Newfoundland and Labrador Gazette, Part II — 27 June 2014, Vol. 89, No. 26 — Government Notices and Official Publications

NLG 2014-06-27

Newfoundland and Labrador — Gazette

237 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 89 ST. JOHN’S, FRIDAY, JUNE 27, 2014 No. 26 JUDICATURE ACT SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Rules of the Supreme Court, 1986 Criminal Proceedings Guidelines PRACTICE NOTE P.N. (TD) No. 2014-01 DATE ISSUED: June 13, 2014 RULES AFFECTED: N/A EFFECTIVE DATE: June 30, 2014 PREVIOUS PRACTICE NOTES REVISED: N/A The following Practice Note is published pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986 and Rule 1.04 of the Criminal Proceedings Guidelines. NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2014 as enacted up to June 5, 2014.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 27, 2014 238 REQUESTING INSTALLATION OF SPECIAL EQUIPMENT FOR CRIMINAL, CIVIL AND FAMILY TRIALS Background and Purpose 1. From time to time, parties approach Court staff indicating that they wish to install special equipment in the courtroom for use in presenting evidence (for example, special mon itors, playback equipment or other equipment to display electronic or digital evidence) or for some other purpose dur ing a trial.

The following practice note is issued to: (1) provide guidance to such parties on how to make their request; and (2) reduce the risk of delays that can result from the malfunctioning of equipment installed in the courtroom. Practice Note 2. Where a party needs to install specialized equ ipment in the courtroom prior to the commencement of a trial, they must contact the Trial Coordinator in writing at least two weeks prior to the commencement of the trial. 3.

The request may be made by letter or by email directed to the Trial Coordinator at the following addresses: Trial Coordinator Supreme Court of Newfoundland and Labrador, General Division 309 Duckworth Street P.O. Box 937 St. John’s, NL A1C 5M3 OR inquiries@supreme.court.nl.ca Subject line: Trial Coordinator – Special Equipment Request 4.

The letter or email must set out: (1) the name and contact in formation of the requesting part y; (2) the style of cause of the matter and file number; (3) the date the trial is scheduled to commence; (4) the nature of the equipment required; and (5) whether the equipment will be provided by the party or whether they are requesting that the Court provide it. 5. The Trial Coordinator will determine wh ether the requested equipment is avai lable and, if so, will contact the requesting party to arrange for the installation.

If the reque sted equipment is unavailable, the Trial Coordinator will inform the requesting party and the requesting party will be responsible for providing it. 6. Once the equipment is installed in the Court, the requesting pa rty must test that the equipm ent is functioning with the intended media (for example, if the equipment is required to play an audio or video file, the actual file must be tested on the equipment) no later than two days before the start of trial to minimize any delays that might result from malfunctioning equipment. Authorized by: David B. Orsborn CHIEF JUSTICE (

A) OF THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR, TRIAL DIVISION Darlene Wells REGISTRAR OF THE TRIAL DIVISION OF THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR June 27

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 27, 2014 239 URBAN AND RURAL PLANNING ACT, 2000 TOWN OF PARADISE NOTICE OF REGISTRATION DEVELOPMENT REGULATIONS AMENDMENT No. 73, 2013 TAKE NOTICE that the TOWN OF PARADISE Development Regulations Amendment No. 73, 2013, adopted by Council on the 18 th day of March, 2014, has been registered by the Minister of Municipal and Intergovernmental Affairs. In general terms, the amendment rezones land located along Ortega Drive from Re sidential Subdivision Area (RSA) to Rural Residential (RR).

The intent of the amendment is to accommodate the development of a six (6) lot un-serviced residential subdivision. ST. JOHN’S URBAN REGION REGIONAL PLAN AMENDMENT No. 11, 2013 The Minister of Municipal an d Intergovernmental Affairs has approved St. John’s Urban Region Regional Plan Amendment No. 11, 2013. Th e amendment re-designates land west of Topsail Pond Ro ad, as well as along Ortega Drive and Buckingham Drive from “Rural” and “Restricted Development” to “Urban Deve lopment”. This Regional Plan Amendment was required in order for the Town to proceed with Development Regulations Amendment No. 73, 2013.

The amendments come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone wishing to inspect a copy of Development Regulations Am endment No. 73, 2013 and St. John’s Urban Region Regional Plan Amendment No. 11, 2013 may do so at the Paradise Town Hall, 28 McNamara Drive, during normal hours of operation.

TOWN OF PARADISE Terrilynn Smith, Town Clerk PO #39161 June 27 QUIETING OF TITLES ACT COURT NO. 2013 01G 5501 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER OF the Quieting of Titles Act , RSNL1990 cQ-3 and amendments thereto (the "Act"); AND IN THE MATTER OF all that piece or parcel of land situate and being at South Bran ch, District of St. Georges- Stephenville East, Province of Newfoundland and Labrador containing an area of 16.076 hectares; AND IN THE MATTER OF an A pplication of JOHN GILLAM, of Oxnard, State of California, USA.

NOTICE NOTICE IS HEREBY given to all parties that JOHN GILLAM, of Oxnard, in the State of California, USA (hereinafter call the "Owner") has applied to the Supreme Court of Newfoundland and Labrador, Trial Division to have investigated: All that piece or parcel of land situate and being at South Branch, District of St.

Georges-Stephenville East, Newfoundland and Labrador, Canada abutted and bounded as follows: That is to say; Beginning at a point having coordinates N5307734.877 E4579512 derived from Control Monument number 84G4l 87; Thence by land of T'Rail Park, 20 metres wide, N36°39'04"E a distance of 39.724 metres; Thence N26°35'31"E a distance of 72.732 metres; Thence N23°32'39"E a distance of 246.077 metres; Thence crossing a Road Reserve, 20 metres wide, N28°37'24"E a distance of 21.069 metres; Thence by land of T'Rail Park, 20 metres wide, N29°48"39"E a distance of 117.301 metres; Thence by land of Rita Gill am S27°30'04"W a distance of 531.687 metres; Thence crossing a Road Reserve, 20 metres wide, S5°59'26"W a distance of 26.799 metres, Thence by the sideline of the Trans Canada Highway, 60.96 metres wide S28°00'55"W a distance of 25.182 metres; Thence by Crown Land S61°48'41"W a distance of 366.534 metres; Thence by land of Henry Gear or Assigns, Vol. 64 Fol. 151, N27°32'19"W a distance of 282.912 metres to a point of beginning.

Reserving out of the above described parcel of land a road reserve, 20 metres wide, running through the property as shown, The herein described parcel of land contains an area of 16.076 hectares and is more pa rticularly delineated on the plan number 12140-1 hereto attached;

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 27, 2014 240 All bearings refer to the meridian of fifty-eight degrees thirty minutes west longitude of the Modified Three Degree Transverse Mercator Projection (NAD83). Robin C.

Davis Newfoundland Land Surveyor Dated: August 1, 2012 Stephenville Crossing, NL All persons having title adverse to the said title claims by the Owner shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division particulars of such adverse claim and serve same, together with an Affidavit verifying same, on th e undersigned solicitors for the Applicant, on or before the 14 th day of July, 2014, after which date no party having a claim shall be permitted to file same or be heard except by leave of the Court and subject to such conditions as the Court may deem just.

All adverse claims shall then be registered on such manner as the Supreme Court may direct. GITTENS & ASSOCIATES Solicitors for the Applicant PER: Sharon McKim-Ryan ADDRESS FOR SERVICE: The Stonehouse, 8 Kenna's Hill St. John's, NL A1A 1H9 Tel: (709) 579-8424 Fax: (709) 738-1339 June 27

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 27, 2014 241 2011 08G 0151 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER OF the Quieting of Titles Act , RSNL1990 cQ-3, and amendments thereto; AND IN THE MATIER OF all that piece or parcel of land situate and being at Happy Valley-Goose Bay, in the Electoral District of Lake Melville and more commonly known as 30 Markland Road, Happy Valley-Goose Bay, in the Province of Newfoundland and Labrador; AND IN THE MATIER OF an Application by BENJAMIN PONNIUK and BARBARA PARDY, both of Happy Valley-Goose Bay, in the Province of Newfoundland and Labrador, Canada; NOTICE OF APPLICATION NOTICE IS HEREBY given to all parties that BENJAMIN PONNIUK and BARBARA PARDY, of the Town of Happy Valley-Goose Bay, in the Province of Newfoundland and Labrador, ha s applied to the Supreme Court of Newfoundland and Labrador, Trial Division, to have the title to ALL THAT pi ece or parcel of land situate and being in Happy Valley-Goose Bay, in the Electoral District of Lake Melville, in the Province of Newfoundland and Labrador, Canada, and being more particularly described and delineated in

Schedule "A" hereto annexed and which are filed with the Application in this matter in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division at Happy Valley-Goose Bay investigated for declaration that the said BENJAMIN PONNIUK and BARBARA PARDY are the absolute owners thereof, free from the exceptions and qualifications in

section 22 of the Quieting of Titles Act.

All persons having title adverse to the said title claimed by the said BENJAMIN PONN IUK and BARBARA PARDY shall file at the Registry of the Supreme Court of Newfoundland and Labrador, Tr ial Division, at Happy Valley-Goose Bay particulars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned, the Solicitors for the Applicant, on or before the 11 th day of July, 2014, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All adverse claims shall be investigated in such manner as the Supreme Court may direct. DATED at Happy Valley-Goose Bay, in the Province of Newfoundland and Labrador, this 5th day of May, 2014. O’BRIEN ANTHONY WHITE Solicitors for the Applicant PER: Donald E. Anthony ADDRESS FOR SERVICE: P.O. Box 736, Stn. B 169 Hamilton River Road, Suite 201 Happy Valley-Goose Bay, NL A0P 1E0 Tel: (709) 722-0637 Fax: (709) 722-6780

SCHEDULE "A" Civic No. 30 Markland Road July 3, 2013 All that piece or parcel of land situate and being at Happy Valley-Goose Bay, in the Electoral District of Lake Melville, in the Province of Newfoundland and Labrador, being bound and abutted as follows, that is to say: Beginning at a point the said point being a Found Capped Iron Bar in the Northerly limit of Markland Road, 15.24 metres wide, said point ha ving co-ordinates of North 5908136.337 metres and East 385537.913 metres of the 3 degree M.T.M. co-ordinate system; Thence along the aforesaid Northerly limit of Markland Road North 86 degrees 56 minutes 27 seconds West 26.485 metres; Thence North 85 degrees 34 minutes 28 seconds West 3.873 metres; Thence along Civic No. 32, Eastern Provincial Airways, Volume 121 Folio 87, now Dorothy and Mary Batchelor, Roll 966 Frame 1520, as regi stered in the Newfoundland and Labrador Registry of Deeds, North 4 degrees 49 minutes 56 seconds East 60.962 metres; Thence along Crown Land South 85 degrees 34 minutes 28 seconds East 3.441 metres; Thence South 86 degrees 21 minutes 32 seconds East 26.977 metres; Thence along a portion of Volume 124 Folio 4, claimed and occupied by Civic No. 28, Charles and Emily Dollmont, South 4 degrees 53 minutes 41 seconds West 60.700 metres, more or less, to the point of beginning.

Containing an area of 0.185 hectares, more or less, and being Civic No. 30, as s hown on the diagram annexed hereto; All bearings being referred to the central meridian of 61 degrees 30 minutes West longitude of the Three Degree Transverse Mercator Projection, Zone 4, NAD 83.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 27, 2014 242 June 27

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 27, 2014 243 TRUSTEE ACT ESTATE NOTICE IN THE MATTER of the Estate of WARREN CHARLES ALLAN DALTON, Late of Cata lina, in the Province of Newfoundland and Labrador, Deceased.

All persons claiming to be creditors of or who have any claims or demands either as be neficiaries or next of kin (by blood, legal adoption or marriage) upon or affecting the Estate of WARREN CHARLES ALLAN DALTON, Gentleman, who died at Bonavista, NL on or about October 18, 2012, are hereby requested to send particulars thereof in writing, duly attested, to the Of fice of the Public Trustee, 401 - 136 Crosbie Road, St.

John’s, NL, A1B 3K3, Administrator of the Es tate of WARREN CHARLES ALLAN DALTON, on or before July 31, 2014, after which date the said Administrator wi ll proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at St. John’s, this 25th day of June, 2014. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of WARREN CHARLES ALLAN DALTON ADDRESS FOR SERVICE: 401 - 136 Crosbie Road St.

John’s, NL A1B 3K3 Tel: (709) 729-1025 Fax: (709) 729-3063 June 27 ESTATE NOTICE IN THE MATTER of the Estate of ELLIOTT ROSS DEAN, Late of Victoria, in the Province of Newfoundland and Labrador, Deceased. All persons claiming to be creditors of or who have any claims or demands either as be neficiaries or next of kin (by blood, legal adoption or marriage) upon or affecting the Estate of ELLIOTT ROSS DEAN, Gentleman, who died at Carbonear, NL on or about April 30, 2007, are hereby requested to send particulars thereof in writing, duly attested, to the Office of the Public Trustee, 401 - 136 Crosbie Road, St.

John’s, NL, A1B 3K3, Administrator of the Estate of ELLIOTT ROSS DEAN, on or before July 31, 2014, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at St. John’s, this 25th day of June, 2014. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of ELLIOTT ROSS DEAN ADDRESS FOR SERVICE: 401 - 136 Crosbie Road St.

John’s, NL A1B 3K3 Tel: (709) 729-1025 Fax: (709) 729-3063 June 27 ESTATE NOTICE IN THE MATTER of the Estate of ALFRED LEO RYAN, Late of Ferryland, in the Province of Newfoundland and Labrador, Deceased. All persons claiming to be creditors of or who have any claims or demands either as be neficiaries or next of kin (by blood, legal adoption or marriage) upon or affecting the Estate of ALFRED LEO RYAN, Gentleman, who died at St. John’s, NL on or about September 20, 2012, are hereby requested to send particulars thereof in writing, duly attested, to the Office of the Public Trustee, 401 - 136 Crosbie Road, St.

John’s, NL, A1B 3K3, Administrator of the Estate of ALFRED LEO R YAN, on or before July 21, 2014, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at St. John’s, this 19 th day of June, 2014. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of ALFRED LEO RYAN ADDRESS FOR SERVICE: 401 - 136 Crosbie Road St. John’s, NL A1B 3K3 Tel: (709) 729-2548 Fax: (709) 729-3063 June 27

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 89 ST. JOHN’S, FRIDAY, JUNE 27, 2014 No. 26 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 47/14 NLR 48/14 NLR 49/14 NLR 50/14 NLR 51/14 NLR 52/14 NLR 53/14

The Newfoundland and Labrador Gazette June 27, 2014 321 NEWFOUNDLAND AND LABRADOR REGULATION 47/14 Proclamation bringing Act into force (SNL 2013 cA-3.1)(In force June 30, 2014) under the Adoption Act, 2013 (O.C. 2014-152) (Filed June 25, 2014) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. FELIX COLLINS Attorney General JUSTICE B. GALE WELSH Administrator TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 93 of “An Act Respecting Adoptions” Statutes of Newfoundland and Labrador 20 13

chapter A- 3.1 (the “Act”) it is provided that the Act shall come into force on a date to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now come into force on June 30, 2014; NOW KNOW YE , THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that “An Act Respecting Adoptions ,” Statutes of Newfoundland and Labrador 2013

chapter A-3.1 shall come into force on June 30, 2014. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

Proclamation bringing

an Act Respecting Adoptions into force (In force June 30, 2014) 47/14 The Newfoundland and Labrador Gazette June 27, 2014 322 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Justice Gale B. Welsh, Justice of the Supreme Court of Newfoundland and Labrador, Court of Appeal, Administrator in and for Our Province of Newfoundland and Labrador. AT the City of St. John’s this 18th day of June in the year of Our Lord two thousand and fourteen in the sixty-third year of Our Reign. BY COMMAND, STEVE KENT Registrar General

The Newfoundland and Labrador Gazette June 27, 2014 323 NEWFOUNDLAND AND LABRADOR REGULATION 48/14 Adoption Regulations, 2014 under the Adoption Act, 2013 (Filed June 25, 2014) Under the authority of

section 73 of the Adoption Act, 2013 I make the following regulations. Dated at St. John’s, June 3, 2014. Clyde Jackman Minister of Child, Youth and Family Services REGULATIONS Analysis 1.

Short title 2.

Definitions

PART I LICENSING ADOPTION AGENCY 3. Application for a licence 4. Educational and employment requirements 5. Conditions of a licence 6. Application to renew a licence 7. Suspension or cancellation of a licence 8. Provision of services when adoption agency ceases operations 9. Information to be provided to clients 10. Surrender of records after adoption of a child 11. Annual report to manager 12. Advertising by an adoption agency 13. Conflict of interest

PART II ADOPTION ASSESSMENT PROGRAM 14. Adoption assessment program

PART III REPEAL AND COMMENCEMENT 15. Repeal 16. Commencement

Adoption Regulations, 2014 48/14 The Newfoundland and Labrador Gazette June 27, 2014 324 1. These r egulations may be cited as the Adoption Regulations, 2014. 2. In these regulations (a) "Act" means the Adoption Act, 2013; and (b) "adoption agency" means an adoption agency licensed under

section 7 of the Act.

PART I LICENSING ADOPTION AGENCY 3.

(1) In addition to the requirements in

section 7 of the Act , an applicant applying for an adoption agency licence shall (

a) provide a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal reco rd check from the Royal Canadian Mounted Police; (

b) provide 3 references; (

c) provide a child, youth and family services records check; (

d) provide the name of each person who will perform the adoption functions and duties in the adoption agency together with pro of that he or she meets the requirements of

section 4; (

e) identify the services for which the adoption agency wishes to be licensed; (

f) provide a description of the file storage and security arrangements for the adoption agency , including the method to be used to provide backup files in the event of loss; (

g) provide proof of insurance coverage for the ado ption agency and its employees; and (

h) any other documentation or information that a manager considers necessary.

(2) Where the applicant is a corporation it shall provide

Short title

Definitions Application for a licence

Adoption Regulations, 2014 48/14 The Newfoundland and Labrador Gazette June 27, 2014 325 (

a) a copy of its articles of incorporation and by-laws; (

b) the names and addresses of the directors and officers of the corporation; (

c) a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal record check from the Royal Canadian Mounted P olice for each director and officer of the corporation; (d) 3 references for each director and officer of the corporation; (

e) a child, youth and family services records check for each director and officer of the corporation; and (

f) the documentation and information referred to in paragraphs (1)(

d) to (h).

(3) In addition to the requirements in subsection (1) or (2), where the applicant proposes to provide intercountry adoption se rvices it shall (

a) identify the countries where the ser vices shall be pr ovided; and (

b) provide proof of its accreditation in the named countries.

(4) A manager may issue a licence to operate an adoption agency where he or she is satisfied that the (

a) documentation and information p rovided in subsections (1) to (3) is satisfactory; (

b) applicant is a resident of the province or where the applicant is a corporation , that each of the directors and officers are residents of the province; and (

c) applicant w ill operate the adoption agency in acco rdance with the Act and these regulations.

(5) A licence issued under this

section m ay contain terms and conditions consistent with the Act and these regulations.

Adoption Regulations, 2014 48/14 The Newfoundland and Labrador Gazette June 27, 2014 326

(6) A licence issued under this

section shall be valid for a period of not more than 3 years from the date of issue. 4. A person may only be approved to p erform adoption fun ctions and duties as required under the Act on behalf of a licensed adoption agency where he or she provides the following documentation to the satisfaction of a manager: (

a) a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal record check from the Royal Canadian Mounted Police; (b) 3 references; (

c) a child, youth and family services records check; (

d) proof that he or she is registered under the Social Wor kers Act; and (

e) proof that he or she has worked a minimum of 3 years as a registered social worker. 5.

(1) A licence is subject to the following conditions: (

a) an adoption agency shall cease operations in a nother country when requested to do so by the provincial director or a manager; (

b) an adoption agency shall only provide those adoption services for which it has a licence; (

c) an adoption agency shall promptly notif y a manager in writing of an intention to change the services for which the adoption agency is licensed and the change is not valid until it has been approved in writing by that manager; and (

d) an adoption agency shall comply with provincial ado ption policies and standards. (2) Paragraphs (1)(

b) and (

c) do not restrict an adoption agency from providing other services unrelated to adoption. Educational and employment requirements Conditions of a licence Application to renew a licence

Adoption Regulations, 2014 48/14 The Newfoundland and Labrador Gazette June 27, 2014 327 6.

(1) A person who wi shes to renew a licence shall, at least 60 days before the expiry date of the licence or a shorter time that is acceptable to a manager, apply to renew the licence, and shall provide (

a) a statement confirming that the documentation and information provid ed under

section 3 at the time of the application for a licence, or under this

section at the time of the last licence renewal, has not changed or, where there has been a change in the documentation or information, a statement setting out the change; (

b) a current certificate of conduct from the Royal Newfoundland Con stabulary or a current certified criminal record check from the Royal Canadian Mounted Police; (

c) a current child, youth and family services records check; and (

d) any additional documenta tion or information that a manager considers necessary.

(2) A manager may renew a licence where the adoption agency (

a) provides the documentation and information in subse ction (1); (

b) currently holds a valid licence; (

c) is operating in a manner that is in the best interests of the persons who are receiving the adoption services; and (

d) has complied with the requirements of the Act, these regulations and the terms and conditions of its licence.

(3) A licence renewed under this

section may co ntain terms and conditions consistent with the Act and these regulations.

(4) A licence renewed under this

section shall be valid for a period of not more than 3 years from the date of expiry of the previously valid licence. 7.

(1) A manager may suspend or cancel a licence where Suspension or cancellation of a licence

Adoption Regulations, 2014 48/14 The Newfoundland and Labrador Gazette June 27, 2014 328 (

a) the adoption agency is not , in the opinion of the manager , operating in (

i) a manner that is in the best interests of the persons who are receiving the adoption services, or (ii) accordance with the requirements of the Act , these regulations or the terms and conditions of its licence; (

b) a person has made a material false statement in an application for a licence or the renewal of a licence; or (

c) another circumstance that, in the opinion of the manager, is a cause for concern respecting the operation of the adoption agency.

(2) A manager shall give written notice to an adoption agency of a suspension or cancellation of its licence. 8.

(1) An adoption agency shall immediately surrender its files and records to a manager where its licence is (

a) not renewed; (

b) suspended; or (

c) cancelled.

(2) Notwithstanding subsection (1), an adoption agency shall transfer its files and records to another adoption age ncy where directed by a manager.

(3) Where an adoption agency ceases operations, it shall (

a) advise a manager in writing that it intends to cease operations; (

b) provide for the transfer of files and rec ords to a manager or another adoption agency as directed by a manager; and (

c) advise a manager of a ll situations respecting client s which may require immediate attention and provide a manager with Provision of services when adoption agency ceases operations

Adoption Regulations, 2014 48/14 The Newfoundland and Labrador Gazette June 27, 2014 329 the information necessary to enable him or her to make alternate arrangements for the clients. 9. Before providing a service an ado ption agency shall advise the client of the (

a) process for providing the service, the time involved, the structure of the interviews, the fees to b e charged and the method of payment; and (

b) advise the client of the adoption agency's arrangements for the security and storage of files. 10.

(1) The files and records of an adoption agency respecting a child placed for adoption and supervised by the adoption agency shall be forwarded to a manager within one month after the granting of the adoption order.

(2) The files and records of an adoption agency respecting an intercountry adoption which was complete d in the child's country of origin shall be forwarded to a manager within one month after the return of the adoptive parents with the child to the province.

(3) Notwithstanding subsection s (1) and (2), where post adoption services are being provided by an adoption agency after an adoption order is granted, the adoption agency m ay make a request to a manager to retain a copy of specific information related to the services.

(4) Where an adoption agency has retained a copy of specific information under subse ction (3) , the adoption agency shall return the copy to a manager upon the completion of the post adoption services. 11. An adoption agency shal l submit to a manager an annual report respecting its activities, i ncluding statistical information and any other information a manager may require. 12.

(1) An adoption agency advertising under the authority of the Act may only advertise in accordance with subsections (2) and (3).

(2) The advertising of s ervices provided by an adoption agency and promotional material about an adoption agency shall be truthful and accurate and not be misleading to the public. Information to be provided to clients Surrender of records after adoption of a child Annual report to manager Advertising by an adoption agency

Adoption Regulations, 2014 48/14 The Newfoundland and Labrador Gazette June 27, 2014 330

(3) The advertising or promotional material referred to in subsection (2) shall not (

a) identify persons involved in an adoption or a proposed adoption; (

b) claim that a n adoption agency can guarantee plac ement of a child for adoption; (

c) claim that an adoption agency can provide an exped itious placement of a child for adoption; or (

d) claim that the services of one adoption agency are superior to those of another. 13. An adoption agency shall not act for both the prospective adoptive parent and the birth parent or other person having custody of the child who is being adopted.

PART II ADOPTION ASSESSMENT PROGRAM 14. A prospective adoptive parent shall complete an adoption assessment program approved by the minister.

PART III REPEAL AND COMMENCEMENT 15. The Adoption Regulations , Newfoundland and Labrador Regulation 85/05, are repealed. 16. These regulations come into force on June 30, 2014. ©Queen's Printer Conflict of interest Adoption assessment program Repeal Commencement

The Newfoundland and Labrador Gazette June 27, 2014 331 NEWFOUNDLAND AND LABRADOR REGULATION 49/14 Adoption Agency Fees Regulations, 2014 under the Adoption Act, 2013 (O.C. 2014-159) (Filed June 25, 2014) Under the authority of

section 74 of the Adoption Act, 2013 , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, June 24, 2014. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Fees 3. Repeal 4. Commencement

Schedule 1. These r egulations may be cited as the Adoption Agency Fees Regulations, 2014. 2. An adoption agency may charge fees for the services set out in the Schedule. 3. The Adoption Agency Fees Regulations , Newfoundland and Labrador Regulation 86/05, are repealed. 4. These regulations come into force on June 30, 2014.

Short title Fees Repeal Commencement

Adoption Agency Fees Regulations, 2014 49/14 The Newfoundland and Labrador Gazette June 27, 2014 332

Schedule Services for which an adoption agency may charge fees: 1. Adoption planning, preparation and counselling. 2. Completion of consents to adoption. 3. Provision of an adoption assessment program approve d by the minister. 4. Completion of a home assessment for a prospective adoptive parent. 5. Completion of an interim assessment where authorized by a manager. 6. Completion of a subsequent home assessment. 7. Completion of a home assessment update where an adoption placement has not occurred within 2 years of the approval of the prospective adoptive parent. 8.

Supervision of placement, completi on of post placement reports, preparation o f court documents and completion of other adoption placement services. 9. Transfer of an adoption file to another adoption agency. 10. Facilitation of openness agreements. 11. Completion of post adoption reports for a child’s country of origin. ©Queen's Printer

The Newfoundland and Labrador Gazette June 27, 2014 333 NEWFOUNDLAND AND LABRADOR REGULATION 50/14 Proclamation bringing Act into force (SNL 2011 cA-4.01)(In force June 30, 2014) under the Adult Protection Act (O.C. 2014-154) (Filed June 25, 2014) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. FELIX COLLINS Attorney General JUSTICE B. GALE WELSH Administrator TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 41 of “An Act Respecting the Protection of Adults ” Statutes of Newf oundland and Labrador 2011

chapter A-4.01 (the “Act”) it is provided that the Act shall come into force on a date to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed exped ient that the Act shall now come into force on June 30, 2014; NOW KNOW YE , THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that “An Act Respecting the P rotection of Adults ,” Statutes of Newf oundland and Labrador 2011

chapter A-4.01 shall come into force on June 30, 2014. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

Proclamation bringing

an Act Respecting the Protection of Adults into force (In force June 30, 2014) 50/14 The Newfoundland and Labrador Gazette June 27, 2014 334 IN TESTIMONY WHEREO F WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Justice Gale B. Welsh, Justice of the Supreme Court of Newfoundland and Labrador, Court of Appeal, Administrator in and for Our Province of Newfoundland and Labrador. AT the City of St. John’s this 18th day of June in the year of Our Lord two thousand and fourteen in the sixty-third year of Our Reign. BY COMMAND, STEVE KENT Registrar General

The Newfoundland and Labrador Gazette June 27, 2014 335 NEWFOUNDLAND AND LABRADOR REGULATION 51/14 Income and Employment Support Regulations (Amendment) under the Income and Employment Support Act (O.C. 2014-163) (Filed June 25, 2014) Under the authority of

section 52 of the Income and Employment Support Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, June 25, 2014. Paula Burt Deputy Clerk of the Executive Council REGULATIONS Analysis 1. Ss.13 to 15 R&S 13. Maintaining a residence 14. Maximum monthly income support -board and lodging 15. Income support for persons 30 years of age or younger 2. Commencement 1. Sections 13 to 15 of the Income and Employment Support Regulations are repealed and the following substituted: NLR 144/04 as amended

Income and Employment Support Regulations (Amendment) 51/14 The Newfoundland and Labrador Gazette June 27, 2014 336 13.

(1) The monthly amount of income support for an applicant or recipient who is renting or owns a residence is up to 1 adult without dependent children $534 1 adult without dependent children but with one dependent student 756 1 adult without dependent children but with two dependent students 863 plus 121 for each additional dependent student 1 adult with dependent children 694 1 adult with dependent children and one dependent student 742 1 adult with dependent children but with two dependent students 863 plus 121 for each additional dependent student 2 adults without dependent children 756 2 adults without dependent children but with one dependent student 863 plus 121 for each additional dependent student 2 adults with dependent children 742 2 adults with dependent children and one dependent student 863 plus 121 for each additional dependent student

(2) The amounts under this

section are reduced by the following amounts (

a) where the applicant or recipient resides in an apartment or a house (

i) where heat and electricity are included, $76 a month, (ii) where heat only is included, $49 a month, or (iii) where electricity only is included, $27 a month; or (

b) where the applicant or recipient resides in a bed sitting room Maintaining a residence

Income and Employment Support Regulations (Amendment) 51/14 The Newfoundland and Labrador Gazette June 27, 2014 337 (

i) where heat and electricity are included, $61 a month, (ii) where heat only is included, $49 a month, or (iii) where electricity only is included, $12 a month. 14.

(1) The monthly amount of income support for an applicant or recipient who is boarding with a non-relative is 1 adult without dependent children $534 1 adult without dependent children but with one dependent student 756 1 adult without dependent children and two dependent students 863 plus 121 for each additional dependent student 1 adult with dependent children 694 1 adult with dependent children and one dependent student 742 1 adult with dependent children and two dependent students 863 plus 121 for each additional dependent student 2 adults without dependent children 756 2 adults without dependent children and one dependent student 863 plus 121 for each additional dependent student 2 adults with dependent children 742 2 adults with dependent children with one dependent student 863 plus 121 for each additional dependent student

(2) The monthly amount of income sup port for board and lodging for an applicant or recipient who is boarding with a relative is 1 adult without dependent children $323 1 adult without dependent children but with one dependent student 642 Maximum monthly income support - board and lodging

Income and Employment Support Regulations (Amendment) 51/14 The Newfoundland and Labrador Gazette June 27, 2014 338 1 adult with dependent children 570 1 adult with dependent children and one dependent student 742 plus 121 for each additional dependent student 2 adults without dependent children 642 2 adults without dependent children but with one dependent student 863 plus 121 for each additional dependent student 2 adults with dependent children 742 2 adults with dependent children and one dependent student 863 plus 121 for each additional dependent student 15.

(1) Notwithstanding

section 13, the monthly amount of income support for a single person under the age of 30 years who is renting or owns a residence and who has no barriers or impairments which would limit that per son's pursuit of employment or training as determined by an officer is $257.

(2) Notwithstanding

section 14 and subsections (1) and (3), the monthly amount of income support for board and lodging of a single person under the age of 30 years who, as determined by an officer, has no barriers or impairments which wou ld limit that person's pursuit of employment or training (

a) who is boarding with a relative is $123; or (

b) who is boarding with a non-relative is $177.

(3) Notwithstanding subsection 14(1) and paragraph 2(b), the monthly amount of income support fo r a si ngle person under age 30 who, as determined by an officer, has barriers or imp airments which limit that person's pursuit of employment or training is $507. 2. These regulations come into force on July 1, 2014. ©Queen's Printer Income support for persons 30 years of age or younger Commencement

The Newfoundland and Labrador Gazette June 27, 2014 339 NEWFOUNDLAND AND LABRADOR REGULATION 52/14 Labour Relations Board Rules of Procedure (Amendment) under the Labour Relations Act (O.C. 2014-161) (Filed June 25, 2014) Under the authority of

section 22 of the Labour Relations Act, the Labour Relations Bo ard, with the approval of the Lieutenant-Governor in Council, makes the following regulations. Dated at St. John’s, June 10, 2014. Sheilagh Murphy Chair, Labour Relations Board Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1. S.45 Amdt. Reference or application to the board 2. Commencement 1. Subsection 45(1) of the Labour Relations Board Rules of Procedure is repealed and the following substituted: CNLR 745/96 as amended

Labour Relations Board Rules of Procedure (Amendment) 52/14 The Newfoundland and Labrador Gazette June 27, 2014 340 45.

(1) A reference or application to the board under

section 17 or 17.1 of the Labour Relations Act shall contain the following information: (

a) name and address of the applicant; (

b) name and address of the respondent; and (

c) the grounds on which the reference or complaint is based. 2. These regulations come into force on July 1, 2014. © Queen's Printer Reference or application to the board Commencement

The Newfoundland and Labrador Gazette June 27, 2014 341 NEWFOUNDLAND AND LABRADOR REGULATION 53/14 Adult Protection Regulations under the Adult Protection Act (Filed June 27, 2014) Under the authority of

section 33 of the Adult Protection Act, I make the following regulations. Dated at St. John’s, June 26, 2014. Paul Davis Minister of Health and Community Services REGULATIONS Analysis 1.

Short title 2. Assessment of capacity for decision-making 3. Service plan 4. Investigators 1. These regulations may be cited as the Adult Protection Regulations. 2. An assessment of capacity for decision -making referred to in subsection 6(5) of the Act shall be co nducted by an interdisciplinary team, which may include members of some or all of the following disciplines: (

a) medicine;

Short title Assessment of capacity for decision-making

Adult Protection Regulations 53/14 The Newfoundland and Labrador Gazette June 27, 2014 342 (

b) nursing; (

c) occupational therapy; (

d) physiotherapy; (

e) psychology; (

f) social work; and (

g) speech language pathology. 3. A service plan shall include the following: (

a) the original date of the servi ce plan and the date of any amendments to it; (

b) demographic information about the adult who is or may be need of protective intervention; (

c) a description of the needs of the adult who is or may be in need of protective intervention; (

d) details of t he services and programs required to reduce the risk to and to meet the care needs of the adult who is or may be in need of protective intervention; (

e) an outline of the responsibilities of caregivers of the adult who is or may be in need of protective intervention; (

f) recommendations respecting the adult who is or may be in need of protective intervention; (

g) where the service plan is reviewed by the review committee established under

section 28 of the Act, the recommendations of that review committee; (

h) a record of all court orders and court dates respecting the adult who is or may be in need of protective intervention; and (

i) the dates of the service plan review. Service plan Investigators

Adult Protection Regulations 53/14 The Newfoundland and Labrador Gazette June 27, 2014 343 4. Members of the following disciplines are designated investigators for the purpose of

section 15 the Act: (

a) medicine; (

b) nursing; (

c) occupational therapy; (

d) peace officers; (

e) physiotherapy; (

f) psychology; (

g) social work; and (

h) speech language pathology. ©Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 27, 2014 345 Index

PART I Judicature Act – Notice ................................................................................................................................................................. 237 Quieting of Titles Act – Notices ................................................................................................................................................... 239 Trustee Act – Notices ................................................................................................................................................................... 243 Urban and Rural Planning Act, 2000 – Notice ............................................................................................................................. 239

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No.

Adoption Act, 2013 Proclamation bringing NLR 47/14 New June 27/14 p. 321 Act into force (In force June 30, 2014) Adoption Regulations, 2014 NLR 48/14 R&S June 27/14 p. 323 (In force June 30, 2014) NLR 85/05 Adoption Agency Fees NLR 49/14 R&S June 27/14 p. 331 Regulations, 2014 NLR 86/05 Adult Protection Act Proclamation bringing NLR 50/14 New June 27/14 p. 333 Act into force (In force June 30, 2014) Adult Protection NLR 53/14 New June 27/14 p. 341 Regulations Income and Employment Support Act Income and Support NLR 51/14 Amends June 27/14 p. 335 Regulations (Amdt.) NLR 144/04 (In force July 1, 2014) S.13 to 15 R&S Labour Relations Act Labour Relations NLR 52/14 Amends June 27/14 p. 339 Board Rules of CNLR 745/96 Procedure (Amdt.) (In force July 1, 2014)

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 27, 2014 346 The Newfoundland and Labrador Gazette is published from the Office of the Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PDF format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed.

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

Fax: (709) 729-1900. Web Site: http://www.servicenl.gov.nl.ca/printer/index.html Place your order by contacting: Office of the Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 email: queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.

STATUTES OF NEWFOUNDLAND AND LABRADOR 2014 Third Session, 47th General Assembly 63 Elizabeth II, 2014 Bill Act

Chapter 2 Interim Supply Act, 2014 (In force Apr. 1/14) 1 (ASSENTED TO MARCH 25, 2014) * 1 Public Interest Disclosure and Whistleblower Protection Act (In force Jul. 1/14) P-37.2 3 Vital Statistics (Amendment) Act, 2009 2 4 Mental Health Care and Treatment (Amendment) Act 3 5 Printing Services Act Repeal Act 4 6 City of Corner Brook (Amendment) Act, City of Mount Pearl (Amendment) Act, City of St.

John's (Amendment) Act and Municipalities (Amendment) Act, 1999 5 7 Health Professions (Amendment) Act 6 8 Publication of Adjudication Tribunal Decisions Amendment Act 7 9 Revenue Administration (Amendment) Act 8 10 Buildings Accessibility (Amendment) Act 9 11 Supply Act, 2014 10 12 Revenue Administration (Amendment) Act No. 2 (Considered in force Mar. 28/14) 11 13 Income Tax (Amendment) Act, 2000 (Ss.1&3 in force Jul. 1/14 & S.2 considered in force on Jan. 1/14) 12 14 Emergency 911 Act (To be proclaimed) E-7.2

Statutes of Newfoundland and Labrador 2014 2 15 Mineral (Amendment) Act 13 16 Student Financial Assistance (Amendment) Act 14 17 Revenue Administration (Amendment) Act and Tax Agreement (Amendment) Act, 2010 (Ss.1 & 2(1)&(2) considered in force on Apr. 1/13) 15 18 Fish Processing Licensing Board (Amendment) Act 16 19 Dispensing Opticians (Amendment) Act, 2005 17 20 Income Tax (Amendment) Act, 2000 No.2 18 22 Labour Relations (Amendment) Act 19 23 Loan Act, 2014 20 24 Labour Relations (Amendment) (Amendment) Act and Public Service Collective Bargaining (Amendment) (Amendment) Act No.2 21 (ASSENTED TO JUNE 5, 2014) * Bills amended in Committee of the Whole House.

In researching the law readers should note that the following Statutes of Newfoundland and Labrador, 2014 include amendments to other Statutes as listed below:

Chapter E-7.2 Emergency 911 Act - (To be proclaimed) Fire Protection Services Act

Chapter 19 Labour Relations (Amendment) Act Fishing Industry Collective Bargaining Act Interns and Residents Collective Bargaining Act Labour Relations Regulations Public Service Collective Bargaining Act

Chapter P-37.2 Public Interest Disclosure and Whistleblower Protection Act - (In force Jul. 1/14) Labour Relations Act

Chapter 7 Publication of Adjudication Tribunal Decisions Amendment Act Chiropractors Act, 2009 Dental Act, 2008 Denturists Act, 2005

Statutes of Newfoundland and Labrador 2014 3 Dietitians Act Dispensing Opticians Act, 2005 Health Professions Act Hearing Aid Practitioners Act Licensed Practical Nurses Act, 2005 Massage Therapy Act, 2005 Medical Act, 2011 Occupational Therapists Act, 2005 Optometry Act, 2012 Pharmacy Act, 2012 Physiotherapy Act, 2006 Psychologists Act, 2005 Registered Nurses Act, 2008 Social Workers Act This list was prepared by the Office of the Legislative Counsel. Questions or omissions should be brought to the attention of that Office.

Office of the Legislative Counsel Department of Justice Government of Newfoundland and Labrador 4th Floor East Block, Confederation Building P.O. Box 8700 St. John's, NL A1B 4J6 F 729.729.2129 legcounsel@gov.nl.ca www.assembly.nl.ca/legislation/

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2014-06-27
Type	gazette
Volume / chapter	printer gazette weekly issues 2014 nlg140627
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a4d3f559f195700d903febb6a7caed951e0032bf

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