Newfoundland and Labrador Gazette, Part II — 11 June 2004, Vol. 79, No. 24 — Regulations NLR 1143/96

NLG 2004-06-11

Newfoundland and Labrador — Gazette

293 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 79 ST. JOHN’S, FRIDAY, JUNE 11, 2004 No. 24 MINERAL ACT NOTICE Published in accordance with regulation 62 of the Mineral Regulations.

Mineral rights to the follow ing mineral licences have reverted to the Crown: Mineral Licence 8348M, 8349M held by David Cramm situate near Four M ile Pond, Central NL on map sheet 2E/ 1 Mineral Licence 8442M held by South Coast Ventures Inc situate near Greenwood Brook, Central NL on map sheet D/11 Mineral Licence 8441M held by South Coast Ventures Inc situate near Northwest Gander, Central NL on map sheet 2D/14, 2D/11 Mineral Licence 9355M held by Roland Quinlan situate near Gulp Pond, Central NL on map sheet 12A/ 8 Mineral Licence 9356M held by Mervin Quinlan situate near Coy Pond, Central NL on map sheet 2D/ 5 Mineral Licence 9357M held by George Lannon situate near Stony Brook, Central NL on map sheet 2D/13 Mineral Licence 9359M held by British Canadian Mines Ltd. situate near Coachmans Harbour, Baie Verte on map sheet 12I/ 1 Mineral Licence 9588M held by Edward Martin situate near Nippers Ha rbour, Baie Verte Pen on map sheet 2E/13 Mineral Licence 9610M held by Dimitriy Mezhinskiy situate near Nippers Ha rbour, Baie Verte Pen on map sheet 2E/13 Mineral Licence 9643M held by Edward Martin situate near Baie Verte Area on map sheet 12H/16 A portion of licence 08649M held by Altius Resources Inc. situate near Gales Brook, Central NL on map sheet 12H/ 6,12H/10,12H/11 more particularly described in an application on file at Dept. of Natural Resources A portion of licence 08670M held by Roland Quinlan situate near Millineus Arm,Central NL on map sheet 2E/10 more particularly described in an application on file at Dept. of Natural Resources NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2004 as enacted up to June 8, 2004.

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 294 A portion of licence 08786M held by Black Bart Prospecting Inc situate near Miguels Brook,Central NL on map sheet 2D/11, 2D/12 more particularly described in an application on file at Dept. of Natural Resources A portion of licence 09282M held by Edward Martin situate near Nippers Ha rbour, Baie Verte Pen on map sheet 2E/13 more particularly described in an application on file at Dept. of Natural Resources A portion of licence 09281M held by Edward Martin situate near Nippers Ha rbour, Baie Verte Pen on map sheet 2E/13 more particularly described in an application on file at Dept. of Natural Resources A portion of licence 09597M held by Dimitriy Mezhinskiy situate near Nippers Ha rbour, Baie Verte Pen on map sheet 2E/13 more particularly described in an application on file at Dept. of Natural Resources A portion of licence 09595M held by Dimitriy Mezhinskiy situate near Osbournes P ond, Baie Verte Area on map sheet 12H/16 more particularly described in an application on file at Dept. of Natural Resources A portion of licence 09594M held by Dimitriy Mezhinskiy situate near Osbournes P ond, Baie Verte Area on map sheet 12H/16 more particularly described in an application on file at Dept. of Natural Resources A portion of licence 08975M held by Omya (Canada) Inc. situate near Coles Pond, Northern Peninsula on map sheet 12I/16, 2L/13 more particularly described in an application on file at Dept. of Natural Resources The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidated Newfoundland and Labrador Regulation 1143/96 and Ne wfoundland and Labrador Regulations 71/98, 104/98, 97/00 and 36/01 and outlined on 1:50 000 scale maps maintain ed by the Department of Natural Resources, will be open for staking after the hour of 9:00 AM on the 32nd clear day after the date of this publication.

Priority of applications submitted will be determined by a draw.

JIM HINCHEY, P.Geo Manager - Mineral Rights File # 774: 4482, 4547, 4671, 4685, 4751, 5080, 5137, 5138, 5139, 5141, 5263, 5268, 5278, 5294, 4075 June 11 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF PASADENA MUNICIPAL PLAN AMENDMENT NO. 6, 2004 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 9, 2004 Take notice that the Town of Pasadena Municipal Plan Amendment No. 6, 2004 and Development Regulations Amendment No. 9, 2004, adopted on the 19 th day of January, 2004 (as amended) and approved on the 19 th day of May, 2004, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms the purpose of Municipal Plan Amendment No. 6, 2004 is to allow the development of unserviced rural housing on the South Side of Park Road including Berkshire Road south of South Brook Park. In general terms, the purpose of Development Regulations Amendment No. 9, 2004, is to rezone a parcel of land on the map title “Town of Pasadena Land Use Zoning Map 1” from “Open Space Recreational” to Rural Residential II”.

The Pasadena Municipal Plan Amendment No. 6, 2004 and Development Regulations Am endment No. 9, 2004 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 Pasadena Municipal Plan Amendment No. 6, 2004 and Development Regulations Amendment No. 9, 2004 may do so at the Town Office, Pasadena during normal working hours. TOWN OF PASADENA Town Clerk June 11 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 316, 2004 Take notice that the St.

J ohn’s Development Regulations Amendment Number 316, 2004, adopted on the 25 th day of May, 2004 has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpos e of St. John’s Development Regulations Amendment Number 316, 2004, is to delete the reference to “Place of Amusement” and “Tavern” as Discretionary Uses in the Commercial Neighbourhood (CN) Zone in the Goulds Planning Area The St. John’s Developmen t Regulations Amendment Number 316, 2004 comes into effect on the day that this notice is published in The Newfoundland and Labrador

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 295 Gazette. A n y o n e w h o w i s h e s t o i n s p e c t a c o p y o f S t . John’s Development Regulations Amendment Number 316, 2004 may do so at the Department of Planning, 3 rd Floor, City Hall during regular business hours (Monday through Friday, 9:00 a.m. to 4:30 p.m.) CITY OF ST. JOHN’S Engineering and Planning Department June 11. NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 317, 2004 Take notice that the St.

J ohn’s Development Regulations Amendment Number 317, 2004, adopted on the 25 th day of May, 2004 has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpos e of St. John’s Development Regulations Amendment Number 317, 2004, is to rezone land located at Civic Number 31 Prince of Wales Street to the Apartment Low Density (A1) Zone. The St. John’s Developmen t Regulations Amendment Number 317, 2004 comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. A n y o n e w h o w i s h e s t o i n s p e c t a c o p y o f S t .

John’s Development Regulations Amendment Number 317, 2004 may do so at the Department of Planning, 3 rd Floor, City Hall during regular business hours (Monday through Friday, 9:00 a.m. to 4:30 p.

m) CITY OF ST. JOHN’S Engineering and Planning Department June 11 CITY OF ST. JOHN’S ACT ST. JOHN’S MUNICIPAL COUNCIL NOTICE ST. JOHN’S SIGN BY-LAW TAKE NOTICE that the St. John’s Municipal Council has enacted the St. John’s Sign By-Law. The said By-Law was passed by Council on the 31 st day of May, 2004 and will have the effect of updating the Sign By-Law enacted by Council on March 19, 1980. All persons are hereby required to take notice that any person who wishes to view such By-Law may view same at the Office of the City Solici tor of the St.

John’s Municipal Council at City Hall, and that any person who wishes to obtain a copy thereof may obtain it at the said office upon the payment of a reasonable charge as established by the St. John’s Municipal Council for such copy. Dated this 4th day of June, 2004. NEIL MARTIN City Clerk P. O. # 35743 June 11 CITY OF MOUNT PEARL ACT MOUNT PEARL MUNICIPAL COUNCIL NOTICE CITY OF MOUNT PEARL ANIMAL CONTROL REGULATIONS TAKE NOTICE that the Mount Pearl Municipal Council has enacted the City of Mount Pearl Animal Control Regulations.

The said Regulations were passed by Council on the 18 th day of May 2004 and will have the effect of enforcing animal control regulations with in the City of Mount Pearl in accordance with

Section 203 of the City of Mount Pearl Act. All persons are hereby required to take notice that any person who wishes to view such regulations may view same at the office of the Chief Administrative Officer of the Mount Pearl Municipal Coun cil at City Hall, and that any person who wishes to obtain a copy thereof may obtain it at the said office. These regulations shall come into effect on the 18 th day of June A.D. 2004. GERARD LEWIS, CMC Chief Administrative Officer P. O. # 35743 June 11

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 296 CORPORATIONS ACT Re: The Corporations Act B

Section 451 The following list comprises companies which have changed their names during the month of March, 2004.

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 297 Re: The Corporations Act B

Section 393 The following is a list of corporations incorporated during the month of March, 2004

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THE NEWFOUNDLAND AND LABRADOR June 11, 2004 313 Re: The Corporations Act B

Section 287 The following list comprises companies which were issued Restated Certificates of Incorporation the month of March, 2004. Re: The Corporations Act B

Section 294 The following list comprises companies which were brought about by amalgamation during the month of March, 2004

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 314 Re: The Corporations Act B

Section 335 The following list comprises companies which have been dissolv ed under Articles of Dissolution during the month of March, 2004.

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THE NEWFOUNDLAND AND LABRADOR June 11, 2004 319 Re: The Corporations Act B

Section 301 and 393 The following list comprises companies which have been issued Certificates of Discontinuance during the month of March, 2004.

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 320 Re: The Corporations Act B

Section 443 The following is the list of the Extra-Provincial companies which were issued Certificates of Registration during the month of March, 2004.

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 321

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THE NEWFOUNDLAND AND LABRADOR June 11, 2004 323 Re: The Corporations Act B

Section 286 The following list comprises companies which have changed their names during the month of March, 2004.

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 324 The Corporations Act B

Section 333 The following is a list of companies which have filed a Statement of Intent to Dissolve during the month of March, 2004.

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 325 Re: The Corporations Act B

Section 286 The following list comprises companies which were issued Certificates of Amendment during the month of March, 2004.

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THE NEWFOUNDLAND AND LABRADOR June 11, 2004 331 Re: The Corporations Act B

Section 331 The following is a list of companies issued Certificates of Revival for the month of March, 2004.

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 332 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- KIMBERLEY RODGERS of General Delivery, New Melbourne, A0B 2R0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from BRANDON RYAN TYLER PIERCEY to BRANDON RYAN TYLER RODGERS DATED this 3rd day of June, 2004.

KIMBERLEY RODGERS (Signature of Applicant) June 11 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- LYNNETTE PAULINE DROVER of c/o 1A Patrick Street, Grand Falls-Windsor, A2B 1A9 in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from WESLEY ROY REGINALD SWEERS to WESLEY ROY REGINALD HIGGINS HOPE VICTORIA MARY SWEERS to HOPE VICTORIA MARY HIGGINS DATED this 1st day of June, 2004 LYNNETTE DROVER (Signature of Applicant) June 11 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ROBINANN EASTON of P.

O.

Box 103, Carmanvi lle, A0G 1N0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from NICHOLAS ALEX GILLINGHAM to NICHOLAS ALEX EASTON DATED this 1st day of June, 2004 ROBINANN EASTON (Signature of Applicant) June 11 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- DAVID BRADLEY ROBERTS of 16 Carlisle Drive, Paradise, A1L 1E9, in the Province of Newfoundland and Labrador, as follows: To change my name from DAVID BRADLEY ROBERTS to DAVID BRADLEY BUTT DATED this 1st day of June, 2004 DAVID ROBERTS (Signature of Applicant) June 11 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 79 ST. JOHN’S, FRIDAY, June 11, 2004 No. 24 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 45/04 NLR 46/04

The Newfoundland and Labrador Gazette June 11, 2004 229 NEWFOUNDLAND AND LABRADOR REGULATION 45/04 Carrier Safety Regulations (Amendment) under the Highway Traffic Act (Filed June 8, 2004) Under the authority of

section 197 of the Highway Traffic Act , I make the following regulations. Dated at St. John’s, June 8, 2004. Dianne Whalen Minister of Government Services REGULATIONS Analysis 1. Ss.2 to 19 R&S 2.

Definitions 3. Exemption 4. Registration 5. Duties and powers of registrar 6. Inspection 7. Carrier safety rating 8. Out of province carriers 9. Threshold 10. Threshold level 11. Safety rating 12. Compliance indicators 13. Driver reports 14. Records 15. Directions remain in force 16. Hearing 17. Fleet suspension 18. Variance 19. Profiles

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 230 1. Sections 2 to 19 of the Carrier Safety Regulations are re- pealed and the following substituted 2. In these regulations (a) "Act" means the Highway Traffic Act; (b) "active power unit" means a commercial vehicle that is reg- istered under

section 16 of the Act and not under suspension for more than one year, but does not include a trailer; (c) "carrier" means a person that owns, leases or is responsible for the operation of a commercial vehicle; (d) "Code" means the National Safety Code for Motor Carriers adopted by the Canadian Council of Motor Transport Ad- ministrators as amended from time to time; (e) "commercial vehicle" means (

i) a truck, tractor or trailer or any combination of them exceeding a registered gross vehicle weight of 4,500 kilograms, (ii) a bus, (iii) a school bus, (iv) a school purpose vehicle as defined in the Bus Regula- tions, or (

v) a disabled passenger vehicle as defined in the Official Inspection Station Regulations; (f) "compliance indicator" mean s the numerical value specified in these regulations for an inspection defect, accident or conviction; (g) "compliance review" means an inspection and administrative review of a carrier by the registrar, and inspector or other au- thorized person which may include verifying compliance with the record keeping requirements of these regulations, and random inspections of equipment or records, but does CNLR 1160/96 as amended

Definitions

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 231 not normally include the audit or cross record verification of records; (h) "driver" means a person who drives a commercial vehicle while in the employ of or on behalf of a carrier; (i) "equivalent offence" means an offence in another jurisdic- tion which is considered by the registrar to be substantially similar to an offence listed in the Schedule; (j) "facility audit" means a comprehensive inspection and ad- ministrative review of a carrie r, and includes the audit and cross record verification of records; (k) "fleet suspension" means th e temporary suspension of a car- rier's safety rating as it applie s to all or a portion of the car- rier's fleet of commercial vehi cles, notwithstanding that the carrier retains a safety rating other than unsatisfactory on that portion of the fleet not under suspension; (l) "long profile" means a comprehensive record of all activity of a carrier under these regulations; (m) "out-of-service" means the designation of a driver or a commercial vehicle as out-of-service by an inspector; (n) "principal place of business " means the street address of a carrier in the jurisdiction in wh ich the carrier has registered its commercial vehicles or at another location where a car- rier’s records or equipment are located; (o) "register", "registered" and registration", unless the context indicates otherwise, means registration under these regula- tions; (p) "registrar" means the registrar designated under

section 4 of the Act; (q) "safety rating" means the safety rating assigned to a carrier under

section 11; (r) "schedule" means the

schedule attached to these regulations;

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 232 (s) "short profile" means a

summary of a carrier's safety rating and other information prescribed by the registrar; (t) "threshold" means the numb er of compliance indicators as- signed to a carrier as its threshold under

section 9; (u) "threshold interval" means the period of time which begins at (

i) the date of registration of the carrier, (ii) the last threshold level increase, or (iii) the last one year annivers ary of an event referred to in subparagraph (

i) or (ii), up to and including the current date, whichever period of time is less; and (v) "threshold level" means the threshold level assigned to a carrier under

section 10. 3. The registrar may , in writing, exempt a carrier, a specified group of carriers or specified services from all or a part of these regula- tions. 4.

(1) A carrier shall not operate or allow the operation of a com- mercial vehicle under that carrier’s direction unless that carrier is regis- tered under these regulations.

(2) A carrier shall apply to the registrar to be registered as a carrier under these regulations.

(3) An application made under subsection (2) shall be in the form, and shall contain the information required by the registrar.

(4) A carrier shall not be registered under this Act unless that carrier is in compliance with the Act, these regulations and the Code.

(5) The registrar may refuse to re gister, register or register with conditions that he or she may establish, a carrier who applies for regis- tration under subsection (2). Exemption Registration

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 233

(6) The registrar shall issue a code number to a carrier registered under this section.

(7) A carrier shall not hold more than one registration, safety rating or code number.

(8) A carrier who fails to comply with subsection (1) or a re- quirement of the registrar under subs ection (3) is guilty of an offence and is liable on

summary conviction to a fine of not less than $200 and not more than $1,000 for each week or part of a week in which the of- fence continues.

(9) A carrier who contravenes the provisions of subsection (7) is guilty of an offence and on

summary conviction is liable to a fine of not less than $500 and not more than $2,000. 5.

(1) For the purpose of monitoring the safety performance of a carrier, the registrar shall maintain a record of the carrier with respect to its (

a) convictions, accidents, facility audits, compliance reviews, inspections and warnings; (

b) accumulated compliance indicators; (

c) threshold and threshold level; (

d) safety rating; (

e) Code number; and (

f) other information that the registrar considers necessary.

(2) A carrier shall, upon the written request of the registrar and within the time indicated by him or her, provide to the registrar the in- formation that he or she requires.

(3) The registrar may, at any tim e, require a carrier to undergo a facility audit or compliance review. 6.

(1) An inspector authorized to conduct a facility audit, compli- ance review or other inspection under the Act may, during normal business hours and upon presention of his or her identification as an Duties and powers of registrar Inspection

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 234 inspector, enter upon a place of bu siness of a carrier where it is rea- sonably necessary to determine comp liance with the Act, regulations made under the Act and the Code and may (

a) conduct a facility audit or compliance review and inspect, audit, review and examine books of account, records, finan- cial statements or other documents; and (

b) inspect equipment and commer cial vehicles of the carrier, and the person occupying or in char ge of that place shall answer the questions pertaining to those matters and shall produce for inspection and review the commercial vehicles equipment, books of account, re- cords, financial statements and other documents that the inspector or other authorized person may request.

(2) A carrier shall provide an in spector with all reasonable assis- tance and facilities necessary to the inspector for the performance of his or her duties.

(3) A carrier shall keep and maintain records required by these regulations in an orderly fashion so that they are readily accessible for inspection.

(4) For the purpose of determining the accuracy of a record re- quired to be kept under the Act, these regulations, or other regulations under the Act, an inspector may insp ect any record which relates or is relevant to verification of the accuracy of another record, including (

a) payroll records; (

b) warehouse or inventory records; and (

c) driver training manuals or transcripts of course content.

(5) For the purpose of an insp ection under these regulations, an inspector may remove a record from a carrier's place of business or make copies of a record, and shall pr ovide the carrier with a receipt of all those records which are removed.

(6) An inspector shall return a record removed from a carrier's place of business within 2 weeks from the date of removal of the re- cords, unless the record is required for a hearing in which case the in-

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 235 spector shall notify the carrier in wr iting, within 2 weeks from the date of removal, of the retention of records for a hearing.

(7) All information and records obtained during an inspection are confidential and will not be released to or discussed with a member of the public without the express written consent of the carrier, but all those records, copies of records and notes may be presented as evi- dence before the board or a court.

(8) A person who, through deliberate action or refusal to act, obstructs or hinders an inspector in the performance of his or her duties under these regulations is guilty of an offence and is liable on

summary conviction to a fine of not less than $500 and not more than $2,000.

(9) Notwithstanding another provision of these regulations, the registrar may assign a safety rating of unsatisfactory to a carrier which is convicted under subsection (8), and that assignment shall take effect immediately and will remain in effect until the time that the carrier de- livers all records requested by an insp ector or the registrar to a location specified by the registrar. 7. Where the registrar registers a carrier, with or without condi- tions, the registrar shall assign to that carrier (

a) a code number; (

b) a threshold in accordance with

section 9; (

c) a threshold level in accordance with

section 10; and (

d) a safety rating in accordance with

section 11. 8. A carrier whose principle place of business is outside the prov- ince may, upon registration in this province, be assigned a threshold, threshold level and a safety rating under sections 9, 10 and 11 commen- surate with those assigned by the ju risdiction of the carrier's principal place of business, where that jurisd iction has made assignments of car- rier safety ratings under legislati on which is similar to these regula- tions. 9.

(1) A threshold for a carrier shall be equal to Carrier safety rating Out of province carriers Threshold

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 236 (a) 3 times the number of activ e power units which are operated by that carrier, plus (b) 3, compliance indicators.

(2) Notwithstanding subsection (1), the minimum threshold for a carrier shall be 12 compliance indicators. 10.

(1) Where a carrier accumulates the number of compliance indi- cators in that carrier's threshold, duri ng that carrier's threshold interval, the registrar may increase the carrier's threshold level by one level to the next threshold level.

(2) Where the registrar increases a carrier's threshold level, the registrar (

a) shall notify that carrier of the change in threshold level; and (

b) may conduct a compliance review or facility audit.

(3) Notwithstanding subsection (6), where the registrar increases a carrier's threshold level, the registrar shall set the carrier's compliance indicators in its new threshold level to zero.

(4) Where (

a) a carrier with a safety rating other than unsatisfactory has an accumulation of compliance indicators less than the carrier's threshold during its threshold interval; and (

b) the threshold interval is a year, the registrar shall reduce the threshold level, if greater than zero, by one and the registrar shall notify the carrier of the change in threshold level.

(5) Where the registrar reduces a carrier's threshold level, the registrar shall set the carrier's comp liance indicators in its new thresh- old level at the number of compliance indicators that the carrier had accumulated in the higher threshold level. Threshold level

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 237

(6) Compliance indicators shall expire within one year of the date that the compliance indicators were accumulated. 11.

(1) The registrar may assign a carrier a safety rating of (

a) satisfactory - unaudited; (

b) satisfactory - audited; (

c) conditional; or (

d) unsatisfactory.

(2) The registrar may in his or her discretion assign a carrier a safety rating of unsatisfactory where (

a) a partner, principal shareholder or an officer of a carrier seeking registration is a person who is or has been a princi- pal of a carrier that has been placed under a fleet suspension or has been assigned a safety rating of unsatisfactory; (

b) a carrier is assigned a threshold level 4; or (

c) a carrier fails to produce r ecords required for a facility audit or fails to satisfactorily carry out a safety plan required as a result of a facility audit.

(3) Where the registrar has assigned a safety rating of unsatis- factory to a carrier and one or more vehicles in that carrier’s fleet are acquired, directly or indirectly, by another carrier having a partner, principal shareholder or officer who is also a partner, principal share- holder or officer of the carrier th at was assigned an unsatisfactory safety rating, the carrier which acquire d a vehicle or vehicles shall also be assigned a safety rating of unsatisfactory by the registrar.

(4) A person shall not operate, allow or cause to be operated a commercial vehicle upon a highway unless the carrier responsible for the operation of the commercial vehicl e is registered and has a safety rating of satisfactory - unaudited, satisfactory - audited or conditional.

(5) A carrier shall not have more than one safety rating. Safety rating

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 238

(6) A driver who contravenes the provisions of subsection (4) is guilty of an offence and on

summary conviction is liable to a fine of not less than $25 and not more than $100.

(7) A carrier who contravenes the provisions of subsection (3) is guilty of an offence and on

summary conviction is liable to a fine of not less than $500 and not more than $2,000. 12.

(1) The registrar shall assign to a carrier compliance indicators for offences listed in the

schedule to these regulations in accordance with that schedule.

(2) For the purposes of subsection (1), an equivalent offence shall be considered to be the offence listed in the

schedule which is substantially similar to that equivalent offence.

(3) A carrier shall accumulate 5 compliance indicators for each reportable accident involving a comm ercial vehicle operated by the carrier.

(4) A carrier shall accumulate compliance indicators for defects reported during an inspection of a driver employed by, or a commercial vehicle operated by, the carrier as follows: (

a) where more than one defect has been reported and no traffic ticket has been issued in relation to the inspection, one com- pliance indicator; (

b) where the vehicle or driver has been placed out-of-service and no traffic ticket has been issued, 3 compliance indica- tors; and (

c) where the vehicle or driver has been placed out-of-service and a traffic ticket has been issued in relation to the inspec- tion, one compliance indicator. 13.

(1) A driver shall report to the carrier with whom he or she is employed or for whom he or she is brokering the following information not more than 30 days after (

a) a conviction which that driver is given for an offence re- ferred to in the schedule; Compliance indica- tors Driver reports

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 239 (

b) a conviction which that driver is given for an equivalent of- fence; (

c) an accident involving a commercial vehicle which that driver is operating; (

d) an inspection is performed on the driver or a commercial vehicle which that driver is operating; or (

e) a warning or out-of-service notice is issued in relation to an inspection of the driver or a co mmercial vehicle the driver is operating.

(2) A person who contravenes a provision of this

section is guilty of an offence and upon

summary conviction is liable to a fine of not less than $25 and not more than $100. 14.

(1) A carrier shall keep and main tain at its own expense at its principal place of business the following records relating to every driver who is employed by or carrying out the business and activities required by that carrier and every commercial vehicle under the control of that carrier (

a) a copy of the driver abstr act issued by the registrar which was received by a carrier at the commencement of employ- ment of the driver and dated not earlier than 30 days prior to the date of commencement of employment of the driver; (

b) a copy of the driver abstract , issued by the registrar and ob- tained during the same month as the anniversary of the driver's birth, for each year the driver is in the employ of the carrier; (

c) a record of all accidents invo lving a driver while operating a commercial vehicle; (

d) copies of a record of driver training, driver improvement or control action taken by the carrier; (

e) a record of all items reported by a driver under

section 13; (

f) a copy of each driver's daily log, as required by

section 15 of the Highway Traffic Hours of Service Regulations , or where Records

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 240 a driver is exempt from maintaining a log book, a copy of the carrier's record of hours on duty for the driver; (

g) a copy of each trip inspection report as required by

section 7 of the Highway Traffic Trip Inspection Report Regulations ; and (

h) a copy of a record of repair made to a commercial vehicle correcting a defect noted in a trip inspection report referred to in paragraph (g).

(2) The records referred to in subsection (1) shall be retained for a period of 5 years, or as specified in the applicable regulations.

(3) Notwithstanding paragraphs (1)(

a) and (b), a carrier is not required to keep and maintain copi es of driver abstracts dated earlier than February 3, 1994.

(4) A carrier shall have in place (

a) a system which will alert the carrier that a driver abstract required by this

section is due; and (

b) a method of monitoring compliance with the Highway Traf- fic Hours of Service Regulations and the Highway Traffic Trip Inspection Report Regulations.

(5) A carrier shall retain a copy of the most recent vehicle in- spection certificate as obtained under the Official Inspection Station Regulations for a minimum period of one year.

(6) A person who contravenes this

section is guilty of an offence and is liable on

summary conviction to a fine of not less than $200 and not more than $1,000.

(7) For the purpose of determining an offence under this

section each violation for each record in relation to each driver is considered to be a separate offence 15. A direction of the registrar under these regulations remains in force until revoked by the registrar. Directions remain in force

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 241 16.

(1) Where, the registrar is of the opinion that a carrier is unable or unwilling to operate safely, he or she may conduct a hearing to in- vestigate the carrier's safety record.

(2) The registrar shall notify a carrier of the time and place of the hearing 7 or more days before the date of the hearing.

(3) A hearing may be heard by the registrar or by a person ap- pointed by the registrar.

(4) A hearing may take place whet her or not the carrier is pre- sent.

(5) A person conducting a hearing shall make those recommen- dations in writing to the registrar within 15 days of the hearing that he or she considers appropriate, including recommendations to (

a) require the carrier to initiate a safety plan, demonstrate spe- cific improvements or take specific measures to enhance the safety of its operations within a time and under those condi- tions that the person conduc ting a hearing considers appro- priate; (

b) vary the carrier's threshold, threshold level or safety rating; (

c) issue a fleet suspension wh ich will place a restriction on the number of commercial vehicles, or specify the vehicles, which may be operated by the carrier; and (

d) specify an expiry date for the fleet suspension which shall be not fewer than 30 days and shall not extend more than one year from the date of commencement of the suspension.

(6) A person conducting a hearing shall govern the procedure of the hearing.

(7) The registrar shall decide the action necessary to carry out the intent of the recommendations and shall notify the carrier of the recommendations and the action to be taken within 15 days of receipt of the recommendations. 17.

(1) Where the registrar issues a fleet suspension under subsec- tion 16(7), the registrar shall issue a certificate for each vehicle in the Hearing Fleet suspension

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 242 carrier's fleet which is permitted to be operated under the fleet suspen- sion.

(2) A person shall not operate, allow or cause to be operated a commercial vehicle upon a highway wh ere the carrier responsible for the operation of the commercial vehi cle is under a fleet suspension unless the driver has in his or her possession a copy of the certificate issued by the registrar under subsection (1) authorizing the operation of the commercial vehicle.

(3) A driver who contravenes the provisions of subsection (2) is guilty of an offence and on

summary conviction is liable to a fine of not less than $25 and not more than $100.

(4) A carrier who contravenes the provisions of subsection (2) is guilty of an offence and on

summary conviction is liable to a fine of not less than $500 and not more than $2,000. 18.

(1) A safety rating of unsatisfactory shall remain in force for not less than one year and not more than 5 years.

(2) Notwithstanding subsection (1), where a safety rating of unsatisfactory has been given to a ca rrier for more than one year, that carrier may, after that year, apply to the registrar for a variation of the safety rating.

(3) An application for variance referred to in subsection (2) shall contain (

a) a comprehensive analysis of the carrier's proposed opera- tions and a plan governing those operations; and (

b) other information as the registrar may require to assess an application.

(4) Within 30 days of receipt of the information referred to in subsection (3), the registrar shall make a determination respecting the application for variance and shall no tify the carrier of his or her deci- sion, including reasons in the event the application is refused.

(5) A carrier who is refused variance shall not reapply under this

section for a period of 6 months from the date of the decision made under subsection (4). Variance

Carrier Safety Regulations (Amendment) 45/04 The Newfoundland and Labrador Gazette June 11, 2004 243

(6) Where the registrar grants an application for variance he or she shall assign the carrier a safety rating of conditional and may attach those terms and conditions that he or she considers appropriate.

(7) Upon variance the registrar may establish the carrier's threshold level at a number that he or she considers appropriate. 19.

(1) The registrar shall provide a carrier's short profile to a per- son for a fee required by the registrar.

(2) The registrar shall provide to a carrier or a representative of a carrier that carrier's long profile for a fee required by the registrar. ©Earl G. Tucker, Queen's Printer Profiles

The Newfoundland and Labrador Gazette June 11, 2004 245 NEWFOUNDLAND AND LABRADOR REGULATION 46/04 Newfoundland and Labrador Chicken Marketing Scheme (Amendment) under the Natural Products Marketing Act (Filed June 8, 2004) Under the authority of

section 11 of the Natural Products Market- ing Act, I make the following Order. Dated at St. John’s, June 8, 2004. Edward J. Byrne Minister of Natural Resources ORDER Analysis 1. S.4 Amdt. Name and constitution of board 1.

(1) Section 4 of the Newfoundland and Labrador Chicken Marketing Scheme is amended by repealing subsection (6) and sub- stituting the following:

(6) The minister shall appo int the chairperson and vice- chairperson of the commodity board for a term which the minister may, in his or her discretion, determine. CNLR 1184/96 as amended

Newfoundland and Labrador Chicken Marketing Scheme (Amendment) 46/04 The Newfoundland and Labrador Gazette June 11, 2004 246

(2) Section 4 of the Scheme is amended by adding immedi- ately after subsection (8) the following:

(8.1) The chairperson and the vi ce-chairperson of the commodity board shall be the Newfoundland and Labrador representative and al- ternate, respectively, to the Chicken Farmers of Canada. ©Earl G. Tucker, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 247 Index

PART I Change of Name Act – Notices .................................................................................................. .................................................. 332 City of Mount Pearl Act – Notice ............................................................................................. .................................................. 295 City of St.

John’s Act – Notice .............................................................................................. ..................................................... 295 Corporation Act – Notices ..................................................................................................... ...................................................... 296 Mineral Act – Notice ......................................................................................................... ......................................................... 293 Urban and Rural Planning Act – Notices ........................................................................................ ............................................. 294

PART II CONTINUING INDEX OF SUBORDIANTE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Highway Traffic Act Carrier Safety Regulations NLR 45/ 04 Amends June 11/04, p.229 (Amdt) CNLR 1160/96 Ss. 2-19 R & S Natural Products Marketing Act Newfoundland and Labrador NLR 46/ 04 Amends June 11/04, p. 245 Chicken Marketing Scheme CNLR 1184/96, (Amdt) S. 4 Amdt.

THE NEWFOUNDLAND AND LABRADOR June 11, 2004 248 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.

Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($133.75). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should 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: www.gov.nl.ca/queensprinter Legislative History of the Judicature Act, 1791-1988 Price $25.00 plus G.S.T. (Plus $2.00 postage and handling) Place you 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 Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.

STATUTES OF NEWFOUNDLAND AND LABRADOR 2004 First Session, 45th General Assembly 53 Elizabeth II, 2004 Bill Act

Chapter 2 Interim Supply Act, 2004 1 (ASSENTED TO MARCH 25, 2004) 12 Supplementary Supply Act, 2003-2004 2 * 1 Student Financial Assistance (Amendment) Act 3 (ASSENTED TO MARCH 29, 2004) 18 Public Services Resumption and Continua- tion Act P-44.1 (ASSENTED TO MAY 4, 2004) 3 Main Supply, 2004 4 28 Supplementary Supply Act, 2002-2003 5 29 Supplementary Supply Act, 2003-2004 No. 2 6 14 Loan and Guarantee (Amendment) Act, 1957 7 15 Local Authority Guarantee (Amendment) Act, 1957 8 6 Fire Prevention (Amendment) Act, 1991 9 8 Municipal Affairs (Amendment) Act 10 5 Emergency Measures (Amendment) Act 11 16 Financial Administration (Amendment) Act 12

2 Bill Act

Chapter 9 Optometry Act, 2004 (To be proclaimed) O-7.01 17 Centre for Health Information Act (To be proclaimed) C-5.1 11 Survival of Actions (Amendment) Act 13 4 Corporations (Amendment) Act 14 10 Services Charges (Amendment) Act (To be proclaimed) 15 7 Income Tax (Amendment) Act, 2000 16 22 Mineral (Amendment) Act (Ss.2 & 6 to be proclaimed) 17 21 Highway Traffic (Amendment) Act 18 20 Income Tax (Amendment) Act, 2000 No. 2 19 23 Memorial University Pensions (Amendment) Act 20 24 Provincial Court Judges' Pension Plan Act P-29.1 13 Tobacco Tax (Amendment) Act 21 19 Loan Act, 2004 22 25 Professional Fish Harvesters (Amendment) Act 23 27 Provincial Offences (Amendment) Act 24 31 Schools (Amendment) Act, 1997 25 * 26 Fishing Industry Collective Bargaining (Amendment) Act 26

3 Bill Act

Chapter 30 Automobile Insurance (Amendment) Act, the Insurance Companies (Amendment) Act and the Highway Traffic (Amendment) Act (To be proclaimed) 27 32 Petroleum Products (Amendment) Act 28 (ASSENTED TO JUNE 8, 2004) * Bills amended in Committee of the Whole House. In researching the law readers should note that the following Statutes of Newfoundland and Labrador, 2004 include amendments to other Statutes as listed below:

Chapter C-5.1 Centre for Health Information Act - (To Be Proclaimed) Cancer Treatment and Research Foundation Act Health and Community Services Act Hospitals Act Medical Care Insurance Act, 1999 Vital Statistics Act

Chapter O-7.01 Optometry Act, 2004 - (To Be Proclaimed) Pharmaceutical Association Act, 1994 Optometry Act (Repealed)

Chapter 28 Petroleum Products (Amendment) Act Petroleum Products Regulations Petroleum Products Assessment Regulations, 2003 (Repealed)

Chapter P-29.1 Provincial Court Judges' Pension Plan Act Pensions Funding Act Public Service Pensions Act, 1991 This list was prepared by the Office of the Legislative Counsel. Questions or omissions should be brought to the attention of that Office.

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2004-06-11
Type	gazette
Volume / chapter	printer gazette weekly issues 2004 2004 06 11
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b2632693e0b9b67a5c125c7c241182e599da2169

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