Newfoundland and Labrador Gazette, Part I — 2020-19-04, Vol. 94, No. 15 — Lands Act Notice

NLG 2020-19-04

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 94 ST. JOHN’S, FRIDAY , APRIL 12, 2019 No. 15 123 CITY OF ST. JOHN’S ACT ST. JOHN’S MUNICIPAL COUNCIL NOTICE ST. JOHN’S TICKETING AMENDMENT (NO. 1-2019) BY-LAW TAKE NOTICE that the ST. JOHN’S Municipal Council has enacted the ST. JOHN’S Ticketing Amendment (No. 1-2019) By-Law. The said By-Law was passed by Council on the 11 th day of March, 2019, so as to bring the By Law more in line with provisions of the Highway Traffic Act. Additionally, the fine for

section 8(1)(a), stopping/parking in contravention of a traffic control device, will be increased to $100 as per the minimum requirement of the Province, and the fine for

section 12, pertaining to offences involving mobility impaired permits and access ramps, will be increased to the statutory maximum of $700. 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 City Solicitor 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 11th day of March, 2019. CITY OF ST. JOHN’S Elaine Henley, City Clerk Apr 12 CITY OF ST. JOHN’S ACT

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 12, 2019 124 FORMER SURNAME FORMER GIVEN NAME NEW SURNAME NEW GIVEN NAME COMMUNITY KINSLOW KEARSTEN DAKOTA ALLEN KEARSTEN DAKOTA CHANNEL-PORT AUX BASQUES MENCHINGTON HARRIET SYLVIA MENCHI NTON SYLVIA HARRIETT ST. JOHN'S BIKKY KUMAR KUMAR BIKKY ST. JOHN'S HUMBER RACHEL DEBORAH ANN RUMBOLT RACHEL DEBORAH ANN FRENCHMAN'S COVE BURKARD HOPE AVA WOOLF AVA HOPE HARBOUR GRACE MILLS-HOPKINS JAMES BRADY HOPKINS JAMES BRADY WINTERTON HUMBY TESSA LEIGH HOWE TESSA LEIGH ST.

JOHN'S BATSTONE ROBERT STEPHEN LLOYD KELLAND ROBERT LLOYD CONCEPTION BAY SOUTH JABLAN JOY LYN MURILLO ZOEY TORBAY LOCKE EMILY SHIRLEY MISHELLE RIDEOUT EMILY SHIRLEY MISHELLE BADGER ANISH JOSEPH JOSEPH ANISH GRAND FALLS-WINDSOR HUTCHINGS MASON BRENDAN SHELDON HAYWARD MA SON BRENDAN SHELDON CONCEPTION BAY SOUTH HORWOOD TORY JACOB ANTHONY-HORWOOD TORY JACOB TORBAY ALLCORN CONAN ALEXANDER TARR ANABEL TIA ST.

JOHN'S COLES RYAN WILLIS ROBERT WHITE-CO LES RYAN WILLIS ROBERT SWEET BAY HENNEBURY-O'BRIEN BAILEY NOAH MERCER BAILEY NOAH CONCEPTION BAY SOUTH WIEST ADELAIDE ISABELLA MAUREEN BAIRD ADELAIDE ISABELLA MAUREEN GOULDS LUCAS JAMES RAYMOND KING JAMES RAYMOND STEPHENVILLE CROSSING BAKER MELANIE ELAINE CRITCH MELANIE ELAINE WABUSH THATCHELL GERARD TATCHELL GERARD CASTOR RIVER NORTH THATCHELL SUSANNA TATCHELL SUSANNE CASTOR RIVER NORTH HARTE BRANDON WILLIAM OSBOURNE BRANDON WILLIAM ST.

JOHN'S SKINNER ISABELLA NICHOLE BLUNDON ISABELLA NICHOLE PARADISE ALLEN KAISON WILLIAM GOLLOP KAISON WILLIAM PLACENTIA SKINNER JOHN ALLAN BLUNDON JOHN ALLAN PARADISE NEWMAN-BURT LOGAN STEPHEN ROSS NICHOL LOGAN EWEN ROSS PARADISE WONDAFRASH SHALOM ALEMU ALEMU SHALOM BIZUAYEHU ST. JOHN'S BUNGAY NATHANIEL JAMES BUNGAY-MEEHAN NA THANIEL JAMES CONCEPTION BAY SOUTH BUNGAY NATALYA MELINA BUNGAY-MEEHAN NATALYA MELINA CONCEPTION BAY SOUTH AKANCHA KUMAR AKANCHA ST. JOHN'S O'DEA CASSANDRA LILLIAN SARAH VERGE ALEXANDER LEONARD ST.

JOHN'S Dated this 1 s t day of April, 2019 SERVICE NL Ken Mullaly, Registrar, Vital Statistics CHANGE OF NAME ACT, 2009 UNDER THE AUTHORITY vested in me by the Change of Name Act, 2009, SNL2009 cC-8-1, I hereby certify that the following names have been changed. Legal name changes processed during the period – March 2019.

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 12, 2019 125 LANDS ACT Notice of Intent,

Section 7 Lands Act, SNL 1991 c36 as amended NOTICE IS HEREBY given that an application has been made to the Department of Fisheries and Land Resources, Agriculture and Lands Branch, to acquire title, pursuant to

section 7(2)(

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Mollyguajeck Lake for the purpose of a boat house. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see the website below: http://www.ma.gov.nl.ca/lands/sec7notifications.html Please note: It may take up to 5 days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of the notice on the Department of Fisheries and Land Resources website, Crown Lands, http://www.ma.gov. nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: • Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca • Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca • Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca • Labrador Regional Lands Office, P.O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Apr 12 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of ADA LUCILLE GREEN NEMEC, Late of St. John’s, in the Province of Newfoundland and Labrador, Deceased.

All persons claiming to be creditors or heirs at law of or who have any claims or demands upon or affecting the Estate of ADA LUCILLE GREEN NEMEC, Late of St. John’s, in the Province of Newfoundland and Labrador, are hereby requested to send particulars of the same in writing, duly attested, to the Executors of the Estate of ADA LUCILLE GREEN NEMEC, c/o Stewart McKelvey, Suite 1100, Cabot Place, 100 New Gower Street. St. John’s, Newfoundland and Labrador, A1C 6K3, Attn: Paul L.

Coxworthy, on or before the 31st day of May, 2019 after which date the Executors will proceed to distribute the said Estate having regard only to the claims of which they then shall have had notice. DATED AT St. John’s, Newfoundland and Labrador, this 5th day of April, 2019. STEWART MCKELVEY Solicitors for the Estate of ADA LUCILLE GREEN NEMEC PER: Paul L. Coxworthy ADDRESS FOR SERVICE: Suite 1100 Cabot Place, 100 New Gower Street St.

John’s, NL A1C 5V3 Tel: (709) 722-4270 Fax: (709) 722-4565 Apr 12 ESTATE NOTICE IN THE MATTER of the Estate of FRANCIS NEWMAN, Late of the City of Comer Brook, in the Province of Newfoundland and Labrador, Canada, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of FRANCIS NEWMAN, Late of Corner Brook, in the Province of Newfoundland and Labrador, Deceased, are requested to send particulars in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate of the deceased on or before the 13 th day of May, 2019 after which date the Administrator will proceed to distribute the Estate having regard only to the claims of which they then shall have had notice. DATED AT Comer Brook, this 4th day of April, 2019.

PENNEY & BROWN LAW Solicitors for the Executor PER: Jill K. Brown ADDRESS FOR SERVICE: 37 West Street Corner Brook, NL A2H 2Y6 Tel: (709) 634-9888 Fax: (709) 634-1497 Apr 12

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 94 ST. JOHN’S, FRIDAY , APRIL 12, 2019 No. 15 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 20/19 NLR 21/19 NLR 22/19 NLR 23/19 NLR 24/19 NLR 25/19 NLR 26/19 NLR 27/19 NLR 28/19

117 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 20/19 Proclamation bringing Act into force. (SNL 2018c.C-12.3) (June 28, 2019) under Children, Youth and Families Act (O.C. 2019-099) Filed April 11, 2019 ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JUDY M. FOOTE JENNIFER MERCER, Q.C. Lieutenant-Governor in General Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 133 of

An Act Respecting Children, Youth and Families, Statutes of Newfoundland and Labrador 2018,

Chapter C -12.3 (the "Act") it is provided that the Act comes into force on a day or days to be proclaimed by t he Lieutenant- Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall come into force on June 28th, 2019; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this ou r Proclamation declare and direct that

An Act Respecting Children, Youth and Families, Statutes of Newfoundland and Labrador 2018,

Chapter C-12.3 shall be proclaimed into force on June 28th, 2019.

118 The Newfoundland and Labrador Gazette April 12, 2019 OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom th ese 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. WITNESS: O ur trusty and well -beloved the Honourable Judy M. Foote, Member of Our Privy Council of Canada, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador.

AT OUR GOVERNMENT HOUSE, in Ou r City of St. John's, this 11 th day of April in the year of Our Lord two thousand and nineteen, in the sixty- eighth year of Our Reign. BY COMMAND, JAMIE CHIPPETT Deputy Registrar General ©Queen's Printer

119 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 21/19 Indigenous Government or Organization Delegation Regulations under the Children, Youth and Families Act (O.C. 2019-100) (Filed April 11, 2019) Under the authority of

section 1 08 of the Children, Youth and Families Act, the Lieutenant-Governor in Council makes the follo wing regulations. Dated at St. John’s,April 11, 2019. Krista Quinlan Deputy Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Definition 3. Authority to negotiate agreement 4. Commencement 1. These regulations may be cited as the Indigenous Government or Organization Delegation Regulations. 2. In these regulations, "Act" means the Children, Youth and Families Act.

Short title Definition

120 The Newfoundland and Labrador Gazette April 12, 2019 Indigenous Government or Organization Delegation Regulations 21/19 3. The minister may negotiate an agreement with an I ndigenous government or organization under

section 105 of the Act where the Indigenous government or organization submits to the minister (

a) a request in writing; and (

b) proof satisfactory to t he minister that the Indigenous government or organization has , by motion or resolution , authorization from its Indigenous community to enter into an agreement for the provision of services or the a dministration of all or part of the Act. 4. These regulations come into force on the date the Act comes into force. ©Queen's Printer Authority to negotiate agreement Commencement

121 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 22/19 Fishing Industry Collective Bargaining Regulations, 2011 (Amendment) under the Fishing Industry Collective Bargaining Act (Filed April 11, 2019) Under the authority of subsections 19.11(3) and 19.14(4) of th e Fishing Industry Collective Bargaining Act, I make the following regulations. Dated at St. John’s, April 11, 2019. Bernard Davis Minister of Advanced Education, Skills and Labour REGULATIONS Analysis 1. S.3 Amdt. Reconsideration 1. Subsection 3(3) of the Fishing Industry Collective Bargai ning Regulations, 2011 is repealed and the following substituted:

(3) A decision respecting reconsideration shall be made by the panel within 96 hours from the time the panel has acknowledged receipt of an application for reconsideration. ©Queen's Printer NLR 5/11 as amended

123 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 23/19 Forest Fire Regulations (Amendment) under the Forestry Act (Filed April 11, 2019) Under the authority of

section 109 of the Forestry Act, I make the following regulations. Dated at St. John’s, April 4, 2019. Gerry Byrne Minister of Fisheries and Land Resources REGULATIONS Analysis 1. S.4 Amdt. Exceptions 2. S.5 R&S Fire weather index 3. S.11 Amdt. Travel on forest land 4. S.12 Amdt. Use of timber harvesting equipment 5. S.13 Amdt. Logging or industrial operations 1.

(1) Paragraph 4(

b) of the Forest Fire Regulations is repealed and the following substituted: (

b) on a sand or gravel beach or quarry if CNLR 11/96 as amended

124 The Newfoundland and Labrador Gazette April 12, 2019 Forest Fire Regulations (Amendment) 23/19 (

i) the fire is located (

A) at a distance of not less than 15 metres from the nearest woods, brush or other flammable material, or (

B) at a distance of not less than 5 metres from the nearest woods, brush or other flammable material and not more than 1.25 metres from a body of water whose surface area exceeds 10 square metres, and (ii) the fire does not exceed a surface area of 0.4 square metres;

(2) Subparagraphs 4(b.1)(iv) and (

v) of the regulations are repealed and the following substituted: (iv) the unit rests on legs or supports and is placed on mineral soil or non -combustible material having a surface area of not less than 1.5 square metres, and (

v) the unit is located not less than 3.5 metres from the nearest woods, brush or other flammable material; or

(3) Subparagraphs 4(c)(ii) to (iv) of the regulations are repealed and the following substituted: (ii) the unit is located on private property and not less than 15 metres from the nearest woods, brush or other flammable material, (iii) the unit is in good working order and an a ttendant is on site if the fire weather in dex is high, very high or extreme, and (iv) all incinerator ash is totally extinguished before being discarded on mineral soil not less than 15 metres from the nearest woods, brush or other flammable material.

125 The Newfoundland and Labrador Gazette April 12, 2019 Forest Fire Regulations (Amendment) 23/19

Section 5 of the regulations is repealed and the following substituted: 5.

(1) Open or outdoor fires are not permitted under paragraphs 4(a), (

b) and (b.1) when the fire weather index is very high or extreme.

(2) All permits to burn issued under these regulations are inva lid when a high, very high or extreme fire weather index exists in the locality for which the permit has been issued. 3. Subsection 11(2) of the regulations is repealed and the following substituted:

(2) The unit or operator shall be equipped with a fire extinguisher containing a minimum of 225 grams of ABC class dry chemical. 4. Subsection 12(2) of the regulations is repealed and the following substituted:

(2) A person shall not use a power saw during the forest fire season unless the exhaust is fitte d in accordance with the manufacturer's original specifications with muffler and proper screening or baffling devices to prevent the escape of sparks or particles of burnt carbon and the operator has a fire extinguisher on his or her person containing a mi nimum of 225 grams of ABC class dry chemical. 5. Subsection 13(8) of the regulations is repealed and the following substituted:

(8) The operating permit may be temporarily suspended by a forestry official if the fire weather index for that locality rise s to high, very high or extreme. ©Queen's Printer Fire weather index

127 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 24/19 Accessible Parking Regulations under the Highway Traffic Act (Filed April 11, 2019) Under the authority of

section 18 7 of the Highway Traffic Act, I make the following regulations. Dated at St. John’s,April 10, 2019. Sherry Gambin-Walsh Minister of Service Newfoundland and Labrador REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Parking permit 4. Permit required 5. Permits from other jurisdictions 6. Curb ramp 7. Penalty 8. Repeal 1. These regulations may be cited as the Accessible Parking Regulations.

Short title

128 The Newfoundland and Labrador Gazette April 12, 2019 Accessible Parking Regulations 24/19 2. For the purpose of these regulations (a) "accessible parking space" means a parking space, including access aisles, (

i) designated by a RB -71 sign of any dimension or color from the Manual of Uniform Traffic Control Devices for Canada published by the Transportation Ass ociation of Canada, (ii) designated by a uniform traffic control sign of any dimension or color from the Canada Standards Association standard CSA B651, (iii) designated by a sign of any dimension or color bearing a symbol of a figure in a wheelchair, (iv) bearing a symbol of a figure in a wheelchair, or (

v) painted blue in whole or in part; (b) "Act" means the Highway Traffic Act; (c) "chiropractor" means a chiropractor as defined in the Chiropractors Act, 2009; (d) "curb ramp" means a ramp cut in the sidewal k with the lower edge of the ramp blending to the common surface of the finished grade; (e) "medical practitioner" means a medical practitioner as defined in the Medical Act, 2011; (f) "permit" means a valid document issued by the registrar to a person with a mobility challenge; (g) "person with a mobility challenge" means

Definitions

129 The Newfoundland and Labrador Gazette April 12, 2019 Accessible Parking Regulations 24/19 (

i) a person who, because of a mobility challenge , requires the use of a special transit facility, (ii) a person who has (

A) lost the use of one or more lower extremities, (

B) significant limitation in the use of lower extremities, or (

C) a disease or disorder which substantially i mpairs or interferes with mobility, (iii) a person who has a lung disease that causes his or her respiratory expiratory volume, per second, when measured by spirometry, to be less than one li tre per second or his or her arterial oxygen tension (p02) to be less than 60mm/Hg on room air at rest, (iv) a person who has a cardiovascular disease that causes his or her functional limitations to be classified in severity as to standards accepted by the Heart and Stroke Foundation of Canada, or (

v) a person who, because of a visual or other impairment, requires specialized access to ensure safety; and (h) "registered nurse" means a registered nurse as defined in the Registered Nurses Act, 2008. 3.

(1) The registrar shall issue a permit to a person who (

a) submits an application in the form prescribed by the registrar; and (

b) provides documentation satisfactory to the registrar from a medical practitioner, registered nurse or chiropractor confirming the person's mobility challenge.

(2) The registrar shall renew a permit where a person (

a) submits an application in the form prescribed by the registrar; and Parking permit

130 The Newfoundland and Labrador Gazette April 12, 2019 Accessible Parking Regulations 24/19 (

b) where requested by the registrar, provides documentation satisfactory to the registrar from a medical practitioner, registered nurse or chiropractor con firming the person's mobility challenge.

(3) A person who holds a permit shall surrender the permit upon request of a peace officer.

(4) A permit remains the property of the Crown and shall be returned to the registrar upon request. 4.

(1) A person other than the holder of a permit or a person accompanying the holder of a permit shall not park, temporarily or otherwise, a motor vehicle in an accessible parking space.

(2) A permit shall be displayed in the windshield of a vehicle occupying an accessible parking space.

(3) A person shall not display a permit which (

a) has expired; (

b) does not contain a valid expiry date; or (

c) is otherwise invalid. 5. A motor vehicle displaying a valid permit, number plate or other marker bearing the a symbol of a figure in a wheelchair and issued by another jurisdiction shall be entitled to the same privileges as a m otor vehicle displaying a permit issued under these regulations. 6.

(1) A person shall not park within 2 metres of a curb ramp whether on private or public property. (2) Subsection (1) does not apply where (

a) the curb ramp is located in or adjoins an accessible parking space; and (

b) the person parked in the accessible parking space holds a permit. Permit required Permits from other jurisdictions Curb ramp

131 The Newfoundland and Labrador Gazette April 12, 2019 Accessible Parking Regulations 24/19 7. A person who contravenes a provision of these regulations is guilty of an offence and is liable on

summary conviction to (

a) a fine of not less than $400 and not more than $700; and (

b) in default of payment of a fine, imprisonmen t for not less than 2 days and not more than 10 days. 8. The Designated Mobility Impaired Parking Regulations , Consolidated Newfoundland Regulation 1026/96, are repealed. ©Queen's Printer Penalty Repeal

133 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 25/19 Public Service Commission Act

Schedule C Amendment Order, 2019 under the Public Service Commission Act (O.C. 2019-097) (Filed April 11, 2019) Under the authority of

section 24 of the Public Service Commission Act, the Lieutenant -Governor in Council makes the following regulations. Dated at St. John’s,April 11, 2019. Krista Quinlan Deputy Clerk of the Executive Council ORDER Analysis 1.

Short title 2. RSNL1990 cP-43 Sch. C Amdt. 3. Repeal 1. These regulations may be cited as the Public Service Commission Act

Schedule C Amendment Order, 2019.

Short title

134 The Newfoundland and Labrador Gazette April 12, 2019 Public Service Commission Act

Schedule C Amendment Order, 2019 25/19 2 2.

Schedule C of the Public Service Commission Act is amended by deleting the entity reference “ Premier's Task Force on Improving Educational Outcomes”. 3. The Public Service Commi ssion Act

Schedule C Amendment Order, 2018 No. 6 , Newfoundland and Labrador Regulation 119 /18 is repealed. ©Queen's Printer RSNL1990 cP-43 Sch. C Amdt. Repeal

135 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 26/19 Student Financial Assistance Regulations (Amendment) under the Student Financial Assistance Act, 2019 (O.C. 2019-096) (Filed April 11, 2019) Under the authority of

section 15 of the Student Financial Assistance Act, 2019, the Lieutenant -Governor in Council makes the following regulations. Dated at St. John’s, April 11, 2019. Krista Quinlan Deputy Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.5 Amdt. Granting of financial assistance 3. S.5.01 Amdt. Financial assistance for part- time students 4. S.5.2 Amdt. Payment free status 5. S.5.8 Amdt. Consolidation and repayment 6. S.5.09 R&S Repayment 7. S.5.9 Amdt. Obligation to pay interest 8. S.5.10 R&S Application to pre-April, 2004 loans 9. S.5.11 Amdt. Revision of terms 10. S.6 Amdt. Debt reduction grants 11. S.7 Amdt. Debt reduction calculation

136 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Regulations (Amendment) 26/19 12. S.10.1 Amdt. Repayment assistance 13. S.10.2 Amdt. Two stages of repayment assistance 14. S.10.8 Amdt. Monthly payments during repayment assistance 15. S.12 Amdt. Loan forgiveness due to permanent disability or death 16. S.12.01 Amdt. Loan forgiveness due to severe permanent disability or death 17. S.12.1 Amdt. Debts collected by subrogation or under Act 18. Commencement 1.

(1) Paragraph 2(

a) of the Student Financial Assistance Regulations is repealed and the following substituted: (a) "Act", unless the context indicates otherwise means the Student Financial Assistance Act, 2019;

(2) Paragraph 2(

i) of the regulations is repealed and the following substituted: (i) "service provider" means a person who has entered into an agreement with the minister to provide services with respect to the disbursement, administration, managemen t and recovery of student loans. 2. (1) Paragraph 5(1)(

c) of the regulations is repealed and the following substituted: (

c) submit the completed student loan agreement to the minister or service provider before the last day of the month of his or her period of study end date; and (2) Subsection 5(2) of the regulations is repealed and the following substituted:

(2) Where a person complies with subsection (1), the minister shall issue financial assistance to that person in the amount set out in the notice of financial assistance. 3.

(1) Subsection 5.01(1) of the regulations is repealed and the following substituted: NLR 105/03 as amended

137 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Regulations (Amendment) 26/19 5.01

(1) Notwithstanding

section 5, the minister may is sue a non repayable grant to a part tim e student who has been issued a certificate of eligibility for a federal part time student loan.

(2) Subsection 5.01(3) of the regulations is repealed and the following substituted:

(3) Where the amount of a part ti me student's federal part time student loan is increased after the non repayable grant is issued, the minister may issue a further non repayable grant equal to the amount of the increase. 4. Subsection 5.2(8) of the regulations is repealed and the following substituted:

(8) A borrower referred to in subsection (6) must, no later than 30 days after receipt of his or her posting message provided by Canada's Department of National Defence, unless circumstances beyond the control of the borrower necessitate a longer period, notify the minister in the prescribed form that he or she will be serving on the designated operation and must provide the minister with a list of outstanding student loans not owned by the Crown and, where the minister requests, provide the minister with (

a) his or her social insurance number; (

b) a list of outstanding student loans; (

c) a copy of the posting message; and (

d) information that is necessary to assess whether the bo rrower meets the requirements of subsection (6), (7), (10) or (12). 5. Subsection 5.8(4) of th e regulations is repealed and the following substituted:

(4) This

section does not apply to a borrower who enters into a student loan agreement after July 31, 2012.

Section 5.09 of the regulations is repealed and the following substituted: Financial assistance for part-time students

138 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Regulations (Amendment) 26/19 5.09 A borrower who enters into a student loan agreement after July 31, 2012 shall, within 6 months after ceasing to be a full time student, discharge all outstanding student loans of that bo rrower in accordance with the repayment terms established by the lender. 7. Subsections 5. 9(1), (2), (2.1), (3), (4) and (4.1) of the regulations are repealed and the following substituted: 5.9

(1) Before August 1, 2007, the interest in effect on any day on a student loan owned by the Crown shall be (

a) the prime rate on that day plus 2.5% yearly; or (

b) after consolidation of a student loan under sec tion 5.8 and where requested by the borrower, the prime rate upon the date that the borrower made the request, plus 5% yearly.

(2) From August 1, 2007 to July 31, 2009, the interest rate in effect on any day on a student loan owned by the Crown shall be (

a) the prime rate on that day yearly; or (

b) after consolidation of a student loan under sec tion 5.8 and where requested by the borrower, the prime rate upon the date that the borrower made the request, plus 2.5% yearly.

(2.1) After July 31, 2009, the interest rate in effect on any day on a student loan owned by the Crown is 0%.

(3) Before August 1, 2007, the interest rate on any day on a student loan not owned by the Crown shall be in accordance with the student loan agreement relating to that student loan.

(4) From August 1, 2007 to July 31, 2009, the interest rate in effect on any day on a student loan not owned by the Crown shall be (

a) the prime rate on that day yearly; or (

b) after consolidation of a student loan under sec tion 5.8 and where requested by the borrower, the prime rate upon the date that the borrower made the request, plus 2.5% yearly. Repayment Obligation to pay interest

139 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Regulations (Amendment) 26/19

(4.1) After July 31, 2009, t he interest rate in effect on any day on a student loan not owned by the Crown is 0%.

Section 5.10 of the regulations is repealed and the following substituted: 5.10

Section 5.8 and subsection 5.9(1) shall only apply to a student loan owned by the Crown that has not been consolidated or entered into repayment status before April 1, 2004, notwithstanding that con trary terms and conditions of a student loan agreement apply to that loan immediately before that date. 9. Subsection 5.11(1) of the regulations is repealed and the following substituted: 5.11

(1) Where, on April 1, 2004, a student loan owned by the Crown is in repayment status, the following terms and conditions shall be considered to a pply to the student loan agre ement applicable to that loan, notwithstanding contrary terms and conditions of that agreement immediately before April 1, 2004: (

a) interest payable shall be calculated based on the prime rate as defined in these regulations; (

b) the amortization period shall be adjusted as required to ensure that a borrowers total monthly payment to repay his or her student loan and his or her direct loan under the federal Act is not greater than the sum of his or her monthly student loan pa yment and federal direct loan payment immediately before April 1, 2004; (

c) where a student loan has, immediately b efore April 1, 2004, a fixed interest rate and the borrower's direct loan under the federal Act has a floating rate, the interest rate applicable to the student loan shall be a floating rate that is the prime rate plus 2.5% yearly; (

d) where a borrower has a student loan with a fixed inter est rate and a direct loan under the federal Act with a fixed interest rate that is lower than the fixed interest rate applic able to his or her student loan, the interest rate on his or her student loan shall be reduced to match the fixed interest rate applicable to the borrowers direct loan under the federal Act; Application to pre- April, 2004 loans Revision of terms

140 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Regulations (Amendment) 26/19 (

e) the allocation and application of payments between a student loan and a direct loan under the federal Act shall be as agreed upon by the minister and the Government of Canada; and (

f) monthly payments on a student loan shall be due and payable on the last day of each month. 10. Subsection 6(3) of the regulations is amended by deleting the word "and" at the end of paragraph (

g) and substituting the word "or". 11. Subsection 7(3.1) of the regulations is repealed and the following substituted:

(3.1) Where a borrower enters into a student loan agreement after July 31, 2012, a grant to a borrower shall not exceed the principal amount of his or her student loan at the time the repa yment terms are established by the lender. 12. Subsections 10.1(2) and (3) of the regulations are repealed and the following substituted:

(2) Repayment assistance available includes, for a loan owned by the Crown (

a) a reduction in the borrowers monthly payments on the student loan; or (

b) assistance from the minister in forgiving an out standing student loan by forgiving monthly payments on the loan.

(3) Repayment assistance available includes, for a loan not owned by the Crown (

a) a reduction in the borrowers monthly payments on the student loan; or (

b) assistance from the minister in paying off the bo rrower's outstanding student loan by making monthly payments on the loan in the amount of the reduction under paragraph (a).

141 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Regulations (Amendment) 26/19 13. Subsection 10.2(5) of the regulations is repealed and the following substituted:

(5) For the purpose of this section, where the lender is the Crown, the minister shall be considered to have complied with this

section by forgiving, each month, the portion of the borrower's outstanding student loan that is equal to the payments that the minister is otherwise required to make under this section. 14. Subsection 10.8(7) of the regulations is repealed and the following substituted:

(7) For the purpose of this section, where the lender is the Crown, the minister shall be considered to have complied with this

section by forgiving, each month, the portion of the borrower's outstanding student loan that is equal to the payments that the minister is otherwise required to make under this section. 15. Subsection 12(9) of the regulations is repealed and the following substituted:

(9) If a student loan is forgiven under this section, the minister shall in a case where the loan is (

a) not owned by the Crown , pay the full amount, principal and interest, outstanding on the loan; and (

b) owned by the Crown , forgive the full amount, principal and interest, outstanding on the loan. 16. Subsection 12.01(10) of the regulations is repealed and the following substituted:

(10) If a student loan is forgiven under this section, the minister shall in a case where the loan is (

a) not owned by the Crown , pay the full amount, principal and interest, outstanding on the loan; and (

b) owned by the Crown , forgive the full amount, principal and interest, outstanding on the loan.

142 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Regulations (Amendment) 26/19 17.

(1) Subsections 12.1(1) and (2) of the regulations are repealed and the following substituted: 12.1

(1) Notwithstanding the interest rate applic able to a student loan under the terms of the student loan agreement, from August 1, 2007 to July 31, 2009 the interest rate in effect on any day for a debt owed to the Crown as a result of the Crown fulfilling the obligations of a borrower under that student loan agreement, shall be (

a) the prime rate on that day yearly; or (

b) after consolidation of a student loan under sec tion 5.8 and where requested by the borrower, the prime rate upon the date that the borrower made the request, plus 2.5% yearly.

(2) Notwithstanding the interest rate applicable to a student loan under the terms of the student loan agreement, after July 31, 2009 the interest ra te in effect on any day for a debt owed to the Crown as a result of the Crown fulfilling the obligations of a borrower under that student loan agreement, shall be 0%.

(2) Subsection 12.1(4) of the regulations is r epealed and the following substituted: (4) Subsections (1) and (2) shall not apply to debts owed to the Crown as a result of a judgment of the court. 18. These regulations come into force on August 1, 2019. ©Queen's Printer Debts collected by subrogation or under Act Commencement

143 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 27/19 Student Financial Assistance Administration Regulations (Amendment) under the Student Financial Assistance Act, 2019 (Filed April 11, 2019) Under the authority of

section 1 4 of the Student Financial Assistance Act, 2019, I make the following regulations. Dated at St. John’s, April 11, 2019. Bernard Davis Minister of Advanced Education, Skills and Labour REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.3 Amdt. Financial assistance eligibility 3. S.8 Amdt. Student Category 4. S.20 Admt. Financial assistance appeal 5. S.21 Amdt. Time limitation 6. S.25 Amdt. Appeal board decision 7. S.26 R&S Fees and charges 8. S.26.1 R&S Refunds of $10 or less 9. Commencement 1. Paragraph 2(

a) of the Student Financial Assistance Administration Regulations is repealed and the following substituted: NLR 106/03 as amended

144 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Administration Regulations (Amendment) 27/19 (a) "Act" unless the context indicates otherwise, means the Student Financial Assistance Act, 2019; 2. (1) Paragraphs 3(1)(f), (f.1) and (

g) o f the regulations are repealed and the following substituted: (

f) the person does not owe money to the Crown related to a student loan for which a judgment has not been obtained or is not in arrears on previous student loans under the federal Act, the Ac t, the Student Financial Assistance Act or the Student Assistance Act, for which a judg ment has not been obtained , unless the person has brought his or her student loan into good standing by making six consecutive payments in accordance with a repayment ar rangement approved by the minister and all interest accrued to a day, has been paid in full, or, in a case where a judg ment has been obtained, the judgment has been released; (f.1) the person does not owe money related to a student loan, for which a judgment has not been obtained, that is not owned by the Crown, unless the person has brought the student loan into good standing by making six consecutive payments in accordance with a repayment arrangement approved by the lender and all interest accrued to a day, has been paid in full, or, in a case where a judgment has been obtained, the judgment has been released; (

g) the person does not owe money with respect to a grant received by him or her under the Student Financial Assistance Act in force immediately before the Act; (2) Subsection 3(1.1) of the regulations is repealed and the following substituted:

(1.1) A student will be considered to have met the requirements of paragraph 3(1)(

f) if the student has complied fully with paragraph 16(1)(

d) of the Canada Student Financial Assistance Regulations, or, in the case where the student has made less than 6 of the payments required under paragraph 16(1)(

d) of the Canada Student Financial Assistance Regulations, then the number of required payments remaining under those regulations will be the number of payments required for compliance with paragraph 3(1)(

f) and in both

145 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Administration Regulations (Amendment) 27/19 cases all interest owing to the Crown related to a student loan accrued to a day, must be paid in full. 3. Paragraph 8(1)(

e) of the regulat ions is amended by deleting the reference "Department of Child, Youth and Family Services" and substituting the reference "Department of Children, Seniors and Social Development". 4. Subsection 20(2) of the regulations is repealed and the following substituted:

(2) The appeal board shall hear and consider an appeal made under subsection (1) not more than 6 weeks after its receipt of the appeal and shall notify the appellant in accordance with subsection 13(3) of the Act. 5. Paragraph 21(4)(

c) of the regulations is repealed and the following substituted: (

c) the appeal board shall hear and consider the appeal not more than 4 weeks after its receipt of the appeal and shall notify the appellant in accordance with subsection 13(3) of the Act. 6. Subsection 25(5) of the regulations is repealed and the following substituted:

(5) The appeal board shall provide a decision to the appellant in accordance with subsection 13(3) of the Act.

Section 26 of the regulations is repealed and the following substituted: 26. Where a borrower owes money to the Crown under a n agreement by subrogation or otherwise on account of financial assistance received by the borrower, that borrower shall pay the following charges (a) $35 for a dishonoured cheque provided to the Crown; (b) $15 for a late payment where the borrower has en tered into a repayment arrangement; Fees and charges

146 The Newfoundland and Labrador Gazette April 12, 2019 Student Financial Assistance Administration Regulations (Amendment) 27/19 (

c) an amount paid by the Crown to a lender to obtain fina ncial assistance documentation with respect to the borrower who received the financial assistance; and (

d) legal costs incurred by the Crown pursuant to a court action to collect a debt under this Act or Regulations or an amount for same paid to an agent collecting on behalf of the Crown.

Section 26.1 of the regulations is repeal ed and the following substituted: 26.1 Where an amount of $10 or less is ow ed to a borrow er by the Crown, that amount shall not be refunded to the borrower unless requested by him or her. 9. These regulations come into force on August 1, 2019. ©Queen's Printer Refunds of $10 or less Commencement

147 The Newfoundland and Labrador Gazette April 12, 2019 NEWFOUNDLAND AND LABRADOR REGULATION 28/19 Forest Fire Season Order, 2019 under the Forestry Act (Filed April 12, 2019) Under the authority of

section 97 of the Forestry Act, I make the following Order. Dated at St. John’s,April 11, 2019. Gerry Byrne Minister of Fisheries and Land Resources ORDER Analysis 1.

Short title 2. Forest fire season 1. This Order may be cited as the Forest Fire Season Order, 2019. 2. The forest fire season for 2019 shall be (

a) between the hour s of midnight on April 30, 2019 and midnight on September 30, 2019 on the island portion of the province; and (

b) between the ho urs of midnight on May 14, 2019 and midnight on September 30, 2019 on the Labrador por tion of the province. ©Queen's Printer

Short title Forest fire season

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 12, 2019 149 Index

PART I City of St.

John’s Act - Notice .....................................................................................................................................................123 Change of Names Act, 2009 - Notice ............................................................................................................................................124 Lands Act - Notice .........................................................................................................................................................................125 Trustee Act – Notices ....................................................................................................................................................................125

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Children, Youthand Families Act Proclamation bringing Act into force NLR 20/19 New Apr 12/17 p. 117 Indigenous Government or Organization Delegation Regulations NLR 21/19 New Apr 12/17 p. 119 Fishing Industry Collective Bargaining Act Fishing Industry Collective Bargaining Regulations, 2011 (Amdt) NLR 22/19 Amends NLR 5/11 s.3 Amdt.

Apr 12/17 p. 121 Forestry Act Forest Fire Regulations (Amdt) NLR 23/19 Amends CNLR 11/96 s.4 Amdt., s.5 R&S s.11 Amdt., s.12 Amdt s.13 Amdt. Apr 12/17 p. 123 Highway Traffic Act Accessible Parking Regulations NLR 24/19 R&S CNLR 1026/96 Apr 12/17 p. 127 Public Service Commission Act Public Service Commission Act

Schedule C Amendment Order, 2019 NLR 25/19 R&S NLR 119/18 Apr 12/17 p. 133 Student Financial Assistance Act, 2019 Student Financial Assistance Regulaations (Amdt) (In force August, 2019) NLR 26/19 Amends NLR 105/03 s.2 Amdt., s.5 Amdt. s.5.01 Amdt., s.5.2 Amdt. s.5.8 Amdt., s.5.09 Amdt. s.5.9 Amdt., s.5.10 Amdt s.5.11 Amdt., s.6 Amdt s.7 Amdt., s.10.1 Amdt. s.10.2 Amdt., s. 10.8 Amdt. s.12 Amdt., s12.01 Amdt. s.12.1 Amdt. Apr 12/17 p. 143

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 12, 2019

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION (Continued) Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Student Financial Assistance Act, 2019 Student Financial Assistance Administration Regulations (Amdt) NLR 27/19 New Apr 12/19 p. 143 Forestry Act Forest Fire Season Order, 2019 NLR 28/19 New Apr 12/19 P. 147 151

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2020-19-04
Type	gazette
Volume / chapter	printer gazette weekly issues 2019 nlg20190412
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b4b3636cf6c041edf173806b91af493d526ca50c

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