Newfoundland and Labrador Gazette, Part II — 22 December 2023 — Geographical Names Board Act Notice
NLG 2023-12-22
Newfoundland and Labrador — Gazette
THE NEWFOUNDLAND AND LABRADOR GAZETTE
PART I PUBLISHED BY AUTHORITY V ol. 98 ST. JOHN’S, FRIDAY , DECEMBER 22, 2023 No. 51 NOTE: Attached to the end of
Part II is a list of Statutes of Newfoundland and Labrador, 2023 as enacted up to December, 2023. GEOGRAPHICAL NAMES BOARD ACT NOTICE Under the authority of subsection 6(1), of the Geographical Names Board Act, RSNL 1990 cG-3, the Minister of the Department of Fisheries, Forestry and Agriculture, hereby approves the names of places or geographical features as recommended by the NEWFOUNDLAND AND LABRADOR GEOGRAPHICAL NAMES BOARD and as printed in Decision List 2023-01. DATED at St. John’s this 4th day of December, 2023. HONOURABLE ELVIS LOVELESS, MHA Minister Map CGNDB Key Related Key Feature Name Feature Type Category Location Description 002014 ACZXQ Camp Six Ponds Ponds
(2) New Name SE of Bishop's Falls South 2E+04 ACZXR Labor In Vain Mountain Peak
(2) New Name Within Hodges Hills 2E+03 ACZXS Peters Tolt Hill New Name SE of Peters Pond 2E+03 ACZXT Neyles Brook Brook New Name S of Indian Arm Pond 002012 ACZXU Two Cent Hill Hill New Name E of Patchy Valley Pond 002012 ACZXV Sepert Lake Lake New Name NE of Pepper Hill 002012 ACZXW Sepert Brook Brook New Name S of Sepert Lake 002012 ACZYT Sepert Hills Hills New Name SW of Sepert Lake 002012 ACZXX Chesapeak Brook Brook New Name W of 45 Mile Steady 002012 ACZXY Peter Joes Brook Brook New Name W of North Great Rattling Brook 002012 ACZ.XZ. Owl Brook Brook New Name W of Great Rattling Brook 002012 ACZYA Fox Ridge Ridge
(2) New Name E of South Great Rattling Brook 002012 ACZYB Beaver Lake Lake New Name W of Russels Pond 002012 ACZYC Russels Pond Pond
(2) New Name E of Beaver Lake 002012 ACZYO Lingards Brook Brook New Name N of North Great Rattling Brook 002012 ACZYE Shot Pond Pond
(2) New Name S of Big Nose Bog 002012 ACZVF Big Nose Bog Bog New Name E of Pot Hill 002D12 ACZYG Stag Brook Brook New Name SW of Little Gull River 002012 ACZYH Johns Lookout Lookout New Name E of Stony Lake 002012 ACZYI Bear Ridge Ridae
(2) New Name SW of Burnt Lake 002012 ACZVJ Side Pond Pond
(2) New Name NE of Stony Lake 002012 ACZYK Kennedys Pond Pond
(2) New Name NE of Martin Lake 002012 ACZVL Otter Pond Pond
(2) New Name E of Rocky Lake 002012 ACZYM Butter Brook Brook New Name E of Great Rattling Brook 002012 ACZYN Wild Goose Brook Brook New Name SE of Great Rattling Brook 002012 ACZYU LeDrews Pond Steady New Name Within South Great Rattling Brook Attached is a list of publication dates for the Year 2024. 469
Dec. 15 & 22 012A16 -ACZYO Goodyears Brook Brook New Name S of Noel Paul's Brook 012A10 ACZYP Gillards Brook Brook New Name S of Harpoon Brook 012A10 ACZYQ Veneer Brook Brook New Name SE of Noel Paul's Brook 002013 ACZYR Weasel Brook Brook New Name NW of Great Rattling Brook 002013 ACZVS Harveys Stillwaters Stillwaters New Name Within Great Rattling Brook 2E+04 TBD MKAR MKAR TBD Hodges Hills Hodges Hill Hills Name Change Previous Name N of Exploits River 002D12 TBD ACRMS ACRMS TBD Spruce Lake Sprucey Pond Lake Official Name Alternate Name NE of Atlantic Lake 002D12 TBD ACRNF ACRNF TBD Mud Lake Mud Pond Lake Official Name Alternate Name SW of Twin Ponds 002D12 TBD ACRNG ACRNG TBD Twin Ponds Twin Lake Ponds
(2) Official Name Alternate Name E of Loon Lake 002D12 TBD ACRMO ACRMO TBD Christmas Pond Christmas Lake Pond
(2) Official Name Alternate Name NW of Pine Lake 002D12 TBD ACRMW ACRMW TBD Barren Lake Barren Pond Lake Official Name Alternate Name SW of Camp Lake 002D12 TBD ACRNA ACRNA TBD Horseshoe Lake Horseshoe Pond Lake Official Name Alternate Name SW of Patricks Lake 012A09 TBD ACZMJ ACZMJ TBD Ebbeys Pond Ebby's Calm Pond
(2) Official Name Alternate Name SW of Caribou Pond 002D13 TBD ACZOB ACZOB TBD Camp One Stillwater Camp One Pond Site Official Name Alternate Name NE of Crooked Knife Brook Map CGNDB Key Related Key Feature Name Feature Type Category Location Description 002014 ACZXQ Camp Six Ponds Ponds
(2) New Name SE of Bishop's Falls South 2E+04 ACZXR Labor In Vain Mountain Peak
(2) New Name Within Hodges Hills 2E+03 ACZXS Peters Tolt Hill New Name SE of Peters Pond 2E+03 ACZXT Neyles Brook Brook New Name S of Indian Arm Pond 002012 ACZXU Two Cent Hill Hill New Name E of Patchy Valley Pond 002012 ACZXV Sepert Lake Lake New Name NE of Pepper Hill 002012 ACZXW Sepert Brook Brook New Name S of Sepert Lake 002012 ACZYT Sepert Hills Hills New Name SW of Sepert Lake 002012 ACZXX Chesapeak Brook Brook New Name W of 45 Mile Steady 002012 ACZXY Peter Joes Brook Brook New Name W of North Great Rattling Brook 002012 ACZ.XZ. Owl Brook Brook New Name W of Great Rattling Brook 002012 ACZYA Fox Ridge Ridge
(2) New Name E of South Great Rattling Brook 002012 ACZYB Beaver Lake Lake New Name W of Russels Pond 002012 ACZYC Russels Pond Pond
(2) New Name E of Beaver Lake 002012 ACZYO Lingards Brook Brook New Name N of North Great Rattling Brook 002012 ACZYE Shot Pond Pond
(2) New Name S of Big Nose Bog 002012 ACZVF Big Nose Bog Bog New Name E of Pot Hill 002D12 ACZYG Stag Brook Brook New Name SW of Little Gull River 002012 ACZYH Johns Lookout Lookout New Name E of Stony Lake 002012 ACZYI Bear Ridge Ridae
(2) New Name SW of Burnt Lake 002012 ACZVJ Side Pond Pond
(2) New Name NE of Stony Lake 002012 ACZYK Kennedys Pond Pond
(2) New Name NE of Martin Lake 002012 ACZVL Otter Pond Pond
(2) New Name E of Rocky Lake 002012 ACZYM Butter Brook Brook New Name E of Great Rattling Brook 002012 ACZYN Wild Goose Brook Brook New Name SE of Great Rattling Brook 002012 ACZYU LeDrews Pond Steady New Name Within South Great Rattling Brook Map CGNDB Key Related Key Feature Name Feature Type Category Location Description 002014 ACZXQ Camp Six Ponds Ponds
(2) New Name SE of Bishop's Falls South 2E+04 ACZXR Labor In Vain Mountain Peak
(2) New Name Within Hodges Hills 2E+03 ACZXS Peters Tolt Hill New Name SE of Peters Pond 2E+03 ACZXT Neyles Brook Brook New Name S of Indian Arm Pond 002012 ACZXU Two Cent Hill Hill New Name E of Patchy Valley Pond 002012 ACZXV Sepert Lake Lake New Name NE of Pepper Hill 002012 ACZXW Sepert Brook Brook New Name S of Sepert Lake 002012 ACZYT Sepert Hills Hills New Name SW of Sepert Lake 002012 ACZXX Chesapeak Brook Brook New Name W of 45 Mile Steady 002012 ACZXY Peter Joes Brook Brook New Name W of North Great Rattling Brook 002012 ACZ.XZ. Owl Brook Brook New Name W of Great Rattling Brook 002012 ACZYA Fox Ridge Ridge
(2) New Name E of South Great Rattling Brook 002012 ACZYB Beaver Lake Lake New Name W of Russels Pond 002012 ACZYC Russels Pond Pond
(2) New Name E of Beaver Lake 002012 ACZYO Lingards Brook Brook New Name N of North Great Rattling Brook 002012 ACZYE Shot Pond Pond
(2) New Name S of Big Nose Bog 002012 ACZVF Big Nose Bog Bog New Name E of Pot Hill 002D12 ACZYG Stag Brook Brook New Name SW of Little Gull River 002012 ACZYH Johns Lookout Lookout New Name E of Stony Lake 002012 ACZYI Bear Ridge Ridae
(2) New Name SW of Burnt Lake 002012 ACZVJ Side Pond Pond
(2) New Name NE of Stony Lake 002012 ACZYK Kennedys Pond Pond
(2) New Name NE of Martin Lake 002012 ACZVL Otter Pond Pond
(2) New Name E of Rocky Lake 002012 ACZYM Butter Brook Brook New Name E of Great Rattling Brook 002012 ACZYN Wild Goose Brook Brook New Name SE of Great Rattling Brook 002012 ACZYU LeDrews Pond Steady New Name Within South Great Rattling Brook THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 470
CHANGE OF NAME ACT, 2009 Under the authority vested in me by the Change of Name Act, 2009, SNL2009 cC-8-1, I hereby certify the following names have been changed. Dec. 22 Dated December 13, 2023. DIGITAL GOVERNMENT & SERVICE NL Sheena Gough, Registrar of Vital Statistics Former Surname Former Given Name(
s) Surname Given Name(
s) City / Town SAMPSON ABEL LARRY JACQUES BEAULIEU ABEL LARRY JACQUES HAPPY VALLEY-GOOSE BAY WHELAN GREGORY DAVID WHALEN GREGORY DAVID PARADISE BYRNE MACKENZIE ROSE MARIE WELLS MACKENZIE MARIE MOUNT PEARL SHORT DEBORAH HAZEL SHORTT DEBORAH HAZEL PARADISE SANDQUIST REA-ANNE PEARL PENNEY REA-ANN T HOLYROOD BLUNDON ETHAN TREVOR ERIC CLARKE ETHAN TREVOR ERIC SELDOM HOLMES LAUREN ELIZABETH DE FREITAS REN ELIZABETH MEDEIROS HOLMES ST. JOHN'S MCPHEE GREYSON ERIC JOHN MCPHEE-NORMAN GREYSON ERIC JOHN ST. JOHN'S EBET SETAFANOS ARBED ESTIFANOS KIFLU ST.
JOHN'S ORGAN MELISSA MARY LYNN HANSON MELISSA MARY LYNN CONNE RIVER JACQUE ROBERT JOSHUA JACQUE MAURA RIGOLET FAGAN-POWER ANTHONY JOSEPH FAGAN ANTHONY JOSEPH CONCEPTION BAY SOUTH ALLSOP CALVIN MURDOCK LOMAX REINDERS CALVIN MURDOCK LOMAX CONCEPTION BAY SOUTH MCGRATH LILY SUZANNE GILLIAN MCGRATH ALEX SUZANNE GILLIAN ST. JOHN'S SNOW CYRIL WAYNE LINTHORNE CYRIL WAYNE ST. JOHN'S HARNUM SARAH MARGARET HELEN DONNELLY DONNELLY SARAH MARGARET HELEN CARBONEAR HAMAD GOURY ZAGHLOUL HASSAN AHMED ALY HAMMAD JOURY ZAGHLOUL HASSAN AHMED ALY ST.
JOHN'S LNC Gazette Report for November Dated December 13, 2023 Sheena Gough Registrar of Vital Statistics URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF ANCHOR POINT’S MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS (2023-33) TAKE NOTICE that the TOWN OF ANCHOR POINT’S MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS (2023-33), adopted on the 28 th day of August, 2023 and approved on the 8 th day of November, 2023, have been registered by the Minister of Municipal and Provincial Affairs.
THE MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS (2023-33) is the strategy for the future direction of the Town over the next 10 years. The TOWN OF ANCHOR POINT MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS (2023-33) come into effect the day this notice is published in The Newfoundland and Labrador Gazette. Anyone wishing to inspect a copy of the MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS (2023-33) may do so at the Town Office during normal business hours at (709) 456-2011.
TOWN OF ANCHOR POINT Sharon Gaulton ADDRESS FOR SERVICE: 31 Loop Road Anchor Point, NL, A0K 1A0 anchorpoint@nf.aibn.com t: (709) 456-2011 Dec. 22 NOTICE OF REGISTRATION TOWN OF PORTUGAL COVE-ST. PHILIP’S DEVELOPMENT REGULATIONS AMENDMENT NO. 29, 2023 TAKE NOTICE that the TOWN OF PORTUGAL COVE- ST. PHILIP’S DEVELOPMENT REGULATIONS AMENDMENT NO. 29, 2023 , as adopted by Council on the 28th day of November, 2023, has been registered by the Minister of Municipal and Provincial Affairs.
IN GENERAL TERMS, DEVELOPMENT REGULATIONS AMENDMENT NO. 29, 2023 , will make changes to the development standards for fully- serviced double dwellings as follows: in the Residential Medium Density Zone, the minimum lot area will be 377 m2 per unit and the frontage will be 10 metres per unit; and in the Traditional Community Zone, the minimum lot area will be 285 m2 per unit and frontage will be 10 metres per unit. THE TOWN OF PORTUGAL COVE-ST. PHILIP’S DEVELOPMENT REGULATIONS AMENDMENT NO. 29, 2023, comes into effect on the day that this notice THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 471
is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the TOWN OF PORTUGAL COVE-ST. PHILIP’S DEVELOPMENT REGULATIONS AMENDMENT NO. 29, 2023, may do so by contacting the Town Office at (709) 895-8000 extension 4 or planning@pcsp.ca. TOWN OF PORTUGAL COVE-ST. PHILIP’S Claudine Murray, Town Clerk ADDRESS FOR SERVICE: Town of Portugal Cove-St. Philip’s 1119 Thorburn Road Portugal Cove-St.
Philip’s, NL A1M 1T6 Dec. 22 NOTICE OF REGISTRATION TOWN OF POUCH COVE MUNICIPAL PLAN AMENDMENT NO. 2, 2023, AND DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2023 TAKE NOTICE that the TOWN OF POUCH COVE MUNICIPAL PLAN AMENDMENT NO. 2, 2023 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2023, adopted by Council on the 25 th day of September, 2023, has been registered by the Minister of Municipal and Provincial Affairs. IN GENERAL TERMS, MUNICIPAL PLAN AMENDMENT NO. 2, 2023 will amend Plan Policies 3.1.2.5 and 3.2.13.2 to allow glamping in the Residential and Rural Land Use Designations.
DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2023, will add a definition for “glamping” to
Schedule A,
Definitions, add “glamping” as examples of the Outdoor Assembly use class to
Schedule B, Classification of uses of Land and Buildings and add “glamping” as discretionary uses with conditions to the Residential-3 (R-3) and Rural (RUR) Land Use Zones Tables. THE TOWN OF POUCH COVE MUNICIPAL PLAN AMENDMENT NO. 2, 2023, and DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2023 , 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 Town of Pouch Cove MUNICIPAL PLAN AMENDMENT NO. 2, 2023, and DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2023, may do so at the Town Office, Pouch Cove during normal working hours.
TOWN OF POUCH COVE Conrad Freake, Town Clerk Dec. 22 NOTICE OF REGISTRATION TOWN OF TORBAY DEVELOPMENT REGULATIONS AMENDMENT No. 12, 2023 TAKE NOTICE that the TOWN OF TORBAY DEVELOPMENT REGULATIONS AMENDMENT NO. 12, 2023 adopted by Council on the 17 th day of November 2023, has been registered by the Minister of Municipal and Provincial Affairs.
IN GENERAL TERMS, DEVELOPMENT REGULATIONS AMENDMENT NO. 12, 2023 will re- zone a piece of property at the western end of Ellard Place from Residential Subdivision Area (RSA) to Residential Large Lot (RLL) and rezone a smaller piece of the same property from Residential Infill (RI) to Residential Large Lot (RLL). THE TOWN OF TORBAY DEVELOPMENT REGULATIONS AMENDMENT NO. 12, 2023 , 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 T ORBAY DEVELOPMENT REGULATIONS AMENDMENT NO. 12, 2023, may do so at the Town Office, Torbay during normal working hours. TOWN OF TORBAY Town Clerk Dec. 22 MUNICIPALITIES ACT, 1999 TOWN OF STEADY BROOK REGULATIONS SOLID WASTE REGULATIONS PUBLISHED BY AUTHORITY The following Regulations have been made by the Town of Steady Brook under
Section 414 (2) (pp) of the Municipalities Act, 1999 SNL1999, c-M.24.
Short Title 1. These Regulations may be cited as the Solid Waste Disposal Regulations of the Town of Steady Brook.
Definitions 2. In these Regulations: (a) “Council” means the Town Council of the Town of Steady Brook. (b) “Garbage” means every solid waste accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooling, dealing in or storage of meat, fish, fowl, fruit, or vegetables, and including tin cans, bottles, and similar food containers. All loose items (branches, wooden items, etc.,) should be bundled and tied. THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 472
All leaves and grass (only) can be placed in clear bags only and will be composted. (No twigs, branches, animal waste, etc.) All cardboard must be broken down, bundled, and tied for recycling. Hazardous substances (paint, oils, cleaners, etc.) will not be accepted. Used tires will not be collected (homeowners’ responsibility). Car wrecks will not be accepted (homeowners’ responsibility). Building materials will not be accepted. Refrigerators must be certified as free of harmful products. (c) “Occupant” means any Person who: (
i) owns or resides at; (ii) conducts business at; (iii) is in physical possession of; or (iv) has responsibility for, or lawful control over, the condition of or activities conducted on any Property within the jurisdiction of the Town of Steady Brook. (d) “Owner’’ includes agent, tenant, or occupant. (e) “Person” means a natural person or any other legal entity. (f) “Place of Business” means any business house, premises, etc., from which the Collector does not collect. (g) “Property” means any private or public real property within the Town, including land, together with all improvements which have been so affixed to the land as to make them, in fact and in law, a part thereof. (h) “Refuse” means all other miscellaneous solid waste materials not specifically defined as Garbage. (i) “Recyclables” means products that can be collected, processed, and manufactured into new products after they have been used.
U) “Regulations” means these Solid Waste Regulations. (k) “Town” means the Town of Steady Brook. (I) “Waste Collector” means any person appointed as such by the Council. (m) “Waste Receptacle” means a storage or collection receptacle designed for the collection of Garbage. Storage of Garbage 3. All Garbage and Refuse must be stored in Waste Receptacles or properly secured garbage bags. 4. Every Person who owns Property within the Town shall provide Waste Receptacles for use by any Occupants of such Property. 5. Waste Receptacles shall be kept covered and in a sanitary condition at all times.
Disposal of Garbage 6. All Occupants of Property shall dispose of all Garbage and Refuse accumulated on the Property on a weekly basis by: (
a) placing the Garbage or Refuse in a Waste Receptacle no further than three (3) meters from the roadway for collection by a Waste Collector at a time or times designated by the Council; (
b) delivery to the Municipal Disposal Site at a time or times designated by the Council; or (
c) burning or burial under and in accordance with a permit issued in writing by the Council, provided that garden waste and broken or discarded household furniture or furnishing may, with the approval of Council, be retained and placed for collection by Council during the period designated as “Clean-up Week”. 7. Waste Receptacles placed near a roadway for collection by a Waste Collector shall: (
a) not exceed a maximum weight of 34 kilograms (75 pounds), including the weight of any Garbage or Refuse stored inside of such Waste Receptacles; (
b) not be packaged or tied in a manner which is likely to impede removal by a Waste Collector; and (
c) be removed as soon after collection as is reasonably practicable. Disposal of Recyclables 8.
Boxboard Drink and Coffee Trays, Egg Cartons, Food Boxes (e.g., cereal boxes), Shoe Boxes, Paper Towel and Toilet Paper Rolls Cardboard Corrugated Boxes, Packaging Materials, Pizza Boxes Metal Containers Aluminum Cans (e.g., pop cans), Disposable Foil Containers (e.g., pie plates), Steel and Tin Cans (e.g., soup cans), Aluminum Foil Mixed Paper Books (with hardcovers removed), Computer Paper, Construction/Craft Paper, Envelopes, Exercise Books (with coils removed), Glossy Paper, Loose Leaf, Magazines and Catalogues, Newspapers and Flyers (with plastic bags removed), Paper Bags, Phone Books, Sticky Notes THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 473
Paper Containers Gable Top Containers (e.g., juice, milk, molasses, broth) Plastic Containers Plastic Beverage Containers (e.g., pop, water bottles), Juice Pouches, Yogurt Drink Bottles, Plastic Flower Pots Plastic Food Containers (e.g., ketchup, mayo, honey), Household Cleaner Bottles (e.g., laundry detergent), Plastic Spray Bottles (e.g., glass cleaner), Windshield Wash Bottles, Plastic Toiletry Bottles (e.g., dish soap, shampoo), Over-the-Counter Medication Bottles, Plastic and Clamshell Trays (e.g., strawberry trays), Plastic Tubs and Lids (e.g., margarine, sour cream) Municipal Disposal Sites 9.
No Person shall place or cause to be placed any Garbage or Refuse in or on a Municipal Disposal Site except at a time or times designated by the Council. 10. No Person shall enter upon or remove any Garbage or refuse from the Municipal disposal site unless authorized to do so by the Council. Inspections 11. At any reasonable time, the Council may make a thorough inspection of all Property within the Town for the purpose of enforcing these Regulations. Miscellaneous 12.
Garbage or Refuse left by any Person upon Property within the Town following the construction, alternation, or repair of such Property shall be removed by that Person as promptly as possible. 13. No person, other than a Waste Collector authorized for that purpose, shall pick over, remove, disturb, or otherwise interfere with any Garbage or Refuse placed for collection by a Waste Collector. 14. Boughs, limbs, and treetops shall be: (
a) removed from the Property and disposed of forthwith or (
b) piled for burning in accordance with a permit which may be issued by the Department of Fisheries, Forestry and Agriculture, or other authorized authority. Penalties 15. A Person who contravenes or fails to comply with these Regulations is upon
summary conviction guilty of an offence and is liable to a fine of not less than $100 and not more than $1,000, or to a term of imprisonment of not more than six months, or to both the fine and the imprisonment. Coming Into Force 16. These Regulations were adopted and passed by Council at a meeting held on the 14th day of June, 2023 and are effective as of that date. URBAN HEN REGULATIONS PUBLISHED BY AUTHORITY The following Regulations have been made by the Town of Steady Brook under
Section 414 (2) (pp) of the Municipalities Act, 1999 SNL1999, c-M.24. Urban Hen Regulations 1. These regulations may be cited as the Steady Brook Urban Hen Regulations. 2.
For the purpose of these Regulations: a. “at large” means the case of a hen being outside a Coop or Hen Run. b. “Town” means the Town of Steady Brook. c. “Coop” means a fully enclosed weatherproof building in which hens are kept and which the interior thereof includes nest boxes for egg laying, perches for the hens to sleep on, and food and water containers. d. “Council” means the Steady Brook Council. e. “Hen” means a domesticated female chicken that is at least four months old. f. “Hen Run” means a covered secure enclosure of wire mesh with holes that are no greater than on quarter of an inch (1”) in diameter that allows Hens outdoors and protects Hens from predators. g. “Inspector” means the Municipal Enforcement Officer or Clerk, or any person appointed by Council to act as an Inspector under these Regulations. h. “Occupant” of any property means a person who i. owns the property; ii. resides at the property; iii. is in physical possession of the property; or iv. has responsibility for and control over the condition of the property, the activities conducted on the property, and the persons allowed to enter the property.
General Prohibitions 3. No Occupant of a property or Owner in the Town shall keep or allow a Hen on any property within the Town out with a permit issued by Council. 4. No Occupant of a property or Owner in the Town shall keep or allow a Hen in the Town except in the THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 474
manner as provided in these regulations and except in accordance with any conditions prescribed on a permit issues to the occupant or owner for the keeping of a Hen. 5. No Occupant or Owner shall keep more than as per what is outlined in the Town of Steady Brook Development Regulations on a Property within the Town. 6. No Occupant or Owner shall keep or allow a Hen to be kept on any property within the Town unless the Occupant or Owner resides on the property. Permits 7.
No Occupant or Owner shall keep a Hen in the Town unless: a. a permit fee has been paid to the town and a permit has been issued by Council for the keeping of Hens on the property on which the Hen is to be kept. b. a license fee has been paid to the Town and a license has been issued by Council for each Hen. 8. Every permit and License issued pursuant to these Regulations shall expire on the 31st day of December next after the date of issuance and shall not be non- transferrable between property owners and is non- refundable. 9.
The permit shall not be remitted or reduced for any cause including death, loss of, or removal of a Hen for the Town after the date of issuance. 10.
Upon completion of the Town’s prescribed application form and payment of the permit fee by the Owner or Occupant, the Town shall: a. provide notice to all residences during the Monthly Public Meetings to advise the Town of any objections they may have to issuance of a permit to keep hens on the Applicant’s property; b. inspect the Property to ensure it is possible to keep hens in a manner that complies with these Regulations; and c. consider any issues of public health, safety, convenience, or other concerns raised by the Inspector or by owners of adjacent properties.
After considering the above, the Town shall decide whether to allow the keeping of hens on the Applicant’s property. If the decision is in favor of the Applicant, the Town shall then issue a permit for the keeping of Hens on the Property. 11. If a permit is issued, the Owner or Occupant may then complete construction of a Coop and Hen Run and shall keep the permit visibly displayed on the Coop or Hen Run. 12. Upon completion of construction of the Coop and Hen Run, and prior to keeping any Hens on the property, the Owner or Occupant shall contact the Town for an inspection.
The Inspector shall inspect the Coop and Hen Run and, provided the Inspector finds the structures in compliance with these Regulations, the Owner and/or Occupant shall make payment of the license fee, the Town shall issue a numbered bird tag for the current year for each Hen registered, and the Owner or Occupant shall display the tag by attaching it to a leg of the Hen. The Owner or Occupant may then keep the licensed Hens on the property. 13.
It is a deemed condition of all permits and licenses that the Owner or Occupant must comply with all Regulations and must allow access by the Inspector to the Coop and Hen Run at all reasonable times to assess compliance with these Regulations. Failure to comply with these Regulations orto co-operate with an Inspector may result in immediate revocation of permits and licenses issued under these Regulations. Control of Animals 14. No Occupant or Owner shall permit or allow a Hen to stray or be at large. 15. Hens must be kept in a Coop between the hours of 9:00 PM. and 7:00 AM. 16.
Hens must be kept in a Hen Run when not in their Coop. Permission to carry on business 17. No person shall establish or carry on any business or institution for the boarding, keeping, or treating of Hens, or sale of eggs, manure, or other products associated with the keeping of Hens without written permission of Council to carry out such business or institution. Coops and hen runs 18. Coops and Hen Runs shall not be placed in any front yard or side yard. 19. Coops and Hen Runs shall not be placed at a distance of less than one (1) metre from the rear or side property boundary lines. 20.
Coops and Hen Runs shall not be placed in a front yard or within seven (7) metres of a front property boundary line or street reservation. 21. Coops and Hen Runs shall not be placed within three (3) metres of any window or door of a residential dwelling located on a neighboring property. 22. Coops and Hen Runs shall not be placed on any easements or right of ways. THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 475
23. The combination of Coops and Hen Runs on a property shall not be any smaller than four (4) square metres, nor any greater than ten (10) square metres. Sanitation 24. No person shall keep a Hen that, in the opinion of the Municipal Enforcement Officer, is exhibiting behavior or symptoms of illness that threaten the health and/or safety of persons or animals. 25. Hen Runs and Coops shall be maintained in a clean condition, free of noxious odours, Substances, and vermin . 26.
Hens shall be provided with clean, fresh drinking water, nesting materials, and food of sufficient quantity and quality so as to allow for normal, healthy growth and the maintenance of normal, healthy body weight. 27. Food and water for Hens shall be kept in receptacles that avoid contamination by excreta. 28. Hens shall be either destroyed or provided veterinary care when ill. 29. Coops and Hen Runs shall be cleaned, including removal of excrement, on a daily basis. 30. No Owner or Occupier shall allow a Hen to be kept in an unsanitary condition.
Conditions shall be considered unsanitary where, in the opinion of the Municipal Enforcement Officer, the keeping of the Hen results in an accumulation of fecal matter, an odour, insect infestation or rodent attractants which endanger the health of the Hen or any animal or person, or which disturb or are likely to disturb the enjoyment, comfort or convenience of any person in or about their dwelling or property. 31. Where there is a conflict between the standards set out in these Regulations and the Animal Health and Protection Act, SNL 2010, c.
A-9.1 and any regulations enacted thereunder, the Occupancy and Maintenance Regulations (Newfoundland and Labrador Regulation 1021/96), or any other applicable legislation, the highest standard for protection of the health and wellbeing of Hens and for the use and enjoyment of persons property shall prevail. 32. These Regulations were adopted and passed by Council at a meeting held on the 14 th day of June, 2023 and are effective as of that date. RECREATIONAL VEHICLE REGULATIONS PUBLISHED BY AUTHORITY The following Regulations have been made by the Town of Steady Brook under
Section 414 (2) (pp) of the Municipalities Act, 1999 SNL1999, c-M.24.
Short Title 1. These Regulations may be cited as the Recreational Vehicle Regulations of the Town of Steady Brook.
Definitions 2. In these Regulations: (a) “Act” means the Off-Road Vehicles Act, SNL 2021, c 0-5.1, as amended from time to time. (b) “Approved Area” means: (
i) forested lands underlain by mineral soil; (ii) a trail constructed under a licence issued under the Lands Act, SNL 1991 c-36; (iii) beaches unless otherwise prohibited by the Minister; (iv) abandoned railway corridors, highways abandoned under the Works, Services and Transportation Act, SNL 1995, c W-12, forest access roads as defined in the Forestry Act, RSNL 1990, c F-23, roads constructed under a licence issued under the Lands Act, SNL 1991 c-36, and any other road constructed for the purpose of providing vehicular access to resources including forestry, agriculture, hydroelectric, recreation, mining, industrial and similar developments; (
v) privately owned lands less than 10 hectares; (vi) working farms; (vii) any lands when snow-covered and frozen below the ground surface; and (viii) other lands prescribed in Regulations made under the Act. (c) “Council” means the Town Council of the Town of Steady Brook. (d) “Designated Route” means any Highway or public pathway approved by Council for use by Off- Road Vehicles, as set out in
Schedule “A” to these Regulations. (e) “Disability-Related Modification” means a modification that is certified, in writing, by either the manufacturer of the Off-Road Vehicle or a dealership authorized by the manufacturer of the Off-Road Vehicle. (f) “Highway” means a place or way, including a structure forming part of the place or way, designed and intended for, or used by, the public for the passage of traffic or the parking of Motor Vehicles, and includes all the space between the boundary lines of the place or way. (g) “Highway Traffic Act” means the Highway Traffic Act, RSNL 1990, c H-3, as amended. THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 476
(h) “Minister” means the minister appointed under the Executive Council Act, SNL 1995, c E-16.1 to administer the Act. (i) “Motor Vehicle” means a motor vehicle registered under the Highway Traffic Act. U) “Off-Road Vehicle” means a wheeled or tracked motorized vehicle designed or adapted for cross- country travel on land, water, ice, snow, marsh, swamp land or other natural terrain including: (
i) a motorized snow vehicle; (ii) an all-terrain vehicle; (iii) a mini-bike, dirt-bike and trail-bike; (iv) a Side-by-Side; (
v) a miniature vehicle such as a dune or sport buggy; (vi) an off-road maintenance machine; or (vii) an amphibious vehicle, but does not include agricultural equipment, infrastructure equipment, a garden lawnmower, lawn tractor, or golf cart. (k) “Regulations” means these Recreational Vehicle Regulations. (I) “Side-by-Side” means an Off-Road Vehicle, other than a dune buggy, that is designed by the manufacturer to have: (
i) seating for the operator and at least one passenger, (ii) a steering wheel, and (iii) either four (4) or more wheels or tracks. (m) “Supervision” means when the operator is using the Off-Road Vehicle, the person supervising is able to at all times: (
i) see the operator and may be seen by the operator and (ii) provide immediate direction to the operator. (n) “Town” means the Town of Steady Brook. Licensing Requirements 3. All Off-Road Vehicles operated in the Town must be registered and insured in accordance with the Act, as amended, and any regulations enacted thereunder. Such registration and insurance must be valid and in full force and effect at the time of operation. Prohibited Operations 4. A person shall not operate an Off-Road Vehicle: (
a) without a plate or decal issued by the Registrar of Motor Vehicles appointed under the Highway Traffic Act affixed to and clearly visible on the Off-Road Vehicle; (
b) without due care and attention or without reasonable consideration for persons or property; (
c) without having completed the training approved by the Registrar where the Act requires that the person complete training; (
d) in any area designated as a park or playground; (
e) on a public pathway, unless included in (schedule
A) list; (
f) on a sidewalk or designated walking and/or bicycling path; (
g) on private property without the express permission of the owner or occupant of the property; (
h) on property owned or occupied by a hospital, health centre, school, or senior citizens’ home; (
i) in any area where signs prohibit the use and operation of Off-Road Vehicles; or
U) while under the influence of any intoxicating substance. 5. A person shall not operate an Off-Road Vehicle in such a manner as to: (
a) constitute a nuisance or create annoyance to residents or other persons; (
b) be hazardous to himself/herself or to other persons or property; or (
c) drive, harass, chase, run over, injure, or kill any wildlife or domestic animal(s). 6. A person shall not operate a mini-bike, dirt-bike, or trail-bike unless: (
a) the person is able to keep both feet on the pedals or foot rests that are designed for use by the operator of the mini-bike, dirt-bike, or trail-bike or (
b) the mini-bike, dirt-bike, or trail-bike is equipped with an approved Disability-Related Modification. 7. A person shall not operate a Side-by-Side unless the person is able to sit with the seatbelt fastened and: (
a) is able to sit with both feet flat on the floor or (
b) the Side-by-Side is equipped with an approved Disability-Related Modification. THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 477
Required Safety Equipment 8. The operator of an Off-Road Vehicle and any passengers must wear (
a) A helmet which conforms to: (
i) the Canadian Standards Association Standard D 230, Safety Helmets for Motorcycle Riders, as amended, and the helmet shall bear the monogram of the Canadian Standards Association Testing Laboratories; (ii) the United States Federal Motor Vehicle Safety Standard 218, as amended, and the helmet shall bear the DOT symbol as used by the United States Department of Transportation; or (iii) the United Nations Economic Commission for Europe, ECE Regulation 22 incorporating the 05 series of amendments, as amended, and the helmet shall bear the approval mark as required by that regulation, which is properly fitted and has the fastening device secured. (
b) a seatbelt where the Off-Road Vehicle is equipped with manufacturer installed seatbelts; and (
c) a face shield, or safety glasses or goggles, where the Off-Road Vehicle is not equipped with a windshield that is of a height adequate to afford protection to eyes, unless: (
i) the Off-Road Vehicle was manufactured with a roll bar and is fully enclosed or (ii) The operator or passenger of the Off-Road Vehicle is wearing protective eye wear in accordance with the Occupational Health and Safety Act, RSNL 1990, c 0-3. Operation on Highway 9. A person shall not drive, operate or otherwise move an Off-Road Vehicle upon a Highway except in accordance with this
Section 9: (
a) A person may drive, operate or move an Off-Road Vehicle across a Highway only at those points where the driver has not less than 30 meters visibility in both directions along the Highway. (
b) A person may drive along a highway to access a trail where: (
i) the Off-Road Vehicle is operated on the shoulder of the highway for a maximum distance of 1 kilometre and yields to Motor Vehicle traffic, and (ii) the Off-Road Vehicle is operated at a speed of not more than 20 kilometres per hour. (
c) A person may drive, operate or move an Off-Road Vehicle upon a Highway when the Highway connects the person’s address (being the address listed on the person’s driver’s license) with the closest Designated Route or Approved Area. (
d) A person may drive, operate or move an Off-Road Vehicle along a Highway when by reason of storm or blizzard the Highway is incapable of being used by Highway Motor Vehicles, but not so as to interfere with snow clearing or other operations being carried out on that portion of the Highway. (
e) A person shall not drive an Off-Road Vehicle upon a Highway unless: (
i) the person is the holder of a class of driver’s license issued under the Highway Traffic Act or, (ii) if the person is under 16 years of age, (
A) the person has completed the training approved by the Registrar, provided that
Section 22(1)(
b) of the Act is in force at the time of operation, and (
B) the Off-Road Vehicle is operated under the Supervision of a person who (
I) is 18 years or age or older and (II) has a valid driver’s license as described in
Section 9(e) (i). 10. An operator of an Off-Road Vehicle shall at all times yield the right of way to: (
a) drivers of all classes of Motor Vehicles on a Highway, (
b) pedestrians on a Highway, and (
c) persons riding bicycling on a Highway. 11. A Highway shall not include roads not normally maintained for the passage of Motor Vehicles, roads not normally frequented by Motor Vehicles, or any Approved Areas. 12. Notwithstanding
Section 9, a person may drive, operate or otherwise move an Off-Road Vehicle upon a Designated Route provided that: (
a) the person is at least 16 years of age, and the holder of a class of driver’s license issued under the Highway Traffic Act; (
b) the person or the Off-Road Vehicle carries a liability insurance policy and proof thereof can be readily produced; (
c) the Off-Road Vehicle is equipped with an exhaust system that is of the original equipment manufacturer, THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 478
is in working order, has not been modified to increase sound, and is operated in a manner to prevent excessive or unusual noise; (
d) the person or the Off-Road Vehicle does not at any time exceed any posted speed limit, and in any event, does not at any time exceed a speed greater than 40 kilometers per hour; (
e) the person at all times yields the right of way to drivers of all other classes of Motor Vehicles; (
f) the person adheres to the “rules of the road”, as described in
Part V of the Highway Traffic Act, or any similar successor legislation; (
g) the person does not operate an Off-Road Vehicle on a Designated Route before May 1 or after November 30 of any year; (
h) the person does not operate an Off-Road Vehicle on a Designated Route earlier than 7 AM or later than 1O PM on any day; and (
i) the person at all times complies with all other provisions of these Regulations and the Act.
Section 21 of the Automobile Insurance Act, RSNL 1990, c A-22, as amended, applies whenever a policy of insurance is required by these Regulations. Age Prohibition 14. A person under 16 years of age shall not operate an Off-Road Vehicle in the Town unless: (
a) the person has completed the training approved by the Registrar, provided that
Section 22(1)(
b) of the Act is in force at the time of operation; (
b) the Off-Road Vehicle is operated under the Supervision of a person who (
i) is 18 years or age or older, (ii) has a valid driver’s license as described in
Section 9(e) (i), and (
c) the Off-Road Vehicle has an engine size which does not exceed the manufacturer’s recommendation for an operator of the age and weight of the person under 16 years of age. Signage 15. Council may erect warning, cautionary, directional, limiting, or prohibiting signs as to the operation of Off-Road Vehicles, and the operator of any Off-Road Vehicle who fails to obey such signs is guilty of an offence under these Regulations. Penalties 16. A person who contravenes or fails to comply with these Regulations is upon
summary conviction guilty of an offence and is liable to a fine of not less than $100 and not more than $1,000, or to a term of imprisonment of not more than six months, or to both the fine and the imprisonment. Coming Into Force 17. Regulations were adopted and passed by Council at a meeting held on the 14 th of June, 2023 and are effective as of that date. NOISE REGULATIONS PUBLISHED BY AUTHORITY The following Regulations have been made by the Town of Steady Brook under
Section 414 (2) (pp) of the Municipalities Act, 1999 SNL1999, c-M.24.
Short Title 1. These Regulations may be cited as the Noise Regulations of the Town of Steady Brook.
Definitions 2. In these Regulations: (i) “Council” means the Town Council of the Town of Steady Brook. (ii) “Motor Vehicle” means a motor vehicle as defined in the Highway Traffic Act, RSNL 1990, c H-3, whether registered or not. (iii) “Noise” means any loud outcry, barking, clamour, shouting, or movement which has an unpleasant effect on the sense of a person or persons, or any sound that is loud, harsh, or undesirable, and which has an unpleasant effect on the senses of a person or persons, including those produced by a Sound System. (iv) “Person” means a natural person or any other legal entity. THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 479
(v) “Property” means any private or public real property within the Town, including land, together with all improvements which have been so affixed to the land as to make them in fact and in law a part thereof. (vi) “Quiet Enjoyment” means the reasonable expectation of quiet, peace, rest, enjoyment, and comfort of any Person. (vii) “Regulations” means these Anti-Noise Regulations. (viii) “Sound System” means any form of radio, stereophonic equipment, or other instrument or any apparatus for the production or amplification of sound. (ix) “Town” means the Town of Steady Brook. General Prohibitions 3.
No Person shall make or cause, or permit to be made or caused, any Noise in or on any Property which unreasonably disturbs the Quiet Enjoyment of any other Person or Persons in the vicinity. Temporal Prohibitions 4. Between the hours of 11 PM and 7 AM daily, no Person shall on any Property within the Town: (
i) use or operate a lawn mower, chain saw, snowmobile, all terrain vehicle, machinery, vehicle or any other equipment, implement or device, Sound System, or musical instrument of any nature whatsoever which is likely to disturb the Quiet Enjoyment of any Person; (ii) load, unload, deliver, collect, pack, unpack or otherwise handle any containers, products, materials, or refuse whatsoever which is likely to disturb the Quiet Enjoyment of Persons in any residential area; or (iii) construct, erect, reconstruct, alter, repair, or demolish any building, structure, or thing or excavate or fill in land in any manner which unreasonably disturbs the quiet, peace, rest, enjoyment, comfort, or convenience of any Person, without the written approval of the Town.
Motor Vehicle Prohibitions 5. No Person shall sound a Motor Vehicle horn or other signaling device required by law any more than is reasonably necessary for the warning and safety of traffic and pedestrians. 6. No Person shall cause the squealing of tires or brakes of a Motor Vehicle by the unnecessary, excessive or rapid braking, turning, or setting in motion of a Motor Vehicle. 7. No Person shall operate a Motor Vehicle that contains an engine, exhaust system, or other apparatus or accessory, which produces noise or sounds which are unreasonably loud or explosive. Animal Prohibition 8.
No person shall keep or maintain, or permit to be kept or maintained, upon any Property, any animal, or animals, which by frequent or long-continued noise disturbs the Quiet Enjoyment of any Person. The noise from any such animal or animals that disturbs two or more persons residing in separate residences adjacent to any property on which such animals are kept or maintained, or three or more persons residing in separate residences in close proximity to the property on which such animals are kept or maintained, is prima facie evidence of a violation of this
Section 8. Exceptions 9. Nothing in these regulations shall be deemed to prohibit: (
i) the sounding of any siren, horn, or signaling device on any ambulance, police, fire, public service or emergency vehicle while responding to a call; (ii) the ringing of church bells or chimes within normal hours; (iii) the sounding of industrial horns or whistles; (iv) the operation of heavy equipment, public works equipment in the maintenance or repair of streets, water and sewage systems, or in snow clearing; or (
v) the Council from: (
a) granting a special permit for a specified period of time; or (
b) waiving these Regulations, for special events, including but not limited to, festivals, concerts, parades, and similar public events. Fireworks: 10. Fireworks can only be discharged on New Year’s Eve and Canada Day between 6:00 PM and 11:00 PM - 1:00 AM the following morning. These times are to accommodate young families as well as adult residents and are designated so that residents with hyper sensitivity or those with pets can prepare. Outside of these dates/times, a permit must be issued from the Town of Steady Brook. (
i) No Person Shall discharge fireworks under the age of 18 years of age. (ii) Fireworks cannot be discharged when wind speed exceeds 40 kph. THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 480
(Ill) Fireworks must be discharged at least 24 metres away from any building, tent, camp, shelter, or Motor Vehicle. (iv) There must always be a means of fire suppression nearby such as a garden hose, bucket of water, or fire extinguisher. Offense 11. A person who contravenes or fails to comply with these Regulations is upon
summary conviction guilty of an offence and is liable to a fine of not less than $100 and not more than $1,000, or to a term of imprisonment of not more than six months, or to both the fine and the imprisonment. Severability 12. It is hereby declared that if a court of competent jurisdiction should declare any
Section or part of a
Section of these Regulations to be invalid, the remainder of these Regulations shall remain valid and in full force and effect. Coming Into Force 13. Regulations were adopted and passed by Council at a meeting held on the 14 th of June, 2023 and are effective as of that date. WATER AND SEWERAGE REGULATIONS PUBLISHED BY AUTHORITY The following Regulations have been made by the Town of Steady Brook under
Section 414(2) of the Municipalities Act, 1999 SNL1999, c-M.24.
Short Title 1. These Regulations may be cited as the Water and Sewerage Regulations of the Town of Steady Brook.
Definitions 2. In these Regulations: (a) “Council” means the Town Council of the Town of Steady Brook. (b) “Curb Stop” means the valves controlling the flow of water from the Town’s Main to a Property. (c) “Customer” means any Person whose Property is connected to the System. (d) “Main” means either: (
i) the Town’s primary underground pipe for the purpose of a municipal water distribution system or (ii) the Town’s primary underground pipe for the purpose of disposing sewerage, as the context requires. (e) “Person” means a natural person or any other legal entity. (f) “Property” means any private or public real property within the Town, including land, together with all improvements which have been so affixed to the land as to make them in fact and in law a part thereof. (g) “Regulations” means these Water and Sewerage Regulations. (h) “Services” means: (
i) a water supply system and/or (ii) a sewerage disposal system supplied to a Customer, as the context requires. (i) “Service Lines” means all or part of either: (
i) service lines for the supply of water or (ii) service lines for the disposal of sewerage, as the context requires. (j) “System” means the public water supply and sewer system of the Town of Steady Brook. (k) ‘Town” means the Town of Steady Brook. Contracts for Services 3. The Town shall have no obligation to provide Services to any Person unless that Person has submitted an application for Services to the Council. 4.
Contracts for Services shall be for a duration of one (1) year and shall automatically renew on a month- to-month basis thereafter until terminated by either the Town or the Customer by thirty (30) days written notice. 5. Invoices for Services rendered shall be issued by the Town to the Customer on a quarterly basis and shall be due and payable upon issuance. 6. Notwithstanding
Section 3, the Town may discontinue Services to any Customer who has failed to pay an invoice for Services for three (3) or more months from the date on which the invoice was issued. 7. A service charge of twenty-five dollars ($25.00) shall be charged to any Customer whose Services are disconnected due to either the Customer’s request or non-payment of an invoice in accordance with
Section 6. 8. The Town shall require any Customer whose Services have been disconnected to pay all outstanding arrears prior to reconnecting that Customer’s Services. THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 481
Services Infrastructure 9. Service Lines for the supply of water shall be: (
a) of a metal construction and not less than 1.27 centimeters (0.5 inches) in diameter or such greater size as may be required by Council; (
b) installed at a minimum underground depth of 1.8 meters (6 feet); and (
c) installed by the Town from the Main to the Curb Stop at a cost of: (i) $350.00 for water Services only (Residential), (ii) $690.00 for sewer Services only (Residential), (iii) $500.00 for water Services only (Commercial), or (iv) $1380.00 for Services only (Commercial), which shall be payable by the Customer to the Town. 10. Service Lines for the disposal of sewerage shall be: (
a) not less than 10.16 centimeters (4 inches) in diameter or such greater size as may be required by Council; (
b) installed at a minimum of 2% slope; and (
c) installed in a continuous straight line without sags or crests, unless a bend is required, in which case the bend shall include a cleanout flue. 11. There shall be one (1) sewer Service Line for each dwelling unit on a Property unless otherwise specified by Council or these Regulations. 12. A Property with an apartment building containing three to eight (3 to 8) dwelling units shall have two (2) 15.24 centimeter (6 inch) sewer Service Lines. 13. A Property with apartment buildings containing more than eight (8) dwelling units shall have a number of sewer Service Lines to be specified by Council. 14. No Person other than: (
a) an authorized representative of the Town or (
b) a Person engaged by the Town for the purpose of connecting Service Lines shall connect sewer and water pipes to the System. 15. The installation of Service Lines and the materials used in such installation shall be subject to the approval of Council. 16. Where new Mains are to be installed, a manhole of a size to be approved by Council shall be provided by the contractor or developer who requires such installation. 17. Under no circumstances shall the Town be responsible to the Customer or any other party for the installation of Service Lines from a Curb Stop to a building or buildings on any Property.
Subdivisions 18. All subdivisions being connected to the Main shall have manholes installed subject to the approval of Council. 19. All costs of connecting subdivisions to the Main shall be the responsibility of the developer. 20. A sewer hook-up and inspection fee of twenty-five dollars ($25.00) shall be charged to Persons who require a Property located within a subdivision to be connected to the System where the developer has installed Service Lines. Maintenance and Repair of Services Infrastructure 21. All damaged Service Lines shall be repaired as soon as possible. 22. Service Lines shall be: (
a) repaired by the Town at the Town’s expense if the damage occurs between the Main and the Curb Stop or (
b) repaired by the Customer at the Customer’s expense if the damage occurs elsewhere. 23. Notwithstanding
Section 22, the Council may repair any part of a Service Line at the Customer’s request, provided that the Customer submits ·to the Town a deposit to cover the estimated cost of the work. Any excess deposit funds shall be returned to the Customer after the completion of the work. Any further balance owed to the Town in excess of the deposit for the work shall be paid, in full, by the Customer to the Town within ninety (30) days of invoicing. 24.
If a leak occurs on the Customer’s portion of the Service Line, the Town may discontinue Services to such Service Line if, at the discretion of Council, such action is necessary in order to prevent wastage of water. The Town shall notify the Customer affected of its intention to discontinue such supply. 25. Freezing in a Service Line shall be thawed at the Customer’s expense, unless such freezing occurs as a result of actions taken by Town, in which case it shall be thawed at the Town’s expense. Storm Drainage Pipe Installation Prohibited 26. No Person shall connect storm drainage pipes to a sewer Service Line.
THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 482
27. The Town and its authorized representatives shall have the right to inspect all sewer Service Lines to ensure that storm drainage pipes are not connected. 28. A storm drainage pipe installed contrary to
Section 26 shall be rectified to the satisfaction of Council at the Customer’s expense. Access to Customer Premises 29. Authorized representatives of the Town shall have the right of access to all parts of a Customer’s Property for the purpose of inspecting any water or sewer infrastructure, or for the purpose of installing, removing, repairing, reading, or inspecting meters. When possible, the Town will give notice. 30. The Town shall have the right to suspend Services to any Customer who refuses access to their Property contrary to
Section 29. General Prohibitions 31. No Person shall: (
a) cause or permit the improper use or waste of water; {
b) sell or give water to any Person except under such conditions or for such purposes as may be approved by the Council in writing; (
c) cause or permit the dumping of water, material, chemicals, or other harmful substances not normally used by a household into the sewer system; (
d) tamper with, in any way, the flow of sewerage or infrastructure provided to pump and treat sanitary waste; and (
e) unless authorized by the Council, draw water from open, close, cut, break, obstruct from free access to, or in any way injure or interfere with any hydrant, Main, water pipe, stop cock, meter, or other part of the System. 32. Notwithstanding
Section 31, nothing in these Regulations shall be deemed to prevent an officer or member of the Town’s fire department from using any hydrant or other part of the System when responding to fire-related emergencies. Limitation of Liability 33. The Town shall not be liable for any damages resulting from the flooding of sewerage if such flooding occurred due to a failure to properly install a back- water valve. Penalties 34. A Person who contravenes or fails to comply with these Regulations is upon
summary conviction guilty of an offence and is liable to a fine of not less than $100 and not more than $1,000, or to a term of imprisonment of not more than six months, or to both the fine and the imprisonment. 35. Prosecution under these Regulations may be taken summarily by any member of the Council, or by any police authority, or by any Person authorized by the Council. 36. Notwithstanding
Section 5 of the Provincial Offences Act, SNL 1995 c P-31.1, any Person who violates these Regulations is upon
summary conviction guilty of an offence and is liable to a fine of not more than the maximum and not less than the minimum amount prescribed for such offence in
Schedule “A” attached hereto. Coming Into Force 37. These Regulations were adopted and passed by Council at a meeting held on the 14 th of June, 2023 and are effective as of that date. LITTER REGULATIONS PUBLISHED BY AUTHORITY The following Regulations have been made by the Town of Steady Brook under
Section 414(2) of the Municipalities Act, 1999 SNL1999, c-M.24.
Short Title 1. These Regulations may be cited as the Town of Steady Brook Anti-Litter Regulations.
Definitions 2. In these Regulations: (a) “Authorized Receptacles” shall mean a storage or collection receptacle designed for the collection of Litter. (b) “Commercial Property” means any property or building that is used or designed for use for business, commercial, industrial, or institutional purposes. (c) “Council” shall mean the Town Council of the Town of Steady Brook. (d) “Litter” means refuse, debris, litter, garbage or any unsanitary, offensive or injurious substance or
article of any kind, including (but not limited to), any dilapidated or unsightly vehicle, machine, article, or thing. THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 483
(e) “Municipal Enforcement Officer” means any individual appointed pursuant to
Section 179 of the Act. (f) “Notice” has the meaning set forth in
Section 9. (g) “Occupant” means any Person who: (
i) owns or resides at; (ii) conducts business at; (iii) is in physical possession of; or (iv) has responsibility for, or has lawful control over, the condition of or activities conducted on any real property within the jurisdiction of the Town of Steady Brook. (h) “Person” means a natural person or any other legal entity. (i) “Regulations” means these Litter Regulations. (j) “Removal Order” has the meaning set forth in
Section 11. (k) “Town” means the Town of Steady Brook. Prohibitions 3. No Person shall throw, place, dump, deposit, or permit to be thrown, placed, dumped, or deposited any Litter in or upon any public place within the Town, including (but not limited to), streets, roads, sidewalks, parks, and bodies of water. 4. No Person shall throw, place, dump, deposit, or permit to be thrown, placed, dumped, or deposited any Litter in or upon any private property within the Town, regardless of whether that Person is the Occupant of the property or not, except to the extent that the Occupant of the property maintains Authorized Receptacles for the collection of Litter in accordance with
Section 8. 5. All Persons shall keep their respective property and the sidewalk fronting their property free of any Litter. 6. The Occupant of a Commercial Property shall keep the street, sidewalk, and drainage ditch, or curb and gutter abutting or adjacent to their Commercial Property, free of all Litter. 7. No person shall post or affix any notice, poster, or similar instrument to any lamp post, public utility pole, tree, or upon any public structure or building, except as may be authorized by Council or required by law. Use of Authorized Receptacles 8.
All Persons shall ensure that Litter is stored only in Authorized Receptacles and shall do so in such a manner as to prevent the Litter from being carried, deposited, or otherwise distributed throughout any public space or private property of another Person within the Town. Disposal Notices 9. A Municipal Enforcement Officer may issue a notice in writing to an Occupant who fails to comply with these Regulations (a “Notice”). The Notice shall require that, within a prescribed time, the Occupant(
s) dispose of any Litter located or improperly stored upon such property. 10. If an Occupant cannot be located such that a Notice cannot be served upon them despite the reasonable efforts of the Municipal Enforcement Officer and/ or the Town, the Notice may be affixed or posted to any door of any building on the property or, if there are no buildings, any visible location on the property. A Notice served in accordance with this
Section 10 shall be deemed to have been property served on the Occupant after the expiration of seventy-two (72) hours after it was so posted or affixed. Removal Orders and Enforcement 11. If an Occupant fails to comply with a Notice issued pursuant to
Section 9, the Council may, by a majority vote, cause the Litter to be removed and disposed of (a “Removal Order”). 12. The Council may also, by majority vote, require the Occupant(
s) to reimburse the Town for all reasonable expenses incurred in relation to a Removal Order. 13. A Municipal Enforcement Officer or any other person duly assigned by the Council to enforce these Regulations shall be responsible for the enforcement of a Removal Order. Penalties 14. A Person who contravenes or fails to comply with these Regulations is upon
summary conviction guilty of an offence and is liable to a fine of not less than $100 and not more than $1,000, or to a term of imprisonment of not more than six months, or to both the fine and the imprisonment. 15. Prosecution under these Regulations may be taken summarily by any member of the Council or by any police authority or by any Person authorized by the Council. 16. Notwithstanding
Section 5 of the Provincial Offences Act, SNL 1995 c P-31.1, any Person who violates THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 484
these Regulations is upon
summary conviction guilty of an offence and is liable to a fine of not more than the maximum and not less than the minimum amount prescribed for such offence in
Schedule “A” attached hereto. Coming Into Force 17. These Regulations were adopted and passed by Council at a meeting held on the 14 th of June, 2023 and are effective as of that date. TOWN OF STEADY BROOK Bill Dawson, Mayor Dec. 22 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late DORIS HART of Deep Bay, in the Province of Newfoundland and Labrador, Retired, Deceased.
ALL PERSONS claiming to be creditors of or who have any claims or demands upon or affecting the Estate of DORIS HART, the aforesaid deceased, who died at Fogo, in the Province of Newfoundland and Labrador on or about the 3 rd day of February, 2021, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 5 th day of January, 2024 after which date the Executrix wit] proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice.
DATED at the Town of Twillingate, Newfoundland and Labrador, this 19th day of December, 2023. PEDDLE LAW Solicitor for the Executrix PER: MICHAEL D. PEDDLE ADDRESS FOR SERVICE: Peddle Law PO Box 518 38 Main Street Twillingate, NL A0G 4M0 Tel: (709) 884-1751 Fax: (709) 702-0799 Dec. 22 ESTATE NOTICE IN THE ESTATE OF LEONARD CLEMENT PELLEY of the Town of Hant’s Harbour, in the Province of Newfoundland and Labrador, Deceased.
ALL PERSONS claiming to be creditors of, or who have any claims or demands upon or affecting, the estate of the late LEONARD CLEMENT PELLEY , of the Town of Hant’s Harbour, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned, Solicitors for the Executor of the said deceased, on or before the 19 th day of January, 2024, after which date the Executor will proceed to distribute the said Estate having regard only to the claim(
s) of which he then shall have had notice. DATED at the Town of Carbonear, in the Province of Newfoundland and Labrador, this 8th day of December, 2023. BABB LAW OFFICE Solicitors for the Executor PER: JESSICA M. BABB, B.A., J.D. ADDRESS FOR SERVICE: P.O. Box 400 18 Goff Avenue Carbonear, NL AIY 1B8 Tel: (709) 596-2377 Toll Free: 1-800-596-0596 Fax: (709) 596-0415 Email: babblaw@babblaw.ca Dec. 22 THE NEWFOUNDLAND AND LABRADOR GAZETTE December 22, 2023 485
THE NEWFOUNDLAND AND LABRADOR GAZETTE
PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT V ol. 98 ST. JOHN’S, FRIDAY , DECEMBER 22, 2023 No. 51 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 91/23 NLR 92/23 NLR 93/23 NLR 94/23 NLR 95/23 NLR 96/23 NLR 97/23 NLR 98/23 NLR 99/23 NLR 100/23 NLR 101/23 NLR 102/23 NLR 103/23 NLR 104/23 NLR 105/23 NLR 106/23 NLR 107/23 NLR 108/23 NLR 109/23 NLR 110/23 NLR 111/23
NEWFOUNDLAND AND LABRADOR REGULATION 91/23 Proclamation bringing the Act into force (SNL2023 c24) [In force December 21, 2023] under
An Act to Amend the Highway Traffic Act, the City of Corner Brook Act, the City of Mount Pearl Act, and the Municipalities Act, 1999 (O.C 2023-288) (Filed December 21, 2023) CHARLES THE THIRD, by the Grace of God King of Canada and His Other Realms and Territories Head of the Commonwealth. JOAN MARIE J. AYLWARD Lieutenant Governor DENIS MAHONEY, K.C. Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION
WHEREAS in and by
section 15 of
An Act to Amend the Highway Traffic Act, the City of Corner Brook Act , the City of Mount Pearl Act, the City of St. John's Act and the Municipalities Act, 1999, Statutes of Newfoundland and Labrador 2023
Chapter 24 (the "Act"), it is provided that the Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council; AND
WHEREAS it is deemed expedient that the Act shall now co me into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that
An Act to Amen d the Highway Traffic 629The Newfoundland and Labrador Gazette December 22, 2023
Proclamation bringing the Act into force under
An Act to Amend the Highway Traffic Act, the City of Corner Brook Act, the City of Mount Pearl Act, and the Municipalities Act, 1999 91/23 Act, the City of Corner Brook Act, the City of Mount Pearl Act, the City of St. John's Act and the Municipalities Act, 1999, Statutes of Newfoundland and Labrador 2023
Chapter 24 , shall come into force on the date of publication of this Proclamation in the Newfoundland and Labrador Gazette. OF AL L WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF W E have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well -beloved the Honourable Joan Marie J.
A ylward, Chanc ellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMEN T HOUSE, in Our City of St. John’s, th is 20th day of December in the year of Our Lord two thousand and twenty- three, in the s econd year of Our Reign. BY COMMAND, JUDITH HEARN Deputy Registrar General 630 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 92/23 Automobile Insurance Regulations, 2019 (Amendment) under the Automobile Insurance Act (O.C. 2023-289) (Filed December 21, 2023) Under the authority of
section 60 of the Automobile Insurance Act, the Lie utenant-Governor in Council makes the following regulations. Dated at St. John’s, December 20, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.
Definitions 1. Paragraph 2(
g) of the Automobile Insurance Regulation s, 2019 is repealed and the following substituted: (g) "public vehicle" means NLR 56/19 631 The Newfoundland and Labrador Gazette December 22, 2023
Automobile Insurance Regulations, 2019 (Amendment) 92/23 (
i) an automobile used primarily to provide transportation services to the public and includes ambulances, daily rental vehicles, funeral hearses, private buses, public buses, school buses and taxis, and (ii) an automobile used for a ride-sharing service; ©King's Printer 632 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 93/23 Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations under the Highway Traffic Act (Filed December 21, 2023) Under the authority of
section 7 7 of the Highway Traffic Act, I make the following regulations. Dated at St. John’s, December 21, 2023. Sarah Stoodley Minister of Digital Government and Service Newfoundland and Labrador REGULATIONS Analysis 1.
Short title 2.
Definitions 3. Application 4. Insurance required 5. Commercial motor vehicle insurance 6. Certificate of insurance 7. Penalties 8. Repeal
Schedule 633 The Newfoundland and Labrador Gazette December 22, 2023
Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations 93/23 1. These regulations may be cited as the Ambulance, Bus, School Bus, Taxi, Ride -Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations. 2.
In these regulations (a) "accident" includes damage to cargo, containers or their contents; (b) "Act" means the Highway Traffic Act; (c) "cargo" includes personal property of every description that may b e conveyed upon a motor vehicle or trailer except a passenger's personal baggage; (d) "certificate of insurance " means a certificate in the form set by the registrar in accordance with subsection 6(2) and filed with the registrar in accordance with these regulations; (e) "gross vehicle mass" means the mass recorded on the vehicle registration and used to determine the registration fees under the Act; (f) "motor vehicle liability policy" means a motor vehicle liability policy as defined in the Automobile Insurance Act; (g) "owner" means, in relation to a vehicle , the person in whose name the vehicle is registered; (h) "passenger" includes, for the purpose of calculating the seating capacity of an ambulance, bus, school bus , taxi or ride-sharing vehicle, the driver; (i) "ride-sharing vehicle" means a motor vehicle used for a ride - sharing service; and (j) "school contract vehicle" means a passenger vehicle, designed to carry 6 or fewer passengers in addition to the driver, under a contract with a school board to carry children to and from school and school related activities.
Short title
Definitions 634 The Newfoundland and Labrador Gazette December 22, 2023
Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations. 93/23 3.
(1) These regulations shall apply to every ambulance, bus, school contract vehicle, school bus, taxi, ride -sharing vehicle and commercial motor vehicle operated in t he province whether or not they are operated for hire, gain or reward.
(2) Notwithstanding subsection (1),
section 6 does not apply to school contract vehicles and ride-sharing vehicles. 4. An owner of an ambulance, bus, school contrac t vehicle, school bus, taxi or ride-sharing vehicle shall have and keep in force in relation to it (
a) a motor vehicle liability insurance policy containing provisions which insure third parties against loss for amounts not less than the amounts set out in subsection 21(1) of the Automobile Insurance Act; and (
b) a motor vehicle liability insurance policy containing provisions which insure against liability arising out of bodily injury to or the death of or loss or damage to property belonging to a pass enger arising from any one accident for the amounts specified i n the s chedule exclusive of interest and costs. 5.
An owner of a commercial motor vehicle , other than an ambulance, bus, school contract vehicle, school bus, taxi or ride - sharing vehicle, used for the transport of dangerous goods listed under the Transportation of Dangerous Goods Act (Canada) shall have and keep in force in relation to it a motor vehicle liability insurance policy containing provisions which insure third parties against bodily injury to or the death of a person or for loss of or damage to property of others other than cargo (
a) for the amount of $1,000,000; or (
b) notwithstanding paragraph (a), for the amount of $2,000,000 where the dangerous goods (
i) are s pecified as Class 1 in C olumn 3 of
Schedule 1 of the Transportation of Dangerous Goods Regulations (Canada), or Application Insurance required Commercial motor vehicle insurance 635 The Newfoundland and Labrador Gazette December 22, 2023
Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations. 93/23 (ii) require an emergency response plan to be filed with the Director General of the Transport Dangerous Goods Directorate, Tr ansport Canada, under
Part 7 of the Transportation of Dangerous Goods Regulations (Canada). 6.
(1) For the purposes of this
section "policy" means a motor vehicle liability insurance policy covering a motor vehicle.
(2) The regis trar may set the form on which a certificate of insurance shall be filed.
(3) A certificate of insurance filed with the registrar for the purposes of this
section shall be considered to be a conclusive admission by the insurer that a policy has been issue d and is in accordance with the terms of the certificate of insurance.
(4) The insurer shall sign each certificate of insurance certifying that at the date of issue of the certificate of insurance the policy or policies referred to in the certificate of i nsurance are in full force and effect and shall show the name and address of the insured and all vehicles to which the policy applies.
(5) Every insurer shall notify in writing the registrar of the cancellation or expiration of a policy for which a certif icate of insurance has been issued in accordance with this
section at least 10 days before the effective date of cancellation or expiration and, in the absence of that notice of cancellation or expiration, the policy shall remain in full force and effect.
(6) A person who (
a) produces to a traffic officer a certificate of insurance (
i) purporting to show that there is in force a policy that is in fact not in force, (ii) purporting to show that that person is at that time maintaining in effect proof of f inancial responsibility as required by these regulations when that is not the case, or Certificate of insurance 636 The Newfoundland and Labrador Gazette December 22, 2023
Ambulance, Bus, School Bus, Taxi, Ride-Sharing Vehicles and Commercial Motor Vehicles Insurance Regulations. 93/23 (iii) purporting to show that the person named in the certificate of insurance as the insured is at the time of an accident in which a motor vehicle is directly or indirectly involved insured in respect of loss resulting from that accident and occasioned by the operation or use of that motor vehicle when that is not the case; or (
b) gives or loans to a person not entitled to have it a certificate of insurance issued under these regulations, is guilty of an offence. 7.
(1) A person who contravenes a provision of these regulations is guilty of an offence and is liable on
summary conviction to a fine of not less than $450 and not more than $1,260 or in default of payment of the fine to imprisonment for a period of not less than 15 days and not more than 45 days.
(2) Where an offence is committed or continued on more than one day the person who committed the offence is liable to be convicted of a separate offence for each day on which the offence is committed or continued. 8. The Ambulance, Bus, School Bus, Taxi and Commercial Motor Vehicles Insurance Regulations , Consolidated Newfoundland and Labrador Regulation 999/96, are repealed.
Schedule Ambulance, Bus, School Contract Vehicle, School Bus, Taxi a nd Ride- Sharing Vehicle with seating capacity of (a) 1 to 21 - $1,000,000; and (b) 22 or more - $2,000,000. ©King's Printer Penalties Repeal 637 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 94/23 Highway Traffic Driver Regulations, 1999 (Amendment) No. 2 under the Highway Traffic Act (O.C. 2023-290) (Filed December 21, 2023) Under the authority of
section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 21, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.3 Amdt. Classes of licence 1.
(1) Subparagraph 3(2)(d)(
i) of the H ighway Traffic Driver Regulations, 1999 is repealed and the following substituted: (
i) taxis, motor vehicles used for a ride-sharing service, ambulances and buses which carry not more than 24 passengers, and NLR 110/98 as amended 639 The Newfoundland and Labrador Gazette December 22, 2023
Highway Traffic Driver Regulations, 1999 (Amendment) No. 2 94/23 (2) Paragraph 3(2)(
e) of the regulations is re pealed and the following substituted: (
e) class 5 driver’s licence which shall permit the holder to operate (
i) all motor vehicles with not more than 2 axles and combinations of vehicles where the towed vehicle is not more than 4500 kilograms in weight other than (
A) buses while carrying passengers, (
B) taxis while carrying passengers, (
C) motor vehicles used for a ride -sharing service while carrying passengers for compensation, and (
D) ambulances while carrying passengers, (ii) self propelled motor homes with 2 or more axles, (iii) farm tractors, (iv) fork lifts, (
v) trucks designed for off highway use, and (vi) backhoes; ©King's Printer 640 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 95/23 Official Inspection Station Regulations (Amendment) under the Highway Traffic Act (O.C. 2023-291) (Filed December 21, 2023) Under the authority of subsection 196(1) of the Highway Traffic Act, the Lie utenant-Governor in Council makes the following regulations. Dated at St. John’s, December 20, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.3 Amdt. Certificate of appointment 2. S.6 Amdt. Application for appointment certificate 3. S.10 Amdt. Inspection required 4. S.15 Amdt. Requirements not met 5. S.17 Amdt. Details required 6. S.19 Amdt.
Prohibitions 7. S.20 Amdt. Authorized inspection mechanic 8. Sch. B Amdt. 641 The Newfoundland and Labrador Gazette December 22, 2023
Official Inspection Station Regulations (Amendment) 95/23 1. Subsection 3(2) of the Official Inspection Station Regulations is amended by deleting the words "he or she" and substituting the words "the minister". 2. Subsection 6(4) of the regulations is amended by deleting the words "he or she" and substituting the words "the minister". 3. (1) Subsection 10(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the registrar's". (2) Subsection 10(10) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar".
Section 15 of the regulations is amended by deleting the words "he or she" and substituting the words "the minister".
Section 17 of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar". 6. Subsection 19(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".
Section 20 of the regulations is amended by deleting the words "he or she" and substituting the words "the authorized inspection mechanic". 8.
Schedule B of the regulations is amended by deleting the word "taxis" in column 2, row 2 and substituting the words "taxis and motor vehicles used for a ride-sharing service". ©King's Printer CNLR 1002/96 as amended 642 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 96/23 Transportation Network Company Regulations under the Highway Traffic Act (O.C.2023 -297) (Filed December 21, 2023) Under the authority of
section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 21, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.
Short title 2.
Definitions 3. Application for licence 4. Terms and conditions of licence 5. Identification decal 6. Information to be provided to passengers 7. Payment and receipt 8. Records 9. Retention of records 643 The Newfoundland and Labrador Gazette December 22, 2023
Transportation Network Company Regulations 96/23 1. These regulations may be cited as the Tr ansportation Network Company Regulations. 2. In these regulations, (a) "Act" means the Highway Traffic Act; (b) "class 4 driver's licence" means a licence issued under paragraph 3(2)(
d) of the Highway Traffic Driver Regulations, 1999; and (c) "trip" means the use of a ride -sharing service for transportation. 3. In addition to the documents and information prescribed in
section 24.1 of the Act, a person applying for a licence to carry on business as a transportation network company shall provide the following documents and information: (
a) a list of the drivers affiliated with the transportation network company at the date of the application for a licence; (
b) the name of the transportation network; (
c) proof satisfactory to the registrar that the transportation network company (
i) maintains insurance of a type and amount required under the Ambulance, Bus, School Bus, Taxi , Ride - Sharing Motor Vehicles and Commercial Motor Vehicles Insurance Regulations for all drivers affiliated with the transportation network company, (ii) obtained a certified criminal records check satisfactory to the registrar from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or another organization approved by the minister for all drivers affiliated with the transportation network company at the date of the application for a licence, (iii) is an HST registrant as defined in paragraph 2(dd) of the Revenue Administration Act, and
Short title
Definitions Application for licence 644 The Newfoundland and Labrador Gazette December 22, 2023
Transportation Network Company Regulations 96/23 (iv) uses a global positioning system which is capable of monitoring and recording the locations of all motor vehicles affiliated with the transportation network company; and (
d) a copy of the transportation network company's policies and procedures relating to criminal record checks of drivers affiliated with the transportation network company that is satisfactory to the registrar. 4.
(1) A licence issued under
section 24.1 of the Act is subject to the terms and conditions prescribed in subsection (2).
(2) A transportation network company shall (
a) notify the registrar of any cha nge in the information or documentation provided to the registrar under
section 3; (
b) ensure that all drivers affiliated with the transportation network company have a class 4 driver's licence; (
c) ensure that all motor vehicles affiliated with the transportation network company comply with the Act and regulations made under the Act; (
d) ensure that the following information is maintained on the transportation network: (
i) a clear and accurate image of each driver affiliated with the transportation network company which matches the current likeness of the driver, (ii) the first name of each driver affiliated with the transportation network company, (iii) the make, model, model year or image and the licence plate number of the motor vehicle used by each driver affiliated with the transportation network company, and (iv) the name and contact information for the transportation network company; Terms and conditions of licence 645 The Newfoundland and Labrador Gazette December 22, 2023
Transportation Network Company Regulations 96/23 (
e) ensure that all drivers affiliated with the transportation network company (
i) comply with the Act and regulations under the Act, (ii) do not have conditions or restrictions on their driver's licence or motor vehicle registration which would prohibit them from operating a motor vehicle used for a ride-sharing service, and (iii) are not subject to any unde rtaking, release order, recognizance, probation order, prohibition order or other court issued order prohibiting or preventing the m from performing any function relating to providing a ride - sharing service; (
f) submit to the registrar monthly a list of all drivers affiliated with the transportation network company; (
g) notify the registrar immediately when a driver affiliated with the transportation network company ceases to be affiliated with the transportation network company; (
h) terminate a driver 's affiliation with the transportation network company where the driver or the driver's motor vehicle no longer satisfies the requirements of the Act or regulations under the Act; (
i) use its transportation network to (
i) facilitate the pre-arrangement and dispatch of all trips, (ii) transmit all information required to be provided to passengers and drivers as required by these regulations, and (iii) record information required to be recorded under these regulations; and (
j) not accept a request for or dispatch a trip through any means other than through the transportation network. 646 The Newfoundland and Labrador Gazette December 22, 2023
Transportation Network Company Regulations 96/23 5.
(1) A motor vehicle used for a ride -sharing service shall have a decal issued by the transportation network company.
(2) The decal referred to in subsection (1) shall (
a) measure at least 8 centimetres by 8 centimetres or have a surface area of at least 64 square centimetres; (
b) be located on at least 2 sides of the motor vehicle; and (
c) be visible to the public. 6.
(1) A transportation network company shall (
a) provide the following information to a passenger in a clear and unambiguous manner at the time a passenger requests a trip and before the start of the trip: (
i) the applicable rate charged for the trip, (ii) any variable or surge pricing for the trip, (iii) an estimate of the total cost of the trip, (iv) if any other passengers can or are being picked up on the trip, (
v) the first name and clear and accurate image of the driver which matches the current likeness of the driver, (vi) the motor vehicle make, model, model year or image and motor vehicle licence plate number, and (vii) estimated time of pick up; (
b) make the following information publicly accessible on its website or transportation network at all times: (
i) that payment may only be made through the transportation network, Identification decal Information to be provided to passengers 647 The Newfoundland and Labrador Gazette December 22, 2023
Transportation Network Company Regulations 96/23 (ii) a way to contact the transportation network company including the legal name of the transportation network company and its registered business address, (iii) that the trip data is being recorded including a link to the transportation network company's privacy policy, and (iv) information regarding the trip request cancellation policies; (
c) for the duration of the trip, provide the global pos itioning system tracking of the location and route of the motor vehicle in a format that can be shared by the passenger with others not in the motor vehicle; (
d) for the duration of the trip, provide the information contained in subparagraphs (1)(a)(
v) and (vi); (
e) provide the ability for the passenger to rate the driver; and (
f) include a process by which the passenger accepts or refuses the motor vehicle used for a ride -sharing service before the trip is initiated and keep a record of such acceptance or refusal.
(2) The driver and motor vehicle identified under paragraph (1)(
a) shall be the driver and motor vehicle that provide the ride-sharing service requested by the passenger.
(3) All calculation s relating to distance, time or cost shall be accurate and completed in a manner as to not be misleading or deceptive.
(4) Charges other than those disclosed in accordance with this
section shall not be charged to a passenger for the ride -sharing service requested by the passenger. 7.
(1) A transportation network company shall provide a secure payment mechanism through its transportation network. Payment and receipt 648 The Newfoundland and Labrador Gazette December 22, 2023
Transportation Network Company Regulations 96/23
(2) A person shall not accept payment for a ride -sharing service other than through the transportation network of a tran sportation network company.
(3) For each trip a transportation network company shall issue a receipt to the passenger containing the following information: (
a) the total amount paid; (
b) the date, time and duration of the trip; (
c) the pick-up and drop off locations; (
d) the route taken; (
e) the driver's first name; (
f) the motor vehicle licence plate number; and (
g) the name of the transportation network company.
(4) A receipt referred to in subsection (3) may be provided electronically. 8.
(1) A transport ation network company shall use its transportation network to record the following information for each trip dispatched by the transportation network company: (
a) the date and time of each request for a ride -sharing service received through the transportation network; (
b) the date and time a driver accepts the dispatch; (
c) the date and time of pick-up and drop off; (
d) the duration of the trip; (
e) the motor vehicle licence plate number; (
f) the full name of the driver; and (
g) the route taken. Records 649 The Newfoundland and Labrador Gazette December 22, 2023
Transportation Network Company Regulations 96/23
(2) In addition to the records required under subsection (1), a transportation network company shall keep the following records: (
a) a list of every driver and motor vehicle affiliated with the transportation network company including the driver's full name and address and the motor vehicle make, model, model year and licence plate number; and (
b) inspections of motor vehicles affiliated with the transportation network company.
(3) A transportation network company shall obtain the consent of each driver affi liated with the transportation network company for the collection, use and disclosure of any personal information required to be collected, used or disclosed under the Act or these regulations. 9.
(1) A transportation network company shall retain the records required to be kept under these regulations in an accessible format for a minimum of 4 years from the date the record was created.
(2) Where requested, a transportation network company shall provide, in the form, manner and time s et by the registrar, the information and records referred to in subsections 8(1) and (2).
(3) A transportation network company shall ensure that records destroyed after the retention period referred to in subsection (1) are destroyed in a secure manner. ©King's Printer Retention of records 650 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 97/23 Proclamation bringing the Act into force (SNL2023 c4) [In force December 22, 2023] under
An Act to Amend Various Acts of the Province Respecting the Alternate Witnessing of Documents by Lawyers (O.C 2023-292) (Filed December 21, 2023) CHARLES THE THIRD, by the Grace of God King of Canada and His Other Realms and Territories Head of the Commonwealth. JOAN MARIE J. AYLWARD Lieutenant Governor DENIS MAHONEY, K.C. Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION
WHEREAS in and by
section 60 of
An Act to Amend Various Acts of the Province Respecting the Alternate Witnessing of Documents by Lawyers, Statutes of Newfoundland and Labrador 2023
Chapter 4 (the "Act"), it is pro vided that the Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council; AND
WHEREAS it is deemed expedient that the Act shall now come into force; 651The Newfoundland and Labrador Gazette December 22, 2023
An Act to Amend Various Acts of the Province Respecting the Alternate Witnessing of Documents by Lawyers 97/23 NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that
An Act to Amend Various Acts of the Province Respecting the Alternate Witnessing of Documents by Lawyers , Statutes of Newfoundland and Labrador 2023
Chapter 4, shall come into force on the date of publication of the Proclamation in the Newfoundland and Labrador Gazette. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well -beloved the Honourable Joan Marie J.
Ayl ward, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE, in Our City of St. John’s, this 20 th day of December in the year of Our Lord two thousand and twenty- three, in the second year of Our Reign. BY COMMAND, JUDITH HEARN Deputy Registrar General 652 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 98/23 Commissioners for Oaths Regulations under the Commissioners for Oaths Act (O.C. 2023-293) (Filed December 21, 2023) Under the authority of
section 16 of the Commissioners for Oaths Act, the Lieutenant -Governor in Council makes the following regulations. Dated at St. John’s, December 20, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.
Short title 2. Definition 3. Use of audio-visual technology 1. These regulations may be cited as the Commissioners for Oaths Regulations. 2. In these regulations, "Act" means the Commissioners for Oaths Act.
Short title Definition 653 The Newfoundland and Labrador Gazette December 22, 2023
Commissioners for Oaths Regulations 98/23 3. Where a barrister witnesses an affidavit, a declaration, an affirmation or a certi ficate in accordance with
section 4 of the Act through the use of audio-visual technology, the barrister shall (
a) take all reasonable steps to verify the identity of the person signing the affidavit, declaration, affirmation or certificate; (
b) state o n the affidavit, declaration, affirmation or certificate that it was witnessed through the use of audio- visual technology in accordance with the Act and these regulations ; and (
c) comply with the requirements in the Law Society Rules of Newfoundland and L abrador related to the witnessing of documents through the use of audio-visual technology. ©King's Printer Use of audio-visual technology 654 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 99/23 Proclamation bringing the Act into force (SNL2022 c28) [In force June 1, 2024] under
An Act to Amend the Consumer Protection and Business Practices Act (O.C 2023-284) (Filed December 21, 2023) CHARLES THE THIRD, by the Grace of God King of Canada and His Other Realms and Territories Head of the Commonwealth. JOAN MARIE J. AYLWARD Lieutenant Governor DENIS MAHONEY, K.C. Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION
WHEREAS in and by
section 36 of
An Act to Amend the Consumer Protection and Business Practices Act, Statutes of Newfoundland and Labrador 2022
Chapter 28 (the "Act"), it is provided that the Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council; AND
WHEREAS it is deemed expedient that the Act shall now come into force; 655The Newfoundland and Labrador Gazette December 22, 2023
An Act to Amend the Consumer Protection and Business Practices Act 99/23 NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and d irect that
An Act to Amend the Consumer Protection and Business Practices Act , Statutes of Newfoundland and Labrador 2022
Chapter 28, shall come into force on June 1st, 2024. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well -beloved the Honourable Joan Marie J. Ayl ward, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE, in Our City of St.
John’s, this 2 0th day of December in the year of Our Lord two thousand and twenty- three, in the second year of Our Reign. BY COMMAND, JUDITH HEARN Deputy Registrar General 656 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 100/23 High-Cost Credit Product Regulations under the Consumer Protection and Business Practices Act (O.C. 2023-283) (Filed December 21, 2023) Under the authority of
section 83.23 of the Consumer Protection and Business Practices Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 20, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.
Short title 2.
Definitions 3. High-cost credit product definition 4. Application 5. Prohibited practices 6. Time period 7. Borrower review of matters in high-cost credit agreement 8. Cash cards 9. Display of licence 10. Signs 11. High-cost credit agreement by internet 12. High –cost credit agreement by telephone 13. Commencement 657 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Regulations 100/23 1. These regulations may be cited as the High -Cost Credit Product Regulations. 2. In these regulations, (a) "Act" means t he Consumer Protection and Business Practices Act; and (b) "licence" means a licence issued to a high -cost credit grantor under subsection 86(4) of the Act to carry on a high- cost credit business. 3.
(1) For the purposes of subparagraphs 83.12(i)(
i) to (iii) of the Act, a high-cost credit product is (
a) a fixed credit product or a lease (
i) that exceeds the APR prescribed in subsection (2) on the date of the high-cost credit agreement, and (ii) in which the credit is extended through the fixed credit product or lease primari ly for a personal, family or household purpose; or (
b) an open credit product (
i) that exceeds the annual interest rate prescribed in paragraph (3)(
b) on the date of the high- cost credit agreement, and (ii) in which the credit is extended through the open credit product for a personal, family or household purpose.
(2) For the purposes of subparagraphs 83.12(i)(
i) and (iii) of the Act, the prescribed APR is the rate obtained by increasing the Bank of Canada rate by 22 percentage points.
(3) For the purposes of subparagraph 83.12(i)(ii) of the Act, (
a) the annual interest rate is calculated as follows: Annual interest rate = interest rate X number of periods period year
Short title
Definitions High-cost credit product definition 658 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Regulations 100/23 (
b) the prescribed annual interest rate is the rate obtained by increasing the Bank of Canada rate by 22 percentage points.
(4) For the purposes of subsection (2) and paragraph (3)(b), the Bank of Canada rate is the rate in force on the expiry of a 2 -day period following the announcement of the rate by the Bank of Canada. 4. The following high -cost credit grantors are excluded from
Part VII.2 of the Act: (
a) a bank to which the Bank Act (Canada) applies; and (
b) a credit union incorporated or continued under the Credit Union Act, 2009. 5. A high-cost credit grantor shall not (
a) charge an amount to a borrower in addition to the fees provided for in the high- cost credit agreement between the borrower and the high- cost credit grantor i n relation to the high-cost credit product; (
b) issue a new high -cost credit product to a borrower who already has a high-cost credit product issued by the high-cost credit grantor; (
c) make withdrawals from a borrower’s account without the express consent of the borrower; (
d) fail to include the name of the high- cost credit grantor as shown on its licence in all written correspondence with the borrower; (
e) fail to mention the name of the high -cost credit grantor as shown on its licence when the high -cost credit grantor contacts the borrower by telephone or in person; (
f) contact a person by telephone or in person f or the purpose of collecting or attempting to collect a debt except between 8 a.m. and 9 p.m. local time of the location of the recipient of the call; (
g) directly or indirectly threaten or state an intention to proceed with an action for which there is no lawful authority; Application Prohibited practices 659 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Regulations 100/23 (
h) contact or attempt to contact the borrower, a member of the borrower's household, a relative of the borrower, the borrower's employer or a neighbour, friend or acquaintance of the borrower in such a manner as to constitute harassment, including (
i) the use of threatening, profane, intimidating or coercive language, (ii) the use of undue, excessive or unreasonable pressure, or (iii) the use of telephone, email or other methods of contact, other than traditional mail, to call or send messages excessively; (
i) give a person, directly or indirectly, by implication or otherwise, false, misleading or deceptive information, including references to the police, a law firm, prison, cr edit history, court proceedings, a lien or garnishment; (
j) use, without lawful authority, a summons, notice, demand or other document, expressed in language of the general style or purport of a form used in a court of the province, or printed or written or in the general appearance or format of that form; (
k) contact a borrower's spouse, cohabiting partner, relative, neighbour, friend or acquaintance other than to obtain the borrower's residential address, personal telephone number or employment telephone number; (
l) contact the borrower's employer other than to confirm the borrower's employment status, business title, the address of the business or the date of the next payday; (
m) contact a borrower at the borrower's place of employment where the borrower (
i) requests the high- cost credit grantor not to contact the borrower there, (ii) makes reasonable arrangements to discuss the high- cost credit product with the high-cost credit grantor, and 660 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Regulations 100/23 (iii) discusses the high-cost credit product with the high- cost credit grantor in accordance with those arrangements; (
n) communicate information about the high- cost credit product or the existence of the high -cost credit product to a person except the borrower unless the borrower has expressly consented otherwise; (
o) publish or threaten to publish a borrower's failure to pay; (
p) give false, misleading or deceptive information in advertisements, solicitations or negotiations with respect to a high-cost credit product; (
q) require, request or accept consent f rom a borrower to use or disclose the borrower's personal information for a purpose other than offering, arranging or providing a high -cost credit product; (
r) enter into a high -cost credit agreement that does not comply with the Act and these regulations; (
s) discount the principal amount of a high-cost credit product; (
t) require, request or accept a cheque from the borrower unless it is payable to the high-cost credit grantor; (
u) require, request or accept an undated cheque from a borrower; (
v) state or imply that its licence is an endorsement or approval of the high- cost credit grantor by the government of the province; (
w) require, request or accept a post -dated cheque, pre - authorized debit or future payment of a similar nature for an amount exc eeding the amount to repay the high -cost credit product by the due date; or (
x) require, request or accept information that would give the high-cost credit grantor direct access to a borrower's bank account, except for pre -authorization for repayment of a specific high-cost credit product. 661 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Regulations 100/23 6. For the purposes of subparagraph 83.17(2) (l)(ii) of the Act, the prescribed time period is one year. 7. For the purposes of paragraph 83.17(4)(
a) of the Act, a high- cost credit grantor shall (
a) review the matters referred to in paragraphs 83.17(2)(e), (f), (g), (k), (l), (s), and (
y) with a borrower before the borrower signs a high-cost credit agreement; and (
b) ensure that the borrower initia ls the provisions in the high- cost credit agreement relating to the matters referred to in paragraph (a). 8.
(1) For the purpose of paragraph 83.19(1)(
a) of the Act, a borrower is entitled to be paid in cash the amount of credit remaining on a cash card where the balance remaining on the cash card is less than $25.
(2) Where a delinquent borrower has a balance of credit remaining on an expired cash card, the high -cost credit grantor may recover from the cash card only the amount due on the deli nquent high- cost credit product and shall return the remaining balance to the borrower immediately on demand by the borrower or by the director.
(3) The high- cost credit grantor shall issue a receipt to the borrower for money recovered from a cash card un der subsection (2), and shall inform the borrower of the remaining balance on the cash card and how the balance may be refunded. 9. A high- cost credit grantor shall prominently display its licence in the location for which it is issued. 10.
(1) A high-cost credit grantor shall prominently display signs at each location at which the high -cost credit grantor offers, arranges or provides high-cost credit products.
(2) A sign required under subsection (1) shall (
a) measure not les s than 61 cm in width and 76 cm in height; and (
b) be visible to borrowers immediately on entering the location. Time period Borrower review of matters in high-cost credit agreement Cash cards Display of licence Signs 662 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Regulations 100/23
(3) For each type of high- cost credit product offered, arranged or provided at that location, the signs required under subsection (1) shall (
a) clearly state that the product is a high-cost credit product; (
b) separately list each component of the cost of credit for the high-cost credit product payable to the high -cost credit grantor or a third party, including (
i) the interest rate, and (ii) each fee, charge, penalty or other amount, including any (
A) brokerage fee, (
B) credit assessment or approval fee, (
C) administrative or processing fee, (
D) advance or draw fee, (
E) other fee or charge for accessing the funds, including any account set -up fee, transfer fee and cash card fee, (
F) charge or penalty for exceeding the credit limit, and (
G) default charge or penalty; (
c) clearly state for each component in paragraph (
b) the amount and how often it is or may be charged, required or ac cepted by the credit grantor or a third party; and (
d) clearly state that the borrower has the right to cancel a high - cost credit agreement in accordance with
section 83.16 of the Act. 11.
(1) Where a high-cost credit grantor engages in high-cost credit business by means of the internet, the high -cost credit grantor shall prominently display its name as shown on its licence, its licence number and the licence expiry date at or near the top of the introductory page of the website or mobile application.
(2) A high-cost credit grantor referred to in subsection (1) shall High-cost credit agreement by internet 663 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Regulations 100/23 (
a) post the information referred to in subsection 10(3) in a visible location at or near the top of the introductory page or screen; (
b) use a whi te background and a purple border on the user interface; and (
c) display the required information in a contrasting font colour.
(3) Before a borrower enters into an high- cost credit agreement by means of the internet , the high- cost credit grantor shall ensure that its website or mobile application is designed in a manner that (
a) indicates in a clear, understandable and prominent manner that the borrower's action or actions will result in the entering into of a high-cost credit agreement with the credi t grantor; and (
b) makes the high-cost credit agreement accessible to the borrower so that the borrower is able to acknowledge and accept the terms and conditions of the high- cost credit agreement. 12.
(1) Where a high-cost credit grantor engages in high- cost credit business by means of the telephone, the high -cost credit grantor shall advise the borrower of the high-cost credit grantor’s (
a) name as shown on its licence; (
b) licence number; and (
c) licence expiry date.
(2) Before a borrower enters into a high- cost credit agreement by means of the telephone, the high-cost credit grantor shall (
a) advise the borrower that the borrower's action or actions will result in the entering into of a high- cost credit a greement with the high-cost credit grantor; (
b) review the matters referred to in paragraphs 83.17(2)(e), (f), (g), (k), (l), (s), and (
y) with a borrower; and High-cost credit agreement by telephone 664 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Regulations 100/23 (
c) ensure that the borrower verbally acknowledges the provisions in the high- cost credit ag reement relating to the matters referred to in paragraph (b). 13. These regulations come into force on the day that
An Act to Amend the Consumer Protection and Business Practices Act , SNL2022 c28, comes into force. ©King's Printer Commencement 665 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 101/23 High-Cost Credit Product Licensing Regulations under the Consumer Protection and Business Practices Act (Filed December 21, 2023) Under the authority of
section 106 of the Consumer Protection and Business Practices Act, I make the following regulations. Dated at St. John’s, December 12, 2023. Sarah Stoodley Minister of Digital Government and Service Newfoundland and Labrador REGULATIONS Analysis 1.
Short title 2.
Interpretation 3. Display of licence 4. Name on licence 5. Requirements for licence 6. Notification required 7. Creation of records 8. Use of information 9. Retention of documents 10. Commencement 1. These regulations may be cited as the High -Cost Credit Product Licensing Regulations.
Short title 667 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Licensing Regulations 101/23 2.
(1) In these regulations, (a) "Act" means the Consumer Protection and Business Practices Act; and (b) "licence" means a licence issued to a high -cost credit grantor under subsection 86(4) of the Act to carry on a high -cost credit business.
(2) The
definitions in
section 2 and Parts VII.2 and VIII of the Act apply for the purpose of these regulations. 3.
(1) A high-cost credit grantor shall prominently display a copy of its licence in each location to which the licence pertains.
(2) The director shall provide a high-cost credit grantor with a copy of the licence for each location to which the licence pertains.
(3) Where a high- cost credit grantor engages in high- cost credit business by means of the internet, the high -cost credit grantor shall display a copy of its licence prominently at or near the top of the introductory page of the website or mobile application.
(4) A high-cost credit grantor shall include its licence number in all representations and advertisements. 4. A high- cost credit grantor shall not engage in high- cost credit business in the province under a business name or trade name that differs from the name on its licence. 5. An applicant for a licence shall submit to the director (
a) a copy of each of the following documents: (
i) the standard high-cost credit agreement, (ii) a sample high -cost credit agreement for $20,000 for 72 months, showing all fees and charges, (iii) the rate structu re for a high -cost credit product, including interest and permissible fees and charges, (iv) the cancellation notice form,
Interpretation Display of licence Name on licence Requirements for licence 668 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Licensing Regulations 101/23 (
v) the receipt for a high -cost credit product cancellation required under subsection 83.16(6) of the Act, (vi) the receipt for payments made by a borrower required under
section 83.18 of the Act, (vii) the receipt for the return of a cash card required under subsection 83.19(3) of the Act, and (viii) a copy of the signs required under the High -Cost Credit Product Regulations; and (
b) other information or documents required by the director. 6.
(1) In addition to the notification requirements under
section 92 of the Act, the holder of a licence shall notify the director in writing with respect to a change in (
a) the information or documents provided to the director under
section 5; and (
b) the addresses of the locations to which the licence applies.
(2) Notice referred to in subsection (1) shall be provided within 15 days of the change.
(3) Where a high -cost credit grantor amends a document that was submitted to the director under
section 5, the high -cost credit grantor shall submit a copy of the amended document to the director within 15 days of the change.
(4) Where a high -cost credit grantor intends to e ngage in high - cost credit business at an additional location, the notice referred to in subsection (1) shall be provided to the director before engaging in the business at the new location. 7. A high- cost credit grantor shall create an d maintain records relating to the high -cost credit grantor's collection activities with respect to each high -cost credit product, including logs of telephone calls and other records of contact. Notification required Creation of records 669 The Newfoundland and Labrador Gazette December 22, 2023
High-Cost Credit Product Licensing Regulations 101/23 8. A high- cost credit grantor shall ens ure that applications for high-cost credit products, high- cost credit agreements and other documents in respect of high-cost credit products (
a) are used only for the purpose of providing, administering or collecting high-cost credit products; and (
b) are not used in connection with the provision of goods or services. 9.
(1) A high -cost credit grantor shall retain high- cost credit agreements, receipts and other documents in respect of a high- cost credit product, including logs of t elephone calls, records of contact, notes and other records relating to collection activities, for a period of 6 years after the date on which the high- cost credit product is fully repaid.
(2) Where a high -cost credit product is not repaid, a high- cost credit grantor shall retain the documents referred to in subsection (1) in respect of the high- cost credit product for a period of 6 years after the date of the last payment or written acknowledgement by the borrower.
(3) A high-cost credit grantor may retain the documents referred to in subsection (1) in an electronic format.
(4) Where the 6 year time period referred to in subsection (1) or (2) has expired, the high-cost credit grantor shall destroy the documents referred to in subsection (1) in a manner t hat will prevent unauthorized persons from gaining access to the documents. 10. These regulations come into force on the day that
An Act to Amend the Consumer Protection and Business Practices Act , SNL2022 c28, comes into force. ©King's Printer Use of information Retention of documents Commencement 670 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 102/23 Judgment Interest Order, 2024 under the Judgment Interest Act (Filed December 21, 2023) Under the authority of
section 6 of the Judgment Interest Act, I make the following Order. Dated at St. John’s, December 13, 2023. John Hogan, K.C. Minister of Justice and Public Safety ORDER Analysis 1.
Short title 2. Interest Rate 1. This Order may be cited as the Judgment Interest Order, 2024. 2. Effective January 1, 202 4, the pre -judgment and post -judgment interest rate shall be 5%. ©King's Printer
Short title Interest Rate 671 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 103/23 Notaries Public Regulations under the Notaries Public Act (O.C. 2023-294) (Filed December 21, 2023) Under the authority of
section 11 of the Notaries Public Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 21, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.
Short title 2. Definition 3. Use of audio-visual technology 1. These regulations may be cited as the Nota ries Public Regulations. 2. In these regulations, "Act" means the Notaries Public Act.
Short title Definition 673 The Newfoundland and Labrador Gazette December 22, 2023
Notaries Public Regulations 103/23 3. Where a notary public witnesses a document in accordance with
section 6 of the Act or administers an oath, an affirmation or a declaration in accordance with
section 8 of the Act through the use of audio-visual technology, the notary public shall (
a) take all reasonable steps to verify the identity of the person signing the document, oath, affirmation or declaration; (
b) state on the document, oath, affirmation or declaration that it was witnessed through the use of audio- visual technology in accordance with the Act and these regulations; and (
c) comply with the requirements in the Law Society Rules of Newfoundland and La brador related to the witnessing of documents through the use of audio-visual technology. ©King's Printer Use of audio-visual technology 674 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 104/23 Pension Benefits Act Regulations (Amendment) No.3 under the Pension Benefits Act, 1997 (O.C. 2023-282) (Filed December 21, 2023) Under the authority of
section 78 of the Pension Benefits Act, 1997, the Lie utenant-Governor in Council makes the following regulations. Dated at St. John’s, December 18, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.41 Amdt. Application to public sector plans 2. Commencement 1. Paragraph 41(4)(
a) of the Pension Benefits Act Regulations is repealed and the following substituted: NLR 114/96 as amended 675 The Newfoundland and Labrador Gazette December 22, 2023
Pension Benefits Act Regulations (Amendment) No.3 104/23 (
a) exempt f or the period from January 1, 2024 to March 31, 2024 from the requirement that the employer pay an amount under paragraph 12(3)(
d) of these regulations; and 2. These regulations come into force on January 1, 2024. ©King's Printer Commencement 676 The Newfoundland and Labrador Gazette December 22, 2023
NEWFOUNDLAND AND LABRADOR REGULATION 105/23 Public Procurement Regulations (Amendment) No.2 under the Public Procurement Act (O.C. 2023-279) (Filed December 21, 2023) Under the authority of
section 28 of the Public Procurement Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 18, 2023. Krista Quinlan Cler