203 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 77 ST. JOHN'S, FRIDAY, MAY 3, 2002 No. 18 PUBLIC INQUIRIES ACT 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. ARTHUR MAXWELL HOUSE KELVIN PARSONS Lieutenant-Governor Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS 53 years ago the people of Newfoundland and Labrador merged their destiny with the people of Canada, a decision they took after vigorous debate and with firm faith in the future; AND

WHEREAS the people of Newfoundland and Labrador have a fierce determination to improve their province and all who live in it by striving to achie ve prosperity and maintaining the spirit of self- reliance and belief in themselves which have sustained them for hundreds of years; AND

WHEREAS the Province of Newfoundland and La brador has an ideal geographic location between two of the world’s leading trading blocks, and the ability through natural resources, technology, reduced borders and other factors to seek opportunities in a more globalized world; AND

WHEREAS the people of Newfoundland and Labrador are determined to do so by developing all of their resources, human and natural, and by renewing and strengthening their place with the Canadian Confederation;

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 204 AND

WHEREAS it is timely for the people of the Province to develop a broad consensus on a vision for the future and identify ways for Newfoundland and Labrador to achieve prosperity and self-reliance; and renew and strengthen our place in Canada.

NOW THEREFORE, by Commission under the Great Seal and under the authority of the Public Inquires Act, the Lieutenant Governor in Council appoints as Commissioners; Victor Young ( Chairperson) Sister Elizabeth Davis Judge James Igloliorte AND

BE IT ORDERED that the Commissioners undertake a critical analysis of our strengths and weaknesses and make recommendations as to how best to achieve prosperity and self-reliance.

AND IT IS FURTHER ORDERED, that in the process of making recommendations and without limiting the generality of the foregoing, the Commissioners specifically examine and report on; 1. the expectations of the people of Newfoundland and Labrador prior to joining Canada, and how Newfoundland and Labrador has changed since Confederation, with a review of how the prosperity and self-reliance of our people has been affected over time; 2 how Newfoundland and Labrador is viewed in Cana da, in particular by the federal government and its institutions, and to recommend ways in which Canadians may obtain a better understanding of our Province; 3. the effect on the province of the Terms of Union as embodied in the Constitution of Canada and the evolution of these arrangements since 1949; 4. the special and unique contributions Newf oundland and Labrador has bought to Canada; 5. any arrangements with Canada which have or may hamper or detract from the ability of the people of Newfoundland and Labrador to attain prosperity and self reliance including, but not limited to, federal jurisdiction over natural resources; federal/provincial fiscal arrangements; and the application of federal government policies as they pertain to Newfoundland and Labrador. 6. demographic changes and the impact of these trends as they relate to challenges and opportunities for our youth and the future of the province; and, 7. the means by which Newfoundland and Labrador can take maximum advantage of its strategic location between the North American and European trading blocks and the challenges which must be met and the opportunities which can be seized by Newfoundland and Labrador in a global economy.

AND THAT, the Commissioners undertake their mandate in three phases: 1. a research phase, to be guided by public inpu t, during which the Commissioners may enter into research contracts with qualified, objective groups and individuals and thus provide an information base for further discussion and a stimulus to that debate; 2. a roundtable consultation phase, during which th e Commissioners shall consult with pertinent constituencies on relevant matters; 3. a formal public consultation phase, during which the Commissioners will use the necessary means and methods to ensure that meaningful consultation occurs with citizens of the province.

AND THAT the Commission shall consider whether a Newfoundland and Labrador Conference should be held prior to the submission of a final report;

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 205 AND THAT the Commissioners are vested with the powers and authority set out in the Public Inquiries Act; AND BE IT FURTHER ORDERED THAT, the Commissi on may provide interim or specific issue reports as appropriate and shall submit its final report with recommendations to the Lieutenant-Governor- in-Council on or before June 30th, 2003. WITNESS: Our trusty and well-bel oved the Honourable A. M. House, Lieutenant-Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St.

John's this 19 th day of April, in the year of Our Lord two thousand and two in the fifty-first year of Our Reign. BY COMMAND, OLIVER LANGDON Registrar General May 3 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF NEW PERLICAN MUNICIPAL PLAN 2001-2011 AND DEVELOPMENT REGULATIONS TAKE NOTICE that the Town of New Perlican Municipal Plan 2001-2011 and Development Regulations, adopted on the 2 nd day of January, 2002, (as amended) and approved on the 1st day of April, 2002, have been registered by the Minister of Municipal and Provincial Affairs, with a change concerning Regulation 23.

The New Perlican Municipal Plan and Development Regulations come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Plan and Regulations may do so at the Town Office, New Perlican, during normal working hours. TOWN OF NEW PERLICAN Per: Town Clerk May 3 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that David Cassell of Roddickton intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) of the said Act, to that piece of Crown Land situated within fifteen metres of the waters of Bide Arm (Simms Point) in the Electoral District of White Bay , Newfoundland and Labrador, for the purpose of a wharf. Bounded on the North by the Atlantic Ocean for a distance of 22m; Bounded on the East by Englee Road, Route 433 for a distance of 15m; Bounded on the South by Englee Road, Route 433 for a distance of 15m; Bounded on the West by the Atlantic Ocean for a distance of 20m; and containing an area of approximately 1000 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this notice, with reasons for it, to the Minister of Government Services a nd Lands, c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NF., A2H 6J8.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 206 For further information regarding the proposed application, please contact David Cassell, Roddickton, NF , (709) 457-2348. Requests for information on the processing of Crown Land applications under

Section 7(2) of the Lands Act, may be sent to the Central Regional Office at the above address. Telephone (709) 729-3699. May 3 MOTOR CARRIER ACT IN THE MATTER OF THE MOTOR CARRIER ACT,

CHAPTER M-19, R.S.N. 1990 AND IN THE MATTER OF THE CANCELLATION OF MOTOR CARRIER CERTIFICATE NO. 3574 ISSUED IN THE NAME OF FEWER’S FUNERAL HOME LIMITED NOTICE OF HEARING TAKE NOTICE that the Board of Commissioners of Public Utilities acting under the provisions of the Motor Carrier Act,

Chapter M-19, R.S.N., 1990 has set 9:30 a.m., Thursday, the 23rd of May, 2002, at the Board’s Hearings Room, Suite E210, Prince Charles Building, 120 Torbay Road, St. John’s, NF A1A 5B2 as the time and place for the consideration of the cancellation of Motor Carrier Certificate No. 3574 issued in the name of Fewer’s Funeral Home Limited, of P. O.

Box 591, Clarenville, NF A0E 1J0 authorizing the following services: IRREGULAR SPECIALTY AMBULANCE SERVICE for the transportation of persons requiring medical attention or under medical care upon the request of a medical doctor or a registered nurse from Bonavista, Old and New Bonaventure, Dunfield, Trinity, Port Rexton, Trinity East, Champney’s East, West and Central, English Harbour, Melrose, Catalina, Port Union, Knight’s Cove, Stock Cove, Dantera, Keels, Little Catalina, Trouty, Lockston, and Broad Cove to any hospital, nursing home, first aid station or home for senior citizens and upon the specific request of a medical doctor, registered nurse or a police officer between any two points within the province of Newfoundland and Labrador.

IRREGULAR ROUTE SPECIALTY AMBULANCE SERVICE for the transportation of persons requiring medical attention or under medical care upon the request of a medical doctor or a registered nurse from Clarenville, Hillview, Ivany’s Cove, Long Beach, Little Heart’s Ease, Butter Cove, North Harbour, Sunnyside, Southern Harbour, Charlottetown, Deep Bight, Hatchet Cove, North West Brook, Caplin Cove, Southport, Goobies, Garden Cove, Come-by-Chance, Chance Cove, Shoal Harbour, Adeytown, St.

Jones Within, Queen’s Cove, Hodge’s Cove, Gooseberry Cove, Swift Current, Arnold’s Cove, Port Blandford, Milton, Lethbridge, George’s Brook, Apsey Brook, Bunyan’s Cove, Musgravetown, Portland, Charleston, Princeton, Plate Cove West, Tickle Cove, Elliotts Cove, Harcourt, Cannings Cove, Jamestown, Sweet Bay, Summerville, Openhall, King’s Cove, Snook’s Harbour, Monroe, Burgoynes, Bloomfield, Winterbrook, Southern Bay, Plate Cove East, Red Cliff, Siding, Little Harbour, Island Cove, Black Cove, Barton, Sommerset, Gin Cove, Waterville, Clipton, Brooklyn, La Manche, Rantem, Goose Bay, Morley’s Siding, Terrenceville, Monkstown, Grand Le Pierre and English Harbour to any hospital, nursing home, first aid station or home for senior citizens and upon the specific request of a medical doctor, registered nurse or a police officer between any two points within the province of Newfoundland and Labrador.

All persons having an interest in this matter are entitled to be heard by giving notice in writing to the attention of the Board Secretary, Board of Commissioners of Public Utilities, Suite East 210, Prince Charles Building, Torbay Road, St. John’s, NF or by mail, P. O. Box 21040, St. John's, NF A1A 5B2; by facsimile: 709 726-9604; by e-mail: ito@pub.nf.ca; before 3:00 p.m., Tuesday, the 21st of May, 2002. Dated at St. John’s, Newfoundland and Labrador, this 26th day of April, 2002. CHERYL BLUNDON Board Secretary May 3

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 207 JUDICATURE ACT In the Supreme Court of Newfoundland and Labrador Court of Appeal Pursuant to Rule 57.20(6) of the Civil Appeal Rules the following is a list of appeals that are deemed abandoned. 1. 1985 No. 4 Her Majesty in Right of Newf oundland vs. Blue Peter Steamships Limited 2. 1985 No. 9 Robert E. Humber vs. Wood Gundy Limited 3. 1985 No. 19 Barbara Ann Flood vs. Gordon Kane 4. 1985 No. 28 Cape Pine Fisheries Limite d vs. Newfoundland Fishermen, Food and Allied Workers Union, Local 1252 5. 1985 No. 30 Harold Taylor vs.

Gertrude Brenton and Stew art Leonard Brenton and Metro General Ins. Corp. 6. 1985 No. 50 S.B.I. Manageme nt Limited vs. Carol Wabush Co-Op Society Limited 7. 1985 No. 67 Murphy Cor poration Limited vs. Newcan Supply Limited 8. 1985 No. 70 Gerry Lindstrom vs. Anne Lindstrom 9. 1985 No. 87 Frank Tooton and Gillian Tooton vs.Logan At kinson,Edward Noonan,Victor Doody and Linda Doody 10. 1985 No. 72 Sheila Griffiths vs.

Michael Beresford 11. 1985 No. 100 Symons General Insurance vs.Jet Janitor Servi ces Limited and Her Majesty’s Attorney General for Nfld 12. 1985 No.103 R & W Auto Supplies Limited and Raymond Ba starache vs. Town of Harbour Grace and Town Council of Harbour Grace 13. 1985 No. 112 United Steelworkers of America vs. Wabush Mine s, Pickands Mather and Company, Managing Agent and The Director of Labour Standards 14. 1985 No. 127 Jodi Ambros e vs. Robert Ambrose 15. 1985 No. 133 Owen Crossan vs. Thomas P. Conway and Reine Conway 16. 1985 No. 136 Beothic Homes Lim ited vs. George H.

Debarats 17. 1985 No. 138 Garry Petten vs. Yvonne Joan Petten 18. 1985 No. 140 Mammy’s Bakery Limited vs. Patrick Pittman 19. 1985 No. 154 David Kendall Peters and LeMa rchant Limited vs. John T. Palmer and Stuart R. MacDonald and Stewart R. Gillies 20. 1985 No. 167 Coles’ Transport Limited, formerly known as Col-Mal Limited vs. Marjac Enterprises Limited and Terry O’Brien 21. 1985 No. 176 Evelyn Rexton vs. St. John’s Metro Board 22. 1985 No. 177 In the matter of the Bankruptcy of David F. Pitche r and In the matter of an application by the Bankrupt for discharge 23. 1985 No. 199 Philip Carter vs.

Heather Lynn Carter 24. 1985 No. 204 C & G Holdings Limited and Chesley Gardne r and Gerard Neville vs. Imperial Oil Limited 25. 1985 No. 206 Frank Tooton and Gillian Tooton vs. L ogan Atkinson, Edward Noonan and Victor Doody 26. and Linda Doody 27. 1985 No. 208 Her Majesty the Queen in Right of Newfoundland vs. Collavino Incorporated 28. 1985 No. 213 The Minister of Mines and Energy on Behalf of Her Majesty the Queen in Right of Newfoundland 29. vs. Johns-Manville Canada Inc. 30. 1985 No. 214 The Minister of Mines and Energy on Behalf of Her Majesty the Queen in Right of Newfoundland vs. S.A.

Eternit, Eteroutremer S.A., Finac Corporation, Interasbestos Inc., Eternit Industries S.A., Noricum International Ltd., Amet Corporation 31. 1985 No. 220 David Deering vs. Beverly Ann Deering ff) 1985 No. 236 Her Majesty the Queen vs. The Lundrigan Group gg) 1985 No. 237 Her Majesty the Queen in Right of The Provin ce of Newfoundland as represented by the Honourable the Minister of Finance vs. Walter Spencer and East End Company Limited hh) 1985 No. 243 Atlantic Furs Limited vs. Moffat Moving and Storag e, a division of Canadian Pacific Express and Transport Limited

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 208 ii) 1985 No. 271 Elsie Quigley vs. The Minister of Municipal Affairs jj) 1985 No. 272 Town of Harbour Main- Chapels Cove- Lakeview vs. Terrance Sullivan kk) 1985 No. 286 Board of Commissioners of Public Utilities vs. St raits Transport Limited and Clyde Way Trucking Limited ll) 1985 No. 212 Honda Canada Inc. vs. McKinley Motors Limited mm) 1985 No. 131 Thomas Farrell vs. Canadian Broadcasting Corporation nn) 1985/196 Suburban Construction Ltd vs. Nf ld & Labrador Housing Corporation oo) 1983 No.14 Arvak Management Inc. vs.

Edward McKee pp) 1983 No. 17 David Hefferman vs. Dimantino Borges and Baird a nd Baird, Chartered Accountants as Trustees of the Estate of Dimantino Borges, a Bankrupt qq) 1983 No. 23 Marion Trickett (Plowman) vs . J.W. Hiscock and Sons Limited rr) 1983 No. 34 Hart Leasing and Holdings Lim ited vs. Security Alert Systems Limited ss) 1983 No. 46 Mary Theresa Neary vs. Edward Ashley Neary tt) 1983 No. 47 Linda M. Wicks as Administratrix of the Es tate of Glen Wayne Wicks, deceased and Robert Duffett uu) 1983 No. 55 Jones Construction Limited vs.

Internationa l Harvester Credit Corporation of Canada Limited vv) 1983 No. 61 In the matter of David Alexander Pier son, an Infant and Mary Anne Boechles (Moore) ww) 1983 No. 66 Anna Butt vs. Christopher Butt xx) 1983 No. 72 The Workers Compensation Board vs. Ambros e M. Peddle as Parliamentary Commissioner (Ombudsman) yy) 1983 No. 73 Brakes Construction Company Limite d vs. Bank of Montreal and George Penney zz) 1983 No. 74 Trans Canada Resources Limited vs. Ri chard J. Greene, William Gibbs and Stanley Jones aaa) 1983 No. 92 Trans Island Mechanical Company Limited vs. Bernard G.

Noseworthy bbb) 1983 No. 93 Ailm Construction Comp any Limited vs. Vivian Agencies ccc) 1983 No. 96 Alan Lee vs. Nfld. Quick Freeze Limited, trading under the name and style of W.W. Wareham & Sons ddd) 1983 No. 97 Thomas Corcoran and Alphonsus Corcoran vs. Nf ld. Quick Freeze Limited, trading under the name and style of W.W. Wareham & Sons eee) 1983 No. 98 Thomas Corcoran and Alphonsus Corcoran vs. Nf ld. Quick Freeze Limited, trading under the name and style of W.W.

Wareham & Sons fff) 1983 No. 105 International Grenfel Associ ation, Samuel Simms, Gander Aviation Limited, Marguerite Simms, Marguerite Simms as representative of the estate of Herbert Simms, Joseph Lawrence, Thomas Budgell and Nelson Pilgrim vs. St. Anthony Town Council ggg) 1983 No. 114 Port aux Basque Shopping Centre Limited vs. Channel Enterp rises Limited and Federal Business Development Bank hhh) 1983 No. 125 Bank of Montreal and Robert E. Humber vs. Wood Gundy Limited iii) 1983 No. 128 J. Douglas Fraser vs. The Bank of Nova Scotia jjj) 1983 No. 133 Randell King vs.

Newfoundland Telephone Company Limited kkk) 1983 No. 149 John C. Doyle vs. The Attorney General of Ca nada and The Restrictive Trade Practices Commission, O. Gerald Stoner, Robert S. MacLennan and Frank Roseman lll) 1983 No. 173 Clarice Stacey vs. St. John’s Metropolitan Area Board mmm) 1983 No. 180 Joseph Drover vs. Allison Drover nnn) 1983 No. 193 D. Scott Sceviour vs. Town of Botwood ooo) 1983 No. 197 Royal Newfoundland Yacht Club vs. Evan Johnson ppp) 1983 No. 206 Viking Enterprises Limited vs.

Paul Henderson qqq) 1983 No. 213 Lewis Pelley & Raymond Whalen, operating under th e firm name and style of Consolidated Investments Ltd vs. Morguard Trust Company rrr) 1983 No. 215 W & J Moores Ltd. vs. Her Ma jesty’s Attorney General for Newfoundland sss) 1983 No. 218 Baie Vista Inn Limited vs. Green Bay School Tax Authority ttt) 1983 No. 220 Sheridan Aubrey Senior vs. Sandra Senior uuu) 1983 No. 223 Gerald Oxford et al and Director of Labour Standards vs. Advocate Mines Limited vvv) 1983 No. 225 Xerox of Canada vs. Trans Island Mechanical Co. Ltd. www) 1983 No. 227 Royal Insurance Compan y Limited vs.

LABSEACO Limited 76 1989 No. 96 Gerry’s Food Mart Limited vs. The City of St . John’s and Gerry’s Food Mart Limited vs. Her Majesty the Queen in right of Newfoundland. 77 1985 No. 229 Glovertown Enterprises Limite d vs. Kansa General Insurance Company 78 1985 No. 262 In the matter of the Motor Carrier Act and in the matter of an application by Straits Transport Limited for an amendment to Motor Carrier Certificate No. 1648 and the Petition of Day & Ross (Nfld.) Limited 79 1982 No. 2 Antle’s Excavating Limited and Joshua Antle vs. Mary Cranford

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 209 80 1982 No. 8 Walter Norman vs. William Street and Alexander Street 81 1982 No. 9 Kenneth Norman vs. William Street and Alexander Street 82 1982 No. 18 Raymond Whalen as Executor of the Estate of Gertie Peters Windsor Grant vs. Harvey Grant 83 1982 No. 20 Suburban Construction Limited vs . Clarkes Trucking and Excavating Limited 84 1982 No. 36 Frank Graves & Ester Cluett vs. Gerald Alexander and Bridget Alexander 85 1982 No. 37 Ann Nugent vs.

Anthony Boland, Karl Bo land and The Roman Catholic Episcopal Corporation 86 1982 No. 72 Ideal Transportation Limited and Austin Roberts vs. Charles Wells 87 1982 No. 91 Algermon Trimm vs. Workers Compensation Board 88 1982 No. 112 Joan Rowe vs. Malcolm Roy King 89 1982 No. 123 Viking Helicopters ( Nfld.) Limited vs. Bank of Montreal, Newfoundland and Labrador Hydro Electric Corporation vs. Howley Enterprises Limited, in Bankruptcy 90 1982 No. 138 Clarenville Ocean Products Limited vs. Thomas St. George and Sons Limited 91 1982 No. 139 Newfoundland Broadcasting vs .

Colonial Broadcasting Limited 92 1982 No. 141 Frank Snook vs. The Royal Bank of Canada, Ronald Martin and William Drake 93 1982 No. 142 Phani Guha and Nilima Guha vs. Garry Reardon and Theresa Reardon 94 1982 No. 143 Newfoundland Broadcasting Company vs. The Colonial Broadcasting System Limited 95 1982 No. 145 In the matter of the Mechanics Lien Act a nd Halifax Insurance Company vs. Collavino ( Newfoundland) Limited 96 1982 No. 148 Irving Oil Limited vs. Raymond G.

Noseworthy, Pe ter Cook, Atlantic Transportation Company Limited and Heap Noseworthy Limited 97 1982 No. 153 Exploits Sales and Services Limited and Jacob Ellis vs. Fox Farms Village Limited 98 1982 No. 164 Susan H. Patten vs. Peter N. Oute rbridge and A. Harvey & Company Limited 99 1982 No. 165 Richard J. Greene,Q.C. vs. Les Galaries Saint- Laurent Inc. and Crosbie Ente rprises Limited and Federal Business Development Bank 100 1982 No. 168 Randell Barnes and Goldie Barnes vs.

Abigail Pardy 101 1982 No. 172 In the Matter of the applications of Basil Tr acey, Carol Suzanne Snow and Diane Kendell pursuant to the said Act vs. Marjorie Isabel Lamb, Trustee 102 1982 No. 179 Central Service Station Limited vs. Germaine and Williams Trucking Limited 103 1982 No. 180 Lundrigan Holdings Limited, trading as Atlantic Building Material vs. Lloyd Ryan 104 1982 No. 185 Hickman Motors Limited vs. Sm iths Enterprises Limited and Lloyd Smith 105 1982 No. 187 Harry Frederick Frost vs. Linda Jean Vivian Frost 106 1982 No. 192 Pitts Atlantic Construction Limited vs.

Cons truction and General Labourers Rock and Tunnel Workers Union, Local 1208 and The United Brotherhood of Carpenters and Joiners of America Local 579 107 1982 No. 203 Frontier Mining Limited vs. Tr ans Canada Resources Limited et al 108 1982 No. 211 Stanley G. Jones and William C. Gi bbs vs. Trans Canada Resources Ltd et al 109 1982 No. 219 Canada Cycle & Motor Company Limited and Catalina Agencies Limited vs. John Goldsworthy, Infant by his next friend, Calvert Goldsworthy 110 1982 No. 243 St. John’s Building Supplies Limited vs. Baker’s Roofing Limited 111 1982 No. 248 Carter Homes Limited vs.

Carol Development Limited 112 1982 No. 249 Angela McIsaac vs. Crosbie Enterprises Limited 113 1982 No. 255 Newfoundland Telephone Company Limited vs. The Town Council of the Town of Stephenville 114 1981 No. 6 Katherine Burt vs. Joseph Arnold Burt 115 1981 No. 9 Sweeney’s Pontiac and Buic k Limited vs. Consumers Metal Corporation and Dominion Metals Limited 116 1981 No. 14 Dorothy Lorraine Cook vs. Armand Francis Cook 117 1981 No. 17 The Luncheonette Li mited vs. Aylwards Limited 118 1981 No. 23 Joan Rowe vs.

Malcolm Roy King, Joseph Conway vs.Malcolm Roy King, Joseph Conway vs.Malcolm Roy King, 119 1981 No. 24 Joan Rowe vs. Malcolm Roy King, Joseph Conway vs.Malcolm Roy King, Joseph Conway vs.Malcolm Roy King 120 1981 No. 26 Stephen Neary vs. Michael Neary, Admini strator of the Estate of George Neary, deceased 121 1981 No. 39 Daley Brothers Limited and Terry Daley vs. Anna Daley, as Administratrix of the Estate of John Patrick Daley 122 1981 No. 86 Lewvest Limited vs. Scotia Homes Limited, Scotia Development and Newfoundland Engineering and Construction Company Limited ( NECCO) 123 1981 No. 87 Andrew F. Harding vs.

Thomas Cahill

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 210 124 1981 No. 88 Western Memorial Hospital Corporation vs. Ca nadian Union of Public Employees, Local 488 and Wayne Thistle, Michael Monaghan and Mel House, being a Board of Arbitration 125 1981 No. 94 Irving Oil Limited, Shirley Bishop, Crosbie and Company Limited and the Bank of Montreal vs. The Sheriff of Newfoundland 126 1981 No. 103 Import Motors ( 1966) Lim ited vs. The City of St. John’s 127 1981 No. 105 Royal Trust Corporation of Canada, as Attorney for certain proprietors of Des Barres Estate vs. A.E.

Hickman Company Limited 128 1981 No. 121 Robert Halfyard and Lorraine S quires vs. Newfoundland Light and Power Co. Ltd 129 1981 No. 145 Cecil Billard vs. Femway Limited, operating under the firm name of “ Action Sales and Rentals’ 130 1981 No. 146 James Hearn vs. Greenshields Incorporated 131 1981 No. 162 Metro General Insurance Corporation Limited a nd Reid Insurance Agency Limited and Barry Layte vs. Edison Rice 132 1981 No. 165 Mary Louise Taylor vs. Francis Taylor 133 1981 No. 166 Mildred Miller vs.

The Canada Games Park Co mmission and The Minister of Public Works and Services for the Province of Newfoundland 134 1981 No. 176 Western Memorial Hospital vs. The Newfoundland Association of Public Employees 135 1981 No. 201 Andrew Mahoney vs. The Royal Bank of Canada 136 1981 No. 206 Deer Lake Sales & Servi ces Limited vs. A.J. Candow Limited 137 1981 No. 215 In the Matter of the Bankruptcy of Betty Spence 138 1981 No. 220 Her Majesty’s Attorney Genera l for Newfoundland vs. Carl A. Sterrett, Ella L. Sterrett, Sterrett Equipment Sales Limited 139 1981 No. 245 The Royal Bank of Canada vs.

George Banfield 140 1981 No. 247 Len Singleton Limited vs. Bert Fudge 141 1981 No. 248 International Brotherhood of Electrical Workers, Local 1620 vs. Estate of Brake’s Construction Company Limited and Newfoundland and Labrador Hydro Electric Corporation 142 1981 No. 263 Regatta Ford Sales vs. The Sheriff of Newfoundland 143 1981 No. 267 Gerald Hanlon vs. Eric No rman and Crosbie Wholesale Limited 144 1981 No. 271 Riteman’s Limited vs. Stead Lumber Company Limited 145 1981 No. 272 Richard J. Greene vs.

Federa l Business Development Bank and Les Galeries Saint-Laurent Inc and Crosbie Enterprises Limited 146 1980 No. 2 CNR vs. Royal Trust Corporation of Canada and George S. Murphy Limited 147 1980 No. 7 Home Town Building Supp lies vs. Deckmar Const. Limited 148 1980 No. 47 International Union of Operating Engineers Lo cal 904 vs. McNamara Corporation of Newfoundland Limited 149 1980 No. 54 Cecil Billard vs. Town of Hawke’s Bay 150 1980 No. 66 Mechanical Services Limited vs. EMCO Limited 151 1980 No. 68 Gloria Parsons Limited vs. Town of Grand Falls 152 1980 No. 94 David F. Pitcher vs. David G.

Porter 153 1980 No. 95 Denis Liv Treslan vs. Valorie Ella Treslan 154 1980 No. 97 Suburban Const. Ltd vs. Stanley Tulk 155 1980 No. 99 Karl Heinz Beck vs. Elizabeth Charlotte Beck 156 1980 No. 107 Christopher Murphy vs. Hillcrest Contracting Limited 157 1980 No. 108 Frederick Boulos vs. Lody Boulos 158 1980 No. 154 Scotia Towers Ltd vs. CNR and Terra Nova Telecommunications Inc. 159 1980 No. 159 Kevin O’Brien vs. Gordon Chubbs 160 1980 No. 162 Bracs Holdings and Developm ent Co. Ltd vs. Suburban Const. Ltd. 161 1980 No. 163 Lamlawton Const. Ltd vs.

Dawco Ltd and Town of Bishops Falls 162 1980 No. 166 Fishery Products Limited vs. Seawater Products ( Nfld) Ltd et al 163 1980 No. 170 Frost Limited vs. Peter Murphy 164 1980 No. 171 Clifford H. Rowe vs. Harvey & Company Limited 165 1980 No. 172 Robert Connors vs. Mary Cecilia Piercey 166 1980 No. 173 Cyril Philpott vs. Town of Lewisporte 167 1980 No. 196 Margaret Hazel Rumboldt vs. Raymond Patrick Rumboldt 168 1980 No. 211 Robert Cook, operating under the firm name or style of Elizabeth Irving Service Centre vs. David Hefferman and Daniel Maher

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 211 169 1980 No.216 Malcolm Boyle vs. Canadian Brotherhood of Railway, Transport and General Workers, Local 314 and Barrie Hould 170 1980 No. 220 Hudson Davis, in his capacity as Chairman of th e Residential Tenancies Board for the Central Residential Tenancies Area vs. Kenneth G. Winter 171 1979 No. 15 Linda Ryan vs. Her Majesty in Right of Newfoundland 172 1979 No. 18 Mark John Lewis, Trustee vs. Frost Limited and Br uce Malcolm Ralph in his own right and as Attorney for Mary Isabel Ralph 173 1979 No. 46 Carmen Bishop vs.

Vachon Inc. 174 1979 No. 49 Graham Mifflin vs. The Town of Conception Bay South 175 1979 No. 55 Dorothy Marie Tucker vs. Walter Tucker 176 1979 No. 69 Elisabeth Charlotte Beck vs. Karl Heinz Beck 177 1979 No. 71 Bruce Butler ( 1974) Ltd vs. J.W. Bird a nd Company and Glaverbel Glass Industries Limited 178 1979 No. 94 Owen Crossan vs Patrick MacManamon et al 179 1979 No. 95 Commercial Publishing Company vs. Collins Graphic Services Limited 180 1979 No. 107 The Bank of Nova Scotia vs. Lewisporte Shipyards Ltd. 181 1979 No. 122 Agencies

(1977) Ltd vs. Chesley Bates and Cla ude Brown trading under the name and style of Directway and Tom Mahoney 182 1979 No. 125 Frost Limited vs. Bruce Malcolm Ralph in his own right and Bruce Malcolm Ralph as Attorney for Mary Isabel Ralph vs. Roy Roy Investments Limited 183 1979 No. 129 Fairview Const. Ltd. vs. Cheste r Dawe Limited and Nuport Const. Limited 184 1979 No. 144 Modern Paving Co. Ltd vs. Ozark Electrical Marine Ltd. 185 1979 No. 146 Federal Business Development Ba nk vs. Workers Compensation Board et al 186 1979 No. 148 Ralph Butt and Joanne Butt vs.

Gene ral Motors of Canada and Hickman Motors 187 1979 No. 150 Michael Stapleton vs. Alphonsus Curtis and Glenna Hann 188 1979 No. 164 International Brotherhood of Electrical Worker s, Local 1620 et al vs. Newfoundland Light and Power Co. 189 1978 No. 1 Frank Brazil vs. Joseph Roberts 190 1978 No. 3 Linda Hodder et al vs. Gilbert Norman Brinston 191 1978 No. 13 The Bond Hotel Company Ltd vs. Crown Construction and Roynat Limited 192 1978 No. 20 Craig Dobbin and Jean Yves Gelinas vs. Joseph Del Rizzo 193 1978 No. 29 Gerald Peckham and Patrick Pe ndergast vs.

Allan Smith and Ella Smith 194 1978 No. 46 Herbert Greeley vs. Ina Bishop 195 1978 No. 58 Harry Frederick Frost vs. Linda Jean Vivian Frost 196 1978 No. 78 Hotel St. John’s Lim ited vs. Kenneth Parsons et al 197 1978 No. 107 National Wholesalers Limited et al vs. George E. Rowe et al 198 1978 No. 131 Karl Diemer and Roberta Diemer vs. William Ryan 199 1977 No. 16 Claude A. Sheppard vs. Her Majesty th e Queen in right of the Province of Newfoundland 200 1977 No. 61 Joseph Slaney vs. Martin Goulding 201 1977 No. 63 Gerald Martin vs. Dorothy Thomas 202 1977 No. 79 Dale Patrick Holwe ll vs.

Jopseph Maxwell Penney 203 1977 No. 86 Combined Appraisers and Consulta nts Company Limited vs. Alphonsus J. Hawco 204 1977 No. 97 Town of Placentia Council vs. Phillip Power 205 1977 No. 109 Traders Group Ltd vs. Mobil Home Park Developers Limited 206 1977 No. 113 Chateau Realty Limited vs. St. John’s Laurier Club et al 207 1976 No. 13 Craig Dobbin & Jean Yves Gelanas vs. Joseph Del Rizzo 208 1976 No. 14 Hillcrest Contracting vs. Craig Dobbin and Jean Yves Gelinas 209 1976 No. 52 Shirley Francis ( Whalen) Miller vs.

Avalon North Integrated School Board 210 1976 No. 59 In the matter of the Infant Child born to Marion Ma her and in the matter of an application by Edward Carew 211 1976 No. 74 Nathaniel Somerton vs. Maxwell Watton 212 1976 No. 93 Entertainment Enterprises Lim ited vs. Maryland Casualty Company et al 213 1976 No. 101 Joseph Tremblett as Administrator of the Es tate of Annie (Parsons) Tremblett vs. Gregory Parsons 214 1976 No. 112 In the matter of the Motor Vehicle Trans port Act 1970 vs Canadian National Railway Company vs. 215 1976 No. 128 Newfoundland Light & Powe r Company vs.

Maxwell Barrett 216 1976 No. 134 Karl Diemer and Roberta Diemer vs. William P. Ryan 217 1976 No. 138 William P. Ryan vs. Randolph Whiteway

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 212 218 1976 No. 140 Woodrow Russell vs. Corner Brook City Council 219 1976 No. 141 City of Corner Brook vs. Brian C. McGrath May 3 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SHERRY CATHERINE PIERCEY of P. O.

Box 310, New Harbour, Trinity South, A0B 2P0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from ROBIN ROWENA WOODMAN to ROBIN ROWENA PIERCEY DATED this 26th day of March, 2002. SHERRY C. PIERCEY (Signature of Applicant) May 3 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SHERRI LYNN GOSSE of 58 Montague Street, St.

John’s, A1A 3K7, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from JENNIFER MICHELLE FUREY to JENNIFER MICHELLE GOSSE SAMANTHA CORINNE FUREY to SAMANTHA CORINNE GOSSE DATED this 25th day of April, 2002. SHERRI GOSSE (Signature of Applicant) May 3 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- PAULETTE DENISE ROBERTS of P. O.

Box 120, Pilley’s Island, A0J 1M0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from ASHLEY COURTNEY WHALEN to ASHLEY COURTNEY ROBERTS DATED this 19th day of April, 2002. PAULETTE ROBERTS (Signature of Applicant) May 3

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 77 ST. JOHN'S, FRIDAY, MAY 3, 2002 No. 18 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 34/02 NLR 35/02 NLR 36/02

The Newfoundland and Labrador Gazette May 3, 2002 251 NEWFOUNDLAND AND LABRADOR REGULATION 34/02 Notice of Protected Water Supply Area of Peddle’s Pond under the Environment Act (Filed April 29, 2002) Under the authority of

section 10 of the Environment Act, I desig- nate the area generally known as the Peddle’s Pond Water Supply Area for the Town of St. Mary’s as a protected water supply area. Dated at St. John’s, April 17, 2002. Kevin Aylward Minister of Environment NOTICE This area includes all lands in the Pr ovincial Electoral District of Pla- centia and St.

Mary’s abutted and bounded as follows: By a line drawn from Military Grid Reference (Zone 22) 305,000 me- tres east 5,197,000 metres north 251° 00' grid azimuth for a distance of 200 metres to the commencement point; Then from the above point by a line drawn at 250° 00' grid azimuth for a distance of 350 metres; Then from the above point by a line drawn at 230° 00' grid azimuth for a distance of 450 metres;

Notice of Protected Water Supply Area of Peddle's Pond 34/02 The Newfoundland and Labrador Gazette May 3, 2002 252 Then from the above point by a line drawn at 348° 00' grid azimuth for a distance of 250 metres; Then from the above point by a line drawn at 38° 00' grid azimuth for a distance of 650 metres; Then from the above point by a line drawn at 81° 00' grid azimuth for a distance of 300 metres; Then from the above point by a line drawn at 170° 00' grid azimuth for a distance of 400 metres to the point of commencement. All bearings refer to Grid North. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette May 3, 2002 253 NEWFOUNDLAND AND LABRADOR REGULATION 35/02 Notice of Protected Water Supply Area of Arch Cove Pond under the Environment Act (Filed April 29, 2002) Under the authority of

section 10 of the Environment Act, I desig- nate the area generally known as the Arch Cove Pond Water Supply Area for the Local Service District of Garden Cove as a protected water supply area. Dated at St. John’s, April 17, 2002. Kevin Aylward Minister of Environment NOTICE This area includes all lands in the Provincial Electoral District of Bellevue abutted and bounded as follows: By a line drawn from Military Grid Reference (Zone 21) 712,000 me- tres east 5,306,000 metres north 144° 00' grid azimuth for a distance of 450 metres to the commencement point; Then from the above point by a line drawn at 31° 00' grid azimuth for a distance of 750 metres;

Notice of Protected Water Supply Area of Arch Cove Pond 35/02 The Newfoundland and Labrador Gazette May 3, 2002 254 Then from the above point by a line drawn at 125° 00' grid azimuth for a distance of 550 metres; Then from the above point by a line drawn at 135° 00' grid azimuth for a distance of 550 metres; Then from the above point by a line drawn at 108° 00' grid azimuth for a distance of 900 metres; Then from the above point by a line drawn at 171° 00' grid azimuth for a distance of 600 metres; Then from the above point by a line drawn at 213° 00' grid azimuth for a distance of 950 metres; Then from the above point by a line drawn at 319° 00' grid azimuth for a distance of 1,150 metres; Then from the above point by a line drawn at 253° 00' grid azimuth for a distance of 350 metres; Then from the above point by a line drawn at 297° 00' grid azimuth for a distance of 500 metres; Then from the above point by a line drawn at 352° 00' grid azimuth for a distance of 750 metres to the point of commencement.

All bearings refer to Grid North. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette May 3, 2002 255 NEWFOUNDLAND AND LABRADOR REGULATION 36/02 Labour Standards Regulations (Amendment) under the Labour Standards Act (O.C. 2002-124) (Filed May 3, 2002) Under the authority of sections 26 and 27 of the Labour Standards Act, the Lieutenant-Governor in Council makes the following regula- tions. Dated at St. John’s, May 3, 2002. Tim Murphy Deputy Clerk of the Executive Council (Acting) REGULATIONS Analysis 1. S.9 Amdt. Overtime wage 2. NLR 24/02 Amdt. 1. Subsections 9(1), (1.1) and (1.2) of the Labour Standards Regulations are repealed and the following substituted: CNLR 781/96 as amended

Labour Standards Regulations (Amendment) 36/02 The Newfoundland and Labrador Gazette May 3, 2002 256 9.

(1) Effective on May 3, 2002, for the purpose of

section 25 of the Act, overtime wages shall be paid at a rate of not less than $8.63 an hour.

(1.1) Notwithstanding subsectio n (1), effective November 1, 2002, for the purpose of

section 25 of the Act, overtime wages shall be paid at a rate of not less than $9.00 an hour.

(1.2) Notwithstanding subsections (1) and (1.1), effective April 1, 2003, for the purpose of

section 25 of the Act, overtime wages shall be paid at a rate of not less than one and one half an employee's regular rate of pay. 2. Sections 2 and 3 of the Labour Standards Regulations (Amendment), Newfoundland and Labrador Regulation 24/02, are repealed. ©Earl G. Tucker, Queen's Printer Interim overtime wage NLR 24/02 Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 257 Index

PART I C h a n g e o f N a m e A c t — N o t i c e s o f A p p l i c a t i o n ............................................................ 2 1 2 J u d i c a t u r e A c t — N o t i c e .............................................................................. 2 0 7 L a n d s A c t — N o t i c e o f I n t e n t .......................................................................... 2 0 5 M o t o r C a r r i e r A c t — N o t i c e ........................................................................... 2 0 6 Public Inquiries Act — Proclamation ..................................................................... 2 0 3 U r b a n a n d R u r a l P l a n n i n g A c t — N o t i c e ................................................................. 2 0 5

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNR or Nfld. Gazette made thereunder Nfld. Reg. Amendment Date & Page No. Environment Act Notice of Protected Water Supply NLR 34/02 New May 3/02, p. 251 Area of Peddle’s Pond Notice of Protected Water Supply NLR 35/02 New May 3/02, p. 253 Area of Arch Cove Pond Labour Standards Act Labour Standards Regulations NLR 36/02 Amends May 3/02, p. 255 (Amendment) CNLR 781/96, S. 9 Amdt, Amends NLR 24/02

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 3, 2002 258 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen's Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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