595 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 79 ST. JOHN’S, FRIDAY, NOVEMBER 19, 2004 No. 47 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NO. 326, 2004 Take notice that the St. J ohn’s Development Regulations Amendment No. 326, 2004 adopted on the 1 st day of November, 2004, has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpos e of St. John’s Development Regulations Amendment No. 326, 2004 is to establish maximum building heights in the Industrial General (IG) Zone. The St.

John’s Development Regulations Amendment No. 326, 2004 comes 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 amendment may do so at the Depart ment of Planning, 3 rd Floor, St. John’s City Hall during regular business hours. CITY OF ST. JOHN’S Planning Department Nov 19 NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NO. 15, 2004 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NO. 329, 2004 Take notice that the St. John’ s Municipal Plan Amendment No. 15, 2004 and St.

John’s Development Regulations Amendment No. 329, 2004 adopted on the 12 th day of October, 2004 and approved on the 8 th day of November, 2004, have been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpose of Municipal Plan Amendment No. 15, 2004 is to redesignate property to the rear of Civic Number 55 Stavanger Drive to the Commercial General Land Use District. In general terms, the purpose of Development Regulations Amendment No. 329, 2004 is to rezone land to the rear of Civic Number 55 Stavanger Drive to the Commercial Regional (CR) Zone. The St.

John’s Municipal Plan Amendment No. 15, 2004 and St. John’s Development Regulations Amendment No. 329, 2004 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 amendments may do so at the Depart ment of Planning, 3 rd Floor, St. John’s City Hall during regular business hours. CITY OF ST.

JOHN’S Planning Department Nov 19 NOTICE OF REGISTRATION TOWN OF GAMBO MUNICIPAL PLAN AMENDMENT NO. 1, 2004 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2004 Take notice that the Town of Gambo Municipal Plan Amendment No. 1, 2004 and Development Regulations No. 1, 2004, adopted on the 1 st day of September, 2004, (as amended) and approved on the 6 th day of October, 2004, has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpose of Municipal Plan Amendment No. 1, 2004 is to give council the authority to permit commercial residential development in areas of the

THE NEWFOUNDLAND AND LABRADOR November 19, 2004 596 Town designated as Rural, s ubject to consideration of public comments or objections. Specifically this amendment is proposed to a llow Council to consider the approval of an application by Allesandro Bracci to develop tourist cabins in the vicinity of Clay Cove in the northern area of the Town. In general terms, the purpose of Development Regulations Amendment No. 1, 2004 is to give council the authority to permit commercial residential development in areas of the Town designated as Rural, s ubject to consideration of public comments or objections.

Specifically this amendment is proposed to a llow Council to consider the approval of an application by Allesandro Bracci to develop tourist cabins in the vicinity of Clay Cove in the northern area of the Town. The Town of Gambo Municipal Plan Amendment No. 1, 2004 and Development Regula tions Amendment No. 1, 2004 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 Gambo Municipal Plan Amendment No. 1, 2004 and Development Regulations Amendment No. 1, 2004 may do so at the Town Office, Gambo during normal working hours.

TOWN OF GAMBO Town Clerk Nov 19 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Michael Conway, late of St. John’s, in the Province of Newfoundland and Labrador, retired maintenance worker, deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of the Michael Conway, the aforesaid deceased who died at St.

John’s, in the Province of Newfoundland and Labrador, on or about the 30 th day of October, 2004, 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 13 th day of December, 2004, after which date the Executor will proceed to distribute the said Estate having regard only to th e claims of which he shall then have had notice. DATED at Carbonear, in the Province of Newfoundland and Labrador, this 8 th day of November, 2004. J. WILLIAM FINN LAW OFFICE Solicitor for the Executor of the Estate of Michael Conway PER: J.

William Finn Address for Service: 66 Powell Drive Carbonear, NL A1Y 1A5 Nov 19 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- BRIAN STEPHEN WILLETTE of 6A Wells Place, Stephenville, A2N 3B6, in the Province of Newfoundland and Labrador, as follows: To change my name from BRIAN STEPHEN WILLETTE to BRIAN JOHN WILLETT DATED this 5th day of November, 2004.

BRIAN WILLETTE (Signature of Applicant) Nov 19 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- PAIGE DOLLY RUSSELL of P. O. Box 1842, Stn B, Happy Valley, A0P 1E0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from ALISON-AMBER BRIDE KIPPENHUCK to ALISON-AMBER BRIDE RUSSELL DATED this 18th day of October, 2004. PAIGE RUSSELL (Signature of Applicant) Nov 19 C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR November 19, 2004 597 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SONYA MARIE CAUL of 4 Cherrywood Drive, P. O. Box 1057, Stephenville Crossing, A0N 2C0, in the Province of Newfoundland and Labrador, as follows: To change my name from SONYA MARIE CAUL to SONYA MARIE POWER To change my minor unmarried child’s name from JOHNSTON DAVID CAUL to JOHNSTON DAVID POWER DATED this 4th day of November, 2004.

SONYA MARIE CAUL (Signature of Applicant) Nov 19 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JANINE NADINE ENNIS of P. O. Box 146 Placentia, A0B 2Y0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from AMBER-LYNN GRIFFIN to AMBER-LYNN ENNIS DATED this 23rd day of September, 2004.

JANINE ENNIS (Signature of Applicant) Nov 19 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- MADONNA MARIE HEARN of 23 Farrell Drive, Mount Pearl, A1N 3E9, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from COREY KEVIN GOSSE to COREY KEVIN HEARN JUSTIN ERNEST GOSSE to JUSTIN ERNEST HEARN DATED this 15th day of November, 2004.

MADONNA HEARN (Signature of Applicant) Nov 19 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- TAMMY MARY GREENE of 5 Snooks Lane, York Harbour, A0L 1L0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from BRADY THOMAS TREVOR GREENE to BRADY THOMAS TREVOR ROBERTS DATED this 8th day of November, 2004. TAMMY GREENE (Signature of Applicant) Nov 19

THE NEWFOUNDLAND AND LABRADOR November 19, 2004 596 Nov 19

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 79 ST. JOHN’S, FRIDAY, NOVEMBER 19, 2004 No. 47 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 137/04 NLR 138/04 NLR 139/04

The Newfoundland and Labrador Gazette November 19, 2004 695 NEWFOUNDLAND AND LABRADOR REGULATION 137/04 Repeal of Notice of Protected Water Supply Area of Indian Pond under the Water Resources Act (Filed November 12, 2004) Under the authority of

section 39 of the Water Resources Act , I give the following notice. Dated at St. John’s, October 4, 2004. Tom Osborne Minister of Environment and Conservation NOTICE The Notice of Protected Water Supply Area of Indian Pond , Consoli- dated Newfoundland and Labrador Regulation 608/96, is repealed. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette November 19, 2004 697 NEWFOUNDLAND AND LABRADOR REGULATION 138/04 Notice of Protected Water Supply Area of Bulley's Pond, 2004 under the Water Resources Act (Filed November 12, 2004) Under the authority of

section 39 of the Water Resources Act , I designate the area generally known as the Bulley's Pond Water Supply Area for the Town of King's Point as a protected water supply area. Dated at St. John’s, October 27, 2004. Tom Osborne Minister of Environment and Conservation NOTICE This area includes all lands in the Pr ovincial Electoral District of Baie Verte abutted and bounded as follows: Beginning at a point having scal ed UTM co-ordinates of easting 558,695 metres and northing 5,494,639 metres; Then running in a southeasterly direction for a distance of 781 metres, more or less, to a point having scaled UTM co-ordinates of easting 559,168 metres and northing 5,494,018 metres;

Notice of Protected Water Supply Area of Bulley's Pond, 2004 138/04 The Newfoundland and Labrador Gazette November 19, 2004 698 Then running in a southwesterly direction for a distance of 1,394 me- tres, more or less, to a point having scaled UTM co-ordinates of easting 557,996 metres and northing 5,493,264 metres; Then running in a westerly direc tion for a distance of 1,233 metres, more or less, to a point having scaled UTM co-ordinates of easting 556,776 metres and northing 5,493,085 metres; Then running in a southwesterly direction for a distance of 1,208 me- tres, more or less, to a point having scaled UTM co-ordinates of easting 555,850 metres and northing 5,492,309 metres; Then running in a northwesterly direction for a distance of 626 metres, more or less, to a point having scaled UTM co-ordinates of easting 555,321 metres and northing 5,492,643 metres; Then running in a westerly direc tion for a distance of 1,393 metres, more or less, to a point having scaled UTM co-ordinates of easting 553,975 metres and northing 5,492,285 metres; Then running in a northwesterly direction for a distance of 1,093 me- tres, more or less, to a point having scaled UTM co-ordinates of easting 553,296 metres and northing 5,493,142 metres; Then running in a westerly direc tion for a distance of 1,012 metres, more or less, to a point having scaled UTM co-ordinates of easting 552,334 metres and northing 5,493,456 metres; Then running in a westerly direction for a distance of 780 metres, more or less, to a point having scaled UTM co-ordinates of easting 551,580 metres and northing 5,493,255 metres; Then running in a southwesterly direction for a distance of 767 metres, more or less, to a point having scaled UTM co-ordinates of easting 551,128 metres and northing 5,492,635 metres; Then running in a westerly direc tion for a distance of 1,150 metres, more or less, to a point having scaled UTM co-ordinates of easting 549,990 metres and northing 5,492,804 metres; Then running in a northwesterly direction for a distance of 951 metres, more or less, to a point having scaled UTM co-ordinates of easting 549,254 metres and northing 5,493,407 metres;

Notice of Protected Water Supply Area of Bulley's Pond, 2004 138/04 The Newfoundland and Labrador Gazette November 19, 2004 699 Then running in a northeasterly dir ection for a distance of 768 metres, more or less, to a point having scaled UTM co-ordinates of easting 49,612 metres and northing 5,494,086 metres; Then running in a northwesterly direction for a distance of 881 metres, more or less, to a point having scaled UTM co-ordinates of easting 548,995 metres and northing 5,94,715 metres; Then running in a easterly directio n for a distance of 1,505 metres, more or less, to a point having scaled UTM co-ordinates of easting 550,498 metres and northing 5,494,633 metres; Then running in a northeasterly direction for a distance of 1,019 metres, more or less, to a point having s caled UTM co-ordinates of easting 551 392 metres and northing 5 495 122 metres; Then running in a easterly directio n for a distance of 1,046 metres, more or less, to a point having s caled UTM co-ordinates of easting 552 372 metres and northing 5 494 757 metres; Then running in a easterly direction for a distance of 903 metres, more or less, to a point having scaled UTM co-ordinates of easting 553,261 metres and northing 5,494,917 metres; Then running in a northeasterly direction for a distance of 1,032 metres, more or less, to a point having scaled UTM co-ordinates of easting 554,156 metres and northing 5,495,431 metres; Then running in a southeasterly direction for a distance of 497 metres, more or less, to a point having scaled UTM co-ordinates of easting 554,515 metres and northing 5,495,087 metres; Then running in a easterly direction for a distance of 566 metres, more or less, to a point having scaled UTM co-ordinates of easting 555,068 metres and northing 5,494,965 metres; Then running in a northeasterly dir ection for a distance of 388 metres, more or less, to a point having scaled UTM co-ordinates of easting 555,397 metres and northing 5,495,170 metres; Then running in a southeasterly direction for a distance of 379 metres, more or less, to a point having scaled UTM co-ordinates of easting 555,738 metres and northing 5,495,004 metres;

Notice of Protected Water Supply Area of Bulley's Pond, 2004 138/04 The Newfoundland and Labrador Gazette November 19, 2004 700 Then running in a northeasterly dir ection for a distance of 785 metres, more or less, to a point having scaled UTM co-ordinates of easting 556,396 metres and northing 5,495,432 metres; Then running in a southeasterly direction for a distance of 660 metres, more or less, to a point having scaled UTM co-ordinates of easting 556,892 metres and northing 5,494,996 metres; Then running in a southerly direction for a distance of 931 metres, more or less, to a point having scaled UTM co-ordinates of easting 557,207 metres and northing 5,494,120 metres; Then running in a easterly direction for a distance of 407 metres, more or less, to a point having scaled UTM co-ordinates of easting 557,614 metres and northing 5,494,106 metres; Then running in a northeasterly direction for a distance of 1,205 metres, more or less, to the point of commencement.

All co-ordinates refer Zone 21 of the NAD 83 Universal Transverse Mercator Projection. The Notice of Protected Water Supply Area of Bulley's Pond , Con- solidated Newfoundland and Labrador Regulation 538/96, is re- pealed. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette November 19, 2004 701 NEWFOUNDLAND AND LABRADOR REGULATION 139/04 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed November 12, 2004) Under the authority of

section 55 of the Judicature Act, the Rules Committee makes the following rules. Dated at St. John’s, November 22, 2002. Barry R. Sparkes, QC Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 5 Amdt. Commencement of proced- ings 2. Rule 8.07A Added Minors and mentally incom- petent persons 3. Rule 29.02 Amdt. Application 4. Rule 49.05 Amdt. Orders 5. Rule 54.06 R&S Crown practice rules in civil matters 6. Commencement 1.

(1) Rule 5 of the Rules of the Supreme Court, 1986 is amended by renumbering rule 5.02 as rule 5.02(1).

Rules of the Supreme Court, 1986 (Amendment) 139/04 The Newfoundland and Labrador Gazette November 19, 2004 702

(2) Rule 5.02(1) of the rules is amended by inserting imme- diately after the words "by filing in the Registry" a comma and the phrase and comma "or with a commissioner of the Supreme Court for the issue of originating docu ments at the place where the com- missioner resides,".

(3) Rule 5 of the rules is amended by adding immediately after rule 5.02(1) the following:

(2) Where the originating appl ication is filed with a commis- sioner: (

a) the applicant shall state in th e application the Judicial Centre or circuit, as the case may be, at which it is proposed that the application be heard; and (

b) the commissioner shall, before assigning a return date for the hearing of the application, obtain from the registry in the designated judicial centre or th e registry responsible for the designated circuit, a suitable return date consistent with the docket of that centre or circuit and insert that date on the no- tice attached to the application.

(4) Rule 5.03 of the rules is amended by deleting the words "statements of claim" and substitu ting the words "originating ap- plications or documents". 2. Rule 8 of the rules is amen ded by adding immediately after rule 8.07 the following: 8.07A. Where an application for approv al of settlement or compromise payment on behalf of a person under disability is refused by the court and the matter proceeds to trial, the application, other materials and written submissions, if any, made in respect of the application for ap- proval shall be sealed and shall not be disclosed to the trial judge unless: (

a) the parties consent; (

b) the information, such as medical evidence, is properly ad- missible at trial; or Application for approval of settle- ment sealed

Rules of the Supreme Court, 1986 (Amendment) 139/04 The Newfoundland and Labrador Gazette November 19, 2004 703 (

c) following judgment, the information contained therein is relevant to an issue respecting costs. 3.

(1) Rule 29.02 of the rule s is amended by adding immedi- ately after rule 29.02(4) the following:

(5) Each affidavit, memorandum or other document filed on or subsequent to the date of filing of an interlocutory application but in relation to that application shall have endorsed thereon immediately below the title of proceeding or at so me convenient place, if there is no title of proceeding on the document, the following text box containing the information stipulated:

SUMMARY OF CURRENT DOCUMENT Court File Number(s): Date of Filing of Document: Name of Filing Party or Person: Application to which Document being filed relates: [e.g. Application of plaintiff for order for production of documents under rule 32.07] Statement of purpose in filing: [e.g. to support/oppose applica- tion; to seek directions, etc.] Court Sub-File Number, if any:

Rules of the Supreme Court, 1986 (Amendment) 139/04 The Newfoundland and Labrador Gazette November 19, 2004 704

(2) Rule 29.02 of the rules is amended by repealing Form 29.02A and substituting the following: Form 29.02A (rule 29.02) 20_____ O_ T_____ In the Supreme Court of Newfoundland and Labrador Trial Division (Title of proceedings) Interlocutory Application Re: [Brief description of nature of application] Pursuant to [State Rule or Applicable Statute] (InterPartes) The application of (A.B. the plaintiff or C.D. the defendant) in this proceeding says: Nature of Application 1.

The Applicant seeks an order (or declaration or other relief, as the case may be) pursuant to (set forth the Rule or statutory provi- sion or other authority relied on as the basis for the relief sought) that the Plaintiff (or Defendant, or some other party or person) (set forth the nature of the specific order, declaration or other relief sought) on the basis that (i) (list in

summary form, the individual grounds relied on for the relief sought) (ii) ... Procedural History 2. The procedural history of this proceeding, insofar as it is relevant to this application, is as follows:

Rules of the Supreme Court, 1986 (Amendment) 139/04 The Newfoundland and Labrador Gazette November 19, 2004 705 (i) (list only the relevant previous pleadings filed, steps taken, etc. with pertinent dates that may be relevant to the disposition of the application) (ii) ... (iii) ... Material Facts 3. (Set forth material facts.) Other Pertinent Information and References 4. (Set forth any other pertin ent information or reference.) Relief Sought 5.

The Applicant ther efore applies for . . . (set forth the specific relief sought) DATED at ___________, Newfoundland and Labrador, this _______ day of _______, 20_____. (Sgd.) (A.B., Plaintiff) (or) (C.D., Defendant) (or) (M.N., Solicitor for the plaintiff whose address for service is _______________, Newfoundland and Labrador (or) (O.P., Solicitor for the defendant whose address for service is _______________, Newfoundland and Labrador Notice to the Plaintiff(

s) or Defendant(

s) You are hereby notified that the foregoing application will be made to the judge presiding in Chambers at the Court House at _____________,

Rules of the Supreme Court, 1986 (Amendment) 139/04 The Newfoundland and Labrador Gazette November 19, 2004 706 Newfoundland and Labrador on _____________ the _________ day of __________, 20_____, at _____.m. TO: (A.B., plaintiff (or) (M.N., Solicitor for the plaintiff of_______________ Street, _____________ Newfoundland and Labrador or (C.D., defendant) (or) (O.P., Solicitor for the defendant) of_______________ Street, _____________ Newfoundland and Labrador 4.

(1) Rule 49.05(1)(b)(i)(

B) of the rules is amended by adding immediately after the word and comma "claimants," the word "or".

(2) Rules 49.05(1)(b)(ii) of the rules is amended by deleting at the end of subclause (ii) the comma and the word "or" and by substituting a semi-colon and the word "and".

(3) Rule 49.05(1)(b)(iii) of the rules is repealed. 5. Rule 54.06 of the rules is repealed and the following substi- tuted: 54.06. An originating application for an order in the nature of certiorari shall be filed and served within six months after the date of (

a) filing of the judgment; (

b) issuing of the order or award; (

c) service of the warrant; (

d) rendering of the report of the inquiry to which it relates. Application filed and served within six months

Rules of the Supreme Court, 1986 (Amendment) 139/04 The Newfoundland and Labrador Gazette November 19, 2004 707 6. These rules shall come in to force on January 1, 2005. ©Earl G. Tucker, Queen's Printer Commencement

THE NEWFOUNDLAND AND LABRADOR November 19, 2004 709 Index

PART I Change of Name Act – Notices ................................................................................................ .................................................. 596 Trustee Act – Notice .......................................................................................................... .......................................................... 596 Urban and Rural Act – Notices ................................................................................................. ................................................... 595

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. Judicature Act Rules of the Supreme Court, 1986 NLR 139/04 Rule 5 Amdt Nov 19/04, p. 701 (Amdt) (In force Jan. 1, 2005) Rule 8.07A Added Rule 29.02 Amdt Rule 49.05 Amdt Rule 54.06 R & S Water Resources Act Notice of Protected Water Supply NL R 138/04 R & S Nov 19/04, p. 697 Area of Bulley’s Pond, 2004 CNLR 538/96 Repeal of Notice of Prot ected Water NLR 137/04 Rep. Nov 19/04, p. 695 Supply Area of Indian Pond CNLR 608/96

THE NEWFOUNDLAND AND LABRADOR November 19, 2004 710 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($133.75). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649. Fax: (709) 729-1900.

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