Newfoundland and Labrador Gazette, Part I — 3 July 2020, Vol. 95, No. 27 — Lien Act Notice; Lands Act Notice

NLG 2020-07-03

Newfoundland and Labrador — Gazette

Vol. 95 ST. JOHN’S, FRIDAY , JULY 3, 2020 No. 27 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT V ARIATION OF DEADLINE NOTICE NOTICE IS HEREBY GIVEN that, in accordance with the authority under

section 5 of the Temporary Variation of Statutory Deadlines Act, the Speaker of the House of Assembly hereby varies the following deadline:

Section 20 Duties and responsibilities of commission The requirement under paragraph 20(5)(

b) of the Act to ensure an annual financial audit is completed “before September 1” is varied to no later than “before October 1” for the purpose of the 2020 requirement under that paragraph. Dated this 10th day of June, 2020. HONOURABLE SCOTT REID Speaker of the House of Assembly Jun 30 & Jul 3 MEMBERS’ RESOURCES AND ALLOWANCES RULES UNDER THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT V ARIATION OF DEADLINE NOTICE NOTICE IS HEREBY GIVEN that, in accordance with the authority under

section 5 of the Temporary Variation of Statutory Deadlines Act, the Speaker of the House of Assembly hereby varies the following deadline:

Section 10 Restrictions on claims The time period “Before the twenty-first day of each month” in subsection 10{1) is, for the month of May, 2020 only, is extended for a period of 30 days. Dated this 19th day of May, 2020. HONOURABLE SCOTT REID Speaker of the House of Assembly Jun 30 & Jul 3 161

MECHANICS’ LIEN ACT NOTICE Re: Notice of Intention to Release Holdback Pursuant to Sections 12.1 to 12.3 of the Mechanics’ Lien Act, RSNL 1990, c M-3 (the “Act”) Project: Memorial University of Newfoundland - CSF- 001-12 Core Science Facility CP-3R (the “Project”), located at 45 Arctic Ave, St. John’s, Newfoundland and Labrador MEMORIAL UNIVERSITY (the “Owner”) has received an application from MARCO SERVICES LIMITED (“Marco”) for release of annual holdback pursuant to

section 12.1 of the Act. MARCO’S application for release of holdback relates to work done on the Project under its contract with the Owner (the “Prime Contract”) in the period from April 26, 2019 to April 26, 2020. Pursuant to

section 12.2 of the Act, the Owner hereby gives notice to all persons providing services or materials in the performance of the Prime Contract and/or any subcontract from April 26, 2019 to April 26, 2020 that the Owner intends to release MARCO’S requested holdback upon the expiration of 30 days from the date of this notice.

Any persons having outstanding claims against MARCO, or subcontractors to MARCO , in relation to the Project, in order to make a claim for payment against holdback monies certified as owing up to April 26, 2020, are instructed to notify the Owner in writing within 30 days of the date of this notice by registered mail or courier at the following address. Owner: Facilities Management Building FM-2040, Project Management Office 14 Phelan Rd St. John’s, NL A1C 5S7 Attention: Kirk Saunders Pursuant to

section 12.3(1) and (2) of the Act, any proceedings to enforce a claim for lien of a contractor, subcontractor, or other person providing services or materials under the Prime Contract or a subcontract from April 26, 2019 to April 26, 2020 must be commenced within 30 days of this notice. After that time, any lien for services or materials provided under the Prime Contract or a subcontract on or before April 26, 2020 will expire, in accordance with the Act. Any claims for liens regarding services or materials provided after April 26, 2020 are not affected by

section 12.3(1) and (2), but remain subject to the other provisions of the Act regarding lien claims. M. Kirk Saunders, P.Tech, GSC Project Lead, Core Science Facility Jul 3 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF PORTUGAL COVE-ST. PHILIP’S MUNICIPAL PLAN AMENDMENT No. 7, 2018 DEVELOPMENT REGULATIONS AMENDMENT No. 8, 2018 TAKE NOTICE that the TOWN OF PORTUGAL COVE- ST.

PHILIP’S Municipal Plan Amendment No. 7, 2018 and Development Regulations Amendment No. 8, 2018, as adopted by Council on the 4 th day of February, 2020, has been registered by the Department of Municipal Affairs and Environment. The purpose of this Amendment is to re-designate and rezone properties located at Civics # 432, 450-452, 460-466 and 478C Old Broad Cove Road and Civic # 34 Johnathan Heights from Agriculture to Residential Low Density to allow potential future development of a residential subdivision. The TOWN OF PORTUGAL COVE-ST.

PHILIP’S Municipal Plan Amendment No. 7, 2018 and Development Regulations Amendment No. 8, 2018, 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 Portugal Cove-St. Philip’s Municipal Plan Amendment No. 7, 2018 and Development Regulations Amendment No. 8, 2018 may do so by contacting the Town Office at (709) 895-8000 or planning@pcsp.ca. TOWN OF PORTUGAL COVE-ST. PHILIP’S Claudine Murray, Town Clerk Jul 3 LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries and Land Resources, Agriculture and Lands Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of North Side Road, Colliers for the purpose of a breakwater and wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: http://www.ma.gov.nl.ca/ lands/sec7notifications.html. Please note: It may take up to five (5) days from the date of application for details to appear on the website. Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries THE NEWFOUNDLAND AND LABRADOR GAZETTE July 3, 2020 162

and Land Resources website, Crown Lands, http://www. ma.gov.nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O. Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: the Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Jul 3 NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries and Land Resources, Agriculture and Lands Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Quidi Vidi Harbour for the purpose of a fishing stage. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: http://www.ma.gov.nl.ca/ lands/sec7notifications.html. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries and Land Resources website, Crown Lands, http://www. ma.gov.nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: the Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Jul 3 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of ISABEL MARY FOSTER , Late of St. John’s in the Province of Newfoundland and Labrador, Deceased.

ALL PERSONS claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of- kin (by full or half blood, legal adoption or marriage) upon or affecting, the Estate of ISABEL MARY FOSTER who died at St. John’s, NL on or about December 1, 2019, are hereby requested to send particulars thereof in writing, duly attested, to: Office of the Public Trustee, Viking Building, Suite 401 - 136 Crosbie Road, St. John’s, NL A1B 3K3.

Particulars will be received by the Public Trustee, as Executor of the Estate of ISABEL MARY FOSTER, on or before August 7, 2020, after which date the said Executor will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at the City of St. John’s, in the Province of Newfoundland and Labrador, this 29th day of June, 2020. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of ISABEL MARY FOSTER ADDRESS FOR SERVICE: Viking Building Suite 401 - 136 Crosbie Road St.

John’s, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 Jul 3 THE NEWFOUNDLAND AND LABRADOR GAZETTE July 3, 2020 163

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 95 ST. JOHN’S, FRIDAY , JULY 3, 2020 No. 27 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 45/20 NLR 46/20 NLR 47/20

NEWFOUNDLAND AND LABRADOR REGULATION 45/20 St. John's Regatta Day Holiday, 2020 Regulations under the Shops' Closing Act (O.C. 2020 - 103) (Filed June 30, 2020) Under the authority of

section 10 of the Shops' Closing Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s,June 30, 2020. Elizabeth Day Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Definition 3. Regatta day holiday, 2020 1. These regulations may be cited as t he St. John's Regatta Day Holiday, 2020 Regulations. 2. In these regulations, "Act" means the Shops' Closing Act. 3. As a result of the cancellation of the St. John's Annual Regatta for the year 2020, t he holiday refe rred to in paragraph 4(1)(

d) of the Act shall be observed in the year 2020 on Monday, August 3. ©Queen's Printer

Short title Definition Regatta day holiday, 2020 205 The Newfoundland and Labrador Gazette July 3, 2020

NEWFOUNDLAND AND LABRADOR REGULATION 46/20 Rules of Supreme Court, 1986 (Amendment) under the Judicature Act (Filed July 2, 2020) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Supreme Court make the following Rules. Dated at St. John’s, June 19, 2020 Raymond P. Whalen Chairperson, Rules Committee REGULATIONS Analysis 1. Rule 4.01 Amdt. Form 2. Rule 4.02 R&S Documents requirements 3. Rule 4.02A Added Filing documents 4. Rule 18A.04 R&S Case management judge 5. Rule 47A.03 R&S Appearing remotely with the permission of the Court 6. Rule 56.21 Amdt. Bonds 7. Rule F1.02 Amdt. Application of this

Part 8. Rule F1.04 R&S

Definitions 9. Rule F3A Added Rule F3A– Interpreters F3A.01 Interpreters 10. F4.07 Amdt. Information which must be included in the Originating application 11. Rule F5.07 Amdt. Additional information required for variation of child support order 207 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 12. Rule F6.03 Amdt. Information which must be included in the response 13. Rule F8.03 Amdt. Documents which must be personally served (hand- delivery) 14. Rule F8.05 Amdt. Serving subsequent documents 15. Rule F14.02 Amdt. Mandatory case management 16. Rule F14.05 Amdt. Requirements to attend and be prepared 17. Rule F17.02 Amdt. When an emergency interim application may be made 18. Rule F17.06 Amdt. Requirement to attend 19. Rule F17.08 R&S Where rule does not apply 20. Rule F18.03 Amdt.

Getting permission to make an interim application before the first case management hearing 21. Rule F18.07 Amdt. Requirement to attend at the hearing of an interim application 22. Rule F19.05 Amdt. Requirement to attend 23. Rule F21.03 Amdt. Compellability and liability 24. Rule F23.06 R&S Cost consequences 25. Rule F25.04 Amdt. Requirement to attend and be prepared. 26. Rule F26.02 Amdt. Filing requirements 27. Rule F30.02 Amdt. Requirements to attend and be prepared 28. Rule F32.02 Amdt. What information may be contained in an affidavit 29. Rule F37.01 Amdt. Proceedings 30. Rule F37.02 Amdt.

Summary judgment 31. Rule F37.03 Amdt. Judicial case conference 32. Rule F38.09 Amdt. Hearings 33. Rule F41 Added Rule F41 – Appearing Remotely F41.01

Definitions F41.02 Appearing remotely with the permission of the Court F41.03 Factors to consider F41.04 Discretion of the Court F41.05 Expense of remote appearance 34. Forms Amdt. 35. Commencement 1. Rule 4.01(2) of the Rules of the Supreme Court, 1986 is repealed. 2. Rule 4.02 of the rules is repealed and the following substituted: 4.02

(1) Every document prepared by a party for use in a proceeding shall conform to each of the following requirements: (

a) the document shall be in English, unless a statute or a rule permits otherwise; Documents requirements 208 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (

b) the document shall be legibly written or printed on one side of the page only; and (

c) the document shall be on good quality, white paper that is 8 ½ inches by 11 inches in size with appropriate margins.

(2) A transcript o f evidence to be used in a proceeding shall conform with the requirements for a document to be filed and each of the following further requirements: (

a) notwithstanding rule 4.02(1) and (2), the transcript may be printed on two sides of the page; (

b) a page of transcribed testimony shall be titled with the name of the witness and indicate as part of the title whether the witness is being examined directly, by cross -examination, or by redirect examination; (

c) each question shall be preceded by the letter "Q", and each answer by "A"; (

d) a transcript of something other than testimony shall be titled submission, ruling, direction, instruction, discussion, or other business; (

e) the title shall appear at the top of each page of a printed transcript; (

f) each page or question shall be numbered; (

g) the transcript shall be conveniently bound, and have a cover and a blank back.

(3) Where a document prepared by a party for use in a proceeding cannot be stapled together, the document shall be bound.

(4) Where a document described in rule 4.02(3) is bound in two or more volumes, the volumes shall be clearly numbered on the cover of the document. 3. The rules are amended by adding immediately after rule 4.02 the following: 209 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 4.02A

(1) The registrar may refuse to file a document that does not substantially comply with the rules and practice notes.

(2) Notwithstanding subrule (1) the registrar shall accept a document that does not comply with the rules and practice notes where both of the following are brought to the attention of the registrar: (

a) the document is intended to start a proceeding or make a counterclaim, or third party claim in an action; and (

b) the person seeking to file the document may lose a substantive right, such as a claim to which the Limitation Act may apply, unless the document is filed.

(3) The registrar may accept a document for filing conditionally, and return the document if a condition is not fulfilled or a judge so directs.

(4) The absence of authority to file a document does not imply that it cannot be exhibited to an affidavit or admitted as evidence.

(5) The Court may order a document that does not conform with a rule be returned to the party who prepared the document, unless the document is part of a record on which the registrar or a judge made a decision. 4. Rule 18A.04 of the rules is repealed and the following substituted: 18A.04

(1) Where a judge determines that one or more proceedings are appropriate for case management, the judge shall (

a) declare that the proceeding or proceedings in question shall, until further order, be conducted in accordance with this Rule; (

b) where the order includes a prospective proceeding not yet commenced, define the circumstances relating to parties, subject-matter, issues and procedure which will identify all prospective proceedings that will become subject to the order; Filing documents Case management judge 210 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (

c) in multi -judge centres, request that the Chief Justice or a judge designated by the Chief Justice assign a judge to act as the case management judge with respect to the proceeding or proceedings; (

d) in single -judge centres, act as the designated case management judge with respect to the proceeding or proceedings; and (

e) make any other consequential order that the jud ge deems appropriate to facilitate the case management process.

(2) Where a judge has requested that a case management judge be assigned in accordance with rule 18A.04(1)(c), the Chief Justice or a judge designated by the Chief Justice shall grant an ord er appointing a case management judge and an alternate case management judge.

(3) Where a judge is assigned to act as the designated case management judge in accordance with rule 18A.04(1)(d), the alternate case management judge shall be the Chief Justice or a judge designated by the Chief Justice.

(4) Once a case management order or designation is made, the Registrar shall cause it to be brought to the attention of the designated case management judge and the alternate.

(5) The Registrar shall cause all subsequent applications and other steps taken in the proceeding to be brought to the attention of the case management judge.

(6) An alternate case management judge shall only perform the role of case management judge when the case management judge is unavailable within a reasonable time to deal with the matter, or the parties otherwise consent. 5. Rule 47A.03 of the rules is repealed and the following substituted: 47A.03

(1) Where appropriate facilities are available at the Court or are provided by a party, a participant in a civil proceeding may appear remotely for any purpose if, upon request to the Registrar or a judge, application to the Court, or on the Courts own initiative, the Court so permits or orders. Appearing remotely with the permission of the Court 211 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20

(2) A request to the Registrar pursuant to sub -rule (1) must be made (

a) by noon the day before the appearance where a participant wishes to appear remotely at any proceeding other than a trial; or (

b) prior to (

i) the date set for the pre-trial conference, or (ii) where there is a change in circumstances necessitating a remote appearance following the pre- trial conference, 30 days before the date set for the trial, where the participant wishes to appear remotely at a trial in a civil proceeding.

(3) Where a participant’s request to the Registrar was denied pursuant to sub -rule (1), they may bring an application to the Court pursuant to sub -rule (1) and the Court shall consider this application without regard to the prior request.

(4) A person may appear remotely at an application pursuant to sub-rule (1) unless otherwise directed by the Court.

(5) Where the Court directs or orders that a participant may appear remotely, the Court may direct that participant to make the necessary arrangements and to give notice of those arrangements to the other parties and to the Court.

(6) A judge may, upon his or her own initiative, appear remotely.

(7) A party seeking to appear remotely in a family law proceeding must make a request or an application pursuant to rule F41. 6. Rule 56.21(2) of the rules is repealed and the following substituted:

(2) In lieu of a personal bond with two sureties, the Court may accept the bond of an insurer licensed under the Insurance Companies 212 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 Act to write surety and fi delity insurance, in which case the amount of the bond need only be for the aggregate value of the estate and no affidavit of justification or execution is required. 7. Rule F1.02(1)(

b) of the rules is repealed and the following substituted: (

b) Parenting and contact; 8. Rule F1.04 of the rules is repealed and the following substituted: F1.04

(1) The following

definitions apply to this Part (a) "circuit location" means a Court location, other than a judicial center, designated by the Chief Justice and published in a practice note; (b) "contact order" means an order providing for contact between a child and a person other than one of the parents of the child; (c) "corollary relief proceeding" means a proceeding under the Divorce Act (Canada) in which either or both former spouses seek a child support order, a spousal support order, or a parenting order; (d) "divorce proceeding" includes a proceeding in which a party seeks an order for divorce or an order for corollary relief; (e) "Family Justice Services" is a division of the Supreme Court of Newfoundland and Labrador offering education and information sessions, mediation and counselling services, or any combination of these services (

i) to parties or their children where such services are required by the Court, or (ii) to those persons who have not yet started a proceeding but wish to avail of the services in order to assist in the non-adversarial resolution of their dispute;

Definitions 213 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (f) "guidelines" means the Federal Child Support Guidelines established under the Divorce Act (Canada ) and the Child Support Guidelines Regulations established under the Family Law Act ; (g) "hearing" includes a trial; (h) "interim application" means an application for an order of a judge in an ongoing proceeding or, for the purpose of determining a matter relating to a final order, following final judgment but does not include an application to vary a final order; (i) "judicial centre" means a judicial centre of the Supreme Court under the Judicature Act and includes the following Court locations: Corner Brook; Gander; Grand Bank; Grand Falls-Windsor; Happy Valley-Goose Bay; St.

Johns; (j) "Note to Court" is a document, the form of which has been approved by the Chief Justice, filed with the Court b y Family Justice Services, which indicates whether the parties participated in a parenting information session and mediation and whether the family law dispute was resolved; (k) "officer of the Court" includes a member of the Law Society of Newfoundland and Labrador in good standing; (l) "originating application" includes a joint originating application unless the context requires otherwise; 214 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (m) "originating application for variation" includes a joint originating application for variation unless the context requires otherwise; (n) "parenting order" means any order relating to decision- making and/or parenting time; (o) "partial recovery costs" means party and party costs or costs awarded in accordance with the scale of costs included as an appendix to ru le 55 in

Part I, and "on a partial recovery basis" has a corresponding meaning; (p) "party" means a party to a proceeding; (q) "pleadings" includes any document required to make, respond to, or reply to a claim in a proceeding required by these rules, including: (

i) an Originating Application in Form F4.03A or F4.04A, (ii) an Originating Application for Variation in Form F5.05A or F5.06A, (iii) a Response in Form F6.02A, (iv) a Reply in Form F7.02A, (

v) a Financial Statement in Form F10.02A, (vi) a Property Statement in Form F10.04A, (vii) an Interim Application for a Procedural Order in Form F16.03A, (viii) an Emergency Interim Application in Form F17.03A, (ix) an Interim Application in Form F18.03A, (

x) an Affidavit in Response, (xi) an Affidavit in Reply; 215 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (r) "proceeding" means a proceeding described in rule F1.02(1); (s) "property claim" means a claim in a proceeding for division of property by a spouse, former spouse, partner, or former partner; (t) "shared-decision making" means a parent ing arrangement where each party exercises parenting time of a child for not less than 40 per cent of the time over the course of a year; (u) "special or extraordinary expenses" means those expenses set out in

section 7 of the guidelines; (v) "split decision -making" means a parenting arrangement in which each party has sole decision -making of one or more children; (w) "substantial recovery costs" means costs awarded in an amount that is 1.5 times what would otherwise be awarded in accordance with the scale of costs included as an appendix to rule 55 in

Part I, and "on a substantial recovery basis" has a corresponding meaning; (x) "support order" means an order for child, spousal, partner, dependant, or parental support; (y) "uncontested proceeding" means a proceeding in which (

i) the respondent has failed to file and serve a Response within the prescribed time, (ii) the Response has been withdrawn or struck out, (iii) the respondent has filed a Response stating that they are not contesting a claim in the application, (iv) the applicant has failed to file a Reply in relation to a claim against them made in the Response within the prescribed time, (

v) the Reply has been withdrawn or struck out, 216 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (vi) the applicant has filed a Reply stating that they ar e not contesting a claim in the Response, (vii) the parties have applied together for the same relief, or (viii) each party to the proceeding has indicated their consent on a draft judgment or order; (z) "undue hardship" means the undue hardship that wo uld be incurred by a person ordered to pay a support order or a person entitled to receive support payments as described in

section 9 of the guidelines; (a) "vary" or "variation" includes rescind and suspend, or rescission and suspension. 9. The rules are amended by adding immediately after Rule F3 the following: Rule F3A - Interpreters F3A.01

(1) The Court may, on its own motion, appoint an interpreter on such terms and conditions that the Court deems appropriate.

(2) A party may, at any time, apply for a procedural order to appoint an interpreter. 10.

(1) Rule F4.07(1) of the rules is repealed and the following substituted: F4.07

(1) An Originating Application containin g a claim for divorce, parenting, contact order or child support must include (

a) subject to subrule (2), the name, birth date, and place of residence of every child of the parties relationship whether or not the children are over the age of majority and whether or not any relief is claimed in relation to the child; or (

b) a statement that there are no children of the parties relationship. Interpreters Information which must be included in the Originating application 217 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20

(2) Rule F4.07(3)(b)(iv) of the rules is repealed and the following substituted: (iv) there is split or shared decision-making; 11. Rule F5.07(b)(iv) of the rules is repealed and the following substituted: (iv) there is split or shared decision-making; 12. Rule F6.03(3)(b)(iv) of the rules is repealed and the following substituted: (iv) there is split or shared decision-making; 13. Rule F8.03(4) of the rules is repealed and the following substituted:

(4) To personally serve a document on a manager, as defined in the Children, Youth and Families Act , a copy of the document must be hand-delivered to the manager subject to rule F8.13. 14. Rule F8.05(1)(

b) of the rules is repealed and the following substituted: (

b) mailing the document or a copy addressed to the party at the party’s address provided in accordance with rule F8.02; 15. Rule F14.02(2)(

a) of the ru les is repealed and the following substituted: (

a) the proceeding has been brought under the Children, Youth and Families Act; 16. Rule F14.05(1)(

a) of the rules is repealed and the following substituted: (

a) permits a party or lawyer to appear remotel y pursuant to rule F41 ("Appearing Remotely"); or 17. Rule F17.02(1)(a)(ii) of the rules is repealed and the following substituted: 218 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (ii) there is an immediate danger to the physical, emotional or psychological safety, security or well-being of a child or another person, 18. Rule F17.06(

a) of the rules is repealed and the following substituted: (

a) permits a party or lawyer to appear remotely pursuant to rule F41 ("Appearing Remotely"); or 19. Rule F17.08 of the rules is repealed and the following substituted: F17.08 This rule does not apply to warrants under the Children, Youth and Families Act. 20. Rule F18.03(3)(

b) of the rules is repealed and the following substituted: (

b) there is an immediate danger to the physical , emotional or psychological safety, security or well -being of a child or another person, 21. Rule F18.07(

a) of the rules is repealed and the following substituted: (

a) permits a party or lawyer to appear remotely pursuant to rule F41 ("Appearing Remotely"); or 22. Rule F19.05(

a) of the rules is repealed and the following substituted: (

a) permits a party or lawyer to appear remotely pursuant to rule F41 ("Appearing Remotely"); or 23. Rule F21.03(2) of the rules is repealed and the following substituted:

(2) A mediator or counselor appointed under these rules may stipulate that they are not liable for loss or damage suffered by a person by reason of an action or omission of the mediator or counselor in the discharge of the duties under these rules. Where rule does not apply 219 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 24. Rule F23.06 of the rules is repealed and the following substituted: F23.06

(1) Where only one party has made an offer to settle issues of decision-making and/or parenting time, and the offer to settle (

a) is delivered (

i) at least two clear days before the application is to be heard, where it relates to an interim application, or (ii) at least seven clear days before the trial is to commence, where the offer relates to a trial; (

b) is not accepted before the commencement of the application or trial; (

c) is not withdrawn in accordance with rule F23.02, or deemed rejected in accordance with rule F23.03 before the start of the hearing or trial; and (

d) is found to be as favourable or more favourable than the judicial outcome, that party is entitled to the partial recovery costs of those portions of the proceeding to which the offer to settle related, to be assessed on Column 3 of the Scale of Costs from the commencement of the proceeding to the date before the offer to settle was delivered and on Column 5 of the Scale of Costs from the date of the offer to settle to the conclusion of the proceeding, subject to rule F33.02(3) ("Presumption").

(2) Where a party has made an offer to settle one or more claims, other than a claim relatin g to decision-making and/or parenting time, and the offer to settle (

a) is delivered (

i) at least two clear days before the application is to be heard, where it relates to an interim application, or Cost consequences 220 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (ii) at least seven clear days before the trial is to commence, where the offer to settle relates to a trial; (

b) is not accepted before the commencement of the application or trial; (

c) is not withdrawn in accordance with rule F23.02, or deemed rejected in accordance with rule F23.03 before the start of the hearing or trial; and (

d) is found to be as favourable or more favourable than the judicial outcome, that party is entitled to the partial recovery costs of those portions of the proceeding to which the offer to settle related to be assessed on Column 3 of the Scale of Costs from the commencement of the proceeding to the date before the offer to settle was delivered and on Column 5 of the Scale of Costs from the date of the offer to settle to the conclusion of the proceeding. 25. Rule F25.04(1)(

a) of the rules is repealed and the following substituted: (

a) permits a party or lawyer to appear remotely pursuant to rule F41 ("Appearing Remotely"); or 26. Rule F26.02(2)(

b) of the rules is repealed and the following substituted: (

b) the willingness of th e person seeking decision- making responsibility to facilitate parenting time with each parent; 27. Rule F30.02(1)(

a) of the rules is repealed and the following substituted: (

a) permits a party or lawyer to appear remotely pursuant to rule F41 ("Appearing Remotely"); or 28. Rule F32.02(1) of the rules is repealed and the following substituted: 221 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 F32.02

(1) A person signing an affidavit must only set out facts of which they have personal knowledge, except where this rule provides otherwise. 29. Rule F37.01 of the rules is repealed and the following substituted: F37.01

(1) To the extent that the procedure or time limits in this Part are inconsistent with the Children, Youth and Families Act , t he provisions of the Act will apply.

(2) Any hearing under the Children, Youth and Families Act must be (

a) held as informally as the circumstances of the case permit; (

b) scheduled as expeditiously as the

schedule of the Court allows and as fairness to the parties and affected persons requires; and (

c) held in private unless the judge hearing the matter determines that the proper administration of justice or the interests of a child require otherwise.

(3) A judge may make any order under rule F14.07 ( "Powers of case management judge") not inconsistent with the Children, Youth and Families Act that may assist in focusing a child protection hearing on the matters in dispute.

(4) An application for a protective intervention order and any other application under the Children, Youth and Families Act must be started by presenting the original and one copy of an application to the Court.

(5) An application for another order relating to children in respect of whom a protective intervention order has already b een sought or in respect of other children in the same family must be given the same file number as the original application where the application is made in the same judicial centre. 30. Rule F37.02(1) of the rules is repealed and the following substituted: What information may be contained in an affidavit Proceedings 222 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 F37.02

(1) Upon completion of a presentation hearing as required by

section 31 of the Children, Youth and Families Act and an order being made directing that a protective intervention hearing is to take place, a party may make an app lication for a

summary judgment for a final order without a trial on all or part of any claim made or defence to be presented in the proceeding. 31. Rule F37.03(2) of the rules is repealed and the following substituted:

(2) A judicial case conference ma y only occur at some time after the conclusion of the presentation hearing as required by

section 31 of the Children, Youth and Families Act and before a full hearing occurs. 32. Rule F38.09(5) of the rules is repealed and the following substituted:

(5) Where the Court has notice of the alleged wrongful removal or retention of a child, the Court must not deal with the merits of decision-making rights in respect of the child until an application for return of the child under the Hague Convention on International Child Abduction has been determined, unless a return application is not filed within a reasonable time after notice is given to the Court. 33. The rules are amended by adding immediately after Rule F40 the following: Rule F41 – Appearing Remotely F41.01

(1) For the purposes of this rule, (a) "appear remotely" means to appear at a Court appearance by teleconference, videoconference, or other means of communication acceptable to the Court; and (b) "participant" means a party, a lawyer for a party, or any other individual required to attend a Court proceeding. F41.02

(1) A participant may appear remotely if, upon request to a registry clerk, the Court so permits.

Summary judgment

Definitions Appearing remotely with the permission of the Court 223 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20

(2) Subject to the p rovisions of the Children, Youth and Families Act or another Act, a request to appear remotely at a proceeding other than a trial must be made to the registry clerk at least 3 business days before the appearance.

(3) Subject to the provisions of the Child ren, Youth and Families Act or another Act, a request to appear remotely at a trial must be made at least 3 days before the date scheduled for the trial readiness conference.

(4) A participant may, at any time, apply for a procedural order permitting the participant to appear remotely.

(5) A request to appear remotely or an application for an order to appear remotely at any proceeding must include: (

a) the reason for the request; and (

b) where a videoconference is requested, the proposed arrangements and equipment for the participant’s appearance by videoconference.

(6) Where a participant has been permitted to appear remotely, the Court may: (

a) provide directions regarding the manner of the remote appearance; and (

b) require a party to make any necessary arrangements and to give notice of those arrangements to all other parties and to the Court.

(7) A judge may, at their discretion, appear remotely or order that a participant appear remotely. 41.03 In deciding whether to permit a participant to appear remotely, the Court may consider: (

a) the general principle that evidence and argument are best presented orally and in person; Factors to consider 224 The Newfoundland and Labrador Gazette July 3, 2020

Rules of Supreme Court, 1986 (Amendment) 46/20 (

b) the nature of the evidence to be offered during the appearance and its importance to determining t he issues in the case; (

c) the importance of observing demeanor and whether the observation might be hampered by a remote appearance; (

d) the impact such an appearance might have on the Court’s ability to make findings, including credibility assessments; (

e) whether a party, lawyer for a party, or witness is unable to attend because of infirmity or illness; (

f) the cost and inconvenience of requiring the participant to attend in person; (

g) whether the other parties consent to such an appearance; and (

h) any other relevant consideration. 41.04 Where a participant appears remotely pursuant to rule 41.02(1) a judge may adjourn the proceeding and require the participant to appear in person. 41.05 Where the Court permits a participant to appear remotely, the actual expense of the appearance, unless otherwise ordered by the Court, must be paid by the party making the request. 34.

(1) The rules are amended by repealing and substituting Form 56.12A.

(2) The rules are amended by repealing and substituting the following forms: F 4.03A; F4.04A; F5.05A; F5.06A; F6.02A; F8.03A; F10.02; F11.02; F16.03A; F17.03; F23.01A; F23.02A; F23.05A; F25.03A; F26.02A; F29.02A; F31.02A; F34.02B; F34.02C; F38.04A; F38.04B; and F38.06A. 35.

(1) Sections 1 to 6, 9, 13 to 16, 18 and 19, 21 to 23, 25, 27 to 33 and subsection 34(1) come into force on August 6, 2020.

(2) Sections 7 and 8, 10 to 12, 17, 20, 24, 26 and subsection 34(2) come into force on March 1, 2021. Discretion of the Court Expense of remote appearance Commencement Rules of Supreme Court, 1986 (Amendment) 46/20 ©Queen's Printer 225 The Newfoundland and Labrador Gazette July 3, 2020

227 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A: Originating Application (Family Law) – Instructions for the Applicant Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 1 of 1 How to Make an Originating Application Instructions for the Applicant An Originating Application (Form 4.03A) is a document you must use to start a family law court proceeding. Your Originating Application tells the Court that there are family law issues that you would like to have resolved. If you start an Originating Application, you are the Applicant.

The other person is the Respondent. If you are making an application together with the other person (ie. a joint application), you cannot use this form. You must do a Joint Originating Application (Form F4.04A). Completing Your Originating Application You can fill out this form by hand or you can download and fill out this form electronically at www.court.nl.ca/supreme/family/forms.html (If you fill out the form electronically, you must still print the form, file it with the Court, and serve a copy on the Respondent).

You must fill out pages 1 -5 of the Originating Application and attach any schedules and additional forms that apply to you. If you need more space to fill out any

section of this Originating Application, attach an extra page and indicate which

section is continued on the extra page. Filing Your Originating Application You must make 3 extra copies of your completed and signed Originating Application (including any additional documents). To file your Originating Application, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you (with the filing fee attached). You can look up the fees online: www.court.nl.ca/supreme/fees.html Serving Your Originating Application You must give a copy of th e Originating Application to the Respondent. This is called service.

You have 180 days to serve the Respondent after you have filed the Application. If you do not serve the Application in 180 days, it will expire and you may have to file a new Originating Application. If your Application involves divorce and/or parenting, an adult (who is not you) must hand-deliver the Application to the Respondent. This is called personal service. You will have to file an Affidavit of Service (Form F8.11A) with the Court.

If your Application does not involve divorce or parenting, you can serve the Respondent by personal service, leaving a copy with the Respondent’s lawyer, leaving a copy at the Respondent’s address, registered mail/courier, or regular mail. You can also serve by fax, email, or e lectronic document exchange , if the Respondent has provided that information. You will have to file an Affidavit of Service (Form F8.11A), Acknowledgement o f Service (Form F8. 04A), a copy of the document with the recipient’s lawyer’s endorsement on it, a reply email, or a delivery confirmation with the Court. More Information Questions?

Go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St. John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding or getting a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911 --- REMOVE THIS PAGE BEFORE SERVING THE APPLICATION ON THE RESPONDENT ---

228 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A: Originating Application (Family Law) – Instructions for the Respondent Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 1 of 1 How to Respond to an Originating Application Instructions for the Respondent A family law proceeding has been started against you. You are the Respondent in this proceeding. The person who has started this family law proceeding is the Applicant. Read the attached Originating Application (Form 4.03A) carefully.

The Applicant has explained th e family law issues that he/she would like to have resolved. If you want to oppose any of the Applicant’s claims or if you want to make your own claims, you must file and serve a Response (Form F6.02A). You can get a Response form at any Supreme Court location or online: www.court.nl.ca/supreme/family/forms.html You have only 30 days after this Originating Application has been served on you to file and serve your Response (You have 60 days if you have been served outside of Canada or the United States).

For more information on how to fill out, file, and serve a Response, read the “Instructions for the Respondent” page attached to the Response form. If you do not respond, the Court may proceed and make an order without hearing from you. More Information Questions? You can go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

229The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 1 Form F4.03A: Originating Application (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

Registry Clerk of the Supreme Court of Newfoundland and Labrador BETWEEN: APPLICANT (Print full name) AND: RESPONDENT (Print full name) AND:  NOT APPLICABLE  SECOND APPLICANT  SECOND RESPONDENT (Print full name) You must start your application at the Court location that is closest to you or closest to the other party. However, if your family law matter involves parenting or child support, you must start your application at the Court location that is closest to where your children live.

Check off where your application is required to be heard and note the location where you must file your documents: If your application is required to be heard in… …then you must file your documents in…  Clarenville (Grand Bank Circuit) Grand Bank Supreme Court  Corner Brook Corner Brook Supreme (Family Division)  Gander Gander Supreme Court  Grand Bank Grand Bank Supreme Court  Grand Falls – Windsor Grand Falls – Windsor Supreme Court  Happy Valley – Goose Bay Happy Valley – Goose Bay Supreme Court  Port aux Basques (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Rocky Harbour (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St.

Anthony (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St. John’s St. John’s Supreme Court (Family Division)  Stephenville (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Wabush (Happy Valley – Goose Bay Circuit) Happy Valley – Goose Bay Supreme Court

230 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 2 Check the type of order(

s) that you are seeking: You must fill out the Schedule(

s) that relate to your claim(

s) and attach any additional forms or documents required. Type of Order Fill Out

Schedule Attach  Divorce 1 Original marriage certificate  Parenting (decision-making and parenting time) 2 -  Child Support 3 Financial Statement (Form F10.02A) and/or income information, if applicable  Spousal (married) Support or Partner (unmarried) Support 4 Financial Statement (Form F10.02A)  Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 4 Financial Statement (Form F10.02A)  Division of Matrimonial (married) Property, Common Law (unmarried) Property, or Property under the FHRMIR Act 5 Property Statement (Form F10.04A)  Return of Child (within Canada) 6 Emergency Interim Application (Form 17.03A) if applicable  Consent Order or Agreement 7 Signed consent order or agreement  Contact Order (contact between a child and a person who is not a parent of the child) 7 -  Other: ___________________________________ 7 - Applicant Information Fill in your information below: If you have safety concerns and do not want to provide your contact information, you may provide alternate contact information below.

You must still provide the Court with your actual contact information in a sealed envelope. This envelope will not be available to the other party. Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) If you provide your email address, the Court may contact you by email. Date of Birth Month: Day: Year:

231 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 3 Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Do you wish to have your matter conducted in French?  Yes  No Do you need an interpreter?  Yes  No You may be responsible for your own interpreter fees and arrangements.

If yes, state the language and dialect: Lawyer’s Name, Telephone Number, and Address (if any) Respondent Information Fill in the Respondent’s information below (to the best of your knowledge): Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Is the Respondent a registered Indian under the Indian Act?  Yes  No If yes, what is the name of the Respondent’s band? Does the Respondent live on a reserve? Does the Respondent need an interpreter?  Yes  No The Respondent may be responsible for their own interpreter fees and arrangements. If yes, state the language and dialect: Lawyer’s Name, Telephone Number, and Address (if any)

232 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 4 Fill in the information about your relationship with the Respondent: Your relationship with the Respondent Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, you were  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the Respondent was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if you are starting a proceeding against more than one Respondent.

Attach an extra page to provide the information of the other Respondent(

s) and the details of your relationship with the other Respondent(s).

Fill in the information for every child of your relationship (including children under and over 19 and non-dependents): Child 1 Child 2 Child’s Full Name Mother’s Full Name Father’s Full Name Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Mother’s Full Name Father’s Full Name Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

233 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 5 If child protection services, in this province or elsewhere, have ever been involved with you, the Respondent(s), and/or the children, provide the details below.  Check this box if not applicable. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreements involving you, the Respondent(s), and/or the children.

Attach any written agreements and any court orders not in the Court file. This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection orders, restraining orders, and no-contact orders.  Check this box if not applicable.

234 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 6 (Note: This

Schedule is intended for divorce applications under the Divorce Act. If you are seeking a divorce under the Civil Marriages Act, fill out

Schedule 7.)

Schedule 1 Divorce In order to apply for a divorce, you must be able to satisfy all 4 of the requirements below: 1  There has been a breakdown in our marriage and there is no likelihood that we will get back together. 2  I am a resident of Newfoundland and Labrador and have been a resident of Newfoundland and Labrador for at least 1 year immediately prior to this application.

OR  My spouse is a resident of Newfoundland and Labrador and has been a resident of Newfoundland and Labrador for at least 1 year immediately prior to this application. 3  I have attached the original Certificate of Marriage (or Registration of Marriage) to this Application. If you were married in Canada, you can obtain your Certificate of Marriage from the provincial Vital Statistics Agency.  Check this box if your Certificate of Marriage is not in English or French. You must attach a translation and an Affidavit from the translator.

OR  I was married outside of Canada and I am unable to attach a copy of my Certificate of Marriage (or Registration of Marriage) because it is impossible or impractical to obtain. You will have to make an Interim Application for a Procedural Order (using Form F16.03A) for an Order dispensing with the need to file a Certificate of Marriage. 4  There has been no collusion in relation to this application for a divorce.

I am seeking a divorce because there has been a permanent breakdown in our marriage based upon:  Separation: Check this box if you and your spouse currently live separate and apart and will have lived separate and apart for at least 1 year prior to the determination of the divorce proceeding. If you and your spouse have been living separate and apart for less than 1 year, you may still file an Originating Application for divorce on the ground of separation.

However, you must wait until 1 year has elapsed to file an Application for Judgment for divorce.  Adultery: Check this box if you are seeking divorce because the Respondent has committed adultery. Attach an extra page with details of the adultery. You may be required to present further evidence of the adultery. You do not need to name any other person involved. If you choose to name another person, you must serve this Originating Application on that person by personal service. That other person(

s) will have the same rights as the Respondent in relation to the adultery claim and may file a Response.  Check this box to declare that you have not condoned or connived in the adultery.  Cruelty: Check this box if you are seeking divorce because your spouse has treated you with physical or mental cruelty that makes continued cohabitation intolerable. Attach an extra page with details of the cruelty. You may be required to present further evidence of the physical or mental cruelty.  Check this box to declare that you have not condoned or connived in the cruelty.

235 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 7

Schedule 2 Parenting If you are making a parenting application (decision-making and/or parenting time), fill in the information below: What are the current parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (ie. phone or internet): Other important issues in relation to parenting the child(ren):

236 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 8 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

237 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 9

Schedule 3 Child Support Check all of the boxes that apply:  I am seeking the basic table amount as per the Child Support Guidelines.  I am seeking special and/or extraordinary expenses. You must complete and attach a Financial Statement (Form (F10.02A).  I am seeking an amount of child support that is different from the Child Support Guidelines basic table amount. Depending on your reason(

s) for seeking an amount different from the Child Support Guidelines, you may have to attach further documentation. List your reason(

s) for seeking an amount of child support different from the Child Support Guidelines:  The Respondent and I have agreed to child support in the amount of $ ______________ per month.  My parenting time with the child(ren) is 40% of the year or more. You must complete and attach a Financial Statement (Form F10.02A).  The child(ren) is(are) 19 years of age or older. You must complete and attach a Financial Statement (Form F10.02A).  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually.

You must complete and attach a Financial Statement (Form F10.02A).  I am claiming undue hardship for the following reason(s): You must complete and attach a Financial Statement (Form F10.02A).  Other: Depending on your claim, you may be required to complete and attach a Financial Statement (Form F10.02A).  I am seeking retroactive child support. What is the amount of retroactive child support that you are seeking? $_______________________________ What is the date from which you are seeking retroactive child support? (month/day/year) ____________________ Describe the facts and your reason(

s) for seeking retroactive child support:

238 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 10

Schedule 4 Spousal, Partner, Parental, or Dependant Support If you are seeking spousal, partner, parental, or dependant support, you must complete and attach a Financial Statement (Form F10.02A) Check all of the boxes that apply and fill in the information required:  I am seeking :  Spousal support  Partner support  Parental support  Dependant support Describe the facts and your reason(

s) for seeking support:  I am seeking:  Retroactive spousal support  Retroactive partner support  Retroactive parental support  Retroactive dependant support What is the amount of retroactive support that you are seeking? $__________________________________ What is the date from which you are seeking retroactive support? (month/day/year) _______________________ Describe the facts and your reason(

s) for seeking retroactive support:

239 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 11

Schedule 5 Division of Property If you are seeking a division of matrimonial property or common law property, you must complete and attach a Property Statement (Form F10.04) Check all of the boxes that apply and fill in any information required:  I am seeking an equal division of matrimonial property.  I am seeking an unequal division of matrimonial property. Describe the facts and your reason(

s) for seeking an unequal division of property:  I am seeking exclusive possession of the matrimonial home. Describe the facts and your reason(

s) for seeking exclusive possession of the matrimonial home:  I am seeking a division of common law property. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  I am making a claim under the Family Homes on Reserves and Matrimonial Interests or Rights Act. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  Other: Describe your property claim, the facts, and your reason(

s) for seeking the claim:

240 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 12

Schedule 6 Return of Child (within Canada) If you are seeking a court order for the return of a child or children (within Canada), answer the questions below: You may provide any additional affidavit(

s) necessary. At what address does the child(ren) habitually (normally) live? Set out all of the available facts and information that you have relating to the whereabouts of the child(ren): Set out all the available facts and information that you have regarding the identity of the person that the child(ren) is/are presumed to be with: Set out your reasons for making the application:

241 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 13

Schedule 7 Other Applications If you are seeking a court order for something other than the claims requested in the other Schedules, state what you are seeking, describe the facts, and give reasons:

242 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 14 Statement of Truth You must swear or affirm that the facts and information that you have written in this Originating Application and the attached Schedule(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. Court Registry staff are commissioners of oaths and you may sign this application at the Court when you file it. I declare the facts and information in this Originating Application are true to the best of my knowledge and belief. SWORN TO or AFFIRMED at _______________________, this _________ day of _________________ , 20_____ .

Signature of Applicant Signature of Person Authorized to Administer Oaths Lawyer’s Signature for Fee Waiver I am employed by the Newfoundland and Labrador Legal Aid Commission or a Newfoundland and Labrador government department under the Executive Council Act and I am the lawyer of record in this matter. Signature of Lawyer (if any) Print Name of Lawyer (if any) Lawyer’s Certificate  Check this box if you have a lawyer. Your lawyer must complete this Certificate. If you are not applying for divorce or do not have a lawyer, you do not have to fill out this Certificate.

I, ____________________________________ , the Lawyer for ______________________________________ , (Print Lawyer’s Name) (Print Applicant’s Name) the Applicant, certify to this Court that I have complied with the requirements of s.9 of the Divorce Act. DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Lawyer Address of Lawyer

243 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A: Joint Originating Application – Instructions for Co-Applicants Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 1 of 1 How to Make a Joint Originating Application Instructions for Co-Applicants You may use a Joint Originating Application (Form F4.04A) if you and the other person(

s) consent to your family law issues and want to apply for a family law order together. If you and the other person(

s) disagree on any family law issues, you cannot use this form. Instead, you must do an Originating Application (Form F4.03A). Completing Your Joint Originating Application You can fill out this form by hand or you can download and fill out this form electronically at www.court.nl.ca/supreme/family/forms.html (If you fill out the form electronically, you must still print the form and file it with the Court). You must fill out all of the pages in this Joint Originating Application and attach an agreement or a Consent Order (Form F34.02A and/or F34.02B). If you need more space to fill out any

section of this Joint Originating Application, attach an extra page and indicate which

section is continued on the extra page. Filing Your Joint Originating Application You must make 2 extra copies of your completed and signed Joint Originating Application (including any attachments). File your original Joint Originating Application with the Court. To file your Joint Originating Application, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you.

Serving Your Joint Originating Application Since all of the Co-Applicants have signed the filed Joint Originating Application, you do NOT need to serve the Joint Originating Application on the other Co-Applicant(s). However, you should still make sure all the Co-Applicants have a copy of the Joint Originating Application and all attachments. More Information Questions? Go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding or getting a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

244The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 1 Form F4.04A: Joint Originating Application (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

Registry Clerk of the Supreme Court of Newfoundland and Labrador BETWEEN: CO-APPLICANT (Print full name) AND: CO-APPLICANT (Print full name) AND:  NOT APPLICABLE  CO-APPLICANT(Print full name) You must start your application at the Court location that is closest to you or closest to the other party. However, if your family law matter involves parenting or child support, you must start your application at the Court location that is closest to where your children live.

Check off where your a pplication is required to be heard and note the location where you must file your documents: If your application is required to be heard in… …then you must file your documents in…  Clarenville (Grand Bank Circuit) Grand Bank Supreme Court  Corner Brook Corner Brook Supreme (Family Division)  Gander Gander Supreme Court  Grand Bank Grand Bank Supreme Court  Grand Falls – Windsor Grand Falls – Windsor Supreme Court  Happy Valley – Goose Bay Happy Valley – Goose Bay Supreme Court  Port aux Basques (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Rocky Harbour (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St.

Anthony (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St. John’s St. John’s Supreme Court (Family Division)  Stephenville (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Wabush (Happy Valley – Goose Bay Circuit) Happy Valley – Goose Bay Supreme Court

245 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 2 Check the type of order(

s) that you are seeking: You must fill out and file the Schedule(

s) and any additional documents that relate to your claim(s). Type of Order Fill Out

Schedule Attachment(s)  Divorce 1 Original marriage certificate  Parenting (decision-making and parenting time) 2 Consent Order or agreement  Child Support 3 Consent Order or agreement  Spousal (married) Support or Partner (unmarried) Support 4 Consent Order or agreement  Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 4 Consent Order or agreement  Division of Matrimonial (married) Property, Common Law (unmarried) Property, or Property under the FHRMIR Act 5 Consent Order or agreement  Contact Order (contact between a child and a person who is not a parent of the child) 6 -  Other: ___________________________________ 6 Consent Order or agreement Fill in the information below for the first Co-Applicant: Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) If you provide your email address, the Court may contact you by email.

Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve?

246 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 3 Do you wish to have your matter conducted in French?  Yes  No Do you need an interpreter?  Yes  No You may be responsible for your own interpreter fees and arrangements.

If yes, state the language and dialect: Lawyer’s Name, Telephone Number, and Address (if any) Fill in the information below for the second Co-Applicant: Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email. Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Do you wish to have your matter conducted in French?  Yes  No Do you need an interpreter?  Yes  No You may be responsible for your own interpreter fees and arrangements. If yes, state the language and dialect: Lawyer’s Name, Telephone Number, and Address (if any)

247 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 4 Fill in the information about your relationship below: Relationship of the parties Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, the first Co-Applicant was  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the second Co-Applicant was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if there are more than 2 Co-Applicants.

Attach an extra page to provide the information of the other Co-Applicant(

s) and details of your relationship with the other Co-Applicant(s).

Fill in the information for every child of your relationship (including children under and over 19 and non-dependents): Child 1 Child 2 Child’s Full Name Mother’s Full Name Father’s Full Name Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Mother’s Full Name Father’s Full Name Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

248 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 5 If child protection services, in this province or elsewhere, have ever been involved with you, the Respondent(s), and/or the children, provide the details below.  Check this box if not applicable. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreements involving you, the Respondent(s), and/or the children.

Attach any written agreements and any court orders not in the Court file. This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection orders, restraining orders, and no-contact orders.  Check this box if not applicable.

249 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 6 (Note: This

Schedule is intended for divorce applications under the Divorce Act. If you are seeking a divorce under the Civil Marriages Act, fill out

Schedule 6.)

Schedule 1 Divorce In order to apply for a divorce, you must be able to satisfy all 4 of the requirements below: 1  There has been a breakdown in our marriage and there is no likelihood that we will get back together. 2  I am a resident of Newfoundland and Labrador and have been a resident of Newfoundland and Labrador for at least 1 year immediately prior to this application.

OR  My spouse is a resident of Newfoundland and Labrador and has been a resident of Newfoundland and Labrador for at least 1 year immediately prior to this application. 3  I have attached the original Certificate of Marriage (or Registration of Marriage) to this Application. If you were married in Canada, you can obtain your Certificate of Marriage from the provincial Vital Statistics Agency.  Check this box if your Certificate of Marriage is not in English or French. You must attach a translation and an Affidavit from the translator.

OR  I was married outside of Canada and I am unable to attach a copy of my Certificate of Marriage (or Registration of Marriage) because it is impossible or impractical to obtain. You will have to make an Interim Application for a Procedural Order (using Form F16.03A) for an Order dispensing with the need to file a Certificate of Marriage. 4  There has been no collusion in relation to this application for a divorce.

We are seeking a divorce because there has been a permanent breakdown in our marriage based upon separation:  Check this box if the parties currently live separate and apart and will have lived separate and apart for at least 1 year prior to the determination of the divorce proceeding. If the parties have been living separate and apart for less tha n 1 year, you may still file an Application for divorce on the ground of separation. However, you must wait until 1 year has elapsed to file an Application for Judgment for divorce.

Check the box that applies to you and fill out any information needed:  There are no children of the marriage OR  Reasonable arrangements have been made for the support of the children (Give details and include your annual incomes):

250 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 7

Schedule 2 Parenting If you are making a parenting application for a parenting order (decision-making and/or parenting time), fill in the information below: What are the current parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (ie. phone or internet): Other important issues in relation to parenting the child(ren):

251 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 8 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

252 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 9

Schedule 3 Child Support Check all of the boxes that apply:  We agree to the basic table amount as per the Child Support Guidelines.  We agree on special and/or extraordinary expenses.  We agree to an amount of child support that is different from the Child Support Guidelines basic table amount. What are your incomes? Co-Applicant 1’s Annual Income: $ Co-Applicant 2’s Annual Income: $ What are your reason(

s) for an amount of child support that is different from the Child Support Guidelines?  We agree to child support in the amount of $ _____________________________ per month.  Each of us has parenting time with the child(ren) for 40% of the year or more.  The child(ren) is(are) 19 years of age or older.  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually.  One or more of us is claiming undue hardship for the following reason(s):  Other:  We agree to an amount of retroactive child support. Describe the reason(

s) for retroactive child support:

253 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 10

Schedule 4 Spousal, Partner, Parental, or Dependant Support Check all of the boxes that apply and fill in the information required:  We have agreed to an amount of :  Spousal support  Partner support  Parental support  Dependent support Describe the reason(

s) for support:  We have agreed to an amount of:  Retroactive spousal support  Retroactive partner support  Retroactive parental support  Retroactive dependent support Describe the reason(

s) for retroactive support:

254 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 11

Schedule 5 Division of Property Check all of the boxes that apply and fill in any information required:  We agree to an equal division of matrimonial property.  We agree to an unequal division of matrimonial property. Describe the reason(

s) for an unequal division of property:  We agree to a division of common law property. Describe the property claim and the reason(

s) for the property claim:  We agree to a division of property under the Family Homes on Reserves and Matrimonial Interests or Rights Act. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  Other: Describe the property claim and the reason(

s) for the property claim:

255 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 12

Schedule 6 Other Applications If you have come to an agreement on something other than the claims listed in the other Schedules, state what you are agreeing to and give reasons:

256 The Newfoundland and Labrador Gazette July 3, 2020 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 13 If there are more than 2 Co-Applicants, attach an extra page with the signatures required below. Statement of Truth All Co-Applicants must swear or affirm that the facts and information in this Application, the attached schedules, and the attached Consent Order(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. Court Registry staff are commissioners of oaths and you may sign this application at the Court when you file it. First Co-Applicant Second Co-Applicant I declare the facts and information in this Joint Originating Application are true to the best of my knowledge and belief. I declare the facts and information in this Joint Originating Application are true to the best of my knowledge and belief.

SWORN TO or AFFIRMED at ___________________, this ________ day of _________________ , 20_____ . SWORN TO or AFFIRMED at ___________________, this ________ day of _________________ , 20_____ . Signature of First Co-Applicant Signature of Second Co-Applicant Commissioner of Oaths / Justice of the Peace Commissioner of Oaths / Justice of the Peace Lawyer’s Certificate If any of the Co -Applicants has a lawyer and you have applied for a divorce, your lawyer(

s) must complete this Certificate. If none of the Co-Applicants has a lawyer, you do not need to fill out this section. First Co-Applicant’s Lawyer (if any) Second Co-Applicant’s Lawyer (if any) I, ____________________________, the Lawyer for ____________________________, the Co -Applicant, certify that I have compl ied with the requirements of s.7.7 of the Divorce Act. I, ____________________________, the Lawyer for ____________________________, the Co -Applicant, certify that I have complied with the requirements of s.7.7 of the Divorce Act.

Dated at ___________________________________, this ________ day of _________________ , 20_____ . Dated at ___________________________________, this ________ day of _________________ , 20_____ . Signature of Lawyer Signature of Lawyer

257 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A: Originating Application for Variation – Instructions for the Applicant Supreme Court of Newfoundland and Labrador Rules of Supreme Court, 1986 (June 2020) Page 1 of 1 How to Make an Originating Application for Variation Instructions for the Applicant You may use an Originating Application for Variation (Form F5.0 5A) if you want to change a final family law order. If you start an Originating Application for Variation, you are the Applicant. The other person is the Respondent.

If you are making an applicatio n together with the other person (i.e. a joint application), you cannot u se this form. You must make a Joint Originating Application for Variation (Form F5.06A). Completing Your Originating Application for Variation You can fill out this form by hand or you can download and fill out this form electronically at www.court.nl.ca/supreme/family/forms.html (If you fill out the form electronically, you must still print the form, file it with the Court, and serve a copy on the Respondent).

You must fill o ut pages 1 -5 of the Originating Application for Variation and attach any schedules and additional forms that apply to you. If you need more space to fill out any

section of this Originating Application for Variation, attach an extra page and indicate which

section is continued on the extra page. Filing Your Originating Application for Variation You must make 3 extra copies of your completed and signed Originating Application for Variation (including any attachments). F ile the original Originating Applicat ion for Variation with the Court. To file your Originating Application for Variation, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you ( with the filing fee attached ).

You can look up the f ees online: www.court.nl.ca/supreme/fees.html Serving Your Originating Application for Variation Once you have filed your completed Originating Application for Variation with the Court, you must give a copy of the Application and the ‘Instructions for the Respondent’ page to the Respondent. This is called service. You have 180 days to serve the Respondent after you have filed the Application. If you do not serve the Application in 180 days, it will expire and you may have to file a new Application.

If your Application involves parenting, an adult (who is not you) must hand -deliver the Application to the Respondent. This is called personal service. If your Application does not involve parenting, you can serve the Respondent by leaving a copy with the Respondent’s lawyer, l eaving a copy at the Respondent’s address, registered mail/courier, or regular mail. You may also serve the Respondent using fax, email, or electronic document exchange, if the Respondent has provided that information. You may have to file an Affidavit of Service (Form F8.03A) or Acknowledgement of Service (Form F8.04A) with the Court.

These forms are available online: www.court.nl.ca/supreme/family/forms.html More Information Questions? Go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911 --- REMOVE THIS PAGE BEFORE SERVING THE APPLICATION ---

258 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A: Originating Application for Variation – Instructions for the Respondent Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 1 of 1 How to Respond to an Originating Application for Variation Instructions for the Respondent A family law proceeding has been started against you. You are the Respondent in this proceeding. The person who has started this family law proceeding is the Applicant. Read the attached Originating Application for Variation (Form F5.0 5A) carefully.

The Applicant has explained the family law issues that he/she would like to have resolved. If you want to oppose any of the Applicant’s claims or if you want to make your own claims, you must file and serve a Response (Form F6.02A). You can find the Response form at any Supreme Court location or online: www.court.nl.ca/supreme/family/forms.html You have only 30 days after this Originating Application for Variation has been served on you to file and serve your Response (You have 60 days if you have been served outside of Canada or the United States).

For more information on how to fill out, file, and serve a Response, read the “Instructions for the Respondent” page attached to the Response form. If you do not respond, the Court may proceed and make an order without hearing from you. More Information Questions? You can go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

259The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 1 Form F5.05A: Originating Application for Variation (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

Registry Clerk of the Supreme Court of Newfoundland and Labrador BETWEEN: APPLICANT (Print full name) AND: RESPONDENT (Print full name) AND:  NOT APPLICABLE  SECOND APPLICANT  SECOND RESPONDENT (Print full name) You must start your application at the Court location that is closest to you or closest to the other party. However, if your family law matter involves parenting or child support, you must start your application at the Court location that is closest to where your children live.

Check off where your application is required to be heard and note the location where you must file your documents: If your application is required to be heard in… …then you must file your documents in…  Clarenville (Grand Bank Circuit) Grand Bank Supreme Court  Corner Brook Corner Brook Supreme (Family Division)  Gander Gander Supreme Court  Grand Bank Grand Bank Supreme Court  Grand Falls – Windsor Grand Falls – Windsor Supreme Court  Happy Valley – Goose Bay Happy Valley – Goose Bay Supreme Court  Port aux Basques (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Rocky Harbour (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St.

Anthony (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St. John’s St. John’s Supreme Court (Family Division)  Stephenville (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Wabush (Happy Valley – Goose Bay Circuit) Happy Valley – Goose Bay Supreme Court

260 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 2 Check the type of order(

s) that you want to change: You must fill out the Schedule(

s) that relate to your claim(

s) and attach any additional forms or documents required. Type of Order Fill Out

Schedule Attach  Parenting (decision-making and parenting time) 1 -  Child Support 2 Financial Statement (Form F10.02A) and/or income information, if applicable  Spousal (married) Support or Partner (unmarried) Support 3 Financial Statement (Form F10.02A)  Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 3 Financial Statement (Form F10.02A)  Consent Order or Agreement 4 Signed consent order or agreement  Contact Order (contact between a child and a person who is not a parent of the child) 4 -  Other: ___________________________________ 4 - Fill in the details for the order that you are seeking to vary: Date Order was Issued Month: Day: Year: Which Court?

Place of Order City: Province: Country: Name of Justice or Judge  Check this box if you have more than 1 order that you are seeking to change. Attach an extra page at the end of this application to provide the details of those orders. Applicant Information Fill in your information below: If you have safety concerns and do not want to provide your contact information, you may provide alternate contact information below. You must still provide the Court with your actual contact information in a sea led envelope. This envelope will not be available to the other party.

Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code

261 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 3 Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email. Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Do you wish to have your matter conducted in French?  Yes  No Do you need an interpreter?  Yes  No You may be responsible for your own interpreter fees and arrangements.

If yes, state the language and dialect: Lawyer’s Name, Telephone Number, and Address (if any) Respondent Information Fill in the Respondent’s information below (to the best of your knowledge): Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National

262 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 4 Is the Respondent a registered Indian under the Indian Act?  Yes  No If yes, what is the name of the Respondent’s band? Does the Respondent live on a reserve? Does the Respondent need an interpreter?  Yes  No The Respondent may be responsible for their own interpreter fees and arrangements.

If yes, state the language and dialect: Lawyer’s Name, Telephone Number, and Address (if any) Fill in the information about your relationship with the Respondent: Your relationship with the Respondent Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, you were  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the Respondent was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if you are starting a proceeding against more than one Respondent.

Attach an extra page to this Application to provide the information of the other Respondent(

s) and the details of your relationship with the other Respondent(s). Fill in the information for every child of your relationship (including children under and over 19 and non-dependents): Child 1 Child 2 Child’s Full Name Mother’s Full Name Father’s Full Name Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs

263 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 5 Child 3 Child 4 Child’s Full Name Mother’s Full Name Father’s Full Name Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children. Attach an extra page to provide the details of those children.

If child protection services, in this province or elsewhere, have ever been involved with you, the Respondent(s), and/or the children, provide the details below.  Check this box if not applicable. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreements involving you, the Respondent(s), and/or the children. Attach any written agreements and any court orders not in the Court file.

This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection orders, restraining orders, and no-contact orders.  Check this box if not applicable.

264 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 6 Statement of Truth You must swear or affirm that the facts and information you have written in this Application and the attached Schedule(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. You may also do this at the court registry. I declare that the facts and information in this Originating Application for Variation are true to the best of my knowledge and belief. SWORN TO or AFFIRMED at _______________________, this _________ day of _________________ , 20_____ .

Signature of Applicant Signature of Person Authorized to Administer Oaths Lawyer’s Signature for Fee Waiver I am employed by the Newfoundland and Labrador Legal Aid Commission or a Newfoundland and Labrador government department under the Executive Council Act and I am the lawyer of record in this matter. Signature of Lawyer (if any) Print Name of Lawyer (if any)

265 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 7

Schedule 1 Parenting Complete this

section if you are applying to change parenting arrangements (decision-making and/or parenting time): Why are you asking to have the parenting order changed? Describe what has changed since the time the parenting order was made. What are the current parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

266 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 8 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

267 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 9

Schedule 2 Child Support Complete this

section if you are applying to change child support: What is your current child support arrangement? Are there arrears or unpaid support?  Yes  No If yes, attach the most current Support Enforcement (SED) statement and specify: Amount: $_________________________________________________________ As of (date) (month/day/year): _________________________________________ Is child support assigned to be paid to someone else? (eg.

Department of Advanced Education, Skills, and Labour)  Yes  No If yes, provide the details of the assignment arrangement: Check all of the boxes that apply and fill in the information required:  I am seeking a change in the Child Support Guidelines basic table amount of child support: For the following child(ren): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in the amount of child support: You must attach all of the financial documents required by page 4 of the Financial Statement (Form F10.02A).

268 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 10  I am seeking a change in child support to an amount that is different from the Child Support Guidelines basic table amount. For the following child(ren): Effective Date: Month: Day: Year: List your reason(

s) for seeking an amount of child support different from the Child Support Guidelines: Depending on your reasons for seeking an amount different from the Child Support Guidelines, you may have to file additional documentation.  The Respondent and I have agreed to child support in the amount of $ ______________ per month.  My parenting time with the child(ren) is 40% of the year or more. You must complete and attach a Financial Statement (Form F10.02A).  The child(ren) is(are) 19 years of age or older.

You must complete and attach a Financial Statement (Form F10.02A).  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually. You must complete and attach a Financial Statement (Form F10.02A).  I am claiming undue hardship for the following reason(s): You must complete and attach a Financial Statement (Form F10.02A).  Other: Depending on your claim, you may be required to complete and attach a Financial Statement (Form F10.02A).  I am seeking a change in the amount of special and/or extraordinary expenses.

You must complete and attach a Financial Statement (Form F10.02A).You must also provide the information below: For the following child(ren): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in the amount of special and/or extraordinary expenses:

269 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 11  I am seeking retroactive child support. For the following child(ren): Effective Date: Month: Day: Year: What is the amount of retroactive child support that you are seeking? $_______________________________ Describe the facts and your reason(

s) for seeking retroactive child support:  I am seeking a termination of child support. For the following child(ren): Effective Date: Month: Day: Year: List your reason(

s) for terminating child support:  I am seeking child support because a change in our parenting arrangement(

s) has given rise to child support and there is no child support order currently in place. You must file and complete

Schedule 1 – Parenting of this form. If you are seeking an amount different from the Child Support Guidelines basic table amount, you must also complete and attach a Financial Statement (Form F10.02A). For the following child(ren): Effective Date: Month: Day: Year: What is the amount of child support that you are seeking? $________________________________________ Describe your claim, the facts, and your reason(

s) for seeking support:

270 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 12  Other changes to child support: For the following child(ren): Effective Date: Month: Day: Year: What is the amount of child support that you are seeking? $________________________________________ Describe your claim, the facts, and your reason(

s) for seeking a change in support:

271 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 13

Schedule 3 Spousal, Partner, Parental, or Dependant Support If you are seeking a change in spousal, partner, parental or dependant support, you must complete and attach a Financial Statement (Form F10.02A) If you are applying to change spousal, partner, parental, and/or dependant support, fill in the information below: What is your current spousal, partner, parental, and/or dependant support arrangement?

Are there arrears or unpaid support?  Yes  No If yes, attach the most current Support Enforcement (SED) statement and specify: Amount: $_________________________________________________________ As of (date) (month/day/year): _________________________________________ Is support assigned to be paid to someone else? (eg. Department of Advanced Education, Skills and Labour)  Yes  No If yes, provide the details of the assignment arrangement: Check all of the boxes that apply and fill in the information required:  I am seeking a change in spousal, partner, parental, or dependant support.

For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in support:

272 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 14  I am seeking retroactive spousal, partner, parental, or dependant support. For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking retroactive support:  I am seeking a termination of spousal, partner, parental, or dependant support. For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for terminating support:  Other change(

s) to spousal, partner, parental, or dependant support: For the following person(s): Effective Date: Month: Day: Year: Describe your claim, the facts, and your reason(

s) for seeking a change in support:

273 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 15

Schedule 4 Other If you want to change a court order for something other than what is in the other Schedules, state what you are seeking, describe the facts, and give reasons:

274 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.06A: Joint Originating Application for Variation (Family Law) – Instructions Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 1 of 1 How to Make a Joint Originating Application for Variation Instructions for Co-Applicants You may use a Joint Originating Application for Variation (Form F5.06A) if you and the other person(

s) would like to change a family law order together. You and the other person(

s) are Co-Applicants. If there are any issues that you do not agree on , you must use the general Originating Application for Variation (Form F5.05A). However, you can still do Consent Order(

s) on the issues you agree on. Completing Your Joint Originating Application for Variation You can fill out this form by hand or you can download and fill out this form electronically at www.court.nl.ca/supreme/family/forms.html (If you fill out the form electronically, you must still print the form and file it with the Court). You must fill out the entire Joint Originating Application for Variation and attach an agreement or a Consent Order (Form F34.02A and/or F34.02B). If you need more space to fill out any

section of this Joint Originating Application for Variation, attach an extra page and indicate which

section is continued on the extra page. Filing Your Joint Originating Application for Variation You must make 2 extra copies of your completed and signed Joint Originating Application for Variation (including any additional documentation). File your original Joint Originating Application for Variation with the Court. To file your Joint Originating Application for Variation, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you.

Serving Your Joint Originating Application for Variation Since all of the Co-Applicants have signed the Joint Originating Application for Variation, it does NOT need to be served on the other Co-Applicant(s). However, you should still make sure all of the Co-Applicants have a copy of the Joint Originating Application for Variation and all attachments. More Information Questions? Go to www.court.nl.ca/supreme/family or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

275The Newfoundland and Labrador Gazette July 3, 2020 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 2 Form F5.06A: Joint Originating Application for Variation (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

Registry Clerk of the Supreme Court of Newfoundland and Labrador BETWEEN: CO-APPLICANT (Print full name) AND: CO-APPLICANT (Print full name) AND:  NOT APPLICABLE  CO-APPLICANT(Print full name) You must start your application at the Court location that is closest to you or closest to the other party. However, if your family law matter involves parenting or child support, you must start your application at the Court location that is closest to where your children live.

Check off where your application is required to be heard and note the location where you must file your documents: If your application is required to be heard in… …then you must file your documents in…  Clarenville (Grand Bank Circuit) Grand Bank Supreme Court  Corner Brook Corner Brook Supreme (Family Division)  Gander Gander Supreme Court  Grand Bank Grand Bank Supreme Court  Grand Falls – Windsor Grand Falls – Windsor Supreme Court  Happy Valley – Goose Bay Happy Valley – Goose Bay Supreme Court  Port aux Basques (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Rocky Harbour (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St.

Anthony (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St. John’s St. John’s Supreme Court (Family Division)  Stephenville (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Wabush (Happy Valley – Goose Bay Circuit) Happy Valley – Goose Bay Supreme Court

276 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 3 Check the type of order(

s) that you are seeking: You must fill out and file the Schedule(s), and any additional Form(

s) that relate to your claim(s). Type of Order Fill Out

Schedule Fill Out Form(

s) or Attach Document(s)  Parenting (decision-making and parenting time) 1 Consent Order or Agreement  Child Support 2 Consent Order or Agreement  Spousal (married) Support or Partner (unmarried) Support 3 Consent Order or Agreement  Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 3 Consent Order or Agreement  Contact Order (contact between a child and a person who is not a parent of the child) 4 Consent Order or Agreement  Other: ___________________________________ 4 Consent Order or Agreement Fill in the details for the order that you are seeking to vary: Date Order was Issued Month: Day: Year: Which Court?

Place of Order City: Province: Country: Name of Justice or Judge  Check this box if you have more than 1 order that you are seeking to change. Attach an extra page at the end of this application to provide the details of those orders.

Fill in the information below for the first Co-Applicant: Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) If you provide your email address, the Court may contact you by email. Date of Birth Month: Day: Year:

277 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 4 Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Do you wish to have your matter conducted in French?  Yes  No Do you need an interpreter?  Yes  No You may be responsible for your own interpreter fees and arrangements.

If yes, state the language and dialect: Lawyer’s Name, Telephone Number, and Address (if any) Fill in the information below for the second Co-Applicant: Current Last Name Last Name at Birth: First Name Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email. Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Do you wish to have your matter conducted in French?  Yes  No Do you need an interpreter?  Yes  No You may be responsible for your own interpreter fees and arrangements. If yes, state the language and dialect: Lawyer’s Name, Telephone Number, and Address (if any)

278 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 5 Fill in the information about your relationship below: Relationship of the parties Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, the first Co-Applicant was  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the second Co-Applicant was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if there are more than 2 Co-Applicants.

Attach an extra page to provide the information of the other Co-Applicant(

s) and details of your relationship with the other Co-Applicant(s).

Fill in the information for every child of your relationship (including children under and over 19 and non-dependents): Child 1 Child 2 Child’s Full Name Mother’s Full Name Father’s Full Name Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Mother’s Full Name Father’s Full Name Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

279 The Newfoundland and Labrador Gazette July 3, 2020 Form F5.06A – Joint Originating Application for Variation (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (June 2020) Page 6 If child protection services, in this province or elsewhere, have ever been involved with you, the Respondent(s), and/or the children, provide the details below.  Check this box if not applicable. Provide the de

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2020-07-03
Type	gazette
Volume / chapter	nlg20200703
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a44f13552a2c33223e5831f95ab05a3ac71f98c6

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