vehicle 85.

Loaded intermodal container on other vehicles 86. Empty intermodal container on other vehicles 87. Application to vehicles as cargo 88. Light vehicles 89. Heavy vehicles 90. Flattened or crushed light vehicles 91. Prohibition 92. Securement for immobilized stacks of flattened vehicles

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 809 93. Containment of loose parts 94. Application to roll on, roll off and hook lift containers 95. Replacement of securing devices 96. No integral securement system 97. Application to boulders 98. Positioning on vehicle 99. Tiedowns 100. Number of tiedowns

PART III INSPECTION, OFFENCE, PENALTIES 101. Detention of vehicle or cargo 102. Offence 103. Repeal 104. Commencement

Schedule A

Schedule B 1. These Regulations may be cited as the Cargo Securement Regu- lations. 2. In these regulations (a) "Act" means the Highway Traffic Act; (b) "anchor point" means the part of the structure, fitting or at- tachment on a vehicle or cargo to which a tiedown is at- tached; (c) "bell pipe" means concrete pipe with a flanged end that is bigger in diameter than the barrel; (d) "blocking" means a substantial structure, device or

article placed against or around cargo to prevent horizontal move- ment; (e) "bolster" means a transverse, load bearing, structural hori- zontal component of a bunk-securing device; (f) "boulder" means a single piece of natural or quarried, irregu- larly shaped rock that (

i) weighs 5 000 kilograms or more, or (ii) has a volume of more than 2 cubic metres; (g) "bracing" means a structure, device or

article placed against another structure, device or

article to prevent tipping;

Short title

Definitions

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 810 (h) "bulkhead" means a vertical barrier across a vehicle to pre- vent the cargo moving forward; (i) "bundle" means articles that have been unitized for the pur- pose of securing them as a single

article with a uniform shape; (j) "bunk" means a horizontal bolster that (

i) is installed transversely across a vehicle, and (ii) is fitted with a stake at each end; (k) "cab shield" means a vertical barrier (

i) placed directly behind the cab of a truck or truck tractor, and (

i) capable of protecting the dr iver if cargo moves forward; (l) "cargo" means all articles or material carried by a vehicle, including those used in the operation of the vehicle but does not include passengers; (m) "cargo securement system" means the method by which cargo is contained or secured and includes vehicle structures, securing devices and all components of the system; (n) "carrier" has the same meaning as in the Carrier Safety Regulations; (n) "chock" means a tapered or wedge-shaped part used to pre- vent round articles from rolling; (o) "cleat" means a short piece of material nailed to the deck to reinforce blocking; (p) "Code" means the Cargo Securement Code being the Na- tional Safety Code Standard Number 10; (q) "coil bunk" means a device th at keeps the timbers supporting a metal coil in place;

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 811 (r) "contained" with respect to cargo means that (

i) the cargo fills a sided vehicle, (ii) every

article is in contact with or close to a wall or other articles, and (iii) the cargo cannot move or tip; (s) "container chassis vehicle" means a vehicle specifically built for and fitted with locking devices for the transport of inter- modal containers; (t) "cradle" means a structure th at holds a circular

article and prevents it from rolling; (u) "cylinder well" means the depression formed between 2 cy- lindrical articles when they ar e laid against each other with their eyes horizontal and parallel; (v) "deck" means the floor of a vehicle onto which the cargo is loaded; (w) "dunnage" means loose materi al used to support and protect cargo; (x) "duty status" means, in respect of a driver, any of the follow- ing periods: (

i) off-duty time spent in a sleeper berth; (ii) off-duty time, other than time spent in a sleeper berth; (iii) driving time; or (iv) on-duty time, other than driving time; (y) "edge protector" means a device put on the exposed edge of an

article of cargo (

i) to protect a tiedown or the

article from damage, or (ii) to distribute tiedown forces over a greater area;

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 812 (z) "fish" includes fish, crust aceans, molluscs, marine animals and parts, products and by-products of them; (aa) "flatbed vehicle" means a vehicle with a deck but no perma- nent sides; (bb) "forward" with respect to a vehicle means towards the cab or engine; (cc) "frame vehicle" means a ve hicle for transporting logs that has a skeletal structure fitted with a front bunk and a rear bunk that together cradle a stack of logs as an integral part of the vehicle; (dd) "friction mat" means a de vice placed between a deck and cargo, or between articles of cargo, that increases the friction between them; (ee) "front end structure" means a vertical barrier across the front of a deck that prevents cargo moving forward; (ff) "heavy vehicle" means (

i) a vehicle that weighs more than 4 500 kilograms, or (ii) equipment or machiner y that operates on wheels or tracks and weighs more than 4500 kilograms; (gg) "hook-lift container" means a specialized container that is loaded and unloaded onto a tilt frame body by an articulating hook-arm; (hh) "integral locking device" means a device that is designed and used to restrain an

article of cargo by connecting and locking attachment points on the

article to anchor points on the vehicle; (ii) "integral securement system" means a roll-on/roll-off con- tainer or a hook-lift container and the vehicle used to trans- port them which are equipped with compatible front and rear hold-down devices which secure the container to the vehicle;

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 813 (jj) "intermodal container" means a reusable, transportable con- tainer that is specially designed with integral locking devices to secure it to a container chassis vehicle; (kk) "large pipe" means concrete pipe with an inside diameter of more than 114.3 centimetres; (ll) "lengthwise" means along th e vehicle from the cab or tongue at the front to the rear; (mm) "light vehicle" means (

i) an automobile, truck or van that weighs 4 500 kilograms or less, or (ii) a piece of equipment or machinery that operates on wheels or tracks and weighs 4 500 kilograms or less; (nn) "log" includes a utility pole, a treated pole and a building component of a log cabin; (oo) "longwood" means logs longer than 4.9 m; (pp) "pallet" means a platform or tray on which cargo is placed so that it can be handled as a unit; (qq) "pole trailer" means a trailer with a frame that consists only of a drawbar; (rr) "rail vehicle" means a vehicle fitted with stakes at the front and rear to contain logs loaded crosswise; (ss) "restrain" includes prevent from tipping or moving; (tt) "roll-on, roll-off containe r" means a specialized container which is loaded and unloaded onto a tilt frame body by a lifting mechanism in conjunction with rollers which are fixed to the container; (uu) "rub rail" means a rail along the side of a vehicle that pro- tects the side of the vehicle from impact;

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 814 (vv) "securing device" means a device specifically designed and manufactured to attach, restrain or secure cargo; (ww) "shoring bar " means a device placed transversely between the walls of a vehicle and cargo to prevent the cargo from tipping or moving; (xx) "shortwood" means logs that are not more than 4.9 metres long; (yy) "sided vehicle" means a ve hicle, including a van, a dump bodied vehicle and a sided intermodal container carried by vehicle, with a cargo compartm ent that is enclosed on all sides by walls (

i) that are str ong enough to contain the cargo, and (ii) that may have latched openings for loading and unload- ing; (zz) "small pipe" means concrete pipe with an inside diameter of up to 114.3 centimetres; (aaa) "spacer" means material placed under an article, or between layers of articles, to make loading and unloading easier; (bbb) "stack", in reference to crushed vehicles, means a bounded bundle not more than 6 crushed vehicles where no move- ment can occur between vehicles; (ccc) "stake" means a part, including a standard, that (

i) is mounted close to vertical on a vehicle frame or as part of a bunk, and (ii) that immobilizes cargo placed against it; (ddd) "strapping" means tensione d strips of material that are clamped or crimped back on themselves; (eee) "tiedown" means a combina tion of securing devices that are attached to one or more anchor points on a vehicle;

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 815 (fff) "transport" means the carriag e of cargo by a vehicle while on a highway; (ggg) "unitized" means wrapped, banded or bound together so that several articles can be handled as a single

article of cargo or behave as a single article; (hhh) "vehicle" means a truck, truck tractor, individually or in combination with one or more semi trailers or trailers; (iii) "void filler" means material that is (

i) used to fill a space betwee n the cargo and the structure of the vehicle, and (ii) is strong enough to prevent the cargo from moving; and (jjj) "working load limit" means the maximum load that may be applied to a component of a cargo securement system during normal service determined in accordance with sections 11 to 25. 3. These regulations apply to (

a) a vehicle transporting cargo on a highway in the province; (

b) a vehicle that exceeds a regi stered gross vehicle weight of 4500 kilograms; and (

c) cargo transported by an intermodal container. 4.

(1) A person shall not operate a vehicle to carry or transport cargo except in accordance with these regulations.

(2) A carrier shall not permit a dr iver to operate a vehicle where the cargo transported in or on the ve hicle is not contained, immobilized or secured in accordance with these regulations.

(3) A driver shall not operate a vehicle where the cargo trans- ported in or on that vehicle is not contained, immobilized or secured in accordance with these regulations. Application Prohibition

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 816 5. Notwithstanding paragraphs 2(hhh) and 3(a), cargo transported by a vehicle as defined in the Act shall be contained, immobilized or secured so that it cannot (

a) leak, spill, blow off, fall fr om, fall through or otherwise be dislodged from the vehicle; and (

b) shift upon or within the vehicle that transports the cargo to such an extent that the vehicle’s stability or manoeuvrability is adversely affected. 6.

(1) The driver of a vehicle shall (

a) inspect the vehicle to confirm that the vehicle’s tailgate, tail- board, doors, tarpaulins, spare tire, and other equipment used in its operation, are secured, (

b) ensure that the cargo does not interfere with the driver’s ability to drive the vehicle safely, and (

c) ensure that the cargo does no t interfere with the free exit of a person from the cab or driver’s compartment of the vehicle.

(2) The driver of a vehicle shal l inspect the vehicle’s cargo and the cargo securement system used and make necessary adjustments: (

a) before driving the vehicle, and (

b) not more than 80 kilometres from the point where the cargo was loaded.

(3) The driver of a vehicle shal l re-inspect the vehicle’s cargo and its cargo securement system and make necessary adjustments to the cargo or cargo securement system as necessary, including adding more securing devices, at the earliest of the time (

a) there is a change of duty status of the driver, (

b) the vehicle has been driven for 3 hours; or (

c) the vehicle has been driven for 240 kilometres. (4) Subsections (2) and (3) do not apply to a driver where General securement Driver duties

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 817 (

a) the cargo is sealed in a vehicle and the driver has been or- dered not to open it to inspect the cargo; or (

b) the vehicle is loaded in a manner that makes the cargo, or portions of the cargo, inaccessible.

(5) The driver of a vehicle transporting logs, before the vehicle enters a highway from a private road, shall (

a) inspect the vehicle, the logs and the securing devices to en- sure compliance with this Standard; and (

b) make necessary adjustments to the securing devices, includ- ing adding more securing devices.

PART I GENERAL PERFORMANCE CRITERIA 7.

(1) Cargo securement systems, and each component of a system, used to contain, immobilize or secure cargo on or within the vehicle shall be strong enough to withstand the forces described in subsection 8(1).

(2) The components of the cargo securement system of a vehicle shall (

a) be in proper working order; (

b) be fit for the purpose for which they are used; (

c) shall have no knots, damaged or weakened components that will adversely affect their performance for cargo securement purposes; and (

d) not have any cracks or cuts.

(3) A securing device or integral locking device used to secure cargo to a vehicle shall itself be s ecured in a manner that prevents it from becoming unfastened while the vehicle is on a highway. 8.

(1) The cargo securement system shall be capable of withstand- ing the forces that result if the vehi cle is subjected to each of the fol- lowing accelerations Cargo securement systems Performance criteria

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 818 (a) 0.8 g deceleration in a forward direction; (b) 0.5 g deceleration in a rearward direction; (c) 0.5 g acceleration in either sideways direction.

(2) The cargo securement syst em shall provide a downward force equal to at least 20 % of the we ight of an

article of cargo if the

article is not fully contained within the structure of the vehicle.

(3) The load on a component of a cargo securement system that reacts to a force referred to in subsection (1) or (2), shall not exceed the working load limit of the component. 9.

(1) The cargo securement system used to contain, immobilize or restrain cargo shall be appropriate for the size, shape, strength and characteristics of the cargo.

(2) The securing devices used to secure cargo on or within a vehicle shall be (

a) designed and constructed for the purpose for which they are used; and (

b) used and maintained in accordance with the manufacturer’s instructions. 10. Where cargo transported by a vehicle is contained, immobilized or secured in accordance with the requirements of sections 12 to 21, 22 to 29 and

Part II, it meets the requirements of

section 8. 11.

(1) Sections 12 to 21 do not apply to the transport of a commod- ity in bulk that lacks structure, fixed shape or is fluid that is transported in a (

a) tank, hopper box or container that is manufactured as part of a vehicle which does the transporting; or (

b) vehicle that is specifically manufactured to transport that commodity.

(2) Where a vehicle has been specifically designed to transport a commodity, the registrar may require the original vehicle manufacturer Appropriate system Equivalent means of securement Exemption

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 819 to certify, in writing, that the vehicle has been designed to carry that commodity and that the securement method for that commodity meets or exceeds the requirements of these regulations. 12. Cargo shall be firmly immobilized or secured on or within a vehicle by structures of adequate strength, blocking, bracing, dunnage or dunnage bags, shoring bars, tiedowns or a combination of these. 13.

(1) In this section, the "aggregate working load limit" is the sum of 1/2 of the working load limit for each end

section of a tiedown that is attached to an anchor point.

(2) The aggregate working load limit of the cargo securement system used to secure an

article of cargo on or within a vehicle shall not be less than 50 % of the weight of the article.

(3) The aggregate working load limit of the cargo securement system used to secure a group of articles of cargo on or within a vehicle shall be not less than 50% of the total weight of the group. 14.

(1) The working load limit of a tiedown or a component of a tiedown that is marked by its manufacturer with a numeric working load limit is the marked working load limit.

(2) A tiedown or a component of a tiedown that is marked by its manufacturer in accordance with a standard referred to in

Schedule B attached to these regulations has a working load limit equal to that standard.

(3) A chain that is marked by the manufacturer in accordance with the table of working load limits in

Schedule B attached to these regulations has a working load limit equal to the amount shown for the grade and size.

(4) On and after January 1, 2010, a person shall not use a tie- down or a component of a tiedown to secure cargo to a vehicle unless it is marked by the manufacturer with respect to its working load limit. 15.

(1) This

section applies to securing devices used to secure cargo to a vehicle that are not marked by the manufacturer with a working load limit. General Minimum strength Marked working load limit Unmarked devices

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 820

(2) Chain shall have a working load limit equal to that of the same size of grade 3 proof coil referred to in

schedule A.

(3) Synthetic webbing that is not marked by its manufacturer shall have the working load limit referred to in

schedule A based on its width.

(4) Wire rope shall have the working load limit referred to in

schedule A based on its diameter.

(5) Manila rope shall have the working load limit referred to in

schedule A. based on its diameter

(6) Polypropylene fibre rope, polyester fibre rope, nylon rope and double braided nylon rope shall have the working load limit re- ferred to in

schedule A based on its diameter.

(7) Synthetic cordage that is not marked or labelled to identify its composition shall have the working load limit referred to in

schedule A based on its diameter.

(8) Steel strapping shall have the working load limit referred to in

schedule A based on its width.

(9) A friction mat which is not marked by the manufacturer with a working load limit shall be considered to provide resistance to hori- zontal movement equal to 50% of the weight of the cargo resting on the mat.

(10) A tiedown or a component of a tiedown that is not referred to in subsections (2) to (9) shall have a working load limit equal to the working load limit of the lowest grade or classification assigned in ac- cordance with

schedule A. 16.

(1) Steel strapping that is 2.54 centimetres wide or wider used to secure cargo to a vehicle shall have at least 2 pairs of crimps in each seal.

(2) An end-over-end lap joint formed in steel strapping used to secure cargo to a vehicle shall be sealed with at least 2 seals. 17. The aggregate working load limit of the components of a block- ing system used as a unique form of securement to prevent an

article of Steel strapping Blocking systems

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 821 cargo from moving forward, including tiedowns used as blocking, shall not be less than 50% of the weight of the

article being blocked. 18. The securing devices used on or within a vehicle shall, wherever practical, be located inboard the ru b rails where the vehicle has rub rails. 19. Timber used on or within a ve hicle as dunnage, chocks or cra- dles or for blocking or bracing shall be strong enough so that it will not be split or crushed by the cargo or the tiedowns. 20. Where articles of cargo on or within a vehicle are placed beside each other and secured by tiedowns th at pass over 2 or more articles, the articles shall be (

a) placed in direct contact with each other, or (

b) prevented from moving towards each other while the vehicle is on a highway. 21. Where a cargo or portion of cargo may roll, it shall be restrained by chocks, wedges, a cradle or another securing device that prevents the cargo from rolling. 22.

(1) A tiedown used to secure cargo to a vehicle shall be de- signed, constructed and maintained so that the driver of the vehicle can tighten it.

(2) The driver of a vehicle sha ll ensure that tiedowns are taut while the vehicle is on a highway. (3) Subsection (1) does not apply to steel strapping.

(4) A tiedown used to secure cargo to a vehicle shall be used in a manner that prevents the tiedown from slipping, loosening, unfasten- ing, opening or releasing while the vehicle is on a highway.

(5) A tiedown used to secure stacked articles of cargo shall be considered to contribute to the securement of all articles of cargo on which that tiedown causes pressure Rub rails Timber Placement of cargo Prevention of rolling Tiedown tension

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 822 23.

(1) An edge protector shall be used where a tiedown would be subject to abrasion or cutting at the point where it touches an

article of cargo.

(2) An edge protector used between a tiedown and cargo shall be resistant to abrasion, cuts and crushing.

(3) An edge protector used between a tiedown and cargo shall allow the tiedown to slide freely when it is tightened or loosened. 24.

(1) Subject to subsection (2), the working load limit of a tie- down, associated connector or attachment mechanism is the lesser of (

a) the lowest working load limit of the components, or (

b) the lowest working load limit of the anchor points or associ- ated connector or attachment mechanism to which the tie- down is attached.

(2) The working load limit of a tiedown that includes synthetic webbing is the least of (

a) the working load limit of the synthetic webbing assembly, or (

b) the lowest working load limit of the components, o (

c) the working load limit of the anchor point to which the tie- down is attached. 25.

(1) Cargo transported by a vehicle shall be secured using the number of tiedowns calculated under subsection (2) or (3).

(2) Where an individual

article of cargo is not blocked or im- mobilized by a front end structure, bulkhead, by other immobilized cargo or by another device that prevents it moving forward, it shall be secured by at least (

a) one tiedown where the

article is 1.52 metres or shorter and weighs not more than 500 kilograms; (b) 2 tiedowns where the

article is Tiedown edge protectors Tiedown working load limit Tiedown minimum number

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 823 (i) 1.52 metres or shorter and weighs more than 500 kilo- grams, or (ii) longer than 1. 52 metres but not longer than 3.04 metres regardless of its weight; or (

c) where the

article is longer than 3.04 metres (i) 2 tiedowns for the first 3.04 metres of length, and (ii) one extra tiedown for each additional 3.04 metres or fraction of 3.04 metres.

(3) Where an individual

article of cargo is blocked or immobi- lized by a front end structure, bulkhead, by other immobilized cargo or by another device to prevent it moving forward, it shall be secured by at least (

a) one tiedown where the

article is not longer than 3.04 meters; or (

b) where the

article is longer than 3.04 metres (

i) one tiedown for the first 3.04 metres of length, and (ii) one extra tiedown for each additional 3.04 metres or fraction of 3.04 metres.

(4) Notwithstanding subsection (1), where a vehicle is transport- ing machinery or fabricated structur al items that must be secured by special methods because of their desi gn, size, shape or weight, the spe- cial methods shall (

a) adequately secure any

article of the cargo; and (

b) be properly used in accorda nce with the manufacturer’s in- structions. 26.

(1) Sections 26 to 29 apply to a vehicle transporting cargo that is in contact with the front-end structure of the vehicle.

(2) Notwithstanding subsection (1), where devices are used on a vehicle that perform the same function as the front end structure of a Application to front end structures

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 824 vehicle, the devices shall be at least as strong as and provide the same protection as a front end structure that complies with sections 26 to 29.

(3) A cab shield shall not be considered to be a front end struc- ture or part of a cargo securement system. 27.

(1) The height of the front end structure of the vehicle shall not be shorter than the shorter of (

a) the height at which it prevents the cargo from moving for- ward; and (b) 122 centimetres above the deck.

(2) The width of the front end structure of a vehicle shall not be narrower than the narrower of (

a) the width of the vehicle, and (

b) the width at which it prevents the cargo being transported from moving forward. 28.

(1) The front end structure of a vehicle shall be able to with- stand a horizontal forward static load equal to 50% of the total weight of the cargo where (

a) the height of the front end structure is shorter than 1.83 me- tres; and (

b) the cargo is uniformly distributed over all of the front end structure.

(2) The front end structure of a vehicle shall be able to with- stand a horizontal forward static load equal to 40% of the total weight of the cargo where (

a) the height of the front end structure is 1.83 metres. or higher; and (

b) the cargo is uniformly distributed over all of the front end structure. Height and width Strength

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 825 29.

(1) The front-end structure of the vehicle shall be able to resist penetration by an

article of cargo that contacts it when the vehicle de- celerates at a rate of 6.1 metres per second per second.

(2) The front-end structure of the vehicle shall not have an opening or gap that is big enough to permit an

article of cargo to pass through it.

PART II SECUREMENT BY CARGO TYPE 30.

(1) This Part applies in addition to and not instead of

Part I.

(2) Where a requirement for containing, immobilizing or secur- ing cargo transported by a vehicle required under this Part differs from a requirement under

Part I, the provisions of this Part apply. 31.

(1) Where a vehicle that is op erating on a highway in the prov- ince is carrying a load of sand, grav el, crushed stone, slag, salt or a mixture of them in the form of particles of up to 40 millimetres in di- ameter or is carrying waste or scrap metal, the (

a) portion of the load that is no t enclosed by the vehicle or load container shall be covered with a covering made of tarpau- lin, canvas, net or other material capable of confining the load within the vehicle or load container; and (

b) container shall be designed to prevent a leakage of liquids or other material or, where the lo ad is not enclosed in a con- tainer, the vehicle shall be equipped in a manner that pre- vents a leakage of liquids or other material. (2) Paragraph (1)(

a) does not apply to a vehicle being operated in the course of (

a) applying brine, sand, salt, mixture of sand and salt or a simi- lar substance on the highway for the purpose of Winter highway maintenance; (

b) carrying sand, gravel, crushed stone or slag, of which not less than 90% shall be clear aggregate, where the highest point of the load does not extend above the top of the vehicle or load container and the perimeters of the load are not less Penetration resis- tance Application Sand, gravel and crushed stone

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 826 than 30 centimetres beneath th e top of the vehicle or load container; and (

c) carrying materials to highways to increase driving traction during the months of December, January, February and March, including sand, gravel, crushed stone, slag or salt where the highest point of the load does not extend above the top of the vehicle or load container and the perimeters of the load are not less than 30 centimetres beneath the top of the vehicle or load container.

(3) Paragraph 1(

b) does not apply where a vehicle is being oper- ated in the course of applying brine, sand, salt, a mixture of sand and salt or a similar substance to a high way for the purpose of winter high- way maintenance.

(4) In subsection (2), "clear aggregate" means gravel, crushed stone or slag in the form of particles that are no less than 10 millimetres in diameter and not more than 40 millimetres in diameter. 32. Liquid and waste associated with the transport of fish in a con- tainer must be prevented from leaking from the container in which it is held or, where the liquids are not kept in a container, must be prevented from leaking from the vehicle by fitting the vehicle with a drip tank of sufficient volume and design to contain any liquid from that fish. 33.

(1) Sections 34 to 43 apply to the transportation of logs that (

a) are not unitized; or (

b) are part of a cargo that has more than 4 processed logs.

(2) Sections 34 to 43 do not apply to firewood, stumps, log de- bris or logs that are transported in a vehicle or container that is enclosed on all sides and strong enough to contain them. (3) Subsections 13(2) and (3) do not apply to sections 34 to 43. 34.

(1) A vehicle that is transporting logs shall be designed, built or specially adapted for such transportation.

(2) The vehicle shall be fitted with bunks, bolsters, stakes or other means of cradling the logs and preventing them from shifting. Fish Application re: logs Vehicle transporting logs

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 827

(3) Stakes that are not permanen tly attached to the vehicle frame or bunk shall be secured in a manner that prevents the stakes from sepa- rating from the vehicle while it is on a highway. 35.

(1) Logs shall be solidly packed on a vehicle.

(2) The outer logs in the bottom layer of logs shall touch and rest solidly against a bunk, bolster or stake

(3) Outside logs on a stack of logs shall (

a) touch at least 2 bunks, bolsters or stakes, or (

b) where one end of a log does not touch a bunk, bolster or stake, it shall (

i) rest on other logs in a stable manner, and (ii) extend beyond the end of the bunk, bolster or stake.

(4) The centre of the highest outside log on each side or end of the vehicle shall be lower than the tops of the bunks or stakes.

(5) The upper logs that form the top of the cargo shall be crowned. 36.

(1) Tiedowns shall be used to secure the load, in combination with bunks, bolsters, stakes, or other means of cradling the logs.

(2) Sufficient additional tiedowns or other securing devices shall be used to ensure that no part of the cargo becomes dislodged where (

a) the wood’s condition results in such low friction between logs that they may slip against each other; or (

b) a log is not held in place by contact with other logs or by the bunks, bolsters or stakes. 37.

(1) This

section and sections 38 to 40 apply to shortwood loaded crosswise on a frame, rail or flatbed vehicle other than a pole trailer. Log configuration Securement system Shortwood loaded crosswise

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 828

(2) The end of a log in the lower layer of shortwood shall not extend more than 1/3 of the log’s total length beyond the nearest sup- porting structure on the vehicle. 38.

(1) Notwithstanding

section 25, where only one stack of short- wood is loaded crosswis e, the stack shall be secured by at least 2 tie- downs arranged as follows: (

a) the tiedowns shall attach to the vehicle frame at the front and rear of the load, and shall cross the load lengthwise; (

b) the tiedowns shall be positioned at approximately one-third and two-thirds of the length of the logs.

(2) A vehicle built on or after January 1, 2010 shall be equipped with a device that maintains a tension not less than 900 kg at all times, and automatically takes up slack in the tiedown as the logs settle. 39.

(1) Notwithstanding

section 25, where 2 stacks of shortwood are loaded crosswise and side-by-side on a vehicle, they shall be loaded so that (

a) there is no space between the 2 stacks; (

b) the outside of each stack is raised by a piece of metal at least 25 millimetres high within 10 centimetres of the end of the logs or the side of the vehicle and causes the load to lean to- ward the centre to the vehicle; (

c) the highest log is not more than 2.44 metres above the deck; and (

d) at least one tiedown used lengthwise across each stack shall (

i) be located approximately midway between the bunks or stakes, and (ii) attach to the vehicle fram e at the front and rear of the load.

(2) A vehicle built on or after January 1, 2010 shall be equipped with a device that maintains a tension not less than 900 kg at all times, and automatically takes up slack in the tiedown as the logs settle. One stack of short- wood loaded cross- wise Two stacks of shortwood loaded crosswise

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 829 40.

(1) A vehicle that is more than 10 metres long transporting shortwood loaded crosswise shall ha ve centre stakes, or comparable structures, that divide its length into 2 approximately equal sections.

(2) Where the vehicle is divide d by centre stakes, each tiedown shall (

a) secure the highest log on eac h side of the centre stake; and (

b) be fastened below that highest log.

(3) Where the vehicle is divide d by centre stakes, each tiedown shall (

a) be fixed at each end and tensioned from the middle; (

b) be fixed in the middle an d tensioned from each end; or (

c) pass through a pulley or similar device in the middle of the tiedown and be tensioned from one end.

(4) Where a stake or other stru cture on a vehicle transporting shortwood loaded crosswise is subj ected to an upward force when the tiedowns are tightened, the stake or ot her structure shall be anchored to resist that force. 41.

(1) Notwithstanding

section 25, each stack of shortwood loaded lengthwise on a frame vehicle or flatbed vehicle, other than a pole trailer, shall be secured to the vehicle by 2 or more tiedowns.

(2) Notwithstanding subsection (1), a stack of shortwood loaded lengthwise on a frame vehicle or flatbed vehicle, other than a pole trailer, shall be secured to the ve hicle with a single tiedown located approximately midway between the bun ks or stakes where all the logs in the stack (

a) are shorter than 3.04 metres; (

b) are blocked in the front by a front end structure strong enough to restrain the cargo or by another stack; and (

c) are blocked in the rear by another stack or the vehicle’s end structure. Long vehicles carrying shortwood loaded crosswise Shortwood loaded lengthwise

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 830

(3) The aggregate working limit of tiedowns used to secure each stack shall be at least 1/6 of the weight of the stack. 42.

(1) Notwithstanding

section 25, a stack of longwood loaded lengthwise on a frame or flatbed vehicle, other than a pole trailer, shall be secured to the vehicle by 2 or more tiedowns.

(2) The aggregate working limit of tiedowns used to secure each stack shall be at least 1/6 of the weight of the stack.

(3) The outside logs of a stack of longwood shall be secured by 2 or more tiedowns. 43.

(1) This

section applies to logs, regardless of the length of indi- vidual logs, transported on pole trailers.

(2) Notwithstanding

section 25, the logs shall be secured by (

a) one or more tiedowns at each bunk; or (b) 2 or more tiedowns used as wrappers that encircle the entire stack of logs at sufficient loca tions along the stack to secure it effectively.

(3) Where wrappers are used on a stack of logs, the wrappers at the front and rear ends of the stack shall be not less than 3.04 metres apart.

(4) Where the vehicle is transporting one or 2 logs with diame- ters greater than 0.6 metre, each lo g shall be individually immobilized with chock blocks or an equally effective method that prevents the logs from moving.

(5) Where a log with a diameter greater than 0.6 metre rises above the bunks, it shall be secured to the underlying logs with at least 2 additional tiedowns used as wrappers. 44.

(1) Sections 45 to 50 apply to the transportation of (

a) bundles of dressed lumb er and packaged lumber; and (

b) unitized building products, including plywood, gypsum board or other materials of similar shape. Longwood loaded lengthwise Pole trailers Application to dressed lumber

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 831

(2) For the purposes of sections 45 to 50, "bundle" means the material referred to in subsection (1). 45. Where bundles are placed side by side (

a) bundles shall be in direct contact with each other; or (

b) a method shall be used that prevents the bundles from mov- ing towards each other. 46. Bundles carried in 2 or more layers shall be secured in accor- dance with sections 47 to 50. 47. Bundles carried in 2 or more layers which are blocked against lateral movement by stakes on the sides of the vehicle shall be secured by tiedowns laid out over the top layer, as outlined in

section 25. 48. Bundles carried in 2 or more layers which are restrained from lateral movement by blocking or high friction devices between layers shall be secured by tiedowns laid out over the top tier, as outlined in

section 25. 49.

(1) Bundles carried in 2 or more layers placed directly on top of other bundles or on spacers of adequate size and orientation, shall be secured by (

a) tiedowns over the top layer of bundles, in accordance with

section 25, with a minimum of 2 tiedowns for bundle(

s) longer than 1.52 metres, and (

b) tiedowns over the second layer of bundles, or at 1.85 metres above the vehicle deck, whicheve r is greater, or not over 1.85 metres above the deck for other multiple layers in ac- cordance with the provisions of

section 25, for each stack of bundles composed of more than 2 layers.

(2) Where spacers are used, (

a) the length of spacers betwee n bundles shall provide support to all pieces in the bottom row of the bundle; and (

b) the width of individual spacers shall be equal to or greater than the height, and Side by side Securement for dressed lumber Bundles blocked for lateral movement by stakes Bundles restrained by blocking Bundles on top of other bundles or on spacers

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 832 (

c) spacers shall provide goo d interlayer friction, and (

d) where spacers are comprised of layers of material, the layers shall be unitized or fastened together in a manner which en- sures that the spacer performs as a single piece of material. 50. Bundles carried in 2 or more layers shall secured by tiedowns laid out over each layer of bundles , in accordance with

section 25 with a minimum of 2 tiedowns over each top bundle longer than 1.52 me- tres, in all other circumstances. 51. Sections 52 to 57 apply to a flatbed vehicle or a sided vehicle or intermodal container that is transporting one or more metal coils that individually or grouped together have a total weight of 2268 kilograms or more. 52.

(1) This

section applies to coils transported with the eyes verti- cal by a vehicle or an intermodal container with anchor points.

(2) Where a vehicle is transporting a single coil or several coils which are not grouped in a row, each coil shall be secured by tiedowns arranged in a manner that prevents the coil from tipping forward, rear- ward, or sideways.

(3) The securement system for the coils shall include (

a) at least one tiedown attached diagonally from the left side of the vehicle near the forward-most part of the coil, across the eye of the coil, to the right side of the vehicle near the rear- most part of the coil; (

b) at least one tiedown attached diagonally from the right side of the vehicle near the forward- most part of the coil, across the eye of the coil, to the left side of the vehicle near the rearmost part of the coil; (

c) at least one tiedown attached across the eye of the coil; and (

d) blocking and bracing, friction mats or tiedowns that prevent the coil from moving forward. Layers of bundles Application to metal coils Coils transported with eyes vertical

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 833

(4) Where a vehicle is transporting coils that are grouped and loaded side by side in a transverse or lengthwise row, each row shall be secured by (

a) at least one tiedown against the front of the row, restraining against forward movement, and where practical, making an angle of not more than 45 de grees with the deck when viewed from the side (

b) at least one tiedown against the rear of the row, restraining against rearward movement, and where practical, making an angle of not more than 45 de grees with the deck when viewed from the side; (

c) at least one tiedown over the top of each coil or each trans- verse row of coils, restraining against vertical movement, and (

d) tiedowns shall be arranged to prevent shifting and tipping in the forward, rearward and lateral directions.

(5) Subject to subsections (2), (3) and (4) a tiedown going over the top of a coil shall be as close as practical to the eye of the coil. 53.

(1) This

section applies to coils transported with the eyes cross- wise by a vehicle or an intermodal container with anchor points.

(2) Each coil shall be immobilized with timbers, chocks or wedges, a cradle or other device that (

a) prevents the coil from rolling, (

b) supports the coil off the deck, and (

c) is not capable of becoming unfastened or loose while the vehicle is on a highway.

(3) Where timbers, chocks or wedges are used to secure a coil, they shall be held in place by coil bunks or similar devices to prevent the blocking device from coming loose.

(4) Each coil shall be secured with Coils transported with eyes crosswise

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 834 (

a) at least one tiedown through its eye, restricting against for- ward movement, and where practical making an angle of not more than 45 degrees with th e deck when viewed from the side; and (

b) at least one tiedown through its eye, restricting against rear- ward movement, and where practical, making an angle of not more than 45 degrees with the deck when viewed from the side. 54.

(1) This

section applies to an individual metal coil transported with the eye lengthwise by a vehicle or an intermodal container with anchor points.

(2) Each coil shall be immobilized by timbers, chocks or wedges, a cradle or another method that (

a) prevents the coil from rolling; and (

b) supports the coil off the deck; and (

c) is not capable of becoming unfastened or loose while the vehicle is on a highway.

(3) Where timbers, chocks or wedges are used to secure a coil, they shall be held in place by coil bunks or similar devices to prevent the blocking device from coming loose.

(4) In addition to the requirements under subsections (2) and (3), each coil shall be secured with (

a) at least (

i) one tiedown attached diagonally through its eye from the left side of the vehicle ne ar the forward-most part of the coil, to the right side of the vehicle near the rearmost part of the coil, making an angle of not more than 45 degrees, where practical, with the deck when viewed from the side, and (ii) one tiedown attached diagonally through its eye, from the right side of the vehicle near the forward-most part of the coil, to the left side of the vehicle near the rear- Coils transported with eyes length- wise

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 835 most part of the coil, making an angle of not more than 45 degrees, where practical, with the deck when viewed from the side, and (iii) one tiedown attached across the top of the coil, and (iv) blocking or friction mats to prevent a coil from moving lengthwise; or (

b) at least (

i) one tiedown attached straight through its eye from the left side of the vehicle near the forward-most part of the coil, to the left side of the vehicle near the rearmost part of the coil and, where practi cal, making an angle of not more than 45 degrees with the deck when viewed from the side, and (ii) one tiedown attached straight through its eye from the right side of the vehicle near the forward-most part of the coil, to the right side of the vehicle near the rearmost part of the coil and, where practical, making an angle of not more than 45 degrees w ith the deck when viewed from the side, and (iii) one tiedown attached across the top of the coil, and (iv) blocking or friction mats to prevent the coil from mov- ing lengthwise; or (

c) at least (

i) one tiedown over the top of the coil, lo cated near the forward-most part of the coil, and (ii) one tiedown over the top of the coil located near the rearmost part of the coil, and (iii) blocking or friction mats to prevent the coil from mov- ing lengthwise. 55.

(1) This

section applies to the transportation of rows of metal coils with approximately equal outside diameters. Rows of coils

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 836

(2) A transverse row of coils shall be immobilized by timbers, chocks or wedges, a cradle or another method that (

a) prevents the coils from rolling, (

b) supports the coils off the deck; and (

c) is not capable of becoming unfastened or loose while the vehicle is on a highway.

(3) Where timbers, chocks or wedges are used to secure a row of coils, they shall be held in place by coil bunks or similar devices to prevent the blocking device from coming loose.

(4) A transverse row of coils shall be secured by (

a) at least one tiedown over the top of each coil, located near the forward-most part of the coil; (

b) at least one tiedown over th e top of each coil, located near the rearmost part of the coil; and (

c) blocking or friction mats to prevent each coil from moving lengthwise. 56.

(1) The use of nailed wood blocking or cleats as the sole means to secure timbers, chocks or wedges, or a nailed wood cradle is prohib- ited when metal coils are transporte d with eyes lengthwise or eyes crosswise by a vehicle or an intermodal container with anchor points.

(2) When coils are transported with eyes crosswise, attaching tiedowns diagonally through the eye of a coil to form an X pattern when viewed from above the vehicle is prohibited. 57. Metal coils in a sided vehicle or an intermodal container without anchor points shall be secured in a manner to prevent shifting and tip- ping using a system of blocking and bracing, friction mats, tiedowns, or a combination of these. 58.

(1) Sections 59 to 71 apply to the transportation of paper rolls which individually or together weigh 2268 kilograms or more. Prohibition No anchor points Application to paper rolls

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 837

(2) Paper rolls may be secured in accordance with sections 59 to 71 where (

a) the total weight is less than 2 268 kilograms; and (

b) a single or several paper rolls are unitized on a pallet. 59. A friction mat used to provide the principal securement for a paper roll shall protrude from beneath the roll in the direction in which it is providing that securement. 60. Chocks, wedges or blocking used to secure paper rolls shall not shift or become unfastened while the vehicle is on a highway. 61. Where paper rolls are banded together, the (

a) rolls shall be placed tightly against each other to form a sta- ble group; (

b) banding shall be applied tightly and remain so; and (

c) banding shall be secured so that it cannot fall off the rolls or to the deck. 62.

(1) This

section applies to pape r rolls that are transported with the eyes vertical in a single layer in a sided vehicle.

(2) Paper rolls shall be placed tig htly against the front and both side walls of the vehicle, other paper rolls or other cargo.

(3) Where there are not enough paper rolls in a group of paper rolls to reach the walls of the vehicle, void fillers, blocking, bracing, tiedowns or friction mats shall be used to prevent the rolls moving sideways.

(4) Paper rolls may be banded together.

(5) Where a space behind a group of paper rolls, including that at the rear of the vehicle, exceeds the diameter of the paper rolls, the rolls shall be prevented from moving rearward by blocking, bracing, tiedowns or friction mats or by banding the last roll to other rolls. Friction mats Chocks, wedges and blocking Banding Single layer of paper roll, eyes vertical in sided vehicle

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 838

(6) A paper roll shall be prevented from tipping or falling side- ways or rearwards by banding it to other rolls or by using bracing or tiedowns where (

a) the vehicle’s structure or other cargo does not prevent the roll from tipping or falling sideways or rearwards, and (

b) the width of the roll is more than 2 times its diameter.

(7) A single paper roll or the forward most roll in a group of paper rolls shall be prevented from tipping or falling forward by band- ing it to other rolls or by using bracing or tiedowns where (

a) the vehicle’s structure or other cargo does not prevent the roll from tipping or falling forward; (

b) the roll is restrained against moving forward only by friction mats; and (

c) the width of the roll is more than 1.75 times its diameter.

(8) A single paper roll or the forward most roll in a group of rolls shall be prevented from tipping or falling forward by banding it to other rolls or by using bracing or tiedowns where the (

a) vehicle’s structure or other cargo does not prevent the roll from tipping or falling forward; and (

b) width of the roll is more than 1.25 times its diameter. 63.

(1) This

section applies to split cargo of paper rolls transported with the eyes vertical in a sided vehicle.

(2) Where a paper roll in a split cargo of paper rolls transported with the eyes vertical in a sided vehicle is not prevented from moving forward by the vehicle’s structure or other cargo, it shall be prevented from moving forward by (

a) filling the open space; (

b) using blocking, bracing, tiedowns, friction mats; or Split cargo with eyes vertical

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 839 (

c) using a combination of the methods in paragraphs (

a) and (b). 64.

(1) This

section applies to a stacked cargo of paper rolls trans- ported with the eyes vertical in a sided vehicle.

(2) Section 62 applies to the bottom layer in a stacked cargo of paper rolls with eyes vertical in a sided vehicle.

(3) Paper rolls shall not be loaded on top of another layer unless the layer beneath extends to the front of the vehicle.

(4) Paper rolls in the second and subsequent layers shall be pre- vented from moving forward, rearward or sideways (

a) in accordance with

section 62; or (

b) by using a blocking roll from a lower layer.

(5) A blocking roll used to prevent forward, rearward or side- ways movement shall be (

a) at least 38 millimetres taller than other rolls; or (

b) raised at least 38 millim etres using dunnage or another method.

(6) Notwithstanding subsection (5), a roll at the rear end of a layer of rolls shall not be raised using dunnage. 65.

(1) This

section applies to a single layer of paper rolls trans- ported with the eyes crosswise in a sided vehicle.

(2) The paper rolls shall be prevented from rolling or moving lengthwise by (

a) contact with the vehicle’s structure or other cargo; or (

b) chocks, wedges, blocking, bracing or tiedowns.

(3) Void fillers, blocking, bracing, friction mats or tiedowns shall be used to prevent a paper roll from moving sideways towards the side walls of the vehicle where the total space between the ends of the Stacked paper rolls with eyes vertical Single layer, eyes crosswise

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 840 paper roll, or the outer rolls in a row of paper rolls, and the walls of the vehicle is more than 203 millimetres. 66. A vehicle transporting paper rolls with the eyes crosswise shall not use the rear doors of the vehicle to (

a) secure the rearmost paper roll or layer of paper rolls; or (

b) hold blocking that secures the rearmost paper roll or layer of paper rolls. 67.

(1) This

section applies to stacked cargo of paper rolls trans- ported in a sided vehicle with the eyes crosswise.

(2) Section 65 applies to the bottom layer in a stacked cargo of paper rolls.

(3) Paper rolls shall not be loaded in a second layer unless the bottom layer extends to the front of the vehicle.

(4) Paper rolls shall not be loaded in a 3rd or higher layer unless all the cylinder wells in the layer beneath are filled.

(5) The foremost paper roll in each upper layer and a roll with an empty cylinder well in front of it shall be secured against moving forward by (

a) banding it to other paper rolls, or (

b) blocking against a secured eye-vertical blocking roll resting on the deck that is at least 1.5 times taller than the diameter of the roll being blocked; or (

c) placing it in a cylinder well formed by 2 paper rolls on the lower layer with a diameter equal to or greater than that of the paper roll on the upper layer.

(6) The rearmost paper roll in each upper layer shall be secured by banding it to other paper rolls where it is located in either of the last 2 cylinder wells formed by the rearmost paper rolls in the layer below.

(7) Void fillers, blocking, bracing, friction mats or tiedowns shall be used to prevent a paper roll from moving sideways towards the Rear doors Stacked cargo , eyes crosswise in sided vehicle

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 841 side walls of the vehicle where the total space between the ends of the paper roll, or the outer rolls in a row of paper rolls, and the walls of the vehicle is more than 203 millimetres. 68.

(1) This

section applies to paper rolls transported in a sided ve- hicle in a single layer with the eyes lengthwise.

(2) A paper roll shall be prevented from moving forward by contact with the vehicle’s structure or other cargo or by blocking or tiedowns.

(3) A paper roll shall be prevented from moving rearward by contact with other cargo or by blocking, friction mats or tiedowns.

(4) A paper roll shall be prevented from rolling or moving side- ways by contact with the vehicle’s wall or other cargo or by chocks, wedges or other blocking mechanism. 69.

(1) This

section applies to stacked cargo of paper rolls trans- ported with the eyes lengthwise in a sided vehicle.

(2) Section 68 applies to the bottom layer in a stacked cargo of paper rolls.

(3) Paper rolls shall not be loaded in a higher layer unless all the cylinder wells in the layer beneath are filled.

(4) An upper layer of paper rolls shall be formed by placing the paper rolls in the cylinder wells formed by the rolls beneath.

(5) Paper rolls in the second and higher layers shall be pre- vented from moving forward or rearward (

a) in accordance with

section 68; (

b) by using a blocking roll from a lower layer; or (

c) by banding them to other rolls. 70.

(1) This

section applies to carg o of paper rolls transported with the eyes vertical or with eyes lengt hwise on a flatbed vehicle or in a curtain sided vehicle. Single layer trans- ported eyes length- wise Stacked rolls trans- ported eyes length- wise Cargo on flatbed or curtain sided vehi- cle with eyes lengthwise

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 842

(2) The paper rolls shall be loaded and secured as described for a sided vehicle, and the entire load shall be secured by tiedowns in ac- cordance with the

section 25.

(3) Stacked loads of paper rolls with eyes vertical are prohib- ited. 71.

(1) This

section applies to carg o of paper rolls transported with the eyes crosswise on a flatbed vehicle or in a curtain sided vehicle.

(2) The paper rolls shall be prevented from rolling or shifting longitudinally by contact with vehicle structure or other cargo, by chocks, by wedges, by blocking and bracing of adequate size, or by tiedowns.

(3) When used, chocks, wedges or blocking must be held se- curely in place by some means in addition to friction so that they can- not become unfastened or loose while the vehicle is on a highway.

(4) In order to prevent lateral movement, tiedowns shall be used in accordance with the provisions of

section 25. 72.

(1) Sections 72 to 82 apply to the transportation of concrete pipes loaded transversely on a flatbed vehicle.

(2) Sections 72 to 82 do not apply to (

a) unitized concrete pipes that have no tendency to roll; or (

b) concrete pipe loaded in a sided vehicle.

(3) Section 25 does not apply to the transportation of concrete pipes to which sections 72 to 82 apply. 73. In sections 72 to 82, "pipe" means a concrete pipe. 74. A transverse tiedown running through a pipe in an upper layer or over lengthwise tiedowns is consid ered to secure all the concrete pipe in a lower layer on which that tiedown causes pressure. 75.

(1) The blocking used to secure a pipe shall comply with this section. Cargo on flatbed or curtain sided vehi- cle with eyes crosswise Application to concrete pipes Definition Tiedowns Blocking

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 843

(2) Blocking shall be placed symmetrically about the centre of the pipe.

(3) Where one piece of blocking is used it shall extend to at least ½ the distance from the centre to each end of the pipe.

(4) Where 2 pieces of blocking are used they shall be placed near each end of the pipe.

(5) Blocking shall be placed firmly against a pipe and shall be secured to prevent it moving out from under the pipe.

(6) Timber blocking shall have a minimum dimension of at least 8.9 centimetres by 14 centimetres. 76. Where the pipes to be transported on a vehicle have different diameters, (

a) pipes with the same diameter shall be grouped together, and (

b) each group shall be secured separately. 77.

(1) This

section applies to pipe arranged in layers on a vehicle.

(2) The bottom layer of pipes shall be arranged to cover the full length of the vehicle or, as a partial layer with one or 2 groups.

(3) Pipe in an upper layer shal l be placed only in the cylinder wells formed by adjacent pipes in the layer beneath.

(4) A third or higher layer of pipe shall not be formed unless all the cylinder wells in the layer beneath are filled with pipe.

(5) The top layer shall be arranged as a complete layer or, as a partial layer in one or 2 groups. 78.

(1) Bell pipe shall be loaded on at least 2 lengthwise spacers of sufficient height so that the bell is clear of the deck.

(2) Bell pipes loaded in a single layer shall have the bells alter- nating on opposite sides of the vehicle.

(3) The ends of consecutive bell pipes shall be Multi sized pipe Arranging layers Bell pipe

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 844 (

a) staggered, where possible, within the allowable width, or (

b) aligned.

(4) Stacked bell pipes shall have all the bells of the bottom layer on the same side of the vehicle.

(5) Stacked bell pipes shall be loaded with bells on the opposite side of the vehicle to the bells of the pipe in the layer beneath.

(6) Where the second layer of stacked bell pipes is not complete, the bells of the pipes in the bottom layer that do not support a pipe above shall alternate on opposite sides of the vehicle. 79.

(1) This

section applies to small pipes arranged in a single layer or in the bottom layer of stacked pipes.

(2) The front and the rear pipes of each group of pipes arranged in a single layer or in bottom layer shall be immobilized lengthwise at each end by blocking, ve hicle end structure, stakes, a locked pipe unloader or other equivalent means.

(3) Pipe that is not at the end of a group of pipes arranged in a single layer or in a bottom layer may be held in place by blocks, wedges or both.

(4) A pipe in a single layer or in the bottom layer shall be held firmly in contact with the adjacent pipe by tiedowns running through the front and rear pipes of a group of pipes: (

a) one or more tiedowns running through the front pipe of each group of pipes arranged in a single layer or in a bottom layer shall run rearward at an angle, where practical, of not more than 45 degrees with the horizontal, and (

b) one or more tiedowns running through the rear pipe of each group of pipes arranged in a single layer or in a bottom layer shall run forward at an angle, where practical, of not more than 45 degrees with the horizontal. 80.

(1) This

section applies to all cargoes of small pipes.

(2) A pipe may be secured with a tiedown running through it. Single or bottom layer small pipe Tiedowns for secur- ing layers

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 845

(3) Where each pipe is not secured individually with a tiedown (

a) one 1.27 centimetre diameter chain or wire rope or 2 0.95 centimetre diameter chains or wire ropes shall be placed lengthwise over the group of pipes, and (

b) one transverse tiedown shall be used for every 3.04 metres of cargo length.

(4) The transverse tiedowns referr ed to in subsection (3) shall be placed (

a) through a pipe on the top layer, or (

b) over the lengthwise tiedown between 2 pipes on the top layer. 81.

(1) This

section applies to small pipes in the top layer of stacked pipes.

(2) Where the first pipe of a group in the top layer is not placed in the first cylinder well formed by the pipes at the front of the layer beneath, it shall be secured by an additional tiedown that (

a) runs rearward at an angle, where practical, of not more than 45 degrees to the horizontal, and (

b) passes through the front pipe of the upper layer or outside before the front pipe of the upper layer and over the length- wise tiedown.

(3) Where the last pipe of a group in the top layer is not placed in the last cylinder well formed by the pipes at the rear of the layer be- neath, it shall be secured by an additional tiedown that (

a) runs forward at an angle, where practical, of not more than 45 degrees to the horizontal, and (

b) passes through the rear pipe of the upper layer or outside after the rear pipe of the upper layer and over the lengthwise tiedown. 82.

(1) This

section applies to the transportation of large pipe. Top layer, small pipes Large pipes

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 846

(2) The front pipe and the rear pipe in a group of pipes trans- ported on a vehicle shall be immobilized by blocking, wedges, vehicle end structure, stakes, locked pipe unloader or other equivalent means.

(3) Each pipe in the front half of the group of pipes, including the middle one where there is an od d number, shall have at least one tiedown that passes through the pipe (

a) running rearward at an angl e, where practical, of not more than 45 degrees with the horizontal; and (

b) holding the pipe firmly in contact with an adjacent pipe.

(4) Each pipe in the rear half of the group of pipes, shall have at least one tiedown that passes through the pipe (

a) running forward at an angl e, where practical, of not more than 45 degrees with the horizontal; and (

b) holding the pipe firmly in contact with an adjacent pipe.

(5) Where the front pipe in a group of pipes is not in contact with the vehicle’s end structure, stakes or other equivalent means, it shall be secured by at least 2 tie downs positioned in accordance with subsection (3).

(6) Where the rear pipe in a group of pipes is not in contact with the vehicle’s end structure, stakes, a locked pipe unloader, or other equivalent means, it shall be secured by at least 2 tiedowns positioned in accordance with subsection (4).

(7) Where the vehicle is transporting a single pipe, or several pipes that do not touch each other, a pipe shall be secured under this

section as where it were the front or rear pipe in a group of pipes. 83. Sections 84 to 86 apply to the transportation of internodal con- tainers. 84.

(1) This

section applies to th e transportation of an intermodal container on a container chassis vehicle.

(2) Notwithstanding

section 25 , an intermodal container shall be secured to the container chassis with integral locking devices Application to intermodal contain- ers Internodal container on container chassis vehicle

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 847

(3) The integral locking devices used shall restrain each lower corner of the intermodal container from moving more than (a) 1.27 centimetres forward; (b) 1.27 centimetres rearward; (c) 1.27 centimetres to the right; (d) 1.27 centimetres to the left; and (e) 2.54 centimetres vertically.

(4) The front and the rear of the intermodal container shall be independently secured. 85.

(1) This

section applies to the transportation of a loaded inter- modal container on a vehicle that is not a container chassis vehicle.

(2) All the lower corners of a loaded intermodal container shall (

a) rest on the vehicle; or (

b) be supported by a structure (

i) capable of bearing the we ight of the container, and (ii) independently secured to the vehicle.

(3) Notwithstanding

section 25 an intermodal container shall be secured to the vehicle by either or both (

a) chains, wire ropes or integr al locking devices that are fixed to all the lower corners; or (

b) crossed chains that are fi xed to all the upper corners.

(4) The front and the rear of the intermodal container shall be independently secured. 86.

(1) This

section applies to the transportation of an empty inter- modal container by a vehicle other than a container chassis vehicle. Loaded intermodal container on other vehicles Empty intermodal container on other vehicles

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 848

(2) All the lower corners of an empty intermodal container shall (

a) rest on the vehicle; or (

b) be supported by a structure (

i) capable of bearing the we ight of the container, and (ii) independently secured to the vehicle.

(3) An empty intermodal container is not required to comply with subsection (2) where (

a) the container is balanced, positioned and stable on the vehi- cle before tiedowns or other securing devices are attached; and (

b) the container does not overhang either the front or rear of the vehicle by more than 1.5 metres.

(4) An empty intermodal container shall not interfere with the vehicle’s manoeuvrability.

(5) An empty intermodal container shall be secured against moving sideways, lengthwise or vertically in accordance with (a) subsections 85(3) and (4) of these regulations, or (

b) section 25 of these regulations. 87. Sections 88 to 93 apply to the transportation of light vehicles, heavy vehicles and flattened or crushed light vehicles. 88.

(1) Light vehicles shall be secured in accordance with this sec- tion.

(2) Notwithstanding

section 25, a light vehicle shall be re- strained at both the front and rear from moving sideways, forward, rearward and vertically using a minimum of 2 tiedowns.

(3) Tiedowns that are designed to attach to the structure of a light vehicle shall be attached to the mounting points on the vehicle that are specifically designed for that purpose. Application to vehicles as cargo Light vehicles

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 849

(4) Tiedowns that are designed to fit over or around the wheels of a light vehicle shall restrain the vehicle from moving sideways, for- ward, rearward and vertically.

(5) Notwithstanding

section 23, e dge protectors are not required for synthetic webbing at points where the webbing comes into contact with the tires of the light vehicle. 89.

(1) Heavy vehicles shall be tran sported in accordance with this section.

(2) Accessory equipment on a heavy vehicle, including a hy- draulic shovel, shall be completely lowered and secured to the vehicle.

(3) Articulated vehicles shall be restrained in a manner that pre- vents articulation while the vehicle is on a highway.

(4) Notwithstanding

section 25, a heavy vehicle with crawler tracks or wheels shall be restrained against moving sideways, forward, rearward and vertically by at least 4 tiedowns, (

a) each with a workin g load limit of at least 2 268 kilograms, and (

b) each attached, as close as pr actical, at the front and rear of the vehicle or to mounting points on the vehicle that are spe- cifically designed for that purpose. 90. Flattened or crushed light vehicles shall be secured in accor- dance with the sections 91, 92 and 93. 91. Synthetic webbing shall not be used to secure flattened or crushed light vehicles. 92.

(1) Flattened or crushed light vehicles shall be transported with vehicles which (

a) have containment walls or comparable structures on 4 sides that (

i) extend to the full height of the cargo, and Heavy vehicles Flattened or crushed light vehicles Prohibition Securement for immobilized stacks of flattened vehicles

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 850 (ii) prevent the cargo moving forward, rearward and side- ways, or (

b) have containment walls or comparable structures on 3 sides that (

i) extend to the full height of the cargo, and (ii) prevent the cargo moving forward, rearward and to one side, and (iii) have 2 or more tiedowns per stack of flattened or crushed vehicles, or (

c) have containment walls or comparable structures on the front and rear that (

i) extend to the full height of the cargo, and (ii) prevent the cargo moving forward and rearward, and (iii) have 3 or more tiedowns per stack of flattened or crushed vehicles, or (

d) have 4 or more tiedowns per stack of flattened or crushed vehicles.

(2) Notwithstanding sections 22 to 25 each tiedown referred to in subsection 1 shall have a working load limit of 2,268 kilograms or more. 93.

(1) A vehicle transporting flattened or crushed light vehicles shall have equipment that (

a) extends the full height of the cargo, and (

b) prevents any loose part of the load from falling from the vehicle.

(2) For the purposes of subsection (1), the equipment used to contain loose parts shall be structural walls, floors, sides or sideboards or suitable covering material, alone or in combination. Containment of loose parts

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 851 94. Sections 95 and 96 apply to th e transportation of roll-on/roll-off containers and hook lift containers. 95.

(1) Where a front stop or lifting device of a securement system on a vehicle that is not equipped with an integral securement system is missing, damaged or not compatible with the securing devices on a container, additional manually installed tiedowns shall be used to se- cure the container to the vehicle.

(2) Where a front stop or lifting device of an integral secure- ment system on a vehicle is missing, damaged or not compatible with the securing devices on a container, the container shall be secured to the vehicle using manually installed tiedowns.

(3) A manually installed tiedown shall provide the same level of securement as the missing, damaged or incompatible component it re- places. 96.

(1) A roll-on/roll-off container or hook lift container transported by a vehicle that is not equipped with an integral securement system (

a) shall be blocked against forward movement (

i) by the lifting device, stops or a combination of both, or (ii) by another restraint mechanism; (

b) shall be secured to the front of the vehicle (

i) by the lifting device, or (ii) by another securing device which restrains against sideways and vertical movement; and (

c) shall be secured to the rear of the vehicle in accordance with at least one of the following (

i) one tiedown attached to both the vehicle chassis and the container, (ii) 2 tiedowns installed lengthwise, each securing one side of the container to one of the vehicle's side rails, or Application to roll on, roll off and hook lift containers Replacement of securing devices No integral secure- ment system

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 852 (iii) 2 hooks, or equivalent mechanisms, securing both sides of the container to the vehicle chassis at least as effec- tively as the tiedowns referred to in subparagraphs (

i) and (ii).

(2) A device used to secure a roll-on/roll off or hook lift con- tainer to the rear of a vehicle that is not equipped with an integral se- curement system (

a) shall be installed not more than 2 metres from the rear of the container; and (

b) notwithstanding sections 22 to 25, all tiedowns shall have a working load limit of at least 2268 kilograms. (3) Subsections 13(2) and (3) do not apply to sections 94 to 96. 97.

(1) Sections 98 to 100 apply to the transportation of boulders (

a) on a flat bed vehicle; and (

b) in a vehicle whose sides are not designed and rated to con- tain such a cargo.

(2) A piece of natural, irregularl y shaped rock that weighs more than 100 kilograms but less than 5000 kilograms may be secured in accordance with sections 98 to 100.

(3) A piece of natural, irregula rly shaped rock of any size may be contained within a vehicle that is designed to carry such a cargo.

(4) A piece of rock of any size th at is artificially formed or cut into shape and has a stable base for securement may be secured in ac- cordance with sections 98 to 100. 98.

(1) A boulder shall be placed with its flattest or its largest side down on the deck.

(2) A boulder shall be supported on at least 2 pieces of hard- wood blocking (

a) with side dimensions of not less than 8.9 centimetres by 8.9 centimetres; Application to boulders Positioning on vehicle

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 853 (

b) that extend the full width of the boulder; (

c) that are placed as symmetric ally as possible under the boul- der; and (

d) that support at least 3/4 of the length of the boulder.

(3) Where the flattest side of a boulder is rounded or partially rounded and the boulder may roll, (

a) the boulder shall be in a crib made of hardwood fixed to the deck; (

b) the boulder shall rest on both the deck and the crib; and (

c) the boulder shall have at least 3 well-separated points of contact with the crib and deck to prevent the boulder from rolling in any direction.

(4) Where a boulder is tapered, the narrowest end shall point towards the front of the vehicle. 99.

(1) A tiedown used to secure a boulder shall be made of chain.

(2) A tiedown that touches a boulder shall (

a) where possible, be located in valleys or notches across the top of the boulder; and (

b) be arranged so that it does not slide across the rock surface. 100.

(1) Notwithstanding

section 25, a cubic shaped boulder shall be secured with 2 or more tiedowns placed (

a) transversely across the vehicle; and (

b) as close as possible to the hardwood blocking.

(2) Notwithstanding

section 25, each non-cubic shaped boulder with a stable base shall be secured with 2 or more tiedowns (

a) forming an "X" pattern over the boulder; Tiedowns Number of tiedowns

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 854 (

b) passing over the centre of the boulder; and (

c) attached to each other, wher e they intersect, by a shackle or other connecting device.

(3) Notwithstanding subsections 13(2) and (3) and

section 25, each non-cubic shaped boulder with unstable base shall be secured with (

a) one tiedown surrounding the top of the boulder (

i) located at a point between 1/2 and 2/3 of the height of the boulder, and (ii) having a working load limit of at least 1/2 of the weight of the boulder, and (b) 4 tiedowns, each (

i) attached to the surrounding tiedown and to the vehicle that prevent the boulder moving horizontally, and (ii) having a working load limit of at least 1/4 the weight of the boulder, and (iii) shall be placed at an angl e, where practical, of not more than 45 degrees from the horizontal.

PART III INSPECTION, OFFENCE, PENALTIES 101.

(1) A peace officer, inspector or other person authorized by the minister may remove to and detain at an appropriate place, a (

a) vehicle; (

b) portion of a vehicle; and (

c) cargo carried by a vehicle where that peace officer, inspector or authorized person reasonably believes that these regulations have not been complied with. Detention of vehicle or cargo

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 855

(2) Where property is detained under subsection (1), the owner or driver of the combination vehicle shall be notified of the location of the property.

(3) Section 203 of the Act shall apply to a detention of a vehicle under this regulation with the necessary changes. 102.

(1) A person who contravenes a provision of these regulations is guilty of an offence and on

summary conviction is liable to (

a) a fine of not less than $120 and not more than $600; and (

b) in default of payment of a fine, to imprisonment for a period not exceeding 30 days.

(2) A person is considered to contravene these regulations where that person owns or operates a vehicle that is equipped, being operated or used in a manner which does not comply with these regula- tions. 103. The Load Security Regulations , Consolidated Newfoundland and Labrador Regulations 1008/96, are repealed. 104. These regulations shall come into force on January 1, 2005. Offence Repeal Commencement

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 856

Schedule A Default Working Limits Chain Size Working Load Limit (WLL) 7 mm 590 kg 8 860 10 1200 11 1590 13 2040 16 3130 Synthetic webbing Width WLL 45mm 790kg 50 910 75 1360 100 1810 Wire Rope (6 x 37, fibre core) Diameter WLL 7 mm 640 kg 8 950 10 1360 11 1860 13 2400 16 3770 20 4940 22 7300 25 9480 Manila rope Diameter WLL 10mm 90 kg 11 120 13 150 16 210 20 290 25 480

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 857 Synthetic Fibre Rope Diameter WLL 10mm 185 kg 11 240 13 285 16 420 20 580 25 950 Steel Strapping Width-Thickness inch WLL 1-1/4 x 0.029 540 kg 1-1/4 x 0.031 540 1-1/4 x 0.035 540 1-1/4 x 0.044 770 1-1/4 x 0.050 770 1-1/4 x 0.057 870 2 x 0.044 1200 2 x 0.050 1200

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 858

Schedule B Manufacturing Standards Vehicle Structure Truck Trailer Manufacturers Association-RP 47 Anchor Points Canadian Motor Vehicle Safety Standard (CMVSS905) Truck Trailer Manufacturers Association-RP47 Platform Bodies (Flatdecks) Truck Trailer Manufacturers Association-RP 47 Van, Sided and Dump Bodies Truck Trailer Manufacturers Association-RP 47 Web and Sling Tiedown Association: Recommended Standard Specification for Interior Van Se- curement WSTDA-T5 Tiedowns Web and Sling Tiedown Association Recommended Standard Specification for Synthetic Web- bing Tiedowns WSTDA-T1 Recommended Standard Specification for Winches Used with Synthetic Web Tiedowns WSTDA-T3 Recommended Standard Specifications for Interior Van Se- curement WSTDA -T5 Webbing Assemblies Web Sling and Tiedown Association

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 859 Recommended Standard Specification for Synthetic Web- bing Tiedowns WSTDA-T1 Recommended Operating Care and Inspection Manual for Synthetic Web Tiedowns WSTDA-T2 Recommended Standard Specification for Synthetic Web- bing used for Tiedowns WSTDA-T4 Chain Assemblies National Association of Chain Manufacturers Welded Steel Chain Specifications Welded Steel Chain - Working Load Limits Size mm(in) Grade 3 Proof Coil Grade 43 High Test Grade 70 Transport Grade 80 Alloy Grade 100 Alloy 7 mm 590 kg 1180 kg 1430 kg 1570 kg 1950 kg 8 mm 860 kg 1770 kg 2130 kg 2000 kg 2600 kg 10 mm 1200 kg 2450 kg 2990 kg 3200 kg 4000 kg 11 mm 1590 kg 3270 kg 3970 kg - - 13 mm 2040 kg 4170 kg 5130 kg 5400 kg 6800 kg 16 mm 3130 kg 5910 kg 7170 kg 8200 kg 10300 kg Chain marks 3 30 300 4 43 430 7 70 700 8 80 800 10 100 1000 Wire Rope and Attachments Wire Rope Technical Board Wire Rope Users Manual Synthetic Rope and Attachments

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 860 Cordage Institute CI-1301-96 Polyester Fibre Rope, 3 and 8 Strand Constructions CI-1302A-96 Polyester/Polyolefin Dual Fibre Rope, 3 Strand Construc- tion CI-1302B-99 Polyester/Polyolefin Dual Fibre Rope, 8 Strand Construc- tion CI-1304-96 Polyester Fibre Rope, 3 and 8 Strand Constructions CI-1305-96 Single Braided Polyester Fibre Rope, 12 Strand Construc- tion CI-1307-96 Polyester Fibre Rope, Double Braid Construction CI-1307-96 Polyester Fibre Rope, High Performance Double Braid Construction CI-1303-96Nylon (Polyamide) Fibre Rope, 3 and 8 Strand Construc- tion CI-1307-96 Nylon (Polyamide) Fibre Rope, Double Strand Construc- tion CI-1307-96 Nylon (Polyamide) Fibre Rope, High Performance, Double Braid Construction Steel Strapping American Society for Testing and Materials Standard Specifications for St rapping, Flat Steel and Seals (ASTM D3953-91) Clamps and Latches International Standards Organization-668 Roll-on/Roll-off Containers American National Standards Institute

Cargo Securement Regulations 152/04 The Newfoundland and Labrador Gazette December 24, 2004 861 Mobile Wastes and Recyclable materials Collection, Trans- portation and Compaction Equipment-Safety Requirements (ASC Z245.1-1999) Waste Containers-Safety Requirements (ASC Z245.30- 1999) Waste Containers-Compatibility Requirements (ASC Z245.60-1999) ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette December 24, 2004 863 NEWFOUNDLAND AND LABRADOR REGULATION 153/04 Labour-Sponsored Venture Capital Tax Credit Regulations under the Labour-Sponsored Venture Capital Tax Credit Act (O.C. 2004-524) (Filed December 22, 2004) Under the authority of

section 18 of the Labour-Sponsored Ven- ture Capital Tax Credit Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 22, 2004. Tim Murphy Deputy Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Interpretation 3. Repayment 4. Criteria for registration 5. Requirement on corporation 6. Filing of returns 7. Interest 8. Commencement 1. These regulations may be cited as the Labour-Sponsored Ven- ture Capital Tax Credit Regulations. 2.

(1) In the Act and these regulations,

Short title

Interpretation

Labour-Sponsored Venture Capital Tax Credit Regulations 153/04 The Newfoundland and Labrador Gazette December 24, 2004 864 (a) "Act" means the Labour-Sponsored Venture Capital Tax Credit Act; (b) "eligible business entity" means a Canadian controlled pri- vate corporation carrying on qualifying activities, of which all or substantially all of the fair market value of the property is attributable to property used in an active business or the shares of capital stock of one or more corporations that are eligible business entities where (

i) the total value of the total assets, as defined in the In- come Tax Act, 2000 , of the business and all associated corporations does not exceed $50,000,000, (ii) the number of employees of the business and all associ- ated corporations does not exceed 500, (iii) at least 75% of salaries and wages are paid in the prov- ince by the eligible business to residents in the province who regularly work at a permanent establishment of the business in the province, and (iv) the business is an active business and is not primarily engaged in (

A) wholesale or retail trade, (

B) food establishments or establishments that hold a licence issued under the Liquor Control Act, (

C) personal services, bu siness services, professional practises and trades, unless all or substantially all of those services relate to tourism activities or export or import related activities that the minister may de- termine, (

D) real estate marketing or development, (

E) oil and gas development or production, (

F) mineral resource exploration, (

G) financial services,

Labour-Sponsored Venture Capital Tax Credit Regulations 153/04 The Newfoundland and Labrador Gazette December 24, 2004 865 (

H) fish harvesting and prim ary fish processing except the processing of underutilized species that the min- ister may designate, and (

I) an activity that, in the opinion of the minister, is not in keeping with the purpose of the program gov- erned by this legislation; (c) "eligible investment" of a labour-sponsored venture capital corporation means (

i) a share that was issued to the corporation by an entity that was an eligible business entity at the time the share was issued, (ii) a debt obligation that was issued to the corporation by an entity that was an eligible business entity at the time it was issued where (

A) the entity is not restricted by the terms of the debt obligation, or by the terms of any agreement related to the obligation, from incurring other debts, (

B) the debt obligation, if secured, is secured solely by a floating charge on the assets of the entity or by a guarantee referred to in subparagraph (iii), and (

C) the debt obligation, by its terms or the terms of any agreement related to it, is subordinate to all other debt obligations of the entity except that, where the entity is a corporation, the debt obligation need not be subordinate to (

I) a debt obligation issued by the entity that is prescribed as a small business security for the purposes of definition "small business prop- erty" in subsection 206(1) of the Income Tax Act (Canada), or (II) a debt obligation owing to a shareholder of the entity or to a person related to that shareholder,

Labour-Sponsored Venture Capital Tax Credit Regulations 153/04 The Newfoundland and Labrador Gazette December 24, 2004 866 (iii) a guarantee provided by the corporation in respect of a debt obligation that, if the debt obligation had been is- sued to the corporation at the time the guarantee was provided, would have been an eligible investment be- cause of subparagraph (ii), and (iv) an option or right granted by an eligible business entity, in conjunction with the issue by the entity of a share or debt obligation that is an eligible investment of the cor- poration, to acquire a share of the capital stock of the entity that would be an eligible investment of the corpo- ration if that share were issued at the time that the op- tion or right was granted; (d) "personal services" and “bus iness services” do not include research and development, information and other innovative technologies or similar services as determined by the minis- ter; (e) "salaries and wages" means income from an office or em- ployment as determined under

section 5 of the Income Tax Act (Canada); and (f) "wholesale or retail trade" does not include business activi- ties which, in the opinion of the minister, apply significant new technologies, formats or methods, as compared to most wholesale or retail businesses.

(2) Where a word is not defined in the Act or the regulations, where the context allows, it shall have the same meaning as the Income Tax Act, 2000 or the Income Tax Act (Canada). 3.

(1) For the purpose of paragraph 9(2)(

b) of the Act, (

a) no repayment of the amount referred to in paragraph 9(2)(

a) of the Act is required where the disposition is (

i) a result of the death of th e person who held the share, (ii) to a registered retiremen t savings plan or a registered retirement income fund under the Income Tax Act (Can- ada), Repayment

Labour-Sponsored Venture Capital Tax Credit Regulations 153/04 The Newfoundland and Labrador Gazette December 24, 2004 867 (iii) a result of the labour-sponsored venture capital corpora- tion that issued the share ceasing to conduct business because of, in the opinion of the minister, the financial failure of the labour-spons ored venture capital corpora- tion, or (iv) a result of an exchange of a share of one series in a class of shares for a share of a different series in the same class of shares, if each series of shares within the class meets the eligibility requirements of the Act; (

b) no repayment of the amount referred to in paragraph 9(2)(

a) of the Act is required if the tax credit is not claimed against taxes payable and the tax credit receipt is returned to the la- bour-sponsored venture capital corporation within 60 days of issue; (

c) where the disposition is a result of the wind-up or dissolu- tion of the labour-sponsored venture capital corporation that issued the share for reasons other than as provided in para- graph (a)(iii), payment to the minister shall be in the amount that is determined by multiplying the total amount of the tax credits received in respect of the shares by 96 minus the number of months the shares have been held, divided by 96 months; and (

d) a share acquired in accordance with paragraph (a)(iv) is considered to have been acquired on the date on which the original share that was held before the exchange was ac- quired.

(2) Upon application, the minister may waive or prorate repay- ment of an amount referred to in subsection 9(2) of the Act. 4.

(1) For the purpose of

section 4 of the Act, the criteria that shall be met for a corporation to be a registered labour-sponsored venture capital corporation are (

a) the corporation maintains a permanent establishment in the province; (

b) the corporation establishes a separate investment committee in the province, with a majority of its members being resi- Criteria for registra- tion

Labour-Sponsored Venture Capital Tax Credit Regulations 153/04 The Newfoundland and Labrador Gazette December 24, 2004 868 dents of the province and where the investment committee is delegated the full authority and control to approve and reject investments in the province; (

c) the corporation has or will have, immediately after registra- tion and afterwards, capital of at least $250,000; (

d) the corporation has authorized capital consisting of shares of at least one class without par value which have the following rights, privileges, restrictions or conditions: (

i) the corporation shall no t redeem or purchase equity shares of that class, excep t on the death of the share- holder, until the time set out in subsection 9(2) of the Act has expired, and (ii) the holder of equity shares, or the holder’s personal representative, has the right to require the corporation to redeem those equity shares on the holder’s death or un- der any circumstances that may be prescribed under these regulations; (

e) the corporation has a constitution that provides for (

i) assisting businesses in creating and maintaining em- ployment by making specified investments in eligible business entities, (ii) exercising ownership rights with respect to investments made by the corporation in eligible business entities, and (iii) providing the administra tive support necessary to carry on the business of the corporation, including preparation of annual reports and the holding of meetings of share- holders and the board of directors; (

f) that the issue of shares complies with the Securities Act; (

g) the corporation employs one full time equivalent investment manager who is resident in the province and, unless other- wise agreed by the minister, the corporation commits to ad-

Labour-Sponsored Venture Capital Tax Credit Regulations 153/04 The Newfoundland and Labrador Gazette December 24, 2004 869 ditional investment managers in proportion to the amount of capital raised and under management in the province; and (

h) the labour-sponsored venture capital corporation is in com- pliance with the Securities Act. 5.

(1) With respect to equity capital raised in the province, the labour-sponsored venture capital corporation is required, on or after January 1, 2005 (

a) to make an eligible investment of at least 40% of the equity capital into eligible business entities in the province at any time in the first 12 months immediately following the end of the labour-sponsored venture capital corporation’s taxation year in which the equity capital was raised; (

b) to make an eligible investment of at least 60% of the equity capital into eligible business entities in the province within one year immediately following the time referred to in para- graph (a); and (

c) to make an eligible investment of at least 75% of the equity capital into eligible business entities in the province within one year immediately following the time referred to in para- graph (

b) and all subsequent years.

(2) For the purpose of

section 7 of the Act, where a labour- sponsored venture capital corporation has invested equity capital in an eligible business entity, the trustee may pay over to the labour- sponsored venture capital corporation fund, from the trust fund, an amount equal to (a) 15/75 of the equity capital so invested; plus (b) 15/75 of interest accumulated in the trust fund. 6. The labour-sponsored venture capital corporation shall file an annual return on a form provided by the minister containing the follow- ing information: (

a) a copy of all forms and schedules required to be filed for the purposes of the Income Tax Act, 2000 , including financial statements required by that Act; Requirement on corporation Filing of returns

Labour-Sponsored Venture Capital Tax Credit Regulations 153/04 The Newfoundland and Labrador Gazette December 24, 2004 870 (

b) a list of all individuals who have made an investment in a labour-sponsored venture capital corporation in the taxation year and the list shall include the individual’s name, social insurance number, address, amount of investment made and the date of the investment; (

c) a detailed report on all potential investments reviewed by the investment committee during the year by a labour-sponsored venture capital corporation signed by 2 senior officers of the labour-sponsored venture capital corporation; and (

d) other information the minister may require. 7.

(1) Interest shall be levied upon a sum due under subsection 6(3) and paragraph 9(2)(

a) of the Act at the rate of 1.2% compounded per month or part of a month from the date upon which the sum is required to be paid until the date of payment.

(2) Interest shall not be levied for a month in which the sum due is less than $100. 8. These regulations shall come into force on January 1, 2005. ©Earl G. Tucker, Queen's Printer Interest Commencement

The Newfoundland and Labrador Gazette December 24, 2004 871 NEWFOUNDLAND AND LABRADOR REGULATION 154/04 Motorized Snow Vehicles and All-Terrain Vehicles Regulations (Amendment) under the Motorized Snow Vehicles and Al-Terrain Vehicles Act (O.C. 2004-530) (Filed December 22, 2004) Under the authority of

section 21 of the Motorized Snow Vehicles and All Terrain Vehicles Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 22, 2004. Tim Murphy Deputy Clerk of the Executive Council REGULATIONS Analysis 1. Ss.7.1 & 7.2 Added 7.1 Operation on managed trails 7.2 Managed trail operators, duties and powers 2. S.25 Amdt. Non-application 3. Sch. R&S 1. The Motorized Snow Vehicles and All-Terrain Vehicles Regu- lations are amended by adding immediately after

section 7 the fol- lowing: CNLR 1163/96 as amended

Motorized Snow Vehicles and All-Terrain Vehicles Regulations (Amendment) 154/04 The Newfoundland and Labrador Gazette December 24, 2004 872 7.1

(1) A person shall not operate a motorized snow vehicle on a managed trail unless that vehicle (

a) has permanently attached a motorized snow vehicle sticker or other identifying marker issued by the appropriate author- ity under

section 7.2; or (

b) has a motorized snow vehicl e dealer trail permit issued by the appropriate authority under

section 7.2 attached to the ignition key inserted in the ignition of that vehicle. (2) Subsection (1) shall not apply (

a) to a person operating a moto rized snow vehicle on land in the control or ownership of that person or by a member of his or her immediate family; (

b) within the Labrador Inuit Settlement Area, to an Inuk, Inuit Business, Inuit Community Government, Inuit Community Corporation and the Nunatsiavut Government; and (

c) to a person while crossing a managed trail that divides land, in a manner roughly perpendicular to the managed trail, in order to move a motorized snow vehicle from one portion of that land directly to the other portion of that land divided by that managed trail.

(3) In paragraph (2)(b), "Labrador Inuit Settlement Area", "Inuk", "Inuit Business", "Inuit Community Government", "Inuit Community Corporation" and "Nunatsiavut Government" have the same meanings as in the Labrador Inuit Land Claims Agreement signed on behalf of the Inuit of Labrador as represented by the Labrador Inuit Association, Her Majesty the Queen in right of Newfoundland and Lab- rador and Her Majesty the Queen in right of Canada 7.2.

(1) The Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Tra ils Inc., incorpor ated under the Corpo- rations Act shall (

a) receive and process applications for managed trail permits and issue managed trail permits, stickers or other identifying markers to persons operating a motorized snow vehicle on a Operation on man- aged trails Managed trail operators duties and powers

Motorized Snow Vehicles and All-Terrain Vehicles Regulations (Amendment) 154/04 The Newfoundland and Labrador Gazette December 24, 2004 873 managed trail under the control and management of the cor- poration to which the application is made; (

b) charge, receive and retain a fee for the issuance of managed trail permits, stickers or other identifying markers under paragraph (

a) at a rate that shall be approved annually by the minister in consultation with the Minister of Tourism, Cul- ture and Recreation; (

c) determine the form and manner in which an application for a managed trail permit shall be made and the classes of man- aged trail permit that may be issued; (

d) determine conditions that apply in relation to the issuance, holding, replacement and use of managed trail permits, stickers and other identifying markers and respecting the pe- riod of time for which a managed trail permit, sticker or other identifying marker is valid; (

e) issue a description of its mana ged trail to each recipient of a managed trail permit, sticker or other identifying marker; (

f) clearly mark its managed trail; (

g) annually provide to the mi nister a financial statement au- dited by an auditor approved by the minister; and (

h) utilize revenue from the sale of managed trail permits, stick- ers or other identifying markers to manage, maintain, up- grade or expand its managed trails and to purchase insurance required to ensure its continued operation and activities.

(2) The Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. may delegate duties under sub- section (1) to persons that they may designate.

(3) The Newfoundland and Labrador Snowmobile Federation Inc. and the Labrador Winter Trails Inc. and their designates are not agents of the Crown.

(4) A person shall not maintain a managed trail or remove, tear down, damage, cover, deface or alte r a sign posted or erected by the Newfoundland and Labrador Snowmobile Federation Inc. or the Labra-

Motorized Snow Vehicles and All-Terrain Vehicles Regulations (Amendment) 154/04 The Newfoundland and Labrador Gazette December 24, 2004 874 dor Winter Trails Inc. on their managed trails unless doing so under the direction of the Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc. or their designates.

(5) The Newfoundland and Labrador Snowmobile Federation Inc. or the Labrador Winter Trails Inc., their designates or other per- sons acting on their behalf shall not maintain a managed trail or iden- tify a managed trail by posting or erecting signs or otherwise adminis- ter, control or operate a managed trail (

a) on privately owned land, without first obtaining the written consent of the person entitled to withhold consent with re- spect to the land on which the managed trail is located; (

b) on land owned by a municipality, without first obtaining the written consent of that municipality; (

c) on Crown land without first obtaining the written consent of the Minister of the governmen t of the province responsible for the Lands Act; and (

d) on a highway, without first obtaining the written consent of the Minister of Government Services.

(6) The Newfoundland and Labrador Snowmobile Federation Inc. and the Labrador Winter Trails Inc. shall maintain liability insur- ance with respect to their managed trail operations.

Section 25 of the regulati ons is amended by adding immedi- ately after the figures, period an d comma "5.1," the figures, peri- ods and commas "7.1, 7.2,". 3. The

Schedule is repealed and the following substituted:

Schedule Inventory of Peace Officer Position Department of Natural Resources Regional Compliance Manager Conservation Officer IV’s

Motorized Snow Vehicles and All-Terrain Vehicles Regulations (Amendment) 154/04 The Newfoundland and Labrador Gazette December 24, 2004 875 Conservation Officer III’s Conservation Officer II’s Director of Legislation & Compliance Chief of Special Investigations Resource Protection Specialist Department of Environment and Conservation (Parks and Natural Areas Division) Environmental Investigators Land Management Officers Park Manager II’s Park Manager I’s Park Rangers Park Technician II’s Park Technician I’s Biologist II’s (Wild Life Division) Director Senior Wildlife Biologists Wildlife Biologists Ecosystem Management Ecologists Chief of Endangered Species and Biodiversity Chief of Wildlife Ecosystem Management Planning

Motorized Snow Vehicles and All-Terrain Vehicles Regulations (Amendment) 154/04 The Newfoundland and Labrador Gazette December 24, 2004 876 Manager of Salmonier Nature Park Manager of Conservation Services Training Specialist Animal Curator Conservation Officers Wildlife Field Technicians Wildlife Laboratory Technicians Department of Fisheries and Aquaculture Fisheries Inspection Officers Fisheries Inspection Co-ordinator Director of regional Services Fisheries Field Representatives Fisheries Development Officers Aquaculturist Department of Government Services Highway Enforcement Officers Weighscale Inspectors Technical Inspectors Royal Newfoundland Constabulary /Royal Canadian Mounted Po- lice All Detachments

Motorized Snow Vehicles and All-Terrain Vehicles Regulations (Amendment) 154/04 The Newfoundland and Labrador Gazette December 24, 2004 877 Municipalities Municipal Enforcement Officers ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette December 24, 2004 879 NEWFOUNDLAND AND LABRADOR REGULATION 155/04 Torngat Mountains Special Management Area under the Lands Act (O.C. 2004-526) (Filed December 22, 2004) Under the authority of subsection 57(1) of the Lands Act, the Lieutenant-Governor in Council declares the area described below as the Torngat Mountains Special Management Area. Dated at St. John’s, December 22, 2004.

Tim Murphy Deputy Clerk of the Executive Council TORNGAT MOUNTAINS SPECIAL MANAGEMENT AREA All that piece or parcel of land situ ate and being north of Saglek Bay, Labrador in the Electoral District of Torngat Mountains abutted and bounded as follows: Beginning at a point on the northwesterly shoreline of Ugjuktok Fiord, that point having UTM co-ordinates of north 6,481,880 metres and east 479,525 metres;

Torngat Mountains Special Management Area 155/04 The Newfoundland and Labrador Gazette December 24, 2004 880 Then running in a general southwesterly direction a distance of 829 metres to a point having UTM co-ordinates of north 6,481,300 metres and east 478,932 metres; Then running in a general southwesterly direction a distance of 2,990 metres to a point having UTM co-ordinates of north 6,479,711 metres and east 476,399 metres; Then running in a general southwesterly direction a distance of 3,893 metres to a point having UTM co-ordinates of north 6,477,643 metres and east 473,101 metres; Then running in a general southwesterly direction a distance of 2,921 metres to a point having UTM co-ordinates of north 6,476,441 metres and east 470,438 metres; Then running in a general southwesterly direction a distance of 3,350 metres to a point having UTM co-ordinates of north 6,475,063 metres and east 467,384 metres; Then running in a general southwesterly direction a distance of 2,930 metres to a point having UTM co-ordinates of north 6,473,933 metres and east 464,681 metres; Then running in a general southwesterly direction a distance of 3,056 metres to a point having UTM co-ordinates of north 6,472,754 metres and east 461,861 metres; Then running in a general southwesterly direction a distance of 3,071 metres to a point having UTM co-ordinates of north 6,471,659 metres and east 459,241 metres; Then running in a general southwesterly direction a distance of 2,441 metres to a point having UTM co-ordinates of north 6,473,358 metres and east 457,488 metres; Then running in a general southwesterly direction a distance of 2,510 metres to a point having UTM co-ordinates of north 6,475,053 metres and east 455,637 metres; Then running in a general southwesterly direction a distance of 2,598 metres to a point having UTM co-ordinates of north 6,476,833 metres and east 453,745 metres;

Torngat Mountains Special Management Area 155/04 The Newfoundland and Labrador Gazette December 24, 2004 881 Then running in a general southwesterly direction a distance of 902 metres to a point having UTM co-ordinates of north 6,477,503 metres and east 453,140 metres; Then running in a general northwesterly direction a distance of 3,292 metres to a point on the Province of Quebec - Province of Newfound- land and Labrador border having UTM co-ordinates of north 6,479,773 metres and east 450,756 metres; Then following the Province of Quebec - Province of Newfoundland and Labrador border in a general northerly direction to a point in the southerly shoreline of the McLean Strait; Then through the waters of the McLean Strait to a point on the shore- line of that Strait, that point being on the Province of Newfoundland and Labrador - Nunavut border located on Killiniq Island; Then running along that border in a general northerly direction to a point at Cape Chidley located on the lowest low water mark of the westerly shoreline of the Labrador Sea; Then running along that lowest low water mark of the westerly shore- line of the Labrador Sea in a general southeasterly direction to the point of beginning.

Also incl