Newfoundland and Labrador Gazette, Part I — 10 December 2010, Vol. 85, No. 49 — Mineral Act Notice; Urban and Rural Planning Act Notice of Registration

NLG 2010-12-10

Newfoundland and Labrador — Gazette

441 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 85 ST. JOHN’S, FRIDAY, DECEMBER 10, 2010 No. 49 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended.

Mineral rights to the following mineral lands have reverted to the Crown: Mining Lease 194 (10185M) held by Xstrata Canada Corporation situate near Indian Cove, Notre Dame Bay, Central NL on map sheet 2E/5 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/200, 36/2001, 31/2004, 78/2006, 8/2008 and 28/2009 outlined on 1:50 000 scale maps maintained by the Department of Natura l Resources, will be open for staking after the hour of 9:00 AM on the 32 nd clear day after the date of this publication.

DEPARTMENT OF NATURAL RESOURCES JIM HINCHEY, P.Geo. Manager - Mineral Rights File # 759:089 Dec 10 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF BELLEORAM MUNICIPAL PLAN 2010 AND DEVELOPMENT REGULATIONS 2010 TAKE NOTICE that the TOWN OF BELLEORAM Municipal Plan 2010 and Deve lopment Regulations 2010, adopted on the 8th day of September, 2010 and approved on the 4 th day of October, 2010, have been registered by the Minister of Municipal Affairs.

The Belleoram Municipal Pl an 2010 and Development Regulations 2010 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 10, 2010 442 Belleoram Municipal Pl an 2010 and Development Regulations 2010 may do so at the Town Office, Belleoram during normal working hours. TOWN OF BELLEORAM Evelyn Savory, Town Clerk Dec 10 NOTICE OF REGISTRATION TOWN OF CONCEPTION BAY SOUTH DEVELOPMENT REGULATION AMENDMENT NO. 39, 2010 TAKE NOTICE that the Town of Conception Bay South Development Regulation Amendment No. 39, 2010 adopted by the TOWN COUNCIL OF CONCEPTION BAY SOUTH on July 13 th, 2010 has now been registered by the Minister of Municipal Affairs.

In general terms, the purpose of Development Regulations Amendment No. 39, 2010 is to allow existing dwellings in the Residential Low Density (R-1), Residential Medium Density (R-2) and Residential Mixed (R-3) zones that are non-conforming with respect to st andards to be re-built or replaced. This amendment is intended to accommodate the re-building or replacement of dwellings within the Town which may not meet current zone requirements with respect to setbacks, lot size or other lot standards. Non-conformity cannot be increased.

The amendment proposes that Council evaluate each applicat ion to determine impact on general appearance of the area, surrounding residential properties, the road reservation and future road improvements and other factor s Council considers to be material. The Conception Bay South Development Regulation Amendment No. 39, 2010 will come into effect on 19 th of November, 2010 the date of publication of this notice in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of this amendment may do so at the Town Office, during normal working hours.

TOWN OF CONCEPTION BAY SOUTH Elaine Mitchell, MCIP, Director of Planning Dec 10 NOTICE OF REGISTRATION TOWN OF GAMBO DEVELOPMENT REGULATIONS AMENDMENT NO. 13, 2010 TAKE NOTICE that the TOWN OF GAMBO Development Regulations Amendment No. 10, 2009 adopted on the 25 th day of October 2010, has been registered by the Minister of Municipal Affairs. In general terms, the purpos e of Development Regulation No. 13, 2010 is to allow Council to change the conditions required for Residential Seasonal Use Zone Table of its Development Regulations to increase the maximum permitted floor area for accessory buildings.

The TOWN OF GAMBO Development Regulations Amendment No. 13, 2010 comes in to effect on the day this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of The Town of Gambo Developmen t Regulations Amendment No. 13, 2010 may do so at the Town Office, Gambo, NL, during normal working hours.

TOWN OF GAMBO Jean Blackwood, Town Clerk Dec 10 NOTICE OF REGISTRATION TOWN OF LEWISPORTE DEVELOPMENT REGULATIONS AMENDMENT No. 6, 2010 TAKE NOTICE that the TOWN OF LEWISPORTE Development Regulations Am endment No. 6, 2010, as adopted by Council on the 17 th day of August, 2010, has been registered by the Minister of Municipal Affairs. In general terms, Developm ent Regulations Amendment No. 6, 2010, will add commercia l residential as a permitted use to the Mixed Development Land Use Zone Table. The amendment will also add a condition for commercial residential use in the Mixed Development Land Use Zone.

Factory constructed residential dwelling rental units will be added to the list of examples for

Section C for Residential Uses; General Residentia l Uses; Sub-Section C – Commercial Residential,

Schedule B. The TOWN OF LEWISPORTE Development Regulations Amendment No. 6, 2010, comes in to 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 LEWISPORTE De velopment Regulations Amendment No. 6, 2010, may do so at the Town Office, Lewisporte during normal working hours.

TOWN OF LEWISPORTE Elaine Bursey, Town Clerk Dec 10 NOTICE OF RESCINDMENT TAKE NOTICE that the TOWN OF MARYSTOWN hereby rescinds the Notice of Registration, Municipal Pl an Amendment No. 15, 2010, and Development Regulations Amendment No. 23, 2010, as published in The Newfoundland and Labrador Gazette, Vol. 85, No. 47, dated November 26th, 2010, page 432. DATED at Marystown, Newfoundland and Labrador this 1st day of December, 2010. TOWN OF MARYSTOWN Dennis Kelly, Town Clerk/Manager Dec 10

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 10, 2010 443 NOTICE OF REGISTRATION TOWN OF MARYSTOWN MUNICIPAL PLAN AMENDMENT NO. 15, 2010 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 23, 2010 TAKE NOTICE that the TOWN OF MARYSTOWN Municipal Plan Amendment No. 15, 2010 and Development Regulations Amendment No. 23, 2010 as adopted on the 28 th day of September, 2010, and approved on the 2nd day of November, 2010, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of the Municipal Plan and Development Regulations amen dments is to accommodate the expansion of residential properties at 463-465 and 467- 469 Creston Boulevard by redesignating and rezoning the rears of these properties from Rural to Residential. The Municipal Plan Amendment No. 15, 2010 and Development Regulations Am endment No. 23, 2010 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Marystown Municipal Plan Amendment No. 15, 2010 and Development Regulations Am endment No. 23, 2010 may do so at the Marystown Town Office during normal working hours. TOWN OF MARYSTOWN Dennis Kelly, Town Clerk/Manager Dec 10 NOTICE OF RESCINDMENT TAKE NOTICE that the TOWN OF MARYSTOWN hereby rescinds the Notice of Registration, Municipal Pl an Amendment No. 16, 2010, and Development Regulations Amendment No. 24, 2010, as published in The Newfoundland and Labrador Gazette, Vol. 85, No. 47, dated November 26th, 2010, page 433.

DATED at Marystown, Newfoundland and Labrador this 1st day of December, 2010. TOWN OF MARYSTOWN Dennis Kelly, Town Clerk/Manager Dec 10 NOTICE OF REGISTRATION TOWN OF MARYSTOWN MUNICIPAL PLAN AMENDMENT NO. 16, 2010 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 24, 2010 TAKE NOTICE that the TOWN OF MARYSTOWN Municipal Plan Amendment No. 16, 2010 and Development Regulations Amendment No. 24, 2010 as adopted on the 28 th day of September, 2010, and approved on the 2nd day of November, 2010, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of the Municipal Plan and Development Regulations am endments is, at 117 A Bayview Street, to extend the Residential Designation in order to accommodate an accessory building by redesignating and rezoning this property from Rural to Residential, and the other is, at 7 and 9 Ville Marie Drive, to accommodate existing commercial and light industrial developments by redesignating and rezoning this area from Rural to Commercial and Community Service.

The Municipal Plan Amendment No. 16, 2010 and Development Regulations Am endment No. 24, 2010 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Marystown Municipal Plan Amendment No. 16, 2010 and Development Regulations Am endment No. 24, 2010 may do so at the Marystown Town Office during normal working hours.

TOWN OF MARYSTOWN Dennis Kelly, Town Clerk/Manager Dec 10 LANDS ACT NOTICE OF INTENT LANDS ACT, c36, SNL 1991 NOTICE IS hereby given that BARREY STUBER of Summerville, Bonavista Bay, NL intends to apply to the Department of Environment a nd Conservation, two months from the publication of this Notice, to ac quire title, pursuant to

Section 7(2) (

e) of the said Act, to that piece of Crown Land situated within fi fteen (15) metres of the waters of Summerville (Upper Arm), in the Electoral District of Bonavista for the purpose of a Breakwater and Foundation for a boat storage building and being more particularly described as follows: Bounded on the North by Crown Land for a distance of 1000 m; Bounded on the East by water for a distance of 500 m; Bounded on the South by Crown Land for a distance of 40 m; Bounded on the West by Crown Land for a distance of 500 m; and containing an area of approximately 425 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office:

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 10, 2010 444 (Choose Area Applicable) c/o Eastern Regional Lands Office, P. O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P. O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0. For further information on the proposed application, please contact BARREY STUBER, Telephone (709) 462-3615.

Dec 10 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of PAUL DERRICK BOWRING, late of Conception Bay South 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 PAUL DERRICK BOWRING aforesaid, deceased, who died at St.

John’s in the Province of Ne wfoundland and Labrador, on or about the 10 th day of December, 2009, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate of the said deceas ed on or before the 17 th day of December, 2010, after which date the Executor will proceed to distribute the Estate having regard only to the claims of which it shall then have had notice. DATED at St. John's, Newfoundland and Labrador, this 19th day of November, 2010. BENSON MYLES PLC INC. Solicitor for the Executrix PER: J. David B.

Baird, QC ADDRESS FOR SERVICE Suite 900, Atlantic Place P.O. Box 1538 Water Street St. John's, NL A1C 5N8 Tel: (709) 579-2081 Fax: (709) 739-8184 Nov 26, Dec 3 & Dec 10 ESTATE NOTICE IN THE MATTER OF the Estate of ELIZABETH MARIE COLLINS, late of the City of St. John’s 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 ELIZABETH MARIE COLLINS af oresaid, deceased, who died at St.

John’s in the Province of Newfoundland and Labrador, on or about the 25 th day of June, 2010, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate of the said deceased on or before the 7 th day of January, 2011, after which date the Executor will proceed to distribute the Estate having regard only to the claims of which it shall then have had notice. DATED at St. John's, Newfoundland and Labrador, this 19th day of November, 2010. BENSON MYLES PLC INC. Solicitor for the Executor PER: J. David B.

Baird, QC ADDRESS FOR SERVICE Suite 900, Atlantic Place P.O. Box 1538 Water Street St. John's, NL A1C 5N8 Tel: (709) 579-2081 Fax: (709) 739-8184 Nov 26, Dec 3 & Dec 10

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 85 ST. JOHN’S, FRIDAY, DECEMBER 10, 2010 No. 49 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 107/10 NLR 108/10 NLR 109/10 NLR 110/10

The Newfoundland and Labrador Gazette December 10, 2010 751 NEWFOUNDLAND AND LABRADOR REGULATION 107/10 Off-road Vehicle Operation in the T'Railway Provincial Park Prohibition Order (Amendment) under the Provincial Parks Regulations and the Provincial Parks Act (Filed December 7, 2010) Under the authority of

section 11 of the Provincial Parks Regula- tions and the Provincial Parks Act, I make the following Order. Dated at St. John’s, November 30, 2010. Charlene Johnson Minister of Environment and Conservation ORDER Analysis 1. S.2 R&S Off-road vehicles prohibited

Section 2 of the Off-road Vehicle Operation in the T'Railway Provincial Park Prohibition Ord er is repealed and the following substituted: NLR 76/98 as amended

Off-road Vehicle Operation in the T'Railway Provincial Park Prohibition Order (Amendment) 107/10 The Newfoundland and Labrador Gazette December 10, 2010 752 2. The use of off-road vehicles in the Newfoundland and Labrador T'Railway Provincial Park is prohibited (

a) in those portions of the park lying within the boundaries of the City of St. John's and the City of Mount Pearl and con- tinuing westward within the municipal boundary of the Town of Paradise, until the park intersects with the McNa- mara Road in that municipality; and (

b) within the Town of Conception Bay South in the portion of the park south of the Conception Bay Highway commencing at a point in the westerly limit of Eason’s Road, being the point of intersection of that limit with the T’Railway Provin- cial Park and then running along the southerly limit of the Conception Bay Highway in a general westerly and south- westerly direction for approximately 375 metres, until the park intersects with the easterly limit of Dawson’s Run. ©Earl G. Tucker, Queen's Printer Off-road vehicles prohibited

The Newfoundland and Labrador Gazette December 10, 2010 753 NEWFOUNDLAND AND LABRADOR REGULATION 108/10 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed December 7, 2010) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following rules. Dated at St. John’s, December 7, 2010. Christopher P. Curran, Q.C. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rules 56.35 to 56.38 Added 56.35 Electronic filing 56.36 Approval of the registrar 56.37 Original of will etc. 56.38 Electronic Commerce Act 2. Commencement

Rules of the Supreme Court, 1986 (Amendment) 108/10 The Newfoundland and Labrador Gazette December 10, 2010 754 1. Rule 56 of the Rules of the Supreme Court, 1986 is amended by adding immediately after rule 56.34 the following: 56.35. A document, form or other thing required to be filed by this rule may be filed electronically. 56.36. A person who wishes to file electronically a document, form or other thing required to be filed by this rule may do so by filing it in the registry approved for the purpose by the registrar, using a computer system and a computer network, electronic forms and computer format approved for the purpose by the registrar. 56.37.

(1) Notwithstanding a filing under rule 56.36 involving a will, the original will shall be filed in the registry of the court.

(2) Where a filing under rule 56.36 does not include an elec- tronic copy of the will, the applica tion will not be considered by the court until the original of the will is filed with the court.

(3) Where a filing under rule 56.36 includes an electronic copy of the will, the court will not grant an order until the original of the will is filed with the court. 56.38. The Electronic Commerce Act applies to an electronic filing under this rule. 2. These rules come into force on December 16, 2010. ©Earl G. Tucker, Queen's Printer Electronic filing Approval of the registrar Original of will etc. Electronic Com- merce Act Commencement

The Newfoundland and Labrador Gazette December 10, 2010 755 NEWFOUNDLAND AND LABRADOR REGULATION 109/10 Proclamation bringing Act into force (SNL2009, cR-10.01) (December 13, 2010) under Registration of Deeds Act, 2009 (O.C 2010-309) (Filed Dec 8, 2010) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JOHN C. CROSBIE Lieutenant Governor DON BURRAGE Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 44 of “An Act Respecting the Registration of Deeds and Other Documents,” SNL2009, cR-10.01 (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now come 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 Respecting the Registration of Deeds and Other Documents,” SNL2009 cR-10.01, shall come into force on December 13, 2010.

The Newfoundland and Labrador Gazette December 10, 2010 756 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 John Carnell Crosbie, Member of the Privy Council of Canada, Officer of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, and one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 7th day of December in the year of Our Lord two thousand and ten in the fifty-ninth year of Our Reign. BY COMMAND, KEVIN O’BRIEN Registrar General

The Newfoundland and Labrador Gazette December 10, 2010 757 NEWFOUNDLAND AND LABRADOR REGULATION 110/10 Registration of Deeds Regulations under the Registration of Deeds Act, 2009 (Filed December 8, 2010) Under the authority of

section 38 of the Registration of Deeds Act, 2009, I make the following regulations. Dated at St. John’s, November 17, 2010. Harry Harding Minister of Government Services REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Electronic submission of an instrument 4. Priority of registration 5. Instruments that are part of a group 6. Requirements on authorized users 7. Category of persons 8. Licensed users 9. Filing of notices 10. Notice of mortgage 11. Errors in registration details 12. Paper format registration 13. Adherence to policies and procedures of registry 14. Admissibility of documents 15. Commencement 1. These regulations may be cited as the Registration of Deeds Regulations.

Short title

Registry of Deeds Regulations 110/10 The Newfoundland and Labrador Gazette December 10, 2010 758 2.

In these regulations (a) "authorized user" means a pe rson within the prescribed cate- gory of persons who is approved under subsection 9(3) of the Act to file instruments electronically using the CADO system; (b) "CADO" means the Companies and Deeds Online system which is the online real property and commercial informa- tion system that provides, in part, Internet browser-based query access to land-related in formation and electronic ac- cess for submission of documents under the Act; (c) "division" means the Commercial Registrations Division of the Department of Government Services; (d) "electronic submission" mean s submission of an instrument for registration using the CADO system; and (e) "RAF" means a Registration Application Form which is an application form for registration as required by paragraph 23(2)(

d) of the Act. 3.

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

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

a) electronic submission of all of the following (

i) the completed RAF, (ii) a scanned copy of the duly executed original instrument, (iii) a scanned copy of another instrument that may be re- quired; and (

b) remitting the required fee.

Definitions Electronic submis- sion of an instru- ment

Registry of Deeds Regulations 110/10 The Newfoundland and Labrador Gazette December 10, 2010 759

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

(4) Notwithstanding subsection (1), instruments greater than 8 1/2 inches x 14 inches in size shall be filed with the registry in paper format. 4.

(1) An instrument electronically submitted is considered to be registered on the date and at the time when the document is submitted, provided it meets compliance.

(2) An instrument electronically submitted will be reviewed for compliance by the registry and where an instrument is rejected for non- compliance by the registry, the instrument will be returned to the au- thorized user.

(3) Notwithstanding subsection (1), an instrument returned un- der subsection (2) shall be given a new registration date and time when it has been resubmitted by the authorized user and will, subject to a review under subsection (2), be considered to be registered at that time provided it meets compliance.

(4) An instrument that, in error, is rejected by the registry for non-compliance will be considered to be registered when it has been resubmitted by the authorized user. 5.

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

(2) If one or more of the instruments submitted under subsection (1) are rejected for non-compliance by the registry, then all the instru- ments that form part of that group shall be rejected.

(3) Each instrument in a group is considered to be a separate instrument and a fee is payable for each instrument.

(4) Notwithstanding subsection 3(1), a group of instruments that has more than 5 instruments shall be filed with the registry in paper format. Priority of registra- tion Instruments that are part of a group

Registry of Deeds Regulations 110/10 The Newfoundland and Labrador Gazette December 10, 2010 760 6.

(1) The registrar may impose t echnical requirements on an au- thorized user to allow access to the CADO system.

(2) The registrar may require an authorized user to submit in- formation and scanned instruments in a specific format. 7.

(1) The registrar may approve the following categories of per- sons for electronic submission of instruments (

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

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

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

d) a title insuring firm; (

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

f) other organizations that demonstrate to the satisfaction of the registrar a legitimate need for electronic submission of in- struments.

(2) Before being approved, an authorized user shall (

a) complete an author ized user agreement; (

b) undergo training approved by the division; and (

c) appoint an administrator who will be responsible for main- taining user accounts.

(3) An authorized user is responsible for the creation, quality and completeness of the RAF and the electronic image of the instru- ment that is electronically submitted.

(4) An authorized user who elect ronically submits an instrument must retain the original or a true copy of the executed instrument and must make it available for review by the registrar upon request. Requirements on authorized users Category of persons

Registry of Deeds Regulations 110/10 The Newfoundland and Labrador Gazette December 10, 2010 761

(5) The approval of an authori zed user may be cancelled by the registrar where the authorized user (

a) does not comply with the requirements of the Act, regula- tions or policies; or (

b) violates a term of the authorized user agreement. 8.

(1) The registrar may approve a person or category of persons to conduct unlimited online searching and viewing of instruments regis- tered at the registry and available online where the pe rson or category of persons is (

a) a practising member of th e Law Society of Newfoundland and Labrador; (

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

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

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

e) a police agency; (

f) an appraisal or survey firm; (

g) a title search firm; or (

h) another organization that demonstrates to the satisfaction of the registrar the legitimate need for unlimited search access.

(2) A licensed user shall (

a) complete a CADO license agreement for each purchased licence agreement; (

b) comply with the terms of the CADO licence agreement; (

c) appoint an administrator who will be responsible for main- taining user accounts; Licensed users

Registry of Deeds Regulations 110/10 The Newfoundland and Labrador Gazette December 10, 2010 762 (

d) refrain from sh aring user accounts; (

e) refrain from data mining or using information for the pur- poses of soliciting business; (

f) refrain from accessing and storing bulk data; and (

g) remit all licence fees.

(3) A license under subsection (1) may be cancelled by the reg- istrar where the licensed user fails to comply with the requirements of the Act, regulations or policies. 9. A notice filed under paragraph 7(1)(

e) or (

f) of the Act shall contain information with respect to (

a) the instrument type; and (

b) the parties identified in the instrument. 10.

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

e) of the Act (

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

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

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

c) may have supporting affidavits attached; and (

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

(2) A notice of mortgage includes an amendment to a mortgage that (

a) increases the amount of the obligation secured; Filing of notices Notice of mortgage

Registry of Deeds Regulations 110/10 The Newfoundland and Labrador Gazette December 10, 2010 763 (

b) increases the amount available for borrowing under the mortgage; (

c) adds a parcel of land; or (

d) permits additional advances up to the original amount se- cured.

(3) A notice of partial release of mortgage shall include a legible written description of the portion being released. 11. Where an authorized user is awar e that there is an error in the registration details of an instrument, then the authorized user shall file an amendment. 12.

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

a) fully and accurately completed; and (

b) legible.

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

(3) An instrument submitted in paper format must be an origi- nal. 13. All persons who attend the regist ry to conduct research of the electronic or paper based records shall adhere to the policies and proce- dures as set by the registrar. 14. A copy of a registered instrume nt certified by the registrar is admissible in evidence in a court proceeding to the same extent as the original would have been admissible. 15. These regulations come into force n December 13, 2010. ©Earl G. Tucker, Queen's Printer Errors in registra- tion details Paper format regis- tration Adherence to poli- cies and procedures of registry Admissibility of documents Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 10, 2010 765 Index

PART I Lands Act – Notice ............................................................................................................ .......................................................... 443 Mineral Act – Notice .......................................................................................................... ......................................................... 441 Trustee Act – Notices ...................................................................................................................... ............................................ 444 Urban and Rural Planning Act – Notices ........................................................................................ ............................................. 441

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No.

Judicature Act Rules of the Supreme NLR 108/10 Rules Dec 10/10 p. 753 Court, 1986 (Amdt.) 56.35 (In force December 16/10) 56.38 Added Provincial Parks Act and the Provincial Parks Regulations Off-Road Vehicle Operation NLR 107/ 10 Amends Dec 10/10 p. 751 in the T’Railway Provincial Park NLR 76/98 Prohibition Order (Amdt.) S.2 R&S Registration of Deeds Act, 2009 Proclamation bringing NLR 109/10 New Dec 10/10 p. 755 Act into force (In force December 13, 2010) Registration of Deeds Regulations NLR 110/10 New Dec 10/10 p. 757 (In force December 13, 2010)

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 10, 2010 766 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca.

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

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2010-12-10
Type	gazette
Volume / chapter	printer gazette weekly issues 2010 2010 12 10
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	cecf138f7df0ded5aef024525a3129decd7c24ad

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