First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 53

AN ACT TO REMOVE

ANOMALIES AND ERRORS

IN THE STATUTE LAW

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS W. MARSHALL, Q.C.

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

General: The purpose of this Bill is to bring before

the House of Assembly matters in the statute law that require legislative

correction as a result of amendments or enactments made in previous sessions.

The amendments contained in this Bill have been brought to the attention of the

Minister of Justice and are technical amendments not involving matters of

policy. Each amendment is explained by

reference to the clause of the Bill by which it is proposed.

Clause 1 of the Bill is the short

title.

Clause 2 of the Bill would amend the Attorney General Statutes Amendment Act,

2006 to repeal a provision that would have amended the Fish Inspection Act . The

provision duplicated an identical amendment contained in

an Act to amend the

latter Act that was passed in the same session of the legislature.

Clause 3 of the Bill would repeal the

Automobile Dealers Regulations ,

Consolidated Newfoundland and Labrador Regulation 984/96. These regulations became obsolete when the Automobile Dealers Act was repealed in

Clause 4 of the Bill would repeal the

Election Rules , Consolidated

Newfoundland and Labrador Regulation 1111/96.

These regulations are obsolete.

Clause 5 of the Bill would amend

paragraph 3(

d) of the Expropriation Act

to remove a reference to the Department

of Fisheries Act . That Act was

repealed in 1995 with the passage of the Executive

Council Act .

Clause 5 of the Bill would also amend

the Expropriation Act to remove a

reference to the Department of Works,

Services and Transportation Act which was replaced by the Works, Services and Transportation Act .

Clause 6 of the Bill would amend the House of Assembly Act to clarify that

the person being referred to in subparagraph 30(1)(b)(

i) is a person who within

the previous year was a minister.

Clause 7 of the Bill would amend the Income Tax Act, 2000 to correct an error

in cross-referencing.

Clause 8 of the Bill would amend the Jurisdictions Designated for the Purpose of

Registration of Limited Partnerships Order , Consolidated Newfoundland and

Labrador Regulations 782/96, to include 3 jurisdictions whose registration in

the province contained a technical defect.

Clause 9 of the Bill would amend the Limitations Act to correct a

typographical error. The reference to

"negligent representation" is corrected to "negligent

misrepresentation".

Clause 10 of the Bill would amend the

Lobbyist Registration Act to provide

that a consultant lobbyist within the meaning of the Act who is engaged in

lobbying the City of St. John's or the city council on January 1, 2009 , the day on which the Act becomes applicable to the city, must file

a return with the registrar of lobbyists within 10 days. A similar requirement was placed on

consultant lobbyists when the Act first came into force. The requirement was inadvertently not included

in the amendments to the Act made to extend its application to the city.

Clause 11 of the Bill would amend the

Massage Therapy Act, 2005 to correct

erroneous references to the board when the college is meant and to correct a

number of errors in cross-referencing.

Clause 12 of the Bill would amend the

Mental Health Care and Treatment Act

to correct an erroneous cross reference.

Clause 13 of the Bill would amend the

Occupancy and Maintenance Regulations ,

Consolidated Newfoundland and Labrador Regulation 1021/96, to correct a

citation error which arose when the Urban

and Rural Planning Act was replaced by the Urban and Rural Planning Act, 2000 .

Clause 14 of the Bill would amend the

Personal Health Information Act to

renumber an amendment to the Child and

Youth Advocate Act effected by that Act.

The Child and Youth Advocate Act

already contained a

section 15.1.

Clause 15 of the Bill would amend the

Public Inquiries Act, 2006 to clarify

that an amount estimated to be required to defray the expenses of an inquiry is

subject to an appropriation being granted for it.

Clause 16 of the Bill would amend the

Services Charges Act relating to the

payment of an amount for a grant of letters of probate or administration or the

resealing of a foreign grant under Rule 55 of the Rules of the Supreme Court, 1986 .

From December 15, 1998 the amount was

payable under the Services Charges Act

rather than the rule. The rule has now

been repealed.

Clause 17 of the Bill would repeal 3

obsolete Orders made originally under a provision of the Trustee Act that is now repealed and continued under the Trustee Act and the Subordinate Legislation Revision and Consolidation Act .

Clause 18 of the Bill would repeal

the Veterinary Licensing Board

Regulations, Consolidated Newfoundland and Labrador Regulation 1137/96. These regulations became obsolete with the

passage of the Veterinary Medical Act,

2004 .

Clause 19 of the Bill would amend the

Vital Statistics Act to delete a

provision requiring fees to be set by regulation. The fees are currently charged under the

authority of

section 21 of the Executive

Council Act .

Clause 19 of the Bill would also

amend the Vital Statistics Act to

clarify that a certificate is valid notwithstanding the person signing as the

Registrar General no longer holds that office on the day the certificate is issued.

Clause 20 of the Bill would amend the

Water Resources Act to correct a typographical

error.

A BILL

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE

LAW

Analysis

Short title

Attorney General Statutes Amendment Act,

3. Automobile Dealers Regulations

4. Election Rules

5. Expropriation Act

6. House of Assembly Act

7. Income Tax Act, 2000

8. Jurisdictions Designated for the Purpose of

Registration of Limited Partnerships Order

9. Limitations Act

Lobbyist Registration Act

11. Massage Therapy Act, 2005

12. Mental Health Care and Treatment Act

13. Occupancy and Maintenance Regulations

14. Personal Health Information Act

15. Public Inquires Act, 2006

16. Services Charges Act

17. Approved

Public Utilities Order; Bonds, Debentures, Debenture Stock and Other Securities

of Loan Companies Order; and Investment Certificates of Trust Companies Order

18. Veterinary

Licensing Board Regulations

19. Vital

Statistics Act

20. Water

Resources Act

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Attorney

General Statutes Amendment Act, 2008.

SNL2006 c40

(1) Section 8 of the Attorney General Statutes Amendment Act, 2006 is repealed.

(2) This

section is considered to have come into

force on December

12, 2006 .

CNLR 984/96 as

amended

3. The Automobile

Dealers Regulations , Consolidated Newfoundland and Labrador Regulation

984/96, are repealed.

CNLR 1111/96 as

amended

4. The Election

Rules , Consolidated Newfoundland and Labrador Regulation 1111/96, are repealed.

RSNL1990 cE-19 as

amended

(1) Paragraph 3(

d) of the Expropriation Act is repealed and the

following substituted:

(

d) the purpose of assisting or encouraging the

establishment or development of a fishing enterprise by a person or for a purpose

incidental or related to the establishment or development of that fishing

enterprise;

(2) Section 56 of the Act is repealed and the

following substituted:

Disposal of land

56. The

minister may, subject to the approval of the Lieutenant-Governor in Council and

section 3 of the Works, Services and

Transportation Act, sell, lease or otherwise dispose of land or an interest

in land vested in him or her for and on behalf of the Crown under this Act,

considers appropriate.

RSNL1990 cH-10 as

amended

6. Subparagraph 30(1)(b)(

i) of the House of Assembly Act is repealed and

the following substituted:

(

i) in which the person who within the previous

year was a minister holds 10% or more of the shares, or

SNL2000 cI-1.1 as

amended

7. Subsection 10(1) of the Income Tax Act, 2000 is amended by striking out the reference to

"subsection 118.13" and substituting a reference to "subsection

118.1(3)".

CNLR 782/96

(1) The Jurisdictions Designated for the Purpose of Registration of Limited

Partnerships Order , Consolidated Newfoundland and Labrador Regulation 782/96, is

amended by adding to it the following jurisdictions:

(

a) the State of Delaware ;

(

b) the British Colony of Cayman Islands , British West Indies ; and

(

c) Bermuda .

(2) The jurisdictions referred to in subsection

(1) are considered to have been validly registered, notwithstanding a defect in

the requirements for registration under the Act,

(

a) in the case of the jurisdictions referred to

in paragraphs (1)(

a) and (b), on the day the Order in Council was issued; and

(

b) in the case of the jurisdiction referred to in

paragraph (c), on the day the first limited liability partnership was purported

to be registered in this province.

SNL1995 cL-16.1

as amended

9. Paragraph 5(

b) of the Limitations Act is repealed and the following substituted:

(

b) for damages in respect of injury to person or

property including economic loss arising from negligent misrepresentation and

professional negligence whether based on contract, tort or statutory duty;

SNL2004 cL-24.1

as amended

Section 5 of the Lobbyist Registration Act is amended by adding immediately after

subsection (3) the following:

(3.1) Where, on January 1, 2009 , a consultant lobbyist is performing an undertaking, that involves

the city or council he or she shall file a return with the registrar not later

than 10 days after that date.

SNL2005 cM-1.2

11. (1) Paragraph 5(6)(

b) of the Massage Therapy Act, 2005 is repealed

and the following substituted:

(

b) an auditor shall be appointed to audit the

accounts of the college and report on the financial statements prepared by the college.

(2) Subsection 5(8) of the Act is repealed and the

following substituted:

(8) Notwithstanding subsection (7), where the

registrar is also a director, the board may decide, by a majority vote, to

remunerate the registrar.

(3) Subsection 10(5) of the Act is repealed and

the following substituted:

(5) The licence of a person who does not comply

with subsection (4) shall be considered to be revoked.

(4) Subsection 10(7) of the Act is amended by

striking out the word "board" and substituting the word

"college".

(5) Subsection 11(1) of the Act is repealed and

the following substituted:

Registrar

(1) The

board may elect a director as registrar or may appoint a person from outside

the board or the college to be the registrar.

(6) Subsection 26(1) of the Act is repealed and

the following substituted:

Costs of college

(1) Where

a person who was ordered to pay the costs of the college under paragraph 20 (2)(

f) or 21 (3)(

f) fails to pay in the time required, the college may suspend the licence of that

person until those costs are paid.

(7) Subsection 32 of the Act is repealed and the

following substituted:

Protection from

liability

32. An

action for damages does not lie against the registrar, a member, officer or

employee of the college, a person designated by the board, a member of a panel,

tribunal or committee authorized under this Act, another agent of the board or

the college as a corporation for

an act or failure to act or a proceeding

initiated or carried out in good faith under this Act, or for carrying out

duties or obligations as the registrar, a member, officer, employee, designate,

agent or tribunal, panel or committee member authorized under this Act or for a

decision or order made or enforced in good faith under this Act.

SNL2006 cM-9.1 as

amended

12. Paragraph 81(4) of the Mental Health Care and Treatment Act is repealed and the following

substituted:

(4) Where a person has been transferred to the

province under subsection (3), he or she may be detained and treated without

his or her consent in a psychiatric unit for a period not to exceed 72 hours

and shall be the subject of 2 psychiatric assessments in order to determine

whether he or she should be admitted as an involuntary patient under

section

CNLR 1021/96 as

amended

Section 44 of the Occupancy and Maintenance Regulations , Consolidated Newfoundland

and Labrador Regulation 1021/96, is repealed and the following substituted:

Penalty

44. A

person who contravenes a provision of this regulation shall, upon conviction,

be liable to the penalties imposed by

section 106 of the Urban and Rural Planning Act, 2006.

SNL2008 cP-7.01

Section 94 of the Personal Health Information Act is amended by renumbering the

amendment to the Child and Youth Advocate

Act effected by that

section as

section 15.3.

SNL2006 cP-38.1

15. Subsection 22(2) of the Public Inquiries Act, 2006 is repealed and the following

substituted:

(2) Where an amount is appropriated to defray the

costs of an inquiry, the expenditures incurred by the commission in the conduct

of the inquiry shall be paid out of the Consolidated Revenue Fund without further

approval, except that the commission shall comply with the provisions of the Financial Administration Act relating to

expenditures by departments and agencies of the government of the province and

policies established by the Lieutenant-Governor in Council in respect of the inquiry

under

section 29.

SNL1998 cS-13.2

as amended

16. Subsection 4 of the Services Charges Act is amended by adding immediately after

subsection (6) the following:

(7) An amount purporting to be paid under Rule 55

of the Rules of the Supreme Court, 1986

upon a grant of letters of probate or administration or the resealing of a

foreign grant after December 15, 1998 is considered

to have been validly paid under this

section notwithstanding it may have exceeded

the amount payable under subsection (2) or (3).

CNLR 793/96, CNLR

794/96 and CNLR 971/96 Rep.

17. The following Orders, made under the Trustee Act and the Subordinate Legislation Revision and Consolidation Act, are repealed:

(

a) Approved Public Utilities Order , Consolidated Newfoundland and Labrador

Regulation 971/96;

(

b) Bonds, Debentures, Debenture Stock and Other

Securities of Loan Companies Order , Consolidated Newfoundland and Labrador Regulation 793/96; and

(

c) Investment Certificates of Trust Companies

Order , Consolidated Newfoundland and Labrador

Regulation 794/96.

CNLR 1137/96 Rep.

18. The Veterinary

Licensing Board Regulations, Consolidated Newfoundland and Labrador

Regulation 1137/96, is repealed.

RSNL1990 cV-6 as

amended

19. (1) Paragraph 26(2)(

b) of the Vital Statistics Act is repealed.

(2) Section 27 of the Act is amended by

renumbering it as subsection 27(1) and by adding immediately after that subsection

the following:

(2) A certificate issued under this Act under the

signature of the Registrar General is valid notwithstanding the person whose

signature appears on the certificate is no longer the Registrar General on the

date the certificate is issued.

SNL2002 cW-4.01

as amended

20. Paragraph 28(2)(

e) of the Water Resources Act is repealed and the following substituted:

(

e) where he or she believes it to be advisable,

refuse to grant the transfer of the licence.

Earl G. Tucker, Queen's Printer