Newfoundland and Labrador Gazette, Part I — 2 November 2012, Vol. 87, No. 44 — Urban and Rural Planning Act Notice of Registration; Lien Act Notice

NLG 2012-11-02

Newfoundland and Labrador — Gazette

417 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, FRIDAY, NOVEMBER 2, 2012 No. 44 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF GANDER MUNICIPAL PLAN AMENDMENT NO. 1, 2012 DEVELOPMENT REGULATIONS AMENDMENT NO. 3, 2012 TAKE NOTICE that the TO WN OF GANDER Municipal Plan Amendment No. 1, 2012 and Development Regulations Amendment No. 3, 2012, adopted on the 13 th day of June 2012, and approved on the 26 th day of September, 2012, has been regi stered by the Minister of Municipal Affairs.

In general terms, the pu rpose of Municipal Plan Amendment No. 1, 2012 and Development Regulations Amendment No. 3, 2012 is to re-zone a parcel of land at the rear of Raynham Avenue from Comprehensive Development Area and Open Space Conservation to Residential Medium Density. The Municipal Plan Amendment No. 1, 2012 and Development Regulations Amendment No. 3, 2012 shall 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 these amendments may do so at the Town Office, Gander during normal working hours. (8:30 am to 4:30 pm) TOWN OF GANDER John Boland, Planning and Control Technician Nov 2 NOTICE OF REGISTRATION TOWN OF GANDER MUNICIPAL PLAN AMENDMENT NO. 2, 2012 DEVELOPMENT REGULATIONS AMENDMENT NO. 4, 2012 TAKE NOTICE that the TO WN OF GANDER Municipal Plan Amendment No. 2, 2012 and Development Regulations Amendment No. 4, 2012, adopted on the 4 th day of July 2012, and approved on the 26 th day of September, 2012, has been regi stered by the Minister of Municipal Affairs.

In general terms, the pu rpose of Municipal Plan Amendment No. 2, 2012 and Development Regulations Amendment No. 4, 2012 is to re-align the zoning boundaries of a future Reside ntial Medium Density (RMD) zone between Ogilvie Street and Carr Crescent. A small Commercial Local (CL) zone will also be relocated within this perimeter. The Municipal Plan Amendment No. 2, 2012 and Development Regulations Amendment No. 4, 2012 shall 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 these amendments may do so at the Town Office, Gander during normal working hours. (8:30 am to 4:30 pm) TOWN OF GANDER John Boland, Planning and Control Technician Nov 2

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2012 418 NOTICE OF REGISTRATION TOWN OF WHITBOURNE MUNICIPAL PLAN AMENDMENT #8, 2012 & DEVELOPMENT REGULATION AMENDMENT #8, 2012 TAKE NOTICE that the TOWN OF WHITBOURNE Municipal Plan Amendment #8, 2012 and Development Regulation Amendment #8, 2012 as approved by Council on the 19 th of September, 2012, has been registered by the Minister of Municipal Affairs.

Municipal Plan Amendment #8 is an amendment to the Future Land Use Map to re-designate land, that is not already designated for Residential purposes, south of the Old Railway Line, east of Junction Pond, west of Bethune’s Pond and south to the Whitbourne Municipal Boundary from the Rural/Resource Land use Class to the Residential Land Use Class. Development Regulation #8 is an amendment to the Land Use Zoning Map re-zoning the same land from the Comprehensive Development Area (CDA) and Rural/Resource (RU) Zones to the Residential Low Density (R3) Zone.

The Municipal Plan Amendment #8, 2012 and Development Amendment #8, 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 Whitbourne Municipal Plan Amendment #8, 2012 and Development Regulation Amendment #8, 2012 may do so at the Town Office, in Whitbourne during regular business hours. TOWN OF WHITBOURNE Crystal Peddle, Town Clerk Nov 2 MECHANICS’ LIEN ACT NOTICE OF INTENTION TO RELEASE MECHANICS’ LIEN HOLDBACK PURSUANT TO

SECTION 12 OF THE MECHANICS’ LIEN ACT, RSNL1990 cM-3 (THE “ACT”) PURSUANT TO

section 12 of the Act, and in relation to a contract A4VI-90-CG0011 entered into between VALE NEWFOUNDLAND AND LABRADOR Limited and Mammoet Hunts Atlantic Ltd. which contract is dated as of July 26 th, 2010, notice is hereby given of the intention of VALE NEWFOUNDLAND AND LABRADOR LIMITED, to the release of mechanics’ lien holdback funds 30 days following the date of this notice. Dated at St. John’s, NL, this 8 th day of October 2012. FLUOR CANADA LIMITED Troy Gilson, Project Contracts Manager (acting as Agent for Vale NL Limited) Oct 12, 19, 26 & Nov 2 NOTICE OF INTENTION TO RELEASE MECHANICS’ LIEN HOLDBACK PURSUANT TO

SECTION 12 OF THE MECHANICS’ LIEN ACT, RSNL1990 cM-3 (THE “ACT”) PURSUANT TO

section 12 of the Act, and in relation to a contract A4VI-10-CG0028 entered into between VALE NEWFOUNDLAND AND LABRADOR LIMITED and Capital Ready Mix Limited which contract is dated as of February 8 th, 2010, notice is hereby given of the intention of VALE NEWFOUNDLAND AND LABRADOR LIMITED, to the release of mechanics’ lien holdback funds 30 days following the date of this notice. Dated at St. John’s, NL, this 10 th day of October, 2012. FLUOR CANADA LIMITED Troy Gilson, Project Contracts Manager (acting as Agent for Vale NL Limited) Oct 19, 26, Nov 2 & 9 NOTICE OF INTENTION TO RELEASE MECHANICS’ LIEN HOLDBACK PURSUANT TO

SECTION 12 OF THE MECHANICS’ LIEN ACT, RSNL1990 cM-3 (THE “ACT”) PURSUANT TO

section 12 of the Act, and in relation to a contract A4VI-10-CB0007 entered into between VALE NEWFOUNDLAND AND LABRADOR LIMITED and H.J. O’Connell Limited which contract is dated as of February 03 rd, 2010, notice is hereby given of the intention of VALE NEWFOUNDLAND AND LABRADOR LIMITED, to the release of mechanics’ lien holdback funds 30 days following the date of this notice. Dated at St. John’s, NL, this 12th day of October, 2012. FLUOR CANADA LIMITED Troy Gilson, Project Contracts Manager (acting as Agent for Vale NL Limited) Oct 19, 26, Nov 2 & 9

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2012 419 CHANGE OF NAME ACT, 2009 Nov 2

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2012 420 QUIETING OF TITLES ACT 2012 06G 0149 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (General) NOTICE OF APPLICATION under the Quieting of Titles Act, cQ-3, of the RSNL 1990 NOTICE IS HEREBY given to all parties that J. PETER PICKERSGILL and LISA RAE PICKERSGILL, of Salvage, in the District of Terra Nova, in the Province of Newfoundland and Labrador, have applied to the Supreme Court, Trial Division, Grand Bank, to have title to all that piece or parcel of property situate at Salvage, 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 J. PETER PICKERSGILL and LISA RAE PICKERSGILL claim to be the owners inves tigated and for a Declaration that they are the absolute owners in fee simple in possession and the said J. PETER PICKERSGILL and LISA RAE PICKERSGILL have been ordered to public Notice of Application as required by the above named Act. All persons having title adverse to the said title claimed by the said J.

PETER PICKERSGILL and LISA RAE PICKERSGILL shall file in the Registry of the Supreme Court of Newfoundland and La brador, Trial Division, Grand Bank, particulars of su ch adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitors for the Petitioner on or before the 1 st day of December, 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, Trial Division, Grand Bank, may direct. DATED AT Clarenville, in the Province of Newfoundland and Labrador, this 4 th day of October, 2012. MILLS PITTMAN LAW OFFICES Solicitors for the Applicants PER: Corwin Mills, Q.C ADDRESS FOR SERVICE: 111 Manitoba Drive Suite 201 Clarenville, NL A5A 1K2 Tel: (709) 466-2641 Fax: (709) 466-7109

Schedule "A" J. PETER & LISA PICKERSGILL Salvage, NL ALL THAT piece or parcel of land situate and being at the southern extent of a Reserved Road at Salvage, in the electoral district of Terra Nova, Newfoundland and Labrador and being bound and abutted as follows: BEGINNING at a point, said point being a capped iron pin set in the southwest corner of land herein described and having Coordinates of North 5394978.040 metres and East 257462.330 metres of the Three Degrees Modified Transverse Mercator Projection for the province of Newfoundland and Labrador.

THENCE running by Crown land N 36°35'09" W 10.003 metres; N 47°28'27" E 20.917 metres; N 35°51'31" E 40.467 metres; THENCE running through a Reserved Road (3.7 metres wide) S 36°52'10" E 26.489 metres; THENCE running by Crown land N 50°31'54" E 27.750 metres; THENCE running along the shoreline of The Waters of Salvage Harbour (Salt Water Pond) S 41°30'43" E 30.019 metres; S 36°29'49" W 25.910 metres; S 09°42'21" E 17.836 metres; S 09°20'22" W 18.104 metres; THENCE running along the shoreline of The Waters of Salvage Harbour S 74°02'52" W 24.600 metres; N 66°15'23" W 20.052 metres; N 40°04'24" W 29.739 metres; N 76°44'44" W 14.254 metres, more or less to the point of beginning.

Reserving, nevertheless, out the above described parcel, a Reserved Road (3.7 metres wide) that runs through the centre of said parcel and is as shown on the attached plan. The above described parcel co ntains an area 4594 square metres, more or less, and is more particularly shown on the attached plan dated March 19, 2012. All Bearings being referred to Grid North (NAD 83) with a Central Meridian of Fifty Three Degrees. ( Plan # 2012- 3350 )

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2012 421 Nov 2

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2012 422 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Private Effects of late DOROTHY LILLIAN STUCKLESS of the Town of Twillingate, in the Province of Newfoundland and Labrador, Retired Person, Deceased.

ALL PERSONS claiming to be creditors of or who have any claims or demands upon or affecting the Estate of DOROTHY LILLIAN STUCKLESS, the aforesaid deceased, who died at Town of Twillingate, in the Province of Newfoundland and Labrador on or about the 22 nd day of October, 2011, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 9 th day of November, 2012 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 19 th day of October, 2012. BONNELL LAW Solicitor for the Executor PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Oct 26 & Nov 2

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, FRIDAY, NOVEMBER 2, 2012 No. 44 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 85/12 NLR 86/12

The Newfoundland and Labrador Gazette 1137 November 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 85/12 Waste Management Regulations, 2003 (Amendment) under the Environmental Protection Act (O.C. 2012-288) (Filed October 31, 2012) Under the authority of

section 111 of the Environmental Protec- tion Act, the Lieutenant-Governor in Council makes the following regu- lations. Dated at St. John’s, October 31, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Part V Added

PART V ELECTRONIC WASTE 31.18

Definitions 31.19 Registration required 31.20 Restriction on supply of electronic products 31.21 Appointment of an agent 31.22 Transitional registration requirements 31.23 Contents of electronic products stewardship plan 31.24 Approval or imposition of plan 31.25 Amendment by board 31.26 Compliance required 31.27 Renewal of electronic product stewardship plan 31.28 Annual report and other information 31.29 Consumer information 31.30 Fees

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1138 November 2, 2012 31.31 Remittance of fees, imposition of interest 31.32 Use of fees and interest 31.33 Management and disposal of e-waste 1. The Waste Management Regulations, 2003 are amended by adding immediately after

section 31.17 the following:

PART V ELECTRONIC WASTE 31.18 In this Part (a) "agent" means a corporation appointed by a brand owner to act as an agent of behalf of the brand owner; (b) "brand owner", with respect to an electronic product sold, offered for sale or otherwise distributed in or into the prov- ince, means (

i) a manufacturer of an electronic product, (ii) a distributor of an electronic product in or into the prov- ince, (iii) an owner or licensee of the intellectual property rights to an electronic product, or (iv) where an electronic produ ct is imported into the prov- ince, the first person to sell the electronic product in the province; (c) "consumer" means a person who owns or uses electronic products, and includes (

i) a business, (ii) a not-for-profit organization, (iii) a school, and (iv) a department of the government of the province; NLR 59/03 as amended

Definitions

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1139 November 2, 2012 (d) "dispose", with respect to electronic waste, means the final disposition of unwanted electronic material in a facility ap- proved by the minister after the steps referred to subsection 31.33(1) have been pursued; (e) "e-waste" means an electronic product that is no longer used or required by a consumer; (f) "electronic product" means an electronic product whether intended for consumer, industrial or commercial use, and in- cludes (

i) a television, (ii) a desktop, laptop and notebook computer, including a central processing unit, keyboard, mouse and associated cables, (iii) a computer monitor, (iv) a computer desktop printer, including a desktop printer that has scanning or fax capabilities, or both, (

v) a desktop scanner, (vi) an audio and video playback and recording system, (vii) a telephone or fax machine, (viii) a cell phone and other wireless communication device but does not include a factory-installed communication device developed for embedded use in motor vehicles, and (ix) those other electronic products designated by the board; (g) "electronic product stewar dship program" means a program that (

i) establishes a process for the collection, transportation, recycling and, where no further options exist, disposal of any residual components of e-waste, and

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1140 November 2, 2012 (ii) incorporates the principl es of extended producer respon- sibility; (h) "recover", with respect to an electronic product, means a method of processing that product so that it may be convert- ed into transferable energy; (i) "recycle", with respect to e- waste, means to process it into a useable electronic product; (j) "reduce" means to reduce the negative environmental im- pacts of an electronic product; (k) "retailer" means a person who sells or offers for sale elec- tronic products in the province to a consumer; (l) "return collection facility" m eans a place operated by or on behalf of a brand owner for the collection of e-waste; (m) "return collection method" includes (

i) a mail or ship back return program, (ii) agreements with local governments or regulatory au- thorities which have agreed to provide facilities for the collection of e-waste, (iii) collection events, (iv) any combination of the return collection methods re- ferred to in subparagraphs (

i) to (iii) which effectively provides for the acceptance of e-waste through means that are available to and reasonably convenient for con- sumers; and (n) "reuse", with respect to e- waste, means to process that e- waste so that it is capable of being used by a consumer as an electronic product. 31.19

(1) A brand owner shall apply to the board for registration as a brand owner. Registration re- quired

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1141 November 2, 2012

(2) A brand owner shall submit an electronic product steward- ship plan with its application for registration for the approval of the board.

(3) Where the board has received (

a) an application for regist ration by the brand owner; and (

b) an electronic product stewardship plan as required under

section 31.23 which is satisfactory to the board, the board shall register a brand owner and may prescribe terms and conditions in the registration. 31.20

(1) A brand owner shall not sell, offer for sale or distribute elec- tronic products to a person in the province unless the brand owner holds a valid registration under these regulations.

(2) A retailer or wholesaler sha ll not sell, offer for sale or oth- erwise distribute an electronic product in or into the province unless the brand owner from whom the product was acquired holds a valid regis- tration under these regulations. 31.21

(1) A brand owner may appoint an agent to carry out its duties under these regulations.

(2) An agent may, on behalf of a brand owner, register with the board under these regulations as if the agent were the brand owner, and a registered agent shall comply with the requirements of these regula- tions as if the agent were the brand owner.

(3) An agent may act on behalf of one or more brand owners.

(4) Before the agent begins to carry out the duties of a brand owner, the brand owner shall notify the board in writing that it has appointed an agent and specify the duties that the agent will perform on behalf of the brand owner.

(5) An agent shall (

a) before that agent begins to carry out duties on behalf of a brand owner, confirm in writing to the board the duties un- Restriction on supply of electronic products Appointment of an agent

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1142 November 2, 2012 der these regulations that the agent will perform on behalf of the brand owner; and (

b) carry out the duties the agent has undertaken to perform. 31.22

(1) A brand owner who is selling, offering for sale or distrib- uting electronic products within the province immediately before the coming into force of this Part shall submit an application to the board for registration within 120 days of the coming into force of this Part.

(2) The board may refuse to register or may suspend the regis- tration of a brand owner if the brand owner does not submit an elec- tronic product stewardship plan w ithin the period of time specified under subsection (1).

(3) Notwithstanding

section 31.19, a brand owner referred to in subsection (1) may continue selling, offering for sale or distributing electronic products within the province until the board renders a deci- sion with respect to the brand owner's application for registration.

(4) Where the board denies the application of a brand owner under this section, that brand ow ner shall, when it receives written notice that the board has denied its application, immediately cease sell- ing, offering for sale or distributing electronic products. 31.23 An electronic product stewardship plan shall provide for the following: (

a) the collection of e-waste in the province, including the col- lection of the e-waste of other brand owners through an elec- tronic stewardship program; (

b) the management of e-waste in adherence with the following, in order of preference: (

i) reuse, (ii) recycle, (iii) recover, and (iv) dispose; Transitional regis- tration requirements Contents of elec- tronic products stewardship plan

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1143 November 2, 2012 (

c) the brand owner’s expected performance target and timelines for both the recovery amounts of e-waste and the reuse or recycling rates of the collected e-waste; (

d) the brand owner's plan for achieving at least that perfor- mance target; (

e) a description of the planned activities which will be under- taken to influence the redesign of electronic products to im- prove reusability, recycleability and to reduce e-waste; (

f) a description of the efforts made by the brand owner to max- imize the local economic benefits created through the im- plementation of the electronic product stewardship plan; (

g) a communications plan for informing consumers of the brand owner's electronic product stewardship plan which in- cludes (

i) a description of products accepted at return collection facilities, (ii) the location of all return collection facilities, (iii) how and when consumer s can access return collection facilities, (iv) the environmental benefits of participating in the elec- tronic product stewardship program, and (

v) the types and frequency of media to be used in the pro- motion of the electronic product stewardship program; (

h) the establishment of return collection facilities or other re- turn collection methods that w ill ensure reasonable and free consumer access for the return of e-waste; (

i) ongoing consultations ab out the electronic stewardship program with persons who the brand owner believes the en- vironmental stewardship program may affect, including members of the public, in accordance with the guidelines es- tablished by the board;

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1144 November 2, 2012 (

j) a listing of all brand owners covered under a stewardship plan in the form prescribed by the board; (

k) brand owner qualification standards and information demon- strating how electronic products and e-waste collected will be managed in a manner that employs environmental and human health and safety sta ndards meeting or exceeding ap- plicable federal, provincial and municipal regulations; (

l) a description of how a brand owner will manage costs asso- ciated with the implementation and operation of an electron- ic stewardship plan; (

m) where a brand owner charges a separate fee with respect to the costs of implementing and operating an electronic stew- ardship plan, a description of how that fee will be collected and used; (

n) the assessment of the performance of the brand owner's plan by an independent auditor; and (

o) the elimination or reduction of the environmental impacts of electronic products and e-waste. 31.24

(1) Where an electronic product stewardship plan has been sub- mitted to the board, the board shall, as soon as practicable (

a) approve the plan for a period of not more than 5 years; (

b) request any additional information that the board considers necessary to assess the plan; (

c) require the brand owner to carry out a consultation in ac- cordance with guidelines which may be established by the board; or (

d) reject the plan with written reasons.

(2) Where a brand owner has been required to carry out consul- tations under paragraph (1)(c), the brand owner shall, within a period of time set by the board, submit a revised electronic stewardship plan which includes any changes resulting from feedback received in the consultation process. Approval or imposi- tion of plan

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1145 November 2, 2012

(3) Where a revised electronic stewardship plan has been sub- mitted to the board under subsection (2), the board shall, as soon as practicable, (

a) approve the plan for a period of not more than 5 years; (

b) request any additional information that the board considers necessary to assess the plan; or (

c) reject the plan with written reasons.

(4) Where the board rejects an electronic product stewardship plan, it may (

a) require the brand owner to comply with an electronic prod- uct stewardship plan prepared and approved by the board; (

b) require the brand owner to comply with an electronic prod- uct stewardship plan prepared by an agent and approved by the board; or (

c) require the brand owner to submit a revised electronic prod- uct stewardship plan within th e period of time specified by the board.

(5) A plan approved by the board expires on the date set by the board, but the period of time for which the plan may be effective shall not exceed 5 years.

(6) Where the board rejects an electronic product stewardship plan submitted by a brand owner and the brand owner does not submit a revised electronic product stewardship plan as required under para- graph (4)(c), the board shall refuse to register the brand owner or shall suspend or cancel the registration of the brand owner.

(7) Where a brand owner does no t submit an electronic product stewardship plan within the 120 day period referred to in

section 31.22 as required, the board may impose an electronic product stewardship plan on the brand owner and the brand owner shall comply with that plan. 31.25

(1) The board may amend an approved or imposed electronic product stewardship plan Amendment by board

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1146 November 2, 2012 (

a) to correct a clerical error; (

b) to reflect a change in the name or address of a brand owner; (

c) on the request of the brand owner; or (

d) as the board considers appr opriate, whether the plan has previously been approved or imposed by the board.

(2) A brand owner may apply to have its electronic product stewardship plan amended and sections 31.24 and 31.26 apply with the necessary modifications to the application. 31.26

(1) A brand owner shall implement the electronic product stew- ardship plan as approved or imposed by the board under

section 31.24 and shall comply with that plan w ithin 120 days of the approval or imposition of the plan.

(2) A brand owner shall comply with the electronic stewardship plan as amended by the board under

section 31.25.

(3) Where a brand owner fails to comply with an electronic stewardship plan referred to in subsection (1) or (2) the board may (

a) direct the brand owner to comply with the electronic stew- ardship plan; or (

b) suspend, cancel or revoke the registration of that brand own- er.

(4) A brand owner who fails to comply with the electronic product stewardship plan as approved, imposed or amended commits an offence. 31.27

(1) At least 90 days before the expiry date of an electronic prod- uct stewardship plan approved or imposed by the board, a brand owner shall submit an electronic product stewardship plan to the board for review and approval.

(2) Sections 31.24 and 31.26 apply with the necessary modifica- tions to a plan submitted under this section. Compliance re- quired Renewal of elec- tronic product stewardship plan Annual report and other information

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1147 November 2, 2012 31.28

(1) A brand owner shall, 90 days after the end of the fiscal year, provide the board with an annual report detailing the effectiveness of the brand owner's electronic product stewardship plan during the previ- ous calendar year which includes the following: (

a) the total amount of e-waste collected in the province by electronic product type; (

b) the total amount of e-waste processed and in storage; (

c) the percentage of e-waste collected that was reused, recy- cled, contained, or otherwise treated or disposed; (

d) a description of the types of processes utilized to reuse, re- cycle, contain, or otherwise treat or dispose of e-waste; (

e) a description of efforts to redesign electronic products to improve reusability and recycleability and to reduce e-waste; (

f) the location of all return collection facilities and a descrip- tion of other return collection methods used; (

g) the types and frequency of media used in the promotion of the electronic product stewardship program; (

h) annual financial statements prepared by an independent au- ditor in a form and manner a cceptable to the board indicat- ing the revenues received and the expenditures incurred by the electronic product stewardship plan; (

i) records showing that the plan adheres to established brand owner qualification standards or information demonstrating that the electronic products and e-waste collected were man- aged in a manner that empl oys environmental and human health and safety standards meeting or exceeding applicable federal, provincial and municipal regulations; (

j) an assessment of the performance of the brand owner's plan prepared in partnership with the board; and (

k) other information requested by the board that relates to the electronic product stewardship plan.

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1148 November 2, 2012

(2) When a brand owner submits its annual report, it shall at the same time provide to the board a statement in writing as to the total amount of electronic product sold by it during the previous calendar year by electronic product type.

(3) The information provided to the board by the brand owner under subsection (2) shall be treated as confidential. 31.29 A brand owner shall provide to each retailer of its electronic product, educational and consumer material about the brand owner's electronic product stewardship plan. 31.30

(1) The board may charge a brand owner those fees that are established by the board to cover the board's annual administrative costs in carrying out its duties under th e Act and this

Part in relation to electronic waste.

(2) The annual administrative co sts include office, operational, marketing and inspection expenses and the cost of salaries, benefits and expenses of members and employees of the board that are attributable to the board's duties referred to in subsection (1).

(3) The annual administrative cost s of the board incurred or to be incurred by it in relation to the administration of this Part, together with a sum needed to make up a de ficiency in the assessment for the preceding year, if required, shall be borne equally by each brand owner.

(4) The board shall assess up to one half of the amount deter- mined under subsection (1) before April 2 of the fiscal year in which the costs are incurred, and assess the remaining amount after December 1 of that fiscal year. 31.31

(1) A brand owner shall remit fees referred to in

section 31.30 at the times and in the manner directed by the board.

(2) If the board is satisfied that a brand owner has not remitted fees fully in accordan ce with subsection (1), the board may serve writ- ten notice on the brand owner requiring payment of the following amounts: (

a) the full amount of the fees that are outstanding; Consumer infor- mation Fees Remittance of fees, imposition of interest

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1149 November 2, 2012 (

b) interest on the amount of the outstanding fees calculated monthly at a rate not exceeding 2% a month; and (

c) an administrative fee in an amount established by the board, which shall not exceed the amount of the outstanding fees.

(3) A written notice under subsection (2) shall include the time and manner in which the payments required under that subsection are to be made.

(4) A brand owner served with a written notice under subsection (2) shall pay the amounts set out in the notice in acco rdance with the notice.

(5) All fees and interest that are not paid to the board in accord- ance with a written notice constitute a debt due to the board.

(6) The board may, under the signature of the proper officer, issue a certificate setting out the na me of a brand owner who has not paid fees or interest in accordance with a written notice and certifying the total amounts of the fees or interest remaining unpaid and the certif- icate, without proof of the appointm ent, authority or signature of the person purporting to have signed it, is admissible in evidence and is, in the absence of evidence to the contrary, proof of the amount of the fees or interest remaining unpaid. 31.32 The board shall use the fees and interest remitted to it or paid to it under this Part solely to carry out its duties under the Act and this

Part in relation to electronic waste and for no other purpose. 31.33

(1) A person shall manage e-waste in adherence with the follow- ing, in order of preference: (

a) reuse; (

b) recycle; (

c) recover; and (

d) dispose.

(2) A person shall not dispose of e-waste in the province unless that disposal is made Use of fees and interest Management and disposal of e-waste

Waste Management Regulations, 2003 (Amendment) 85/12 The Newfoundland and Labrador Gazette 1150 November 2, 2012 (

a) to a return collection facility or through a return collection method; (

b) in an area which is a waste material disposal site established under the Act and approved for that purpose by the minister; or (

c) in another area that the minister may designate as appropri- ate for the purpose of the disposal of e-waste. ©William E. Parsons, Queen's Printer

The Newfoundland and Labrador Gazette 1151 November 2, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 86/12 Court Designation Order (Amendment) under the Interprovincial Subpoena Act (O.C. 2012-286) (Filed October 31, 2012) Under the authority of

section 10 of the Interprovincial Subpoena Act, the Lieutenant-Governor in Council makes the following Order. Dated at St. John’s, October 31, 2012. Robert Thompson Clerk of the Executive Council ORDER Analysis 1. S.3 R&S Designations

Section 3 of the Court Designation Order is repealed and substituted: 3.

(1) The Ontario Racing Commission is designated as a court for the purpose of the Act.

(2) A coroner appointed under the Coroners Act (Ontario) is designated as a court for the purpose of the Act. ©William E. Parsons, Queen's Printer NLR 30/11 Designations

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2012 1153 Index

PART I Change of Name Act, 2009 – Notice ............................................................................................ ............................................... 419 Mechanics’ Lien Act – Notices .................................................................................................................................................... 418 Quieting of Titles Act – Notice .................................................................................................................................................... 420 Trustee Act – Notice ......................................................................................................... ........................................................... 422 Urban and Rural Planning Act, 2000 – Notices ................................................................................. .......................................... 417

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. Environmental Protection Act Waste Management Regulations, NLR 85/12 NLR 59/03 Nov 2/12 p. 1137 2003 (Amdt.) Amdt.

Part V, Sections 31.18-31.33 Added Interprovincial Subpoena Act Court Designation Order (Amdt.) NLR 86/12 NLR 30/11 Nov 2/12 p. 1151 Amdt. S.3 R&S

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 2, 2012 1154 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.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2012-11-02
Type	gazette
Volume / chapter	printer gazette weekly issues 2012 nlg121102
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c0520d26323f6508d99dd4382cbb8e75646c38ab

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