17 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 86 ST. JOHN’S, FRIDAY, JANUARY 28, 2011 No. 4 JUDICATURE ACT RULES OF THE SUPREME COURT, 1986 SUPREME COURT OF NEWFOUNDLAND AND LABRADOR – COURT OF APPEAL CRIMINAL APPEAL RULES

(2002) COURT OF APPEAL PRACTICE NOTE CAPN No. 2011-01 DATE ISSUED: January 17, 2011 RULES AFFECTED: Civil Rules: Rule 57.06; 57.14 Criminal Rules: Rule 11; 13 PREVIOUS PRACTICE NOTES AFFECTED: CAPN No. 2006-01 EFFECTIVE DATE: Upon Publication The following Practice Note was filed with the Registrar, as Secretary of the Rules Committee of the Court of Appeal, and is published pursuant to Rule 57.31(3) of the Rules of the Supreme Court, 1986 and Rule 27 of the Supreme Court of Newfoundland and Labrador – Court of Appeal Criminal Appeal Rules (2002).

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 28, 2011 18 PREPARATION AND FILING OF TRANSCRIPTS Background and Purpose 1. The Court is contemplating the implementation of standards fo r the preparation of transcripts to be filed in the Court to facilitate ease of access to portions of the evidence that may be relevant to the appeal and to prepare for the introduction of provisions for the filing and use of transcripts electronically. 2. At present, there is no requirement that an index of key wo rds be provided with the paper copies of the transcript that must be filed under the relevant rules of court. 3.

As an interim measure, pending development of general tr anscript preparation and filing standards, the Court wishes to have some form of transcript search feature available for every transcript that is filed. The easiest and most cost effective method has been determined to be the use of “search” features on existing word processing programs. Practice Note 4.

Henceforth, all transcripts submitted for filing in the C ourt should be prepared using Microsoft Word word-processing software in a manner that will enable electronic search and find word and phrase identification to be utilized by the user of the finished product. (At present, the Court uses the 2003 version of the Microsoft Word software. Persons using later versions should save their product in the 2003 version. When the Court’s version is updated – as is planned for later in 2011 – a notice to the profession will be issued). 5.

All parties filing transcripts in the Court must provide to the Court, along with the required paper copies, four (4) copies of read-only CDs of the transcript in a format that will enable electronic word and phrase searches of the transcript to be undertaken. 6. The paper copy of the transcript, as filed in the Court, will continue to be regarded as the official record for the purposes of the appeal. Any inconsistenc ies between the electronic version and the paper version shall be resolved in favour of the paper version.

Authorized by: Chief Justice of Newfoundland and Labrador Court of Appeal Supreme Court of Newfoundland and Labrador CHRISTOPHER P. CURRAN, Q.C. Registrar of the Supreme Court of Newfoundland and Labrador Secretary, Rules Committee of the Court of Appeal Jan 28

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 28, 2011 19 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF CHANNEL-PORT AUX BASQUES MUNICIPAL PLAN 2010 AND DEVELOPMENT REGULATIONS 2010 Take notice that the TOWN OF CHANNEL-PORT AUX BASQUES Municipal Plan 2010 and Development Regulations 2010, adopted on the 7 th day of September, 2010 and approved on the 2nd day of November, 2010, have been registered by the Minister of Municipal Affairs.

The Channel-Port aux Basques Municipal Plan 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 Channel-Port aux Basques Municipal Plan 2010 and Development Regulations 2010 may do so at the Town Office, Channel-Port aux Basques during normal working hours.

TOWN OF CHANNEL-PORT AUX BASQUES Melvin Keeping, Town Manager Jan 28 NOTICE OF REGISTRATION TOWN OF PASADENA DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2010 Take notice that the TOWN OF PASADENA Development Regulations Amendment No. 1, 2010 adopted on the 20 th day of December 2010, has been registered by the Minister of Municipal Affairs.

In general terms, the purpose of the Development Regulations Amendment No. 1, 2010 is to amend the Residential Low Density Zone of the Pasadena Development Regulations to add Adouble dwelling @ as a Discretionary Use and Asubsidiary apartment @ as a Permitted Use, and amend the conditions for the development of a subsidiary apartment. The Pasadena Development Regulations Amendment No 1, 2010 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 Pasadena Development Regulations Amendment No. 1, 2010 may do so at the Pasadena Town Office during normal working hours. TOWN OF PASADENA Jim Merrigan Jan 28 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 501, 2011 Take notice that the St. J ohn’s Development Regulations Amendment Number 501, 2011, adopted on the 10 th day of January, 2011, has been registered by the Minister of Municipal Affairs.

In general terms, the purpose of Development Regulations Amendment Number 501, 2011 is to rezone land at Civic Number 567 Empire Avenue from the Residential Low Density (R1) Zone to the Residential Medium Density (R2) Zone. The amendment comes into effect on the date that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendment may do so at the De partment of Planning, St. John’s City Hall during regular business hours. CITY OF ST.

JOHN’S Neil Martin, Department of Planning Jan 28 NOTICE OF REGISTRATION TOWN OF STEPHENVILLE DEVELOPMENT REGULATIONS AMENDMENT NO. 21, 2010 Take notice that the TOWN OF STEPHENVILLE Development Regulations Amendment No. 21, 2010 as adopted on the 16 th day of September 2010 has been registered by the Minister of Municipal Affairs. The purpose of this amendm ent is to accommodate transportation uses, including float plane operations and accessory uses, in the Resour ce Management Zone as a discretionary use, provided that these are tourism related.

The Development Regulations Amendment No. 21, 2010 comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspec t a copy of the Stephenville Development Regulations Am endment No. 21, 2010 may do so at the Stephenville Town Office during normal working hours. TOWN OF STEPHENVILLE Carolyn Lidstone, Town Clerk Jan 28 LANDS ACT NOTICE OF INTENT Lands Act c36, SNL 1999 NOTICE IS hereby given that BENEDICT ALEXANDER of P.O. Box 10, St.

George’s, NL A0N 1Z0 intends to apply to the Department of Environment and Conservation, two months from the publication of this notice, to acquire

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 28, 2011 20 title, pursuant to

section 7(2) (

e) of the said Act, to that piece of Crown Land situated within fifteen (15) metres of the waters of Long Gull Pond in the Electoral District of St.

George’s – Stephenville East for the purpose of a small Float Plane House and Dock and being more particularly described as follows: At West Longitude 58° 26' 28" And North Latitude 48° 33' 43" Bounded on the North by Waters of Gull Pond for a distance of 16 m; Bounded on the East by a Shoreline Reservation for a distance of 15 m; Bounded on the South by Crown Land for a distance of 16 m; Bounded on the West by a Shoreline Reservation for a distance of 15 m; and containing an area of approximately 240 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: 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, 230 Airport Boulevard, Fraser Mall, Gander, NL, A1V 2N9 c/o Western Regional Lands Office, P.O. Box 2006, 1 Riverside Drive, 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: BENEDICT ALEXANDER at (709) 647-3373.

Jan 28 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE of EILEEN WARREN, late of the Town of Channel-Port aux Basques, in the Province of Newfoundland and Labrador, Canada, Widow, Homemaker, Deceased ALL PERSONS claiming to be creditors of or who have any claims or demands either as beneficiaries or next-of- kin, (by blood, legal adoption or marriage) upon or affecting the Estate of EILEEN WARREN, Widow, Homemaker, deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Administrator of the Estate of the said deceased on or before the 28 th day of February, 2011, after which date the said Administrator will proceed to distribute the said Estate having regard only to the claims to which he then shall have had notice.

DATED at the Town of Channel-Port aux Basques, in the Province of Newfoundland and Labrador, this 24 th day of January, 2011. MARKS & PARSONS Solicitors for the Administrator PER: M. Beverley L. Marks, Q.C. ADDRESS FOR SERVICE P.O. Box 640 174 Caribou Road Channel-Port aux Basques, NL A0M 1C0 Tel: (709) 695-7338/7341 Fax: (709) 695-3944 Jan 28 ESTATE NOTICE IN THE ESTATE of MARY ELIZABETH MADORE, late of the Town of Stephenville Crossing, formerly of the Town of Stephenville, in the Province of Newfoundland and Labrador, housewife, widow, deceased.

All persons claiming to be cr editors of or who have any claims or demands upon or affe cting the Estate of MARY ELIZABETH MADORE, late of the Town of Stephenville Crossing, formerly of the Town of Stephenville, Newfoundland and Labrador, deceased, are hereby requested to send the particular s of the same in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 28 th day of February, 2011, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newf oundland and Labrador this 25th day of January, 2011. MILLS & GALLANT Solicitors for the Executor PER: Susan H. Gallant ADDRESS FOR SERVICE: P.O. Box 447, 87 Gallant Street Stephenville, NL A2N 3A3 Tel: (709) 643-5688 Fax: (709) 643-2906 Jan 28

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 86 ST. JOHN’S, FRIDAY, JANUARY 28, 2011 No. 4 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 7/11 NLR 8/11 NLR 9/11

The Newfoundland and Labrador Gazette January 28, 2011 33 NEWFOUNDLAND AND LABRADOR REGULATION 7/11 Proclamation re: By-Election for the Electoral District of Humber West under the Elections Act, 1991 and House of Assembly Act (O.C. 2011-018) (Filed January 24, 2011) 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. J. DEREK GREEN Administrator FELIX COLLINS Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS under the authority of

section 57 of the Elections Act, 1991 (the "Act"), and pursuant to

section 54 of the House of Assembly Act , upon the occurrence of a vacancy by resignation of the sitting member on the 3rd day of December, 2010, we are directed to issue a Writ of Elec tion for the election of a Member to the House of Assembly; AND

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

Proclamation re: By-Election, Electoral District of Humber West 7/11 The Newfoundland and Labrador Gazette January 28, 2011 34 1. That the date set to be the last day for nomination of candidates for the Election is Saturday, the 5 th day of February, 2011; 2. That the place for the nomina tion of candidates is the Valley Mall, 1 Mount Bernard Avenue, Corner Brook; 3. That the day of polling for the Election is Tuesday, the 15 th day of February, 2011; and 4.

That the Writ of Election shall be issued on Monday, the 24 th day of January, 2011 and be returnable at the time and in the manner prescribed by Division E of the Act, together with the return of the person to whom the writ is directed endorsed thereon, and all other documents and other things required to be transmitted to the Chief Electoral Officer by virtue thereof.

IN WITNESS WHEREOF we have caused the Great Seal of Our province to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Chief Justice, J. Derek Green, Administrator in and for Our Province of Newfoundland and Labrador. AT St. John's this 24 th day of January in the year of Our Lord two thousand and eleven in the fifty-ninth year of Our Reign. BY COMMAND, SANDRA BARNES Registrar General

The Newfoundland and Labrador Gazette 35 January 28, 2011 NEWFOUNDLAND AND LABRADOR REGULATION 8/11 Milk Regulations, 1998 (Amendment) under the Milk Scheme, 1998 and the Natural Products Marketing Act (Filed January 25, 2011) Under the authority of

section 8 of the Milk Scheme, 1998 and the Natural Products Marketing Act , the Dairy Farmers of Newfoundland and Labrador make the following regulations. Dated at St. John’s, January 24, 2011. Harry Burden Executive Director Dairy Farmers of Newfoundland and Labrador REGULATIONS Analysis 1. S.22 R&S Minimum price for milk 2. Commencement

Section 22 of the Milk Regulations, 1998 is repealed and the following substituted: 22. The minimum price at which milk shall be bought, sold or of- fered for sale FOB registered proces sors premises in the province shall be $107.06 per hectolitre of standard milk containing 3.6 kilograms of NLR 69/98 as amended Minimum price for milk

Milk Regulations, 1998 (Amendment) 8/11 The Newfoundland and Labrador Gazette January 28, 2011 36 butterfat, and for every kilogram in excess of that butterfat content, the minimum price shall be adjusted by the amount of $4.20 per hectolitre. 2. This regulation shall come into force on February 1, 2011. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette January 28, 2011 37 NEWFOUNDLAND AND LABRADOR REGULATION 9/11 Official Copy Regulations under the Statutes Act (Filed January 25, 2011) Under the authority of

section 17 of the Statutes Act, I make the following regulations. Dated at St. John’s, January 24, 2011. Felix Collins Minister of Justice REGULATIONS Analysis 1.

Short title 2. Definition 3. Official copy 1. These regulations may be cited as the Official Copy Regula- tions. 2. In these regulations, "Act" means the Statutes Act. 3. For the purpose of

section 11 of the Act, the following are the prescribed forms or formats of a copy of legislation or consolidated legislation accessed from the legislation website:

Short title Definition Official copy

Official Copy Regulations 9/11 The Newfoundland and Labrador Gazette January 28, 2011 38 (

a) an on-screen display of a copy viewed on or downloaded from the legislation website in HTML format, PDF format or Word format; and (

b) a print-out of a copy viewed on or downloaded from the legislation website in HTML format, PDF format or Word format. ©Earl G. Tucker, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 28, 2011 39 Index

PART I Judicature Act – Notice ...................................................................................................... ........................................................... 17 Lands Act – Notice ....................................................................................................................... ................................................. 19 Urban and Rural Planning Act – Notices ........................................................................................ ............................................... 19 Trustee Act – Notices ......................................................................................................... ........................................................... 20

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. Elections Act, 1991 and House of Assembly Act Proclamation re: NLR 7/11 New Jan 28/11 p. 33 By-Election, Electoral Extraordinary District of Humber West January 24, 2011 (February 1, 2011) Natural Products Marketing Act and the Milk Scheme, 1998 Milk Regulations, 1998 NLR 8/11 Amends Jan 28/11 p. 35 (Amdt.) NLR 69/98 (In force February 20, 2011) S.22 R&S Statutes Act Official Copy Regulations NLR 9/11 New Jan 28/11 p. 37

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 28, 2011 40 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.

Web Site: http://www.gs.gov.nl.ca/printer/index.html Place your order by contacting: Office of The Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 email: queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.