Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 11

AN ACT TO REMOVE

ANOMALIES AND ERRORS

IN THE STATUTE LAW

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

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

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

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

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

HONOURABLE

DARIN KING

Minister of Justice

Ordered

to be printed by the Honourable House of Assembly

E XPLANATORY

NOTES

General: The purpose of this Bill is

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

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

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

of the Attorney General and are technical amendments not involving matters of

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

which it is proposed.

Clause 1 of the Bill is the short

title.

Clause 2 of the Bill would amend the Change of Name Act, 2009 to update

references required as a result of the proclamation of the Children and Youth Care and Protection Act . The amendment would

also correct internal cross references.

Clause 3 of the Bill would amend the Elections Act, 1991 to correct a

reference error.

Clause 4 of the Bill would amend

section 20 of the Financial Administration

Act to delete a reference to mandatory retirement by the comptroller general.

The provision was inadvertently omitted from other amendments respecting

mandatory retirement in 2007.

Clause 5 of the Bill would amend the Forestry Act to delete an obsolete

provision.

Clause 6 of the Bill would amend

section 143 of the Highway Traffic Act to correct an error.

Clause 7(1) of the Bill would amend

section 8 of the Mental Health Care and

Treatment Act to correct an error.

Clause 7(2) of the Bill would amend

section 72 of the Mental Health Care and

Treatment Act to correct reference errors.

Clause 8 of the Bill would amend

section

9 of the Mortgage Brokers Act to

correct a reference error.

Clause 9(1) of the Bill would amend

subparagraph 43.2(5)(b)(

v) of the Public

Service Collective Bargaining Act to delete extraneous language.

Clauses 9(2) to (4) of the Bill would

amend the Public Service Collective

Bargaining Act to correct reference errors.

Clause 10 of the Bill would amend

section 24 of the Public Trustee Act,

2009 to delete a redundant reference respecting the setting of fees. Fees

are prescribed by regulation under

section 23 of that Act.

Clause 11 of the Bill would amend

subsection 14(5) of the Securities Act

to ensure consistency with the Criminal Code and other provincial legislation.

Clause 12 of the Bill would repeal a

number of obsolete or spent Acts and regulations.

A BILL

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

Analysis

Short title

2. Change of Name Act, 2009

Elections Act, 1991

Financial Administration Act

Forestry Act

6. Highway Traffic Act

Mental Health Care and Treatment Act

Mortgage Brokers Act

Public Service Collective Bargaining Act

Public Trustee Act, 2009

Securities Act

Repeal

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Attorney

General Statutes Amendment Act, 2013.

SNL2009 cC-8.1

as amended

(1) Section 7 of the Change of Name Act, 2009 is repealed and the following substituted:

Custody of child -

consent required

(1) Where

a custody order has been made in respect of a child, an application to change

the name of the child may be made by

(

a) a manager of Child, Youth and Family Services

where there is a continuous custody order;

(

b) a manager of Child, Youth and Family Services

with the consent of the parents where there is a temporary custody order; or

(

c) where the custody of a child is given to a

third party, that party, with the consent of the parents.

(2) Notwithstanding paragraphs (1)(

b) and (c), the

registrar general may dispense with the consent required under those paragraphs

upon satisfactory proof that both parents of the child are deceased.

(3) Notwithstanding paragraphs (1)(

b) and (

c) and subsection

(2), where one parent of the child is living, the consent of that parent is required.

(2) This

section is considered to have come into

force on June 30, 2011.

SNL1992 cE-3.1

as amended

(1) Section 8 of the Elections Act, 1991 is amended by deleting the reference " Oaths Act " and substituting the

reference " Oaths of Office Act ".

(2) This

section shall not affect the validity of

an oath administered and taken before this

section comes into force.

RSNL1990 cF-8

as amended

4. Subsection 20(5) of the Financial Administration Act is repealed and the following

substituted:

(5) The comptroller general holds office during

good behaviour but is removable by the Lieutenant Governor on address of the

House of Assembly.

RSNL1990 cF-23

as amended

Section 13.1 of the Forestry Act is repealed.

RSNL1990 cH-3

as amended

6. Subsection 143(3) of the Highway Traffic Act is repealed and the following substituted:

(3) A driver who commits a breach of this

section

is guilty of an offence and liable on

summary conviction to a fine prescribed

in the Schedule.

SNL2006 cM-9.1

as amended

(1) Section 8 of the Mental Health Care and Treatment Act is amended by deleting the

words "Lieutenant-Governor" and substituting the words "Lieutenant-Governor

in Council".

(2) Paragraph 72(1)(

a) of the Act is amended by

deleting the reference "subparagraphs 17(2)(b)(

i) and (ii)" and substituting

the reference "subparagraphs 17(1)(b)(

i) and (ii)".

RSNL1990 sM-18

as amended

Section 9 of the Mortgage Brokers Act is repealed and the following substituted:

Limitation of

liability of borrower

9. A

borrower is not liable to pay a mortgage lender or mortgage broker an amount

that exceeds that set out in the disclosure statement required under the Consumer Protection and Business Practices

Act and regulations.

RSNL1990 cP-42

as amended

(1) Subparagraph 43.2(5)(b)(

v) of the Public Service Collective Bargaining Act

is amended by deleting the words "of that section".

(2) Paragraph 44(1)(

c) of the Act is repealed and

the following substituted:

(

c) one or more employee organizations has applied

to be certified as a bargaining agent for those employees; or

(3) Subsection 44(2) of the Act is amended by

deleting the words "trade union or council of trade unions" and

substituting the words "employee organization".

(4) Paragraph 44(3)(

g) of the Act is repealed and

the following substituted:

(

g) declare which employee organization shall be

the bargaining agent for the employees; and

SNL2009 cP-46.1

as amended

Section 24 of the Public Trustee Act, 2009 is amended by deleting the words

"establish fees and".

RSNL1990 cS-13

as amended

11. Subsection 14(5) of the Securities Act is amended by deleting the words "and

probable".

Repeal

(1) The following Acts are repealed:

(

a) Law

Reform Commission Act Repeal Act , SNL2011 c8;

(

b) Regulatory

Reform Act Repeal Act, SNL2011 c11; and

(

c) Subordinate

Legislation Revision and Consolidation Act Repeal Act , SNL2011 c12.

(2) The following

proclamations bringing Acts into force are repealed:

(

a) Newfoundland

and Labrador Regulation 109/10 ;

(

b) Newfoundland

and Labrador Regulation 11/11 ;

(

c) Newfoundland

and Labrador Regulation 34/11;

(

d) Newfoundland

and Labrador Regulation 37/11;

(

e) Newfoundland

and Labrador Regulation 44/11;

(

f) Newfoundland

and Labrador Regulation 54/11;

(

g) Newfoundland

and Labrador Regulation 55/11;

(

h) Newfoundland

and Labrador Regulation 56/11;

(

i) Newfoundland

and Labrador Regulation 79/11;

(

j) Newfoundland

and Labrador Regulation 81/11;

(

k) Newfoundland

and Labrador Regulation 1/12;

(

l) Newfoundland

and Labrador Regulation 25/12;

(

m) Newfoundland

and Labrador Regulation 32/12; and

(

n) Newfoundland

and Labrador Regulation 82/12.

(3) The Proclamation

Dissolving the Forty-Sixth General Assembly , Newfoundland

and Labrador Regulation 89/11, is repealed.

(4) The Consumer

Protection Regulations , published under the Consumer Protection Act , Consolidated Newfoundland

and Labrador Regulation 773/96, are repealed.

(5) The Proclamation

providing for the Holding of a General Election , published under the Elections Act, 1991 , Newfoundland and

Labrador Regulation 90/11, is repealed.

(6) The following items published under the Elections Act, 1991 and the House of Assembly Act are repealed:

(

a) Proclamation

re: By-Election, Electoral District of Conception Bay East - Bell

Island , Newfoundland and Labrador Regulation 99/10; and

(

b) Proclamation

re: By-Election for the Electoral District of Humber West , Newfoundland and Labrador

Regulation 7/11.

(7) The Designation

of Inspectors Order Repeal Order , published under the Heritage Animals Act , Newfoundland

and Labrador Regulation 42/12, is repealed.

(8) The Law

Society Fees Order, published under the Law

Society Act , Consolidated Newfoundland and

Labrador Regulation 1112/96, is repealed.

(9) The Dismissal

of the Town Council of Avondale, Comprised of one Remaining Member, Deputy

Mayor, Bernard Hickey, and the Appointment of an Interim Official Administrator

for the Town of Avondale Order, published under the Municipal Affairs Act , Newfoundland and Labrador Regulation 65/07,

is repealed.

(10) The General

Election Deferral Order, 2010 , Newfoundland

and Labrador Regulation 18/10, published under

the Municipal Elections Act is repealed.

(11) The Town

of Fogo Island Election Order , Newfoundland

and Labrador Regulation 4/11, published under

the Municipal Elections Act and the Municipalities Act, 1999 , is repealed.

(12) The Meeting

Regarding the Election of the Local Service District Committee of Buchans

Junction Order , published under the Municipalities

Act, 1999 and the Local Service

District Regulation, Newfoundland and Labrador Regulation 65/12, is repealed.

(13) The Subordinate

Legislation Exemption Order, published under the Subordinate Legislation Revision and Consolidation Act , Newfoundland and Labrador

Regulation 11/97, is repealed.

(14) The following

items published under the Water Resources

Act are repealed:

(

a) Repeal

of Notice of Protected Water Supply Area , Newfoundland

and Labrador Regulation 26/11;

(

b) Repeal

of Notice of Protected Watershed Area of South Pond , Newfoundland

and Labrador Regulation 29/12;

(

c) Repeal

of Notice of Protected Water Supply Area , Newfoundland

and Labrador Regulation 57/12 ;

(

d) Repeal

of Notice of Protected Water Supply Area , Newfoundland

and Labrador Regulation 58/12; and

(

e) Repeal

of Notice of Protected Watershed Area , Newfoundland

and Labrador Regulation 83/12.

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