THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, WEDNESDAY, JANUARY 17, 2007 NEWFOUNDLAND AND LABRADOR REGULATIONS 11/07 12/07 13/07 14/07

Extraordinary Gazette 3 January 17, 2007 NEWFOUNDLAND AND LABRADOR REGULATION 11/07 Access to Information Regulations under the Access to Information and Protection of Privacy Act (O.C. 2007-014) (Filed January 17, 2007) Under the authority of

section 73 of the Access to Information and Protection of Privacy Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, January 17, 2007. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Disclosure of health infor- mation 4. Fee waiver 5. Designation of legislation 1. These regulations may be cited as the Access to Information Regulations. 2. In these regulations (a) "Act" means the Access to Information and Protection of Privacy Act; and

Short title

Definitions

Access to Information Regulations 11/0 7 Extraordinary Gazette 4 January 17, 2007 (b) "health care provider" means a medical practitioner, psy- chologist, registered nurse, nurse practitioner or social worker. 3.

(1) For the purpose of

section 26 of the Act, the head of a public body may disclose information relating to the mental or physical health of an applicant or other person to a health care provider for an opinion on whether disclosure of the information could reasonably be expected to result in grave and immediate harm to the safety or mental or physi- cal health of the applicant or the other person.

(2) A health care provider to whom information is disclosed under subsection (1) shall not disclose or use the information except for the purpose of that subsection, and shall return any records disclosed to him or her to the head of the public body after giving an opinion.

(3) The head of a public body may require a health care provider to whom information is disclosed under subsection (1) to (

a) enter into a confidentiality agreement; or (

b) examine the record containi ng the information on the prem- ises of the public body.

(4) The head of a public body may recommend that an applicant who makes a request for access to a record containing information relating to the applicant's mental or physical health should not examine the record until a health care provider or a member of the applicant's family is present to assist the applicant in understanding the informa- tion in the record. 4.

(1) At the applicant's request, the head of a public body may waive all or part of the fees paya ble under the Act where the head is satisfied that (

a) payment would impose an unreasonable financial hardship on the applicant; or (

b) the request for access relates to the applicant's own personal information and waiving the f ees would be reasonable and fair in the circumstances. Disclosure of health information Fee waiver

Access to Information Regulations 11/0 7 Extraordinary Gazette 5 January 17, 2007

(2) The head of the public body shall inform the applicant in writing as to the head's decision about waiving the fees either when access is granted or before it is granted. 5. For the purpose of subsection 6(2) of the Act, the following provisions shall prevail notwithstanding another provision of the Act or a regulation made under the Act: (a) subsection 62(2) of the Adoption Act; (b) subsection 9(4) of the Aquaculture Act; (c) subsections 5(1) and (4) of the Aquaculture Regulations; (

d) section 115 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labra- dor Act; (

e) sections 67 to 70 of the Child, Youth and Family Services Act; (

f) section 8.1 of the Evidence Act; (g) subsection 24(1) of the Fatalities Investigations Act; (h) subsection 5(1) of the Fish Inspection Act; (

i) section 4 of the Fisheries Act; (

j) sections 173, 174, 174.1 and 174.2 of the Highway Traffic Act; (

k) section 18 of the Lobbyist Registration Act; (

l) section 15 of the Mineral Act; (

m) section 16 of the Mineral Holdings Impost Act; (

n) section 15 of the Mining Act; (o) subsection 13(3) of the Order of Newfoundland and Labra- dor Act; Designation of legislation

Access to Information Regulations 11/0 7 Extraordinary Gazette 6 January 17, 2007 (

p) sections 153, 154 and 155 of the Petroleum Drilling Regula- tions; (

q) sections 53 and 56 of the Petroleum Regulations; (

r) sections 47 and 52 of the Royalty Regulations, 2003; (

s) section 12 and subsection 62(2) of the Schools Act, 1997; (

t) sections 19 and 20 of the Securities Act; (

u) section 13 of the Statistics Agency Act; and (

v) section 18 of the Workplace Health, Safety and Compensa- tion Act. ©Earl G. Tucker, Queen's Printer

Extraordinary Gazette January 17, 2007 7 NEWFOUNDLAND AND LABRADOR REGULATION 12/07 Proclamation re Writ of Election for the Electoral District of Port au Port (February 8, 2007) under the Elections Act, 1991and the House of Assembly Act (O.C. 2007-017) (Filed January 17 , 2007) 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. CLYDE K. WELLS Administrator CHRISTOPHER CURRAN Deputy Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS under the authority of

section 57 of the Elec- tions Act, 1991 (the "Act"), and pursuant to

section 54 of the House of Assembly Act, upon the occurrence of a vacancy by the resignation of the sitting member on the 12th. day of January, 2007, we are directed to issue a Writ of Election for the elec tion of a Member to the House of Assembly; AND

WHEREAS it is Our will and pleasure that a Writ of Election be issued for the Election of One Member to serve in the House of Assembly of Our Province of Newfoundland and Labrador for the Electoral District of Port au Port; NOW KNOW YE that We do by this Our Proclamation direct that a Writ of Election for the Electoral District of Port au Port be issued; AND WE DO further direct

Extraordinary Gazette January 17, 2007 8 1. That the date set to be the last day for nomination of candi- dates for the Election is Monday, the 29th. day of January, 2007; 2. That the place for the nomina tion of candidates is 60 West Street, Stephenville; 3. That the day of polling for the Election is Thursday, the 8th. day of February, 2007; and 4.

That the Writ of Election shall be issued on Wednesday, the 17th. day of January, 2007 and be returnable at the time and in the manner prescribed by Division E of the Act, together with the return of the person to whom the writ is directed endorsed thereon, and all other documents and other things required to be transmitted to the Chief Electoral Officer by virtue thereof.

IN WITNESS WHEREOF we have caused the Great Seal of Our province to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Chief Justice Clyde K. Wells, Administrator in and for Our Province of Newfoundland and Labrador. AT St. John's this 17th day of January, in the year of Our Lord two thousand and seven in the fifty-fifth year of Our Reign. BY COMMAND, JACK BRYNE Registrar General

Extraordinary Gazette January 17, 2007 9 NEWFOUNDLAND AND LABRADOR REGULATION 13/07 Proclamation re Writ of Election for the Electoral District of Kilbride (February 8, 2007) under the Elections Act, 1991and the House of Assembly Act (O.C. 2007-015) (Filed January 17 , 2007) 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. CLYDE K. WELLS Administrator CHRISTOPHER CURRAN Deputy Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS under the authority of

section 57 of the Elec- tions Act, 1991 (the "Act"), and pursuant to

section 54 of the House of Assembly Act, upon the occurrence of a vacancy by the resignation of the sitting member on the 1st. day of January, 2007, we are directed to issue a Writ of Election for the elec tion of a Member to the House of Assembly; AND

WHEREAS it is Our will and pleasure that a Writ of Election be issued for the Election of One Member to serve in the House of Assembly of Our Province of Newfoundland and Labrador for the Electoral District of Kilbride; NOW KNOW YE that We do by this Our Proclamation direct that a Writ of Election for the Electoral District of Kilbride be issued; AND WE DO further direct

Extraordinary Gazette January 17, 2007 10 1. That the date set to be the last day for nomination of candi- dates for the Election is Monday, the 29th. day of January, 2007; 2. That the place for the nomina tion of candidates is the Water- ford Lions Club, 306 Waterfordbridge Road, St. John’s; 3. That the day of polling for the Election is Thursday, the 8th. day of February, 2007; and 4.

That the Writ of Election shall be issued on Wednesday, the 17th. day of January, 2007 and be returnable at the time and in the manner prescribed by Division E of the Act, together with the return of the person to whom the writ is directed endorsed thereon, and all other documents and other things required to be transmitted to the Chief Electoral Officer by virtue thereof.

IN WITNESS WHEREOF we have caused the Great Seal of Our province to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Chief Justice Clyde K. Wells, Administrator in and for Our Province of Newfoundland and Labrador. AT St. John's this 17th day of January, in the year of Our Lord two thousand and seven in the fifty-fifth year of Our Reign. BY COMMAND, JACK BRYNE Registrar General

Extraordinary Gazette January 17, 2007 11 NEWFOUNDLAND AND LABRADOR REGULATION 14/07 Proclamation re Writ of Election for the Electoral District of Ferryland (February 8, 2007) under the Elections Act, 1991and the House of Assembly Act (O.C. 2007-016) (Filed January 17 , 2007) 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. CLYDE K. WELLS Administrator CHRISTOPHER CURRAN Deputy Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS under the authority of

section 57 of the Elec- tions Act, 1991 (the "Act"), and pursuant to

section 54 of the House of Assembly Act, upon the occurrence of a vacancy by the resignation of the sitting member on the 29th. day of December, 2006, we are directed to issue a Writ of Election for the election of a Member to the House of Assembly; AND

WHEREAS it is Our will and pleasure that a Writ of Election be issued for the Election of One Member to serve in the House of Assembly of Our Province of Newfoundland and Labrador for the Electoral District of Ferryland; NOW KNOW YE that We do by this Our Proclamation direct that a Writ of Election for the Electoral District of Ferryland be issued; AND WE DO further direct

Extraordinary Gazette January 17, 2007 12 1. That the date set to be the last day for nomination of candi- dates for the Election is Monday, the 29th. day of January, 2007; 2. That the place for the nomination of candidates is the Town Council Office, Main Road, Ferryland; 3. That the day of polling for the Election is Thursday, the 8th. day of February, 2007; and 4.

That the Writ of Election shall be issued on Wednesday, the 17th. day of January, 2007 and be returnable at the time and in the manner prescribed by Division E of the Act, together with the return of the person to whom the writ is directed endorsed thereon, and all other documents and other things required to be transmitted to the Chief Electoral Officer by virtue thereof.

IN WITNESS WHEREOF we have caused the Great Seal of Our province to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Chief Justice Clyde K. Wells, Administrator in and for Our Province of Newfoundland and Labrador. AT St. John's this 17th day of January, in the year of Our Lord two thousand and seven in the fifty-fifth year of Our Reign. BY COMMAND, JACK BRYNE Registrar General

13 ST. JOHN'S, WEDNESDAY, JANUARY 17, 2007 Index Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Access to Information and Protection of Privacy Act Access to Information NLR 11/07 new Jan 17/07 p. 3 Regulations Elections Act, 1991 and the House of Assembly Act Proclamation re: Writ NLR 12/ 07 new Jan 17/07 p. 7 of Election (Electoral District of Port au Port) Proclamation re: Writ NLR 13/ 07 new Jan 17/07 p. 9 of Election (Electoral District of Kilbride) Proclamation re: Writ NLR 14/ 07 new Jan 17/07 p. 11 of Election (Electoral District of Ferryland)