Third

Session, 46th General Assembly

Elizabeth II, 2010

BILL 38

AN ACT TO REMOVE

ANOMALIES AND ERRORS

IN THE STATUTE LAW

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

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

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

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

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

HONOURABLE

FELIX COLLINS

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

General: The purpose of this Bill is

to bring before the House of Assembly matters in the statute law that require

legislative correction as a result of amendments or enactments made in previous

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

of the Minister of Justice and are technical amendments not involving matters

of policy. Each amendment is explained by reference to the clause of the Bill

by which it is proposed.

Clause 1 of the Bill is the short

title.

Clause 2 of the Bill would amend

paragraph 2(

n) of the Access to

Information and Protection of Privacy Act to reflect the current title of

the officer of the House previously known as the Commissioner for Members'

Interests.

Clause 3 of the Bill would amend

section 15 of the Attorney General

Statutes Amendment Act , 2009 to remove 2 provisions purporting to repeal

spent legislation. They were included in error.

Clause 4 of the Bill would amend

section 21 of the Condominium Act, 2009

to correct an error in the numbering of subsections. At present there are 2

subsections with the number "2".

Clause 5(1) of the Bill would amend

subparagraph 45(1)(d)(ii) of the Consumer

Protection and Business Practices Act to correct a drafting error. It would

add the word "other" to the phrase "in any case".

Clause 5(2) of the Bill would amend

paragraph 45(1)(

l) of the Consumer

Protection and Business Practices Act to remove a phrase that was

erroneously included at the initial drafting phase and does not appear in the

legislation of other jurisdictions that used the drafting template.

Clause 6 of the Bill would amend

section 81 of the Corporations Act to

replace a cross-reference that was affected by the passage of the Securities Transfer Act . The reference

to subsection 245(3) should now be to subsection 245(8).

Clause 7 of the Bill would amend

subsection 4(1) of the Energy Corporation

Act to adjust references to provisions of

section 245 of the Corporations Act which were affected by

the passage of the Securities Transfer

Act .

Clause 8(1) of the Bill would amend

subsection 49(4) of the Highway Traffic

Act to reflect the fact that the notice of licence suspension referred to there

involves several sections of the Act and several periods of suspension rather

than one.

Clause 8(2) of the Bill would amend

subsection 60.1(9) of the Highway Traffic

Act to remove a reference to subsection 60.1(3.1) which appears there

erroneously. It is appropriately found in subsection 60.1(9.1).

Clause 9 of the Bill would amend

subparagraph 2(r )( ii) of the House of Assembly Accountability, Integrity and Administration Act

to reflect the current title of the officer of the House previously known as

the Commissioner for Members' Interests.

Clause 10 of the Bill would amend

paragraph 66.1(1)(

c) of the Income Tax

Act, 2000 to remove possible divergence of meaning from the equivalent

provision in the federal Act.

Clause 11 of the Bill would amend paragraphs

15(2)(

a) and (

c) of the Lands Act to

correct erroneous references to other Acts.

Clause 12 of the Bill would amend

section 104 of the Liquor Control Act

to correct an error in cross-referencing.

Clause 13 of the Bill would amend

paragraph 2(1)(

d) of the Lobbyist

Registration Act to reflect the current title of the officer of the House

previously known as the Commissioner for Members' Interests.

Clause 14 of the Bill would amend

subsection 99(5) of the Municipal

Elections Act to correct an error in cross-referencing.

Clause 15 of the Bill would amend paragraphs

90(1 )(

b) and (

c) of the Personal Health Information Act to correct 2 errors in

cross-referencing.

Clause 16 of the Bill would amend

paragraphs 4(2)(

f) and 4(4)(

a) of the Private

Training Institutions Regulations to correct errors in cross-referencing.

Clause 17 of the Bill would amend

subsection 18(2) of the Protected Road

Zoning Regulations to correct a reference to a provision of the Urban and Rural Planning Act, 2000 .

Clause 18 of the Bill would amend

subparagraph 4(1 )( a)(

v) of the Public Service Commission Act to reflect the current title of the

officer of the House previously known as the Commissioner for Members'

Interests.

Clause 19(1)(

a) and (

b) of the Bill

would repeal 2 Acts,

An Act to Amend the

Gasoline Tax Act (No. 3) and

An Act

to Amend the Tobacco Tax Act (No. 4) , both passed in 1992. Their repeal was

overlooked in the revision of provincial taxation law effected by the Revenue Administration Act .

The remainder of the clause 19 of the

Bill would repeal a number of obsolete or spent Acts and regulations.

A BILL

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

Analysis

Short title

Access to Information and Protection of

Privacy Act

Attorney General Statutes Amendment Act,

Condominium Act, 2009

Consumer Protection and Business

Practices Act

Corporations Act

Energy Corporation Act

Highway Traffic Act

House of Assembly Accountability,

Integrity and Administration Act

Income Tax Act, 2000

Lands Act

Liquor Control Act

Lobbyist Registration Act

Municipal Elections Act

Personal Health Information Act

Private Training Institutions

Regulations

Protected Road Zoning Regulations

Public Service Commission Act

Repeal

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Attorney

General Statutes Amendment Act, 2010.

SNL2002 cA-1.1

as amended

2. Paragraph 2(

n) of the Access to Information and Protection of Privacy Act is repealed and

the following substituted:

(n) "officer of the House of Assembly"

means the Speaker of the House of Assembly, the Clerk of the House of Assembly,

the Chief Electoral Officer, the Auditor General of Newfoundland and Labrador,

the Commissioner for Legislative Standards, the Citizens' Representative, the

Child and Youth Advocate and the Information and Privacy Commissioner, and a

position designated to be an officer of the House of Assembly by the Act

creating the position;

SNL2009 c30

(1) Paragraph 15(1 )(

d) of the Attorney General Statutes Amendment

Act, 2009 is repealed.

(2) Paragraph 15(2)(

k) of the Act is repealed.

(3) This

section is considered to have come into

force on December 22, 2009.

SNL2009 cC-29.1

Section 21 of the Condominium Act, 2009 is amended by renumbering the subsection

immediately preceding subsection (3) as subsection (2.1).

SNL2009 cC-31.1

as amended

(1) Subparagraph 45(1)(d)(ii) of the Consumer Protection and Business Practices

Act is repealed and the following substituted:

(ii) in any other case, the estimated residual

value plus an amount that the lessee will be required to pay in the ordinary

course of events at the end of the term;

(2) Paragraph 45(1)(

l) of the Act is repealed and

the following substituted:

(l) "cash value" , in

relation to leased goods, means

(

i) where the lessor sells like goods to cash

customers in the ordinary course of carrying on business,

(

A) a value that fairly represents the price for

which the lessor sells those goods to cash customers, or

(

B) where the lessor and the lessee agree on a

lower cash value, that lower cash value, or

(ii) where the lessor does not sell like goods to

cash customers in the ordinary course of carrying on business,

(

A) the lessor's reasonable estimate of the price

at which cash customers would buy those goods, or

(

B) if the lessor and the lessee agree on a lower

cash value, that lower cash value;

RSNL1990 cC-36

as amended

Section 81 of the Corporations Act is repealed and the following substituted:

Shareholder immunity

81. The

shareholders of a corporation are not, as shareholders, liable for a liability,

act or default of the corporation except under subsection 67(4), subsection

245(8) or subsection 355(5).

SNL2007 cE-11.01

as amended

7. Subsection 4(1) of the Energy Corporation Act is repealed and the following substituted:

Application of

the Corporations Act

(1) The

Corporations Act , except for

section

27, paragraphs 31(

a) to (e), sections 32, 76, 81, 167, 169, 172, 173, 177 and

178, subsections 184(3) and (4),

section 188, subsections 189(1) and (2), paragraphs

189(3)(a), (d), (

h) and (j), sections 200, 201, 203 to 209, subsections 245(1),

(2) and (8), sections 273 and 275, subsections 276(1), (3), (4) and (5) and

section 277, does not apply to the corporation.

RSNL1990 cH-3

as amended

8. (1) Subsection 49(4) of the Highway Traffic Act is repealed and the

following substituted:

(4) Subject to subsections (2) and (3), a driver

or person having the care or control of a vehicle who surrendered his or her

driver's licence and was given notice of a suspension under

section 60.1, 60.4

or 60.5 shall, upon being asked for his or her driver's licence after the suspension

period has expired, produce notice of that suspension which shall serve as

proof that the person does hold a driver's licence which was suspended and has

been reinstated as of the date and time given on the notice.

(2) Subsection 60.1(9) of the Act is amended by

the deleting the references "subsection (1), (2), (3) or (3.1)" and

substituting the references " subsection (1), (2) or (3)".

SNL2007 cH-10.1

as amended

9. Subparagraph 2(r)(ii) of the House of Assembly Accountability, Integrity

and Administration Act is repealed and the following substituted:

(ii) Commissioner

for Legislative Standards,

SNL2000 cI-1.1

as amended

(1) Paragraph 66.1(1)(

c) of the Income Tax Act, 2000 is repealed and the

following substituted:

(c) "capital",

in the case of a financial institution other than an authorized foreign bank,

means its capital for a taxation year that is the amount, if any, by which the

total at the end of the year of

(

i) the amount of its long-term debt,

(ii) the amount of its capital stock or, in the case of an institution

incorporated without share capital, the amount of its members' contributions,

(iii) retained earnings, contributed surplus and other surpluses, and

(iv) the amount of its reserves for the year except to the extent that

the reserves were deducted in computing its income under

Part I of the federal

Act for the year,

exceeds the total at

the end of the year of the amount of its deferred tax debit balance and the

amount of a deficit deducted in computing its shareholders' equity;

(2) This

section is considered to have come into

force on October 31, 2008.

SNL1991 c36

as amended

11. (1) Paragraph 15(2)(

a) of the Lands Act is repealed and the following

substituted:

(a) "minerals" means minerals as defined

in the Mineral Act ;

(2) Paragraph 15(2)(

c) of the Act is repealed and

the following substituted:

(c) "quarry materials" means quarry

materials as defined in the Quarry

Materials Act, 1998.

RSNL1990 cL-18

as amended

Section 104 of the Liquor Control Act is amended by striking out the reference

"section 7" and substituting the reference "section 6".

SNL2004 cL-24.1

as amended

13. Paragraph 2(1)(

d) of the Lobbyist Registration Act is repealed and the following

substituted:

(d) "officer of the House of Assembly"

means the Speaker of the House of Assembly, the Clerk of the House of Assembly,

the Chief Electoral Officer, the Auditor General of Newfoundland and Labrador,

the Commissioner for Legislative Standards and a position designated to be an

officer of the House of Assembly by the Act creating the position;

SNL2001 cM-20.2

as amended

14. Subsection 99(5) of the Municipal Elections Act is repealed and the following substituted:

(5) An elected candidate who does not file the

statement, oath or affirmation required under subsection 67(3) or who

fraudulently files an incorrect statement under that subsection is guilty of an

offence.

SNL2008 cP-7.01

as amended

15. Paragraphs 90(1)(

b) and (

c) of the Personal Health Information Act are

repealed and the following substituted:

(

b) designating a person as a custodian for the

purpose of paragraph 4(1)(p);

(

c) designating a person as excluded from the

meaning of "custodian" for the purpose of paragraph 4(2)(k);

CNLR 1114/96

as amended

16. (1) Paragraph 4(2)(

f) of the Private Training Institutions Regulations ,

published under the Private Training

Institutions Act , is repealed and the following substituted:

(

f) the security required under

section 10.

(2) Paragraph 4(4)(

a) of the Act is repealed and

the following substituted:

(

a) the security or evidence of the continuation

of that security as required under

section 10; and

CNLR 996/96

as amended

17. Subsection 18(2) of the Protected Road Zoning Regulations, published under the Urban and Rural Planning Act, 2000, is repealed

and the following substituted:

(2) Where the developer does not comply with the

direction given in subsection (1), the authority shall take action as

prescribed in

section 102 or 104 of the Act.

RSNL1990 cP-43

as amended

18. Subparagraph 4(1)(a)(

v) of the Public Service Commission Act is

repealed and the following substituted:

(

v) the Commissioner for Legislative Standards,

Repeal

(1) The following

Acts are repealed:

(

a) An Act

to Amend the Gasoline Tax Act (No. 3) , SNL1992 c54;

(

b) An Act to

Amend the Tobacco Tax Act (No. 4) , SNL1992 c55; and

(

c) Newspapers

and Books Act Repeal Act , SNL2009 c33.

(2) The following proclamations bringing Acts into

force are repealed:

(

a) Newfoundland and Labrador Regulation 103/09;

(

b) Newfoundland and Labrador Regulation 106/09 ;

(

c) Newfoundland and Labrador Regulation 111/09 ;

(

d) Newfoundland and Labrador Regulation 115/09;

(

e) Newfoundland and Labrador Regulation 28/10;

(

f) Newfoundland and Labrador Regulation 31/10;

(

g) Newfoundland and Labrador Regulation 42/10; and

(

h) Newfoundland and Labrador Regulation 46/10.

(3) The Proclamation

re Writ of Election for the District of Topsail, Newfoundland and Labrador

Regulation 9/10, published under the Elections

Act, 1991, is repealed.

(4) The Vacated

Community of Grand Bruit Order , Newfoundland and Labrador Regulation 52/10,

published under the Evacuated Communities

Act , is repealed.

(5) The following items published under the Municipal Elections Act are repealed:

(

a) General

Election Deferral Order for the Town of Port au Choix , Newfoundland and

Labrador Regulation 74/09;

(

b) General

Election Deferral Order for the Town of Lourdes , Newfoundland and Labrador

Regulation 75/09;

(

c) By-Election

Order for the Town of Norris Point , Newfoundland and Labrador Regulation

105/09 ;

(

d) Special

Election Order, Town of Port au Choix , Newfoundland and Labrador Regulation

72/10; and

(

e) Special

Election Order, Town of Lourdes , Newfoundland and Labrador Regulation

73/10.

(6) The following items published under the Municipalities Act, 1999 are repealed:

(

a) Feasibility Report Order , Newfoundland

and Labrador Regulation 109/09;

(

b) Feasibility Report Respecting the Annexation

of the Town of Little Catalina to the Town of Trinity Bay North, Newfoundland

and Labrador Regulation 110/09 ; and

(

c) Disestablishment

of the Local Service District of Grand Bruit Order , Newfoundland and

Labrador Regulation 51/10.

(7) The Repeal

of Notice of Protected Water Supply Area of Burlington West , Newfoundland

and Labrador Regulation 15/10, published under the Water Resources Act is repealed.

Earl G. Tucker, Queen's Printer