Newfoundland and Labrador Gazette, Part II — 25 July 2003, Vol. 78, No. 30 — Urban and Rural Planning Act Notice of Registration; Lands Act Notice

NLG 2003-07-25

Newfoundland and Labrador — Gazette

347 NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2003 as enacted up to May 15, 2003. THE NEWFOUNDLAND AND LABRADOR GAZETTE THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 78 ST. JOHN'S, FRIDAY, JULY 25, 2003 No. 30 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF PORTUGAL COVE/ST. PHILIPS DEVELOPMENT REGULATIONS AMENDMENT NOS. 9 and 10, 2003 Take notice that the Town of Portugal Cove/St. Philips Development Regulations Amendment Nos. 9 and 10, 2003 adopted on May 12th. and approved on the 30 th day of June, 2003, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of the Development Regulations Amendment No. 9, 2003, is to re-zone a portion of Development Scheme Area 9 to Residential Medium Density. The purpose of the amendment is to allow for a eight (8) lot residential subdivision to be located west of Tolt Road. Development regulations Amendment No. 10, 2003 will re- zone a portion of Development Scheme Area 12 to Rural Residential. The purpose of the amendment is to allow for a fifteen (15) lot residential subdivision to be located west of Dogberry Hill Road. The Town of Portugal Cove/St.

Philips Development Regulations Amendment Nos. 9 and 10, 2003, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Town of Portugal Cove/St. Philips Development Regulations Amendment Nos. 9 and 10, 2003, may do so at the Town Office, Portugal Cove/St. Philips during normal working hours. TOWN OF PORTUGAL COVE/ST. PHILIPS Town Clerk July 25 NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NUMBER 144, 2002 & ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 257, 2002 Take notice that the St.

John’ s Municipal Plan Amendment Number 144, 2002, and the St. John’s Development Regulations Amendment Number 257, 2003 adopted on the 16 th day of December, 2003 and approved on the 2 nd day of July, 2003 have been registered by the Minister of Municipal and Provincial Affairs. In general terns, the purpose of St. John’s Municipal Plan Amendment Number 144, 2002 is to accurately show the extent of the Harbour View Wetland. In general terms, the purpose of St. John’s Development Regulations Amendment Number 257, 2002 is to accurately show the extent of the Harbour View Wetland. The St.

John’s Municipal Plan Amendment Number 144, 2002 and the St. John’s Development Regulations Amendment Number 257, 2002 come into effect on the day

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 25, 2003 348 that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendments may do so at the Engineering and Planning Department 3 rd Floor, St. John’s City Hall, during normal business hours. CITY OF ST.

JOHN’S Engineering and Planning Dept July 25 NOTICE OF REGISTRATION TOWN OF UPPER ISLAND COVE DEVELOPMENT REGULATIONS AMENDMENT NO. 7, 2003 Take notice that the Town of Upper Island Cove Development Regulations Amendment No. 7, 2003 adopted on the 27 th day of June, 2003, has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpose of the Development Regulations Amendment No. 7, 2003, is to permit development in the older areas of the Town that will be consistent with the existing pattern of development in the Residential I, Residential II and Mixed Development Zones.

The Town of Upper Island Cove Development Regulations Amendment No. 7, 2003, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Town of Upper Island Cove Development Regulations Amendment No.7, 2003, may do so at the Town Office, Upper Island Cove during normal working hours, Monday through Friday, 8:00 am - 12:00 noon and 1:00 pm-5:00 pm. TOWN OF UPPER ISLAND COVE Town Clerk July 25 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that the Harbour Authority of Wild Cove, Newfoundland and Labrador intends to apply to the Department of Govern ment Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) of the said Act, all that piece or parcel of Crown Land situated within fifteen metres of the waters of the Harbour of Wild Cove, in the Electoral District of Baie Verte-Whitebay, Newfoundland and Labrador, for the purpose of a small boat slipway and being more particularly described as follows: Bounded on the North by Stanley Pardy for a distance of 25 m; Bounded on the East by a Public Road for a distance of 32 m; Bounded on the South by a Brook for a distance of 25 m; Bounded on the West by Harbour Waters for a distance of 32 m; and containing an area of approximately 800 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 noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL., A1V 2N9. For further information regarding the proposed application, please contact Lyndon Small, Telephone (709) 329-3286. July 25 QUIETING OF TITLES ACT 2003 01T 2949 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF the Quieting of Titles Act,

Chapter Q- 3, of the Revised Statutes of Newfoundland and Labrador, 1990; AND IN THE MATTER OF the Application of Patrick C. Dinn, formerly of Goulds, St. John’s, in the Province of Newfoundland and Labrador, and now residing in the Province of Ontario, AND IN THE MATTER OF all that piece or parcel of land situate and being near the western side of the Main Road at Goulds, in the City of St. John’s, in the Province of Newfoundland and Labrador. NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN to all parties that Patrick C. Dinn, formerly of Goulds, St. John’s, in the Province of Newfoundland and Labrador and now residing in

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 25, 2003 349 the Province of Ontario, has applied to the Supreme Court of Newfoundland and Labrador, Trial Division, to have the title to the land situate near the western side of the Main Road at Goulds, in the City of St. John’s, in the Province of Newfoundland and Labrador, a nd being more particularly described as Parcel D hereto annexed, of which the said Patrick C. Dinn claims to be the owner, investigated and for a declaration that the said Patrick C. Dinn is the absolute owner in fee simple in possession of the said land and that Patrick C.

Dinn has been ordered to publish Notice of the Application as required by the above-named Act.

All persons having title adverse to the title claimed by Patrick C Dinn shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division, particulars of such adverse claim and shall serve together with an Affidavit verifying same on the undersigned solicitors for the Applicant on or before the 19 th day of August, 2003, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be investigated then in such manner as the said Court may direct. DATED at Mount Pearl, in the Province of Newfoundland and Labrador, this 15 th day of July, 2003. HEYWOOD, KENNEDY, BELBIN Solicitors for the Applicant PER: Glen S. Belbin ADDRESS FOR SERVICE: 184 Park Avenue P. O . Box 250 Mount Pearl, NL A1N 2C3 July 25 PARCEL D All that piece or parcel of land situate and being near the western side of the Main Road at Goulds in the City of St.

John’s, Newfoundland and Labr ador, Canada and being abutted as follows, that is to say; BEGINNING at a point, said point having NAD83 coordinates of North 5 257 650.899 metres and East 321 596.527 metres with reference to Crown Land Monument No. 026 577 having coordinates of North 5 258 353.253 metres and East 322 026.731 metres and Crown Land Monument No. 026 586 having coordina tes of North 5 255 259.246 metres and East 322 184.366 metres of the Modified Three Degree Transverse Mercator Projection for Newfoundland having a central meridian of 53 degree west longitude; THENCE running along by land belonging to the Roman Catholic Episcopal Corporation surveyed by Winston Harris, NLS dated September 1987 South eighty-five degrees fifty- two minutes fifty-eight seconds East, fifty-one decimal five two four metres; AND THENCE running South eighty-seven degrees zero three minutes fifty-eight seconds East, fifty-one decimal three one four metres; AND THENCE running South eighty-five degrees thirty- eight minutes fifty-eight sec onds East, sixty decimal six seven three metres; AND THENCE running South eighty-six degrees thirty-four minutes fifty-four seconds East, eighty decimal zero five three metres; AND THENCE running South eighty-six degrees thirty-four minutes fifty-four seconds East, eighty decimal zero five three metres; THENCE running along by land now belonging to Wayne and Sharon Dinn surveyed by Patrick Holden dated June 1999 South one degree sixteen mi nutes fifty seconds West, twenty-eight decimal four eight six metres; THENCE running along by land bel onging to 10865 Newfoundland Limited surveyed by Craig Nightingale, NLS, Parcel B, dated September 14, 1999 North eighty-six degrees twenty-seven minutes thirty-four seconds West, eighteen decimal two seven seven metres; AND THENCE running North eighty-six degrees nineteen minutes thirty-eight seconds West, two hundred twenty-eight decimal five eight four metres; THENCE running along by land belonging to 10865 Newfoundland Limited surveyed by Craig Nightingale, NLS, Parcel A dated September 14, 1999 North seven degrees fifty-four minutes twenty-four seconds East, twenty-eight decimal six eight one metres, more or less, to the point of beginning.

The above described parcel of land has an area of 0.697 hectares, more or less, and is shown more fully delineated on the adjoining plan as Parcel D, however SUBJECT TO, a right-of way 4.27 metres wide for the use of Dinn, Stone and Madden and their assigns a nd heirs shown more fully delineated on the adjoining pl an. All the bearings are referred to Grid North of the above mentioned projection. All distances are grid distances using a scale factor of 0.999889.

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 25, 2003 350

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 25, 2003 351 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:- RODNEY FRANCIS WATTS of 65A Parkhill Street, St. John’s, A1E 6B2, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from RODNEY ANDREW BOUZANE to RODNEY ANDREW WATTS DATED this 1st day of July, 2003.

RODNEY FRANCIS WATTS (Signature of Applicant) July 25 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:- TERRANCE MICHEAL JESSO of P. O. Box 15, Site 2, RR # 3, Port au Port, A0N 1T0, in the Province of Newfoundland and Labrador, as follows: To change my name from TERRANCE MICHEAL JESSO to TERRANCE MICHEL JESSEAU DATED this 9th day of July, 2003.

TERRANCE JESSO (Signature of Applicant) July 25 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:- JACKI MARIA NORTHCOTT of 25 Gillams Road, Corner Brook, A2H 6Z5, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from JULIA MARCELLE PARSONS to JULIA MARCELLE NORTHCOTT-PARSONS OLIVIA MADISON PARSONS to OLIVIA MADISON NORTHCOTT-PARSONS DATED this 11th day of July, 2003. J.

NORTHCOTT (Signature of Applicant) July 25 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:- MICHELLE MARY LEWIS of 23 Gilbert Street, Grand Falls-Windsor, A2A 1G4, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JORDAN MICHAEL GERALD O’HALLIGAN to JORDAN MICHAEL GERALD LEWIS DATED this 1st day of June, 2003. MICHELLE M. LEWIS (Signature of Applicant) July 25

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 25, 2003 352 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:- HEATHER GORDON of 14 Fox Avenue, St. John’s, A1B 2H6, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from REBEKAH JEAN HEATHER HYNES to REBEKAH JEAN HEATHER GORDON DATED this 18th day of July, 2003.

HEATHER GORDON (Signature of Applicant) July 25 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:- APRIL VERLENE GOSSE of Box 449, Bay Roberts, A0A 1G0, in the Province of Newfoundland and Labrador, as follows: To change my name from APRIL VERLENE GOSSE to APRIL VERLENE NOSEWORTHY DATED this 17th day of July, 2003.

APRIL VERLENE GOSSE (Signature of Applicant) July 25 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:- EUGENE LANGOR of Box 81, Heart’s Desire, A0B 2B0, in the Province of Newfoundland and Labrador, as follows: To change my name from EUGENE LANGOR to EUGENE LANGER DATED this 16th day of July, 2003.

EUGENE LANGOR (Signature of Applicant) July 25 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:- PRISCILLA DELANEY of East No. 1, Bell Island, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from MEGAN LISA YOUNG to MEGAN LISA DELANEY DATED this 12th day of July, 2003. PRISCILLA DELANEY (Signature of Applicant) July 25

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 78 ST. JOHN'S, FRIDAY, JULY 25, 2003 No. 30 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 72/03 NLR 73/03 NLR 74/03

735 NEWFOUNDLAND AND LABRADOR REGULATION 72/03 Proclamation bringing the Act into force under the Highway Traffic (Amendment) Act (o.c. 2003-357) (Filed July 18, 2003) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Ot her Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. MARGARET A. CAMERON JOHN CUMMINGS A d m i n i s t r a t o r D e p u t y M i n i s t e r o f J u s t i c e TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 8 of the Highway Traffic (Amendment) Act S.N. L 2002, c. 11, (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed it expedient that the Act shall now come into force. NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that the Highway Traffic (Amendment) Act , S.N.L 2002, c 11, shall come into force on August 1, 2003. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed.

736The Newfoundland and Labrador Gazette July 25, 2003 WITNESS: Our trusty and well-beloved the Honourable Margaret A. Cameron, Administrator in and for Our Province of Newfoundland and Labrador. AT St. John's this 16 th day of July, in the year of Our Lord two thousand and three in the fifty-second year of Our Reign. BY COMMAND, OLIVER LANGDON Registrar General

The Newfoundland and Labrador Gazette July 25, 2003 737 NEWFOUNDLAND AND LABRADOR REGULATION 73/03 Vehicle Seizure and Impoundment Regulations under the Highway Traffic Act (O.C. 2003-358) (Filed July 18, 2003) Under the authority of

section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 11, 2003. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Seizure and impoundment 4. Delay of seizure 5. Stolen vehicles 6. Personal property 7. Duties of police officer 8. Storage and lien 9. Disposal of motor vehicle 10. Application for early release by owner 11. Decision of registrar 12. Release of vehicle on expiry of impoundment 13. Report of garage operator 14. Owner's right against driver 15. Offence 16. Fees and forms 17. Commencement

Vehicle Seizure and Impoundment Regulations 73/03 The Newfoundland and Labrador Gazette July 25, 2003 738 1. These regulations may be cited as the Vehicle Seizure and Im- poundment Regulations. 2. In these regulations, (a) "Act" means the Highway Traffic Act; and (b) "garage operator" means a person who takes and stores a vehicle seized and impounded under these regulations; 3.

(1) Subject to

section 4, a peace officer shall seize a motor vehi- cle and impound it where the officer has reason to believe that a person who was operating the vehicle contravened subsection 73(2) of the Highway Traffic Act (driving while disqualified or prohibited).

(2) A motor vehicle impounded under this regulation shall be held for a period of 30 days from the date of seizure, after which period the vehicle may be released in accordance with

section 12. 4.

(1) Where a peace officer is satis fied that the seizure and im- poundment of a motor vehicle under

section 3 would jeopardize the safety of, or cause undue hardship to, a person, or is, in the opinion of the officer, not practicable in the circumstances the peace officer may delay taking custody of the moto r vehicle, in which case the peace officer may permit the motor vehicle to be driven to a location speci- fied by the peace officer.

(2) Where under subsection (1) a peace officer permits a motor vehicle to be driven to a specified location and the vehicle is not im- pounded at that location, a peace of ficer may make application to a justice for an order to seize th e vehicle and impound it in accordance with these regulations. 5. If, at any time before a review/hearing is conducted under these regulations, a peace officer is satisfi ed that a motor vehicle seized un- der

section 3 had been stolen, the officer may, subject to the approval of the registrar, release the vehicle to the owner, or a person authorized by the owner to take possession of it. 6. Personal property in a motor vehicle that has been impounded under these regulations, other than personal property attached to or used in connection with the opera tion of the motor vehicle, shall be returned to the owner of the property on request.

Short title

Definitions Seizure and im- poundment Delay of seizure Stolen vehicles Personal property

Vehicle Seizure and Impoundment Regulations 73/03 The Newfoundland and Labrador Gazette July 25, 2003 739 7.

(1) Where a motor vehicle has b een seized and impounded, the peace officer shall (

a) complete a notice of impoundment; (

b) give the driver a copy of the notice; (

c) if the driver is not, or does not appear to be, the owner of the motor vehicle, request that the driver disclose the name and address of the owner; (

d) give a copy of the notice to th e owner, if the owner is pres- ent at the time of the seizure, or, if the owner is not present, without delay mail a copy to the owner (

i) at the owner's last known address as recorded in the registrar's records of motor vehicle registrations, or (ii) if the owner's address is not recorded in the registrar's records, at the address indi cated by the driver in re- sponse to the peace officer's request under clause (b); (

e) mail a copy of the notice to the registrar; (

f) cause a copy of the notice to be given to the garage operator who stores the motor vehicle; and (

g) retain a copy of the notice.

(2) The notice of impoundment shall be in the form set by the registrar and shall contain (

a) a statement of the right to apply to the registrar for the re- lease of the motor vehicle under

section 10 of these regula- tions and instructions on applying for a review; and (

b) a statement that the motor ve hicle may be disposed of under

section 9 of these regulations if the owner of the motor vehi- cle does not pay the costs referred to in

section 8. 8.

(1) A motor vehicle that is sei zed and impounded under

section 3 shall be stored with the garage op erator that the peace officer directs Duties of police officer Storage and lien

Vehicle Seizure and Impoundment Regulations 73/03 The Newfoundland and Labrador Gazette July 25, 2003 740 and a peace officer may later direct that the motor vehicle be moved to a different garage operator for impoundment.

(2) The garage operator has a lien on the motor vehicle for the following amounts (

a) all costs and charges for the transportation, towing, care and storage respecting the seizure and impoundment of the mo- tor vehicle; and (

b) expenditures for searches and registrations under the Per- sonal Property Security Act and Judgment Enforcement Act that are reasonably necessary to fulfil the obligations of the person who took custody of the impounded motor vehicle.

(3) A lien under this

section and a garage operator's right to hold the vehicle has priority over and is not subject to a lien or other charge or encumbrance upon or in respect of the motor vehicle existing at the time of seizure.

(4) A motor vehicle that is subject to a lien under this

section shall remain impounded until (

a) the lien is paid; or (

b) the vehicle is disposed of under

section 9.

(5) Notwithstanding subsection (4), a garage operator may sur- render possession of the motor vehicle to the owner without losing the lien if he registers a financing statement relating to that interest under the Personal Property Security Act within 15 days of the surrender. 9.

(1) Where a motor vehicle remains impounded for 30 days or more after the expiration of the impoundment period, the garage op- erator who stored the motor vehicle during the impoundment may en- force the lien under

section 8 by selling the motor vehicle by public auction in the manner set out in

section 5 of the Warehouser’s Lien Act, as if the garage operator was a warehouser and the motor vehicle was goods within the meaning of that Act.

(2) Where a motor vehicle is sold under subsection (1), the ga- rage operator shall satisfy the lien under

section 8 and deliver the sur- Disposal of motor vehicle

Vehicle Seizure and Impoundment Regulations 73/03 The Newfoundland and Labrador Gazette July 25, 2003 741 plus to the registrar with a stat ement of account showing how the sur- plus was calculated.

(3) The registrar shall apply an y surplus received under subsec- tion (2) towards any amounts that the registrar may require to be paid under

section 16.1 of the Act and any remaining amount to the owner of the vehicle with a statement showing how the remaining amount was calculated.

(4) Notwithstanding subsection (1), a garage operator may, with the approval of the registrar, disp ose of the impounded vehicle referred to in subsection (1) by sale or otherwise, if the garage operator (

a) surrenders the licence plate from the motor vehicle to the registrar; and (

b) files with the Registrar (

i) a statutory declaration in the form set by the registrar declaring that (

A) the amount of the garage operator's lien on the mo- tor vehicle exceeds the garage operator's estimate of the value of the motor vehicle, and (

B) the garage operator, at least 14 days before making the statutory declaration, sent by registered or certi- fied mail to the registered owner of the motor vehi- cle, a notice that the garage operator intends to dis- pose of the motor vehicle if the lien is not paid, and (ii) a certificate showing that no security interest is regis- tered against the motor vehicle under the Personal Property Security Act or the Judgment Enforcement Act.

(5) Where the registrar approves the disposal of a motor vehicle under subsection (3), the registrar sh all transfer the registration of the motor vehicle from the owner of the motor vehicle to the garage op- erator. 10.

(1) Where the owner of a motor vehicle impounded under these regulations was not the driver or person who had care or control at the time the vehicle was seized, the owner may before the expiry of the Application for early release by owner

Vehicle Seizure and Impoundment Regulations 73/03 The Newfoundland and Labrador Gazette July 25, 2003 742 period of impoundment apply to the registrar for the release of the ve- hicle on the grounds that (

a) the driver was not disqualified from driving under subsec- tion 73(2) of the Act at the time of the seizure; (

b) the driver was in possession of the motor vehicle without the knowledge or consent of the owner; (

c) the owner could not reasonably be expected to have known that the driver was disqualified from driving under subsec- tion 73(2) of the Act; or (

d) the continued impoundment of the motor vehicle will (

i) cause the owner to suffer a loss or curtailment of em- ployment or educational opportunities; or (ii) prevent the owner, or someone under the care of the owner, from obtaining medical treatment.

(2) Where the owner of a motor vehicle impounded under these regulations was the driver or person who had care and control at the time the vehicle was seized, he or she may before the expiry of the period of impoundment apply to the registrar for the release of the ve- hicle on the grounds that he or she (

a) was not disqualified from driving under subsection 73(2) of the Act at the time of the seizure; or (

b) could not reasonably be expected to have known that he or she was disqualified from driving under subsection 73(2) of the Act.

(3) The application for release shall be in the form set by the registrar and be accompanied by the fee set by the minister.

(4) The applicant may attach to the application sworn statements or other evidence that the applicant wishes the registrar to consider.

(5) The applicant shall provide the registrar with information related to the application that the registrar may require.

Vehicle Seizure and Impoundment Regulations 73/03 The Newfoundland and Labrador Gazette July 25, 2003 743

(6) Where an application is made under subsections (1) or (2), the registrar shall consider the report of the peace officer respecting the seizure of the motor vehicle and may consider (

a) the driving record maintained by the registrar of (

i) the person named as the driver of the motor vehicle in the report of the peace officer, (ii) the person named as the driver of the motor vehicle in the application for release by the owner, if that person is not the person referred to in subparagraph (i), or (iii) the applicant; and (

b) records maintained by the registrar respecting a previous seizure and impoundment under these regulations of a motor vehicle registered in the name of, or owned by, the applicant.

(7) The registrar is not required to hold an oral hearing in re- spect of an application under this

section unless the applicant (

a) requests an oral hearing when the application is made; and (

b) pays the oral hearing fee set by the minister.

(8) Where an applicant requests an oral hearing and fails to appear, without giving prior notice, on the date and at the time and place set by the registrar, the applican t's right to an oral hearing is con- sidered to have been waived. 11.

(1) Where, after considering an application for release under

section 10 the registrar is satisfied that the motor vehicle should not have been seized or impounded for the reasons set out in paragraph 10(1)(

a) or 10(2)(a), the registrar shall (

a) revoke the seizure and impoundment; (

b) direct that the garage operat or with custody of the motor vehicle release the motor vehicle to the owner or a person authorized by the owner; (

c) refund the application fee; and Decision of registrar

Vehicle Seizure and Impoundment Regulations 73/03 The Newfoundland and Labrador Gazette July 25, 2003 744 (

d) indemnify the owner of the motor vehicle for the amount paid by the owner to satisfy the lien described in

section 8.

(2) Where, after considering an application for release under

section 10 the registrar is satisfied that the motor vehicle should be released before the period of im poundment expires for the reason set out in paragraph 10(1)(b), (c), (

d) or 10(2)(b), the registrar shall (

a) direct that the garage operat or with custody of the motor vehicle release the motor vehicle to the owner or a person authorized by the owner; and (

b) where the reason for releasing the motor vehicle is set out in paragraphs 10(1)(b), (

c) or 10(2)(b), refund the application fee.

(3) The registrar shall provide his or her decision on an applica- tion in writing to the applicant within 7 days of the date the application was considered or oral hearing held. 12. Subject to

section 8, the registrar shall direct that an impounded motor vehicle be released to the owner or a person authorized by the owner after the period of impoundment expires. 13. Where a garage operator has in a month stored or disposed of a motor vehicle impounded under these regulations, the garage operator shall, on or before the 7th day of the following month make a report to the registrar in the form set by the registrar. 14.

(1) The owner of a motor vehicle impounded under these regu- lations may recover from the person who was the driver at the time the motor vehicle was seized, as a debt in a court of competent jurisdiction, the amount the owner paid to have the vehicle released, including amounts required to release the lien described in

section 8 and any fees paid to the registrar.

(2) Notwithstanding subsection (1), the owner may not recover from the driver any amount that the owner was required to pay the registrar in respect of fines or penalties not related to the seizure and impoundment of the motor vehicle under these regulations. 15. A person who removes or releases, or permits the removal or release of, an impounded motor vehicle from the place of impoundment Release of vehicle on expiry of im- poundment Report of garage operator Owner's right against driver Offence

Vehicle Seizure and Impoundment Regulations 73/03 The Newfoundland and Labrador Gazette July 25, 2003 745 except in accordance with these regulations, is guilty of an offence and is liable on

summary conviction to a fine of not more than $5,000. 16. The minister may set fees and the registrar may set forms re- quired for the administration of these regulations. 17. These regulations come into force on the day on which

An Act to Amend the Highway Traffic Act , SNL2002 c11, comes into force. ©Earl G. Tucker, Queen's Printer Fees and forms Commencement

The Newfoundland and Labrador Gazette July 25, 2003 747 NEWFOUNDLAND AND LABRADOR REGULATION 74/03 Highway Traffic Driver Regulations, 1999 (Amendment) under the Highway Traffic Act (O.C. 2003-359) (Filed July 18, 2003) Under the authority of sections 55.1 and 186 of the Highway Traffic Act , the Minister of Government Services and Lands and the Lieutenant-Governor in Council make the following regulations. Dated at St. John’s, July 11, 2003. George Sweeney Minister of Government Services and Lands Tim Murphy Deputy Clerk of the Executive Council REGULATIONS Analysis 1.

PART I Heading Added

INTERPRETATION 2. S.2 Amdt.

Interpretation 3.

Part II Heading Added DRIVER LICENSING

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 748 4.

Part III Heading Added DRIVER EDUCATION AND UPGRADING 5.

PART IV Added

PART IV IGNITION INTERLOCK PROGRAM 26.1 Ignition interlock application 26.2 Extension of ignition interlock restriction 26.3 Installation 26.4 Costs 26.5 Duties of licence holder 26.6 Registrar's Advisory Committee 26.7 Inspection 26.8 Offence 6.

Part V Heading Added GENERAL 7. S.27 R&S Evidence of program com- pletion 8. Ss.29&30 Rep. 29. Transitional learner 30. Transitional novice driver, age 17 9. Sch A R&S 10. Commencement 1. The Highway Traffic Driver Regulations, 1999 are amended by adding immediately after

section 1 the following:

PART I

INTERPRETATION 2. (1) Subsection 2(1) of the regulations is amended by adding immediately after paragraph (

e) the following: (e.1) "authorized installer" means a person authorized by the reg- istrar under

section 26.3 to install, maintain and remove ig- nition interlock devices; (2) Subsection 2(1) of the regulations is amended by adding immediately after paragraph (

f) the following: (f.1) "ignition interlock device" means a device approved by the registrar that is designed to as certain the presence of alcohol in a driver’s body and to prev ent a motor vehicle from being started if the concentration of alcohol in the driver’s body exceeds 20 milligrams of alcohol in 100 millilitres of blood; (f.2) "ignition interlock restriction" means a restriction on a per- son's driver's licence that they may only operate a motor ve- hicle that is equipped with an ignition interlock device; 3. The regulations are amended by adding immediately after

section 2 the following: NLR 110/98

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 749

PART II DRIVER LICENSING 4. The regulations are amended by adding immediately after

section 22 the following:

PART III DRIVER EDUCATION AND UPGRADING 5. The regulations are amended by adding immediately after

section 26 the following:

PART IV IGNITION INTERLOCK PROGRAM 26.1

(1) A person whose driver's li cence or driving privileges are suspended under subsection 65(1) of the Act may apply to the registrar during the suspension period for reinstatement of his or her driver's licence or driving privileges with an ignition interlock restriction where he or she is (

a) no longer subject to a prohibition under

section 259 of the Criminal Code from operating a motor vehicle; or (

b) authorized by the court under

section 259 of the Criminal Code to operate a motor vehicle with ignition interlock dur- ing the court ordered prohibition period.

(2) An application under subsection (1) shall be made in the form set by the registrar which shall include a notification to applicants that participation in the ignition interlock program could result in the ignition interlock restriction continuing beyond the period of suspen- sion of their driver’s licence.

(3) The application shall be acco mpanied by the application fee set by the minister.

(4) The registrar may issue to an applicant a driver's licence with an ignition interlock restriction where the applicant (

a) is not otherwise prohibited or disqualified from driving un- der another provision of the Act or a law of another jurisdic- tion; Ignition interlock application

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 750 (

b) has complied with the requirements in subsection 27(2) of these regulations; (

c) has paid the reinstatement fee set by the minister; and (

d) has provided proof of payment of all outstanding fines or late payment penalties that the registrar may require to be paid under

section 16.1 of the Act.

(5) Where the registrar decides to accept an application under this

section the registrar shall (

a) approve the applicant for installation and use of an ignition interlock device; and (

b) issue a driver’s licence with a restriction that the holder may only operate a motor vehicle that is equipped with an igni- tion interlock device.

(6) The restriction on a licence issued under this

section shall remain in place until the expiry of th e suspension period under

section 65 of the Act and the court ordered prohibition period.

(7) Where the restriction on a licence issued under this

section lapses, the registrar shall authorize the removal of an ignition interlock device installed by the licence holder. 26.2

(1) Notwithstanding subsection 26.1(6), the registrar may upon review of a person's driving record and the records submitted under

section 26.3 in relation to the operation of ignition interlock devices installed by that person, extend the restriction on the person's driver's licence under subsection 26.1(5) beyo nd the expiry of the suspension period under

section 65 of the Ac t and the court ordered prohibition period.

(2) Where the registrar intends to extend a person's ignition interlock restriction under subsection (1), the registrar shall give the person notice in writing 90 days prior to the later of the expiry of the suspension period under

section 65 of the Act and the court ordered prohibition period, (

a) that the registrar intends to extend the ignition interlock restriction on the person's driver's licence beyond the expiry Extension of igni- tion interlock restriction

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 751 of the suspension period under

section 65 of the Act and the court ordered prohibition period for the reasons specified in the notice; and (

b) that the person has 15 days, if he or she wishes to object to the extension, to respond in writing to the registrar setting out his or her reasons for objecting to the extension or to re- quest an opportunity to appear before the registrar to object in person.

(3) Where the registrar receives a response described in para- graph (2)(b), the registrar shall (

a) review the reasons given in the response for the person's objection to the extension and may request that the person appear in person in the manner described in paragraph (b); or (

b) where the person requests an opportunity to appear before the registrar, advise the person in writing of the time, date and place at which the person may appear.

(4) After considering the reasons for the person's objection to the extension or where the person does not object, the registrar shall decide whether to extend their ignition interlock restriction and notify the person in writing of the decision at least 45 days prior to the later of the expiry of the suspension period under

section 65 of the Act and the court ordered prohibition period.

(5) Notwithstanding subsections (2) to (4), where the registrar becomes aware of information justifying an extension of a person's ignition interlock restriction within 90 days of the expiry of their sus- pension period under

section 65 of the Act or their court ordered prohi- bition period, the registrar shall immediately give that person notice in writing (

a) that the registrar intends to extend the ignition interlock restriction on the person's driver's licence beyond the expiry of the suspension period under

section 65 of the Act and the court ordered prohibition period for the reasons specified in the notice; and

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 752 (

b) of a time, date and place before the expiry of the suspension or prohibition period at which the person may appear to ob- ject to the extension, and after hearing the reasons for th e person's objection or where the person does not appear, the registrar shall decide whether to extend their ignition interlock restriction and immediately notify the person in writing of the decision.

(6) A person who has been notified by the registrar of an exten- sion of their ignition interlock restriction under subsection (4) or (5) may, within 30 days afte r receiving notice of th e decision, appeal the decision or order to the Trial Divisi on by filing a notice of appeal with the Registrar of the Supreme Court.

(7) An appeal under subsection (6 ) does not stay the decision being appealed unless the Trial Division orders otherwise. 26.3

(1) The registrar shall authorize one or more persons to install, maintain and remove ignition interlock devices.

(2) An authorized installer shall maintain for a period of 6 years from the removal of an ignition interlock device a record of (

a) the approval for the installation of the ignition interlock device received by the installer from the registrar; (

b) the installation, inspection, maintenance and removal of the ignition interlock device by the installer; and (

c) the results of each inspection of the ignition interlock device carried out by the installer.

(3) An authorized installer shall notify the registrar if an inspec- tion by the installer reveals evidence that an ignition interlock device has been tampered with.

(4) An authorized installer shall notify the registrar of any out- standing payments required under

section 26.4.

(5) An authorized installer shall submit the records described in this

section to the registrar in the manner and at the times set by the registrar. Installation

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 753 26.4

(1) A person who holds a driver's licence issued under

section 26.1 shall pay (

a) all costs associated with the installation, monitoring, servic- ing and removal of an ignition interlock device in each mo- tor vehicle the holder operates; and (

b) the administrative fee set by the minister.

(2) Where a person fails to pay an amount described in subsec- tion (1), the registrar may revoke the approval of the person for the use of an ignition interlock device and (

a) reinstate the suspension of his or her driver's licence; or (

b) where the person is driving with an ignition interlock re- striction extended under

section 26.2, suspend his or her driver's license until subsection (1) is complied with or until the expiry of the extension under 26.2, whichever occurs first. 26.5

(1) A person who holds a driver 's licence issued under

section 26.1 shall bring a motor vehicle in which he or she has had an ignition interlock device installed to an authorized installer or a facility desig- nated by an authorized installer for inspection and maintenance at least once every 60 days.

(2) Where a person fails to comply with the requirements of subsection (1), the registrar may revoke the approval of the person for the use of an ignition interlock device and (

a) reinstate the suspension of his or her driver's licence; or (

b) where the person is driving with an ignition interlock re- striction extended under

section 26.2, suspend his or her driver's license until subsection (1) is complied with or until the expiry of the extension under 26.2, whichever occurs first. 26.6 The registrar may seek the advi ce of the Registrar's Advisory Committee in determining whether to (

a) approve an application for reinstatement under 26.1; and Costs Duties of licence holder Registrar's Advisory Committee

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 754 (

b) extend the ignition interlock restriction under

section 26.2 beyond the expiry of the suspension period and court or- dered prohibition. 26.7 Where a peace officer stops a motor vehicle and determines that the driver of the vehicle is prohibited from driving a motor vehicle that is not equipped with an ignition interlock device, the peace officer may, without warrant or court order, insp ect the vehicle to the extent rea- sonably necessary to determine (

a) if the vehicle is equipped with an ignition interlock device; and (

b) if the vehicle is properly equipped, if the device has been tampered with. 26.8

(1) A person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device, who operates a motor vehicle that is not equipped with an ignition interlock device is guilty of an offence and is liable on

summary conviction (

a) in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and (

b) in every other case, to a fine of not less than $200 and not more than $1,000.

(2) A person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device who solicits a breath sample from any individual for the purpose of assisting the person to: (

a) start a vehicle equipped with an ignition interlock device; or (

b) keep a vehicle equipped with an ignition interlock device in motion, is guilty of an offence and is liable on

summary conviction, (

c) in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and (

d) in every other case, to a fine of not less than $200 and not more than $1,000. Inspection Offence

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 755

(3) A person who knowingly assists a person who is only per- mitted to operate a motor vehicle that is equipped with an ignition in- terlock device to (

a) start a vehicle equipped with an ignition interlock device; or (

b) keep a vehicle equipped with an ignition interlock device in motion, is guilty of an offence and is liable on

summary conviction, (

c) in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and (

d) in every other case, to a fine of not less than $200 and not more than $1,000.

(4) A person who tampers with an ignition interlock device installed in a motor vehicle is guilty of an offence and is liable on

summary conviction (

a) in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and (

b) in every other case, to a fine of not less than $200 and not more than $1,000.

(5) A person who is the owner or is in possession or control of a motor vehicle that is not equipped with an ignition interlock device who knowingly permits a person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device to drive the vehicle is guilty of an offence and is liable on

summary conviction (

a) in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and (

b) in every other case, to a fine of not less than $200 and not more than $1,000. 6. The regulations are amended by adding immediately before

section 27 the following:

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 756

PART V GENERAL

Section 27 of the regulations is repealed and the following substituted: 27.

(1) The registrar may reinstate th e driver's licence of a person, including a novice driver, whose licence has been suspended under

section 60.4 of the Act, suspended due to a 24 hour or 90 day roadside suspension or due to a conviction under the Criminal Code (Canada) upon expiry of the suspension.

(2) The registrar shall require a person whose licence is rein- stated under subsection (1) to provide proof of successful completion of one or more of the following programs as set out in

Schedule A, within a time set by the registrar: (

a) an alcohol education program; and (

b) an alcohol dependency asse ssment, followed by an alcohol rehabilitation program where the program is recommended in the assessment.

(3) Where a person does not provide the proof required by the registrar under subsection (2) within the time set by the registrar, the registrar shall suspend the driver's licence of that person until proof is provided. 8. Sections 29 and 30 of the regulations are repealed. 9.

Schedule A of the regulations is repealed and the following substituted:

Schedule A Suspension type No. of Suspen- sions Within a period of Requires evidence of completion of 24 hour 2 2 years Alcohol education program Evidence of pro- gram completion

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 757 24 hour 3 or more 2 years Alcohol dependency assessment / rehabili- tation 90 day 1 Alcohol education program 90 day 2 or more 2years Alcohol dependency assessment / rehabili- tation Criminal Code 1 Alcohol education program Criminal Code 2 or more 10 years Alcohol dependency- assessment / rehabili- tation Combination of 24 hour or 90 day and Crimi- nal Code 2 and 1 2 years Alcohol dependency- assessment / rehabili- tation

Section 60.4 of Act 2 months 1 - 4 months 2 Alcohol education program 6 months 3 Alcohol dependency- assessment / rehabili- tation

Highway Traffic Driver Regulations, 1999 (Amendment) 74/03 The Newfoundland and Labrador Gazette July 25, 2003 758 10. These regulations come into force on the day on which

An Act to Amend the Highway Traffic Act , SNL2002 c11, comes into force. ©Earl G. Tucker, Queen's Printer Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 25, 2003 759 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 3 5 1 L a n d s A c t — N o t i c e.................................................................................. 3 4 8 Quieting of Titles Act — Notice ........................................................................ 3 4 8 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 s ................................................................. 3 4 7

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Hghway Traffic (Amendment) Act Proclamation bringing Act into force NLR 72/03 New July 25/03, p. 735 (August 1, 2003) Highway Traffic Act Vehicle Seizure and Impoundment NL R 73/03 New July 25/03, p.737 Regulations (In force August 1, 2003) Highway Traffic Driver Regulations, 1999 NLR 74/03 Amends July 25/03, p 747 (Amdt) (In force August 1, 2003) NLR 110/98

Part I Heading Added S. 2 Amdt;

Part II Heading added;

Part III Heading added;

Part IV Added, Ss. 26.1-26.8 Added;

Part V Heading Added, S. 27 R&S Ss. 29 & 30 Rep. Sch. A. Amdt

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 25, 2003 760 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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STATUTES OF NEWFOUNDLAND AND LABRADOR 2003 Fifth Session, 44th General Assembly 52 Elizabeth II, 2003 Bill Act

Chapter 2 Interim Supply Act, 2003 1 (ASSENTED TO MARCH 25, 2003) 3 Supply Act, 2003 2 10 Expropriation (Amendment) Act 3 5 Income Tax (Amendment) Act 4 12 City of Corner Brook (Amendment) Act, City of Mount Pearl (Amendment) Act, City of St. John’s (Amendment) Act, Mu- nicipalities (Amendment) Act, 1999 and Urban and Rural Planning (Amendment) Act, 2000 5 6 Income Tax (Amendment) Act No. 2 6 7 Health and Post-Secondary Education Tax (Amendment) Act 7 4 Tobacco Tax (Amendment) Act 8 (ASSENTED TO May 15, 2003) * Bills amended in Committee of the Whole House.

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 2003-07-25
Type	gazette
Volume / chapter	printer gazette weekly issues 2003 2003 07 25
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b2c984e5e9833f7362489dbac4b6dd4022f18876

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