Newfoundland and Labrador Gazette, Part II — 29 June 2012, Vol. 87, No. 26 — Regulations NLR 55/12

NLG 2012-06-29

Newfoundland and Labrador — Gazette

241 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, FRIDAY, JUNE 29, 2012 No. 26 QUIETING OF TITLES ACT 2012 01G2739 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, RSNL 1990, cQ-3. NOTICE is hereby given to all parties that VINCENT and JILL SPENCER of P.O. Box 2086, Northern Arm, Newfoundland and Labrador, A0H 1E0 in the Province of Newfoundland and Labrador, have applied to the Supreme Court of Newfoundland and Labrador, Trial Division (General) in St.

John’s, to have title to all that piece or parcel of property situate at Northern Arm, Newfoundland and Labrador, in the electoral district of Exploits in the Province of Newfoundland and Labrador, which property is more particularly describe d in

Schedule “A” hereto annexed and shown in

Schedule “B” hereto annexed. ALL BEARINGS aforementioned for which VINCENT and JILL SPENCER claim to be the owner investigated and for a Declaration that they are the absolute owners in fee simple in possession and the said VINCENT and JILL SPENCER have been ordered to publish Notice of Application as required be the above named Act. All persons having title adverse to the said title claimed by the said VINCENT and JILL SPENCER shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division (Gener al) at St.

John’s particulars of such adverse claim and serve the same together with an Affidavit verifying same on th e undersigned Solicitors for the Applicants on or before the 13 th day of August, 2012 , 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 Supreme Court of Newfoundland and Labrador, Trial Division (General), at St. John’s may direct. DATED at St.

John’s in the Province of Newfoundland and Labrador, this 17th day of June 2012. NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2012 as enacted up to June 27, 2012.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 29, 2012 242 OWEN MYERS Barrister and Solicitor for the Applicant PER: Owen Myers ADDRESS FOR SERVICE: 50 Monkstown Road St. John’s, NL A1C 3T3 Tel: (709) 579-3321 Fax: (709) 579-2860

SCHEDULE “A” Surveyor: John Keith Renouf ALL that piece or parcel of land situate and being on the Northeast side of The Old High way (10.00 metres wide) at Northern Arm, Newfoundland and Labrador, in the electoral district of Expl oits, and being bounded and abutted as follow, that is to say: BEGINNING at a point on the West side of Northern Arm, Bay of Exploits, said point having coordinates of North 5 447 061.314 metres and East 349.200.731 metres in the Modified Three Degree Transverse Mercator Projection for the province of Newfoundland and Labrador, Zone Two; THENCE running by Crown Land, South 83°41' West, 10.770 metres; THENCE turning and running by the limit of The Old Highway (10.00 metres wide) along the arc of a counterclockwise curve having an arc length of 121.610 metres and a radius of 213.488 metres on a chord bearing and distance of, North 38°38'12'' West, 119.972 metres; thence North 57°15’05'' West, 74.375 metres; THENCE turning and running along the southern shoreline of Muddy Hole Brook, North 72°39'58'' East, 11.831 metres; THENCE turning and running along the southern shoreline of Muddy Hole, for a distance of plus-or-minus 261 metres, on a chord bearing and distance of North 85°58'06'' East, 209.151 metres; THENCE turning and running along the western shoreline of Northern Arm, Bay of Exploits, for a distance of plus-or- minus 193 metres, on a chord bearing and distance of South 25°25'13'' West, 161.177 metres; mo re or less, to the point of commencement, and containing an area of 7694.9 square metres, as shown on the attached plan, Job No. 11 NL0200 dated October 2011.

All bearings are Grid bearings referred to Grid North. All distances are horizontal ground distances.

SCHEDULE “B” June 22 & 29

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 29, 2012 243 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF MARYSTOWN MUNICIPAL PLAN AMENDMENT NO. 20, 2012 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 28, 2012 TAKE NOTICE that the TOWN OF MARYSTOWN Municipal Plan Amendment No. 20, 2012 and Development Regulations Amendment No. 28, 2012 as adopted on the 20 th day of March, 2012 and approved on the 1 st day of May, 2012, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of the Municipal Plan Amendment No. 20 and Development Regulati ons Amendment No. 28 is to accommodate residential development off Villa Marie Drive by redesignating and rezoning a pa rcel of land from Rural to Residential. The Municipal Plan Amendment No. 20, 2012 and Development Regulations Amendment No. 28, 2012 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Marystown Municipal Plan Amendment No. 20, 2012 and Development Regulations Amendment No. 28, 2012 may do so at the Marystown Town Office during normal working hours. TOWN OF MARYSTOWN Dennis Kelly, Town Clerk June 29 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE of MONA HUNT, late of the Town of Stephenville, in th e Province of Newfoundland and Labrador, deceased: February 4th, 2012.

All persons claiming to be credit ors of or who have any claims or demands upon or affecting th e Estate of MONA HUNT, late of the Town of Stephenville, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 3rd day of August, 2012, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newf oundland and Labrador, this 26 th day of June, 2012. ROXANNE PIKE LAW OFFICE Solicitor for the Executor PER: Roxanne Pike ADDRESS FOR SERVICE P. O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 Tel: (709) 643-6436 Fax: (709) 643-9343 June 29 ESTATE NOTICE IN THE MATTER of the Estate of KATHLEEN (KAY) TAPPER of Torbay, in the Province of Newfoundland and Labrador, deceased. All persons claiming to be creditors of KATHLEEN (KAY) TAPPER who have any claims or demands upon or affecting the Estate of KATHLEEN (KAY) TAPPER, late of Torbay, deceased, who died at St.

John’s, on or about the 26 th day of March, 2012, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitors for the Executor of the Estate and Effects of the deceased on or before the 31st day of July, 2012 after which date the said Executor will proceed to distribute the said Estate and Effects having regard only to the claims of which the Executor shall then have had notice. DATED at St. John's, Newfoundland and Labrador, this 26 th day of June, 2012.

FRAIZE LAW OFFICES Solicitors for the Executor of the Estate and Effects of KATHLEEN (KAY) TAPPER, Deceased PER: Thomas W. Fraize, Q.C. ADDRESS FOR SERVICE: P. O. Box 5217, Stn. C 268 Duckworth Street St. John's, NL A1C 5W1 Tel: (709) 726-7978 Fax: (709) 726-8201 June 29

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, FRIDAY, JUNE 29, 2012 No. 26 NEWFOUNDLAND AND LABRADOR REGULATION NLR 55/12

The Newfoundland and Labrador Gazette June 29, 2012 779 NEWFOUNDLAND AND LABRADOR REGULATION 55/12 Registration of Deeds Regulations (Amendment) under the Registration of Deeds Act, 2009 (Filed June 27, 2012) Under the authority of

section 38 of the Registration of Deeds Act, 2009, I make the following regulations. Dated at St. John’s, June 8, 2012. Paul Davis Minister of Service Newfoundland and Labrador REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.3 R&S Electronic submission 3. S.4 R&S Priority of registration 4. S.5 R&S Group of instruments or no- tices of instruments or both 5. S.6 Amdt. Requirements on authorized users 6. S.7 Amdt. Category of persons 7. S.8 Amdt. Licensed users 8. S.10 Amdt. Notice of mortgage 9. S.11 R&S Errors in registration details 10. S.12 R&S Paper format registration 11. S.14 R&S Admissibility of documents 12. Commencement

Registration of Deeds Regulations (Amendment) 55/12 The Newfoundland and Labrador Gazette June 29, 2012 780 1.

(1) Paragraph 2(

a) of the Registration of Deeds Regulations is repealed and the following substituted: (a) "authorized user" means a pe rson within the prescribed cate- gory of persons who is approved under subsection 9(3) of the Act to file instruments and notices of instruments elec- tronically using the CADO system;

(2) Paragraph 2(

c) of the regulations is repealed and the following substituted: (c) "division" means the Commercial Registrations Division of Service Newfoundland and Labrador;

(3) Paragraph 2(

d) of the regulations is repealed and the following substituted: (d) "electronic submission" mean s submission of an instrument or notice of instrument for registration using the CADO sys- tem;

(4) Paragraph 2(

e) of the regulations is repealed and the following substituted: (e) "RAF" means a Registration Application Form which is an application form for registration as required by paragraph 23(2)(

d) or 23(3)(

a) of the Act.

Section 3 of the regulations is repealed and the following substituted: 3.

(1) An authorized user may, to the extent permitted by CADO and upon providing the information required by the Act and these regu- lations, register an instrument or notice of instrument by electronic submission, if it is an instrument or notice of instrument that may be registered under the Act.

(2) An authorized user may e ffect electronic submission of an instrument by (

a) electronic submission of all of the following (

i) the completed RAF, NLR 110/10 as amended Electronic submis- sion

Registration of Deeds Regulations (Amendment) 55/12 The Newfoundland and Labrador Gazette June 29, 2012 781 (ii) a scanned copy of the duly executed original instrument, (iii) a scanned copy of another instrument that may be re- quired; and (

b) remitting the required fee.

(3) An authorized user may e ffect electronic submission of a notice of instrument by (

a) electronic submission of (

i) the completed RAF, and (ii) a scanned copy of the legible written description of the property, where applicable; and (

b) remitting the required fee.

(4) An authorized user shall ensure that all information entered for the purpose of electronic submission of an instrument or notice of instrument is entered in accordance with data entry rules as set by the registrar.

(5) Notwithstanding subsection (1), an instrument or notice of instrument greater than 8 1/2 inches x 14 inches in size shall be filed with the registry in paper format.

Section 4 of the regulations is repealed and the following substituted: 4.

(1) An instrument or notice of instrument submitted is consid- ered to be registered on the date and at the time when the document is submitted, provided it meets compliance.

(2) An instrument or notice of instrument electronically submit- ted will be reviewed for compliance by the registry and where an in- strument or notice of instrument is rejected for non-compliance by the registry, the instrument or notice of instrument will be returned to the authorized user.

(3) Notwithstanding subsection (1), an instrument or notice of instrument returned under subsection (2) shall be given a new registra- Priority of registra- tion

Registration of Deeds Regulations (Amendment) 55/12 The Newfoundland and Labrador Gazette June 29, 2012 782 tion date and time when it has been resubmitted by the authorized user and will, subject to a review under s ubsection (2), be considered to be registered at that time provided it meets compliance.

(4) An instrument or notice of instrument that, in error, is reject- ed by the registry for non-compliance will be considered to be regis- tered when it has been resubmitted by the authorized user.

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

(1) Where an authorized user electronically submits a group to be registered in a particular sequence, the authorized user is responsible for ensuring that each instrument or notice of instrument in the group is registered in the proper order.

(2) If an instrument or notice of instrument in the group submit- ted under subsection (1) is rejected for non-compliance by the registry, then that group shall be rejected.

(3) Each instrument or notice of instrument in a group is consid- ered separate and a fee is payable for each instrument or notice of in- strument.

(4) Notwithstanding subsection 3(1), a group that has more than 5 instruments or notices of instruments or both shall be filed with the registry in paper format.

(5) For the purpose of this section, a group means a group of instruments, notices of instruments or both. 5. Subsection 6(2) of the regulations is repealed and the follow- ing substituted:

(2) The registrar may require an authorized user to submit in- formation and electronic images in a specific format. 6. (1) Subsection 7(1) of th e regulations is repealed and the following substituted: 7.

(1) The registrar may approve the following categories of per- sons for electronic subm ission of instruments and notices of instru- ments Group of instru- ments or notices of instruments or both Category of persons

Registration of Deeds Regulations (Amendment) 55/12 The Newfoundland and Labrador Gazette June 29, 2012 783 (

a) a practicing member of the Law Society of Newfoundland and Labrador; (

b) a law firm as defined in the Law Society Act, 1999; (

c) a chartered bank, trust company, credit union or other recog- nized financial institution; (

d) a title insuring firm; (

e) a department of a municipal, the provincial or federal gov- ernment; and (

f) other organizations that demonstrate to the satisfaction of the registrar a legitimate need for electronic submission of in- struments or notices of instruments. (2) Subsection 7(3) of the regulations is repealed and the following substituted:

(3) An authorized user is responsible for the creation, quality and completeness of the RAF and any image that is electronically sub- mitted.

(3) Section 7(4) of the regula tions is repealed and the follow- ing substituted:

(4) An authorized user who elect ronically submits an instrument or notice of instrument shall retain the original or a true copy of the executed instrument and shall make it available for review by the regis- trar upon request. 7. Subsection 8(1) of the regulations is amended by deleting the word "instruments" and substituting the words "instruments and notices of instruments". 8. Subsection 10(1) of the regul ations is repealed and the fol- lowing substituted: 10.

(1) A notice of mortgage referred to in paragraph 7(1)(

e) of the Act Notice of mortgage

Registration of Deeds Regulations (Amendment) 55/12 The Newfoundland and Labrador Gazette June 29, 2012 784 (

a) shall have a legible written description of the property at- tached; (

b) shall contain information with respect to all of the following (

i) the consideration, (ii) the instrument date, (iii) the location of the property; (

c) may have supporting affidavits attached; and (

d) may contain information with respect to a related registered instrument or notice of instrument.

Section 11 of the regulations is repealed and the following substituted: 11. Where a person submits an instrument or notice of instrument and becomes aware of an error in th e registration details of the instru- ment or notice of instrument, that person shall file an amendment in a form acceptable to the registrar.

Section 12 of the regulations is repealed and the following substituted: 12.

(1) An instrument that is submit ted in paper format for registra- tion shall be accompanied by the required RAF and the RAF shall be accurately completed and legible.

(2) A notice of instrument that is submitted in paper format for registration shall be provided on the required RAF and the RAF shall be accurately completed and legible.

(3) Information set out in the RAF will be the only information used for the purpose of recording registration particulars.

(4) An instrument submitted in paper format shall be an origi- nal. Errors in registra- tion details Paper format registration

Registration of Deeds Regulations (Amendment) 55/12 The Newfoundland and Labrador Gazette June 29, 2012 785

(5) When a person submits a no tice of instrument for registra- tion in paper format, that person is certifying that he or she has seen the original instrument, with the original signatures.

(6) A person who submits a notice of instrument for registration in paper format shall retain the original or a true copy of the executed instrument and shall make it available for review by the registrar upon request.

Section 14 of the regulations is repealed and the following substituted: 14. A copy of a registered instrument or notice of instrument certi- fied by the registrar is admissible in evidence in a c ourt proceeding to the same extent as the original would have been admissible. 12. These regulations come in to force on July 1, 2012. ©William E. Parsons, Queen's Printer Admissibility of documents Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 29, 2012 787 Index

PART I Quieting of Titles Act – Notice .................................................................................................................................................... 241 Trustee Act – Notices ........................................................................................................ .......................................................... 243 Urban and Rural Planning Act, 2000 – Notice ............................................................................................................................. 243

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. Registration of Deeds Act, 2009 Registration of Deeds NLR 55/12 Amends June 29/12 p. 779 Regulations (Amdt.) NLR 110/10 (In force July 1, 2012) S.2 Amdt. S.3 R&S S.4 R&S S.5 R&S S.6 Amdt. S.7 Amdt. S.8 Amdt. S.10 Amdt. S.11 R&S S.12 R&S S.14 R&S

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 29, 2012 788 The Newfoundland and Labrador Gazette is published from the office of William E. Parsons, Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PD F format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, sepa rate from covering letter. Number of inser tions required must be stated and the name s of all signing officers typewritten or printed.

Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca. Advertising rates are available upon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made pa yable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. B ox 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649.

Fax: (709) 729-1900. Web Site: http://www.gs.gov.nl.ca/printer/index.html Place your order by contacting: Office of The Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 email: queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.

STATUTES OF NEWFOUNDLAND AND LABRADOR 2012 First Session, 47th General Assembly 61 Elizabeth II, 2012 Bill Act

Chapter 2 Interim Supply Act, 2012 1 (ASSENTED TO MARCH 21, 2012) 12 Pharmaceutical Services (Amendment) Act 2 (ASSENTED TO MARCH 30, 2012) 16 Supply Act, 2012 3 (ASSENTED TO JUNE 1, 2012) 3 Enduring Powers of Attorney (Amendment) Act (To be Proclaimed) 4 * 4 Income Tax (Amendment) Act, 2000 (Considered in force Jan. 1/11) 5 5 Revenue Administration (Amendment) Act 6 6 Consumer Protection and Business Practices (Amendment) Act (In force 3 months after receiving the Royal Assent) 7 7 Provincial Court (Amendment) Act, 1991 8 8 Family Violence Protection (Amendment) Act 9 9 Municipalities (Amendment) Act, 1999 and Urban and Rural Planning (Amendment) Act, 2000 10 10 Interjurisdictional Support Orders (Amendment) Act 11 11 Liquor Control (Amendment) Act 12 13 Schools (Amendment) Act, 1997 13

2 Bill Act

Chapter 14 Registration of Deeds (Amendment) Act, 2009 (In force Jul. 1/12) 14 15 Student Financial Assistance (Amendment) Act (In force Aug. 1/12) 15 17 Service Animal Act S-13.02 18 Legal Aid (Amendment) Act 16 19 Highway Traffic (Amendment) Act 17 20 Works, Services and Transportation (Amendment) Act (To be Proclaimed) 18 21 Rail Service (Amendment) Act, 2009 19 22 Aquaculture (Amendment) Act 20 23 Labrador Inuit Land Claims Agreement (Amendment) Act (To be Proclaimed) 21 24 Obsolete Actions Extinguishment Act 22 25 Optometry Act, 2012 (In force Aug. 31/112) O-7.02 26 Consumer Protection and Business Practices (Amendment) Act No. 2 (In force Dec. 1/09) 23 27 Personal Services Act (To be Proclaimed) P-7.2 28 Psychologists (Amendment) Act, 2005 (In force Oct. 31/12) 24 29 Access to Information and Protection of Privacy (Amendment) Act 25 30 City of St.

John's (Amendment) Act and City of St. John's Municipal Taxation (Amendment) Act (Ss.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15 and 17 in force Jan. 1/13) 26 33 Fatalities Investigations (Amendment) Act (To be proclaimed) 27

3 Bill Act

Chapter 34 Assessment (Amendment) Act, 2006 (In force September 1, 2012) 28 35 Municipal Affairs (Amendment) Act (In force when SNL2012 cR-8.1 comes into force) 29 36 Regional Service Boards Act, 2012 R-8.1 * 37 Labour Relations (Amendment) Act (S.13 to be Proclaimed) 30 * 38 Public Service Collective Bargaining (Amendment) Act No. 2 (S.2 to be Proclaimed) 31 (ASSENTED TO JUNE 27, 2012) * Bills amended in Committee of the Whole House. In researching the law readers should note that the following Statutes of Newfoundland and Labrador, 2012 include amendments to other Statutes as listed below:

Chapter 25 Access to Information and Protection of Privacy (Amendment) Act Auditor General Act

Chapter 4 Enduring Powers of Attorney (Amendment) Act - (To be proclaimed) Public Trustee Act, 2009

Chapter 27 Fatalities Investigations (Amendment) Act - (To be proclaimed) Child and Youth Advocate Act Evidence Act

Chapter 11 Interjurisdictional Support Orders (Amendment) Act Support Orders Enforcement Act

Chapter 30 Labour Relations (Amendment) Act - (S.13 to be Proclaimed) Fishing Industry Collective Bargaining Act

Chapter 10 Municipalities (Amendment) Act, 1999 and Urban and Rural Planning (Amendment) Act, 2000 City of Corner Brook Act City of Mount Pearl Act City of St. John's Act

Chapter 22 Obsolete Actions Extinguishment Act Evidence Act Jury Act, 1991 Small Claims Act Survival of Actions Act

Chapter O-7.02 Optometry Act, 2012 - (In force Aug. 31/12) Dispensing Options Act, 2005 Highway Traffic Act Optometry Act, 2004 (Repealed) Personal Health Information Act Pharmacy Act Pharmaceutical Services Act

Chapter P-7.2 Personal Services Act - (To be Proclaimed) Provincial Offences Ticket Regulations, 1999

Chapter R-8.1 Regional Service Boards Act, 2012 Regional Service Boards Act (Repealed)

Chapter S-13.02 Service Animal Act Blind Persons' Rights Act (Repealed) This list was prepared by the Office of the Legislative Counsel. Questions or omissions should be brought to the attention of that Office. Office of the Legislative Counsel Department of Justice Government of Newfoundland and Labrador 4th Floor East Block, Confederation Building P.O. Box 8700 St. John's, NL A1B 4J6 F 729.729.2129 legcounsel@gov.nl.ca www.assembly.nl.ca/legislation/

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2012-06-29
Type	gazette
Volume / chapter	printer gazette weekly issues 2012 nlg120629
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	baabe2db6fad7fc62117d633e0f02507a41fc325

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