443 THE NEWFOUNDLAND AND LABRADOR GAZETTE THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 78 ST. JOHN'S, FRIDAY, SEPTEMBER 12, 2003 No. 37 MINERAL ACT NOTICE Published in accordance with regulation 62 of the Mineral Regulations.

Mineral rights to the following mineral licences have reverted to the Crown: Mineral Licence 2659M held by Spokane Resources Ltd situate near Laura Lake on map sheet 14E/ 1 Mineral Licence 7402M held by Billiton Resources Canada Inc situate near Mary March Brook, Central Nfld on map sheet 12A/16 Mineral Licence 7416M held by Billiton Resources Canada Inc situate near Skull Hill Brook, Central Nfld on map sheet 12H/ 1, 12A/16 Mineral Licence 6151M held by Geotech Surveys Inc. situate near Hinds Lake, Central Nfld on map sheet 12A/14 Mineral Licence 6153M held by Noranda inc. situate near Fleming Lake on map sheet 23J/14 Mineral Licence 6154M held by Noranda inc. situate near Attikamagen Lake on map sheet 23J/15 Mineral Licence 8020M held by Tim Gushue situate near Corner Brook Lake, Western Nfld on map sheet 12A/13 Mineral Licence 8726M held by Kiex Consulting Limited situate near Coles Pond, Northern Peninsula on map sheet 2L/13, 2L/14, 12I/16 Mineral Licence 8745M held by Celtic Minerals Ltd situate near Trout Pond on map sheet 14D/ 8 Mineral Licence 8747M, 8748M held by Alexander J.

Turpin situate near Harbour Mille, Southern Nfld on map sheet 1M/10 Mineral Licence 8753M held by British Canadian Mines Ltd. situate near Harbour Round, Baie Verte Pen on map sheet 2E/13

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 444 Mineral Licence 8754M 8755M 8756M 8757M 8758M 8759M 8760M 8761M 8762M held by Michael E. Dawson situate near St Brides, Avalon Peninsula on map sheet 1L/16 Mineral Licence 8763M held by Michael E.

Dawson situate near Patricks Cove, Avalon Peninsula on map sheet 1M/ 1 Mineral Licence 8765M held by Rubicon Minerals Corporation situate near Frozen Ocean Lake, Central Nfld on map sheet 2D/14 Mineral Licence 8766M held by Walter Sweetapple situate near Triton Brook, Central Nfld on map sheet 2D/10 Mineral Licence 8767M held by Hayward Pardy situate near Bernards Brook, Central Nfld on map sheet 2D/11 Mineral Licence 8768M held by Elin Macinnis situate near Eastern Pond, Central Nfld on map sheet 2D/11 Mineral Licence 8779M held by South Coast Ventures Inc situate near Gull Lake, Central Nfld on map sheet 2D/14 Mineral Licence 8788M held by Vinland Resources Limited situate near Southern Peak Pond, Avalon Pen on map sheet 1N/ 6 Mineral Licence 8790M held by Nigel Baker situate near Flat Bay Brook, Western Nfld on map sheet 12B/ 8 Mineral Licence 8795M, 8796M held by Christopher Hutchings situate near Whitewood Pd, Avalon Peninsula on map sheet 1N/11 Mineral Licence 8792M, 8793M, 8794M held by Christopher Hutchings situate near Hearts Desire, Avalon Peninsula on map sheet 1N/14 Mineral Licence 8799M held by Rubicon Minerals Corporation situate near Gull Pond, Central Nfld on map sheet 2D/16 Mineral Licence 8797M, 8798M held by Rubicon Minerals Corporation situate near Indian Bay Big Pd, Central Nfld on map sheet 2E/ 1 Mineral Licence 8805M held by Alexander J.

Turpin situate near Springdale, Central Nfld on map sheet 12H/ 9 Mineral Licence 8814M held by Alexander T.

Stares situate near Bay du Nord River, Southern NL on map sheet 2D/ 3 Mineral Licence 8818M held by Mackenzie Jaims situate near Miguels Lake, Central Nfld on map sheet 2D/11, 2D/12 Mineral Licence 8824M held by Mackenzie Jaims situate near Webber Pond, Central Nfld on map sheet 2D/11 Mineral Licence 8823M held by Mackenzie Jaims situate near Ten Mile Lake, Central Nfld on map sheet 2E/ 2 Mineral Licence 8820M, 8821M, 8822M held by Mackenzie Jaims situate near Tem Mile Lake, Central Nfld on map sheet 2E/ 7, 2E/ 2 Mineral Licence 8828M held by Suley Keats Sr situate near Little Gander Pd, Central Nfld on map sheet 2D/11, 2D/ 6 A portion of licence 9527M held by Cornerstone Resources Inc. situate near Port Blandford, Eastern Nfld on map sheet 2D/ 8 more particularly described in an application on file at Dept. of Mines and Energy

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 445 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidated Newfoundland and Labrador Regulations 1143/96 and Ne wfoundland and Labrador Regulation 71/98, 104/98, 97/2000 and 36/2001 and outlined on 1:50 000 scale maps maintained by the Department of Mines and Energy, will be open for staking after the hour of 9:00 AM on the 32nd clear day after the date of this publication. Priority of applications submitted will be determined by a draw.

JIM HINCHEY, P.Geo Manager - Mineral Rights File # 774:1810, 3129, 3132, 3134, 3370, 4274, 4716, 4729, 4731, 4736, 4737, 4739, 4740, 4741, 4742, 4744, 4753, 4755, 4757, 4758, 4762, 4768, 4771, 4773, 4776 Sept 12 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF PARADISE DEVELOPMENT REGULATIONS AMENDMENT NUMBER 45, 2003 Take notice that the Town of Paradise Development Regulations Amendment No. 45, 2003, adopted on the 10 th day of September, 2003, has been registered by the Minister of Municipal and Provincial Affairs.

In general terms the purpose of Development Regulations Amendment Number 45, 2003 is to:

(1) Reduce the buffer on the tree and plant life buffer on railway trail to 15 m and, at Council’s discretion, to permit development within the 10 m to 15 m buffer provided a landscaping plan has been submitted and approved by Council. The Town of Paradise Development Regulations Amendment Number 45, 2003 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone wishing to inspect a copy of the Town of Paradise Development Regulations Amendment No. 45, 2003 may do so at the Town Office, 1655 Topsail Road, Paradise, during normal working hours TOWN OF PARADISE Town Clerk P.O.# 10130 Sept 12 NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 292, 2003 Take notice that St. John’s Development Regulations Amendment Number 292, 2003, adopted on the 25 th day of August, 2003 has been registered by the Minister of Municipal and Provincial Affairs. In general terms the purpose of St.

John’s Development Regulations Amendment Number 292, 2003 is to introduce a definition for “Street” to ensure that the St. John’s Development Regulations are in conformity with the Development Regulations made by the Minister of Municipal and Provincial Affairs under the Urban and Rural Planning Act. The St. John’s Development Regulations Amendment Number 292, 2003 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy St. John’s Development Regulations Amendment Number 292, 2003 may do so at the City of St.

John’s , Engineering and Planning Department, 3 rd Floor, City Hall during regular business hours (Monday through Friday, (9:00 a.m. to 4:30 p.m.). CITY OF ST.

JOHN’S Engineering & Planning Department Sept 12 NOTICE OF REGISTRATION TOWN OF PARADISE MUNICIPAL PLAN AMENDMENT NO. 32, 2003 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 40, 2003 Take notice that the Town of Paradise Municipal Plan Amendment No. 32, 2003 and Development Regulations Amendment No. 40, 2003, adopted on the 20 th day of May, 2003, and approved on the 2nd day of September, 2003, have been registered by the Minister of Municipal and Provincial Affairs. In general terms the purpose of the Municipal Plan Amendment No. 32, 2003 is to:

(1) Remove the 610 m Agricultural Buffer line around Duff’s Highland Farm.

(2) Redesignate the parcel of land bordered on the east by St. Thomas Line, on the south by Meadow Road, on the north by Stonewall Drive & Plateau

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 446 Park, and on the west by Duff’s Highland Farms from “Residential-CDA” and “Rural” to “Residential”. The purpose of this amendment is to permit the development of a residential subdivision. In general terms,, the purpose of Development Regulations Amendment No. 40, 2003 is to:

(1) Remove the 610 m Agricultural Buffer line around Duff’s Highland Farm.

(2) Rezone the parcel of land bordered on the east by St. Thomas Line, on the south by Meadow Road, on the north Stonewall Drive & Plateau Park, and on the west by Duff’s Highland Farms from “Residential- CDA” and “Rural” to “Residential Subdivision”. The purpose of this amendment is to permit the development of a residential subdivision. The Town of Paradise Municipal Plan Amendment No. 32, 2003 and Development Regulations Amendment Number 40, 2003 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

Anyone wishing to inspect a copy of the Town of Paradise Municipal Plan Amendment No. 32, 2003 and Development Regulations Amendment No. 40, 2003 may do so at the Town Office, 1655 Topsail Road, Paradise, during normal working hours. TOWN OF PARADISE Town Clerk P.

O. # 10130 Sept 12 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE of Andrew Anthony Downey Sr. late, of the Town of Stephenville Cr ossing, in the Province of Newfoundland and Labrador, retired C.N. worker, pensioner, widower, deceased: All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of late Andrew Anthony Downey Sr., of the Town of Stephenville Crossing, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 10 th day of October, 2003, after which date the said Administrator will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newfoundland and Labrador, this 6th day of September, 2003. MARIE MARCHE WHITE Solicitor for the Administrator ADDRESS FOR SERVICE P.O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 Sept.12 ESTATE NOTICE IN THE MATTER OF the estate of John B. Foote late of the Town of Grand Bank, in the Electoral District of Grand Bank, in the Province of Newfoundland and Labrador, Businessman, Married, Deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the estate of John B.

Foote late of the Town of Grand Bank, aforesaid, deceased, are hereby requested to send particulars therein in writing, duly attested to Deanne M. Penney, Paterson Palmer, at Scotia Centre, 235 Water Str eet, P.O. Box 610, St. John’s, Newfoundland and Labrador, Solicitors for the estate of the deceased on or before 20 th day of October, 2003, after which date the Solicitors will proceed to distribute the said estate, having regard only to the claims which they shall then have had notice. DATED at the City of St. John’s, in the Province of Newfoundland and Labrador, this 27 th day of August, 2003.

PATTERSON PALMER Solicitors for the Estate of John B. Foote PER: Deanne M. Penney ADDRESS FOR SERVICE 10th Floor, Scotia Centre 235 Water St P.O. Box 610 St. John’s, NL A1C 5L3 Sept.12, 17

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 447 QUIETING OF TITLES ACT 2003 ST. J. No. 2945 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF the Application of George Batten pursuant to the Quieting of Titles Act,

Chapter Q-3 of the Revised Statutes of Newfoundland and Labrador, 1990 AND IN THE MATTER OF a piece or parcel of land situate at Bay Roberts in the Province of Newfoundland and Labrador NOTICE OF APPLICATION under the Quieting of Titles Act,

Chapter Q-3 of the Revised Statutes of Newfoundland and Labrador, 1990 NOTICE OF APPLICATION NOTICE is hereby given to all parties that George Batten of Bay Roberts in the Province of Newfoundland and Labrador has applied to the Supreme Court of Newfoundland and Labrador, St. John’s, to have the title to ALL THAT piece or parcel of land situate at Bay Roberts in the Province of Newfoundland and Labrador, being more particularly described in

Schedule “A” hereunto annexed and which forms part of this Notice, of which the said George Batten, claims on his behalf to be the owner, investigated and for a declaration that the said George Batten is the absolute owner in fee simple thereof, subject to the rights to those claiming through it and Justice Carl Thompson having ordered Notice of the said Application to be published as required by the above named Act. All persons having title adverse to the said title claimed by the Applicant shall file in the Registry of the Supreme Court at St.

John’s particulars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned Solicitors for the Applicant on or before the 30 th day of September, 2003 after which date no party having any claim shall be permitted to file same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just. DATED at Bay Roberts this 28 th day of August, 2003. MOORES ANDREWS COLLINS Solicitors for the Applicant PER: David L.G. Andrews, QC ADDRESS FOR SERVICE P. O. Box 806 Bay Roberts, NL A0A 1G0 Sept 12

SCHEDULE ‘A’ Metes and bounds description of property acquired by George Batten and located at Bay Roberts. Port de Grave District, Province of Newfoundland, and being more particularly described as follows: All that lot, piece of parcel of land situate and being along the Southeast side of Hope Avenue; Starting at Crown Land Monument 81G2191 whence Crown land Monument 81G2192 bears South ten degrees fifty two minutes thirty-three seconds West (S10º 52' 33" W); Thence running North thirty-nine degrees forty-nine minutes fifty-four seconds West (N39º 49' 54"

W) a distance of one hundred eighty-seven decimal two six three metres (187.263 m), to the point of beginning: Thence running along other land of George Batten, North thirty-nine degrees fifty-seven minutes two seconds West (N 39º 57' 02"

W) a distance of forty-five decimal six three eight metres; (45.638m); Thence running along land now or formerly belonging to Gregory and Marie Dawe, North twenty-seven degrees fifty-four minutes fifty-six seconds East (N27º 54' 56"

E) a distance of forty-seven decimal three seven seven metres (47.377m); Thence running along land now or formerly belonging to Gregory and Marie Dawe, North thirty-one degrees twenty-five minutes forty-three seconds East (N31º 25' 43"

E) a distance of six decimal seven five five metres (6.755m); Thence running along land now or formerly belonging to Gregory and Marie Dawe, North thirty-four degrees thirty- two minutes thirty-six seconds East (N34º 32' 36"

E) a

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 448 distance of sixty decimal one seven two metres; (60.172m); Thence running along land now or formerly belonging to Sandra Snow and Marilyn Wilson, South forty-nine degrees twenty-one minutes fifty seconds East (S49º 21' 50"

E) a distance of forty-four decimal one six eight metres (44.268 m); Thence running along land now or formerly belonging to Sandra Snow and Marilyn Wilson, South forty-eight degrees twenty-three minutes eighteen seconds East (S48º 23' 18"

E) a distance of thirty decimal five three three metres (30.533 m), to a point in the centre of a narrow brook; Thence running along other land of George Batten, South forty-six degrees eighteen minutes ten seconds West (S 46º 18' 10"

W) a distance of one hundred twenty decimal two four six metres (120.246

m) more or less, to the point of beginning; All bearings being referred to the Modified Three Degree Transverse Mercator Grid Projection as per N.A.D. 83 and the whole parcel containing a calculated area of 0.7146 hectares.

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 449 CORPORATIONS ACT Re: The Corporations Act –

Section 294 The following list comprises companies which were brought about by amalgamation during the month of April, 2003 Re: The Corporations Act –

Section 301 and 393 The following list comprises companies which have been issued Certificates of Discontinuance during the month of April, 2003 Re: The Corporations Act –

Section 331 The following is a list of companies issued Certificates of Revival for the month of April, 2003

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 450 Re: The Corporations Act –

Section 393 The following is a list of corporations incorporated during the month of April, 2003

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 451

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 452

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 453

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 454

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 455

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 456

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 457

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 458

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 459

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 460

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 461

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 462 Re: The Corporations Act –

Section 286 The following list comprises companies which have changed their names during the month of April, 2003

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 463

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 464 Re: The Corporations Act –

Section 286 The following list comprises companies which were issued Certificates of Amendment during the month of April, 2003

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 465

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 466

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 467

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 468

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 469 Re: The Corporations Act –

Section 335 The following list comprises companies which have been dissolved under Articles of Dissolution during the month of April, 2003

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 470

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 471

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 472

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 473 Re: The Corporations Act –

Section 443 The following is the list of the Extra-Provincial companies which were issued Certificates of Registration during the month of April, 2003

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 474

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 475

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 476 Re: The Corporations Act –

Section 451 The following list comprises companies which have changed their names during the month of April, 2003

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 477

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 478 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- TINA MARLENE WISEMAN of P. O.

Box 694, Gam bo, A0G 1T0, Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from MARLENE SUZANNA BROWN to MARLENE SUZANNA WISEMAN JOHNATHAN HAROLD LESTER CLIFTON WATSON BOUDREAU to JONATHAN WATSON WISEMAN MORGAN TYLER PHILIP BOUDREAU to MORGAN TYLER PHILIP WISEMAN DATED this 4th day of September, 2003.

TINA WISEMAN (Signature of Applicant) Sept 12 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- LAURIE (POWER) CRITCH of 19 Macroom Place, Mount Pearl, A1N 5J1, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JAMIE ALONZO POWER to JAMIE ALONZO CRITCH DATED this 27th day of August, 2003. LAURIE CRITCH (Signature of Applicant) Sept 12

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 78 ST. JOHN'S, FRIDAY, SEPTEMBER 12, 2003 No. 37 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 103/03 NLR 104/03 NLR 105/03 NLR 106/03 Correction Notice NLR 71/03

The Newfoundland and Labrador Gazette September 12, 2003 1017 NEWFOUNDLAND AND LABRADOR REGULATION 103/03 Heating Oil Storage Tank System Regulations, 2003 (Amendment) under the Environmental Protection Act (O.C. 2003-447) (Filed September 8, 2003) Under the authority of

section 111 of the Environmental Protec- tion Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 29, 2003. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.4.1 Added Administrator 3. S.5 Amdt. New or altered systems 4. S.11 Amdt. Construction and installation 5. S.12 Amdt. Alteration of system 6. S.13 Amdt. Delivery prohibited 7. S.15 Amdt. Technical requirements 8. S.17 Amdt. Variance 9. S.19 Amdt. Insurance 10. S.20 Amdt. Licensure

Heating Oil Storage Tank System Regulations, 2003 (Amendment) 103/03 The Newfoundland and Labrador Gazette September 12, 2003 1018 11. S.22 Amdt. Suspension or revocation of licensure 1.

(1) Paragraph 2(

c) of the Heating Oil Storage Tank System Regulations, 2003 is amended by adding immediately after the word "minister" the words and figures "under

section 4.1".

(2) Section 2 of the regulations is amended by adding imme- diately after paragraph (

e) the following: (e.1) "CSA-B139" means the Installation Code for Oil Burning Equipment of the Canadian Standards Association issued with the number CSA B139 as revised from time to time; 2. The regulations are amended by adding immediately after

section 4 the following: 4.1 The minister shall designate an administrator to carry out duties under these regulations.

Section 5 of the regulations is amended by adding immedi- ately after subsection (3) the following:

(4) Notwithstanding subsection (2), a person may install or have his or her agent install a system for that person’s own use notwith- standing that that person or agent is not trained as required under clause 3.4.2 of CSA-B139 to do that installation provided that an inspection is carried out as required under

section 11 or 12. 4. Subsection 11(1) is repealed and the following substituted: 11.

(1) A system shall be constructed and installed in accordance with the requirements of these regul ations and in accordance with the tank manufacturer’s instruction, th e System Installation and Inspection Manual and the requirements of CSA-B139, excluding the application of clause 3.4.2 of that code to a person or his or her agent who installs a system for that person’s own use. 5. Subsection 12(1) is repealed and the following substituted: 12.

(1) An alteration to a system shall be in accordance with the requirements of these regulations and in accordance with the require- ments of the tank manufacturer’s instructions, the System Installation NLR 60/03 Administrator Construction and installation Alteration of system

Heating Oil Storage Tank System Regulations, 2003 (Amendment) 103/03 The Newfoundland and Labrador Gazette September 12, 2003 1019 and Inspection Manual and the requirements of CSA-B139, excluding the application of clause 3.4.2 of that code to a person or his or her agent who alters a system for that person’s own use. 6.

(1) Subparagraph 13(1)(b)(ii) is amended by deleting the word "permanently". (2) Subsection 13(1) of the regulations is amended by delet- ing the period at the end of paragraph (

b) and substituting a semi- colon and the word "and" and by adding immediately after that paragraph the following: (

c) that has not been constructed, installed, altered or registered in accordance with these regulations. 7. Subsections 15(2) to (5) are repealed and the following sub- stituted

(2) Notwithstanding subsection (1), an aboveground tank that is constructed with secondary containment that provides an interstice that is monitored and where the tank is located (

a) outside and the secondary containment precludes the ingress of precipitation; or (

b) inside a structure or buildin g which includes a foundation and protects the tank from the elements to the satisfaction of the administrator, that tank shall be used only for the maximum period set by the admin- istrator.

(3) Where an aboveground tank is constructed of materials other than mild steel it shall be used only for the maximum period set by the administrator.

(4) An underground heating oil storage system shall be (

a) constructed with secondary containment of both the tank and all piping or tubing that provides an interstice that is moni- tored; and

Heating Oil Storage Tank System Regulations, 2003 (Amendment) 103/03 The Newfoundland and Labrador Gazette September 12, 2003 1020 (

b) installed and maintained in a manner so that the system may be readily removed if necessary according to subsection 18(5), and that system shall be used only for the maximum period set by the administrator.

(5) The maximum period referred to in subsections (2), (3) and (4) shall not exceed 50 years. 8. Subsection 17(2) of the regulations is repealed and the fol- lowing substituted:

(2) The administrator may vary the time period for compliance with subsection 5(3),

section 9 and paragraphs 13(1)(b), 16(3)(b), (

c) and (

d) and 18(5)(

b) and (

c) where, in the opinion of the administrator (

a) due to geographic or other factors, a licensed inspector is not available; or (

b) geographic or climatic fact ors make compliance within the prescribed time frame impossible. 9. Paragraph 19(2)(

a) of the regulations is repealed and the following substituted: (

a) submit to the administrator a certificate of that insurance coverage by September 30, 2003 or within 30 days of ac- quiring that coverage, whichever is later; (a.1) submit to the administrator a certificate of that insurance coverage within 30 days of renewing that coverage; and 10. (1) Subsection 20(2) of the regulations is repealed and the following substituted:

(2) An applicant for an inspector’s licence shall (

a) complete and submit an application in the form and manner acceptable to the administrator; (

b) hold the certification required by the administrator; and

Heating Oil Storage Tank System Regulations, 2003 (Amendment) 103/03 The Newfoundland and Labrador Gazette September 12, 2003 1021 (

c) complete, to the satisfaction of the administrator, additional training and examination programs required by the adminis- trator. (2) Subsection 20(5) of the regulations is repealed and the following substituted:

(5) A licence issued under this

section shall expire 12 months after the date of issue of the licence. 11. (1) Subsection 22(2) of the regulations is repealed. (2) Subsection 22(5) of the regulations is repealed. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette September 12, 2003 1023 NEWFOUNDLAND AND LABRADOR REGULATION 104/03 Fire Prevention Regulations (Amendment) under the Fire Prevention Act, 1991 (O.C. 2003-448) (Filed September 8, 2003) Under the authority of

section 26 of the Fire Prevention Act, 1991 the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 29, 2003. Deborah E. Fry Clerk of the Executive Council REGULATION Analysis 1. S.2 Amdt. Codes adopted 1. Paragraph 2(

d) of the Fire Prevention Regulations is re- pealed and the following substituted: (

d) the Installation Code for Oil Burning Equipment (C.S.A. B139) as published by the Canadian Standards Association, excluding the application of clau se 3.4.2 of that Code to a person or his or her agent who installs a system as defined in CNLR 9/96

Fire Prevention Regulations (Amendment) 104/03 The Newfoundland and Labrador Gazette September 12, 2003 1024 the Heating Oil Storage Tank System Regulations, 2003 , for that person’s own use; and ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette September 12, 2003 1025 NEWFOUNDLAND AND LABRADOR REGULATION 105/03 Student Financial Assistance Regulations under the Student Financial Assistance Act (O.C. 2003-469) (Filed September 8, 2003) Under the authority of

section 16 of the Student Financial Assis- tance Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, September 2, 2003. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Educational institution des- ignation 4. Amount of assistance on certificate 5. Consolidation and repay- ment 6. Debt reduction grants 7. Debt reduction calculation 8. Loan remission 9. Early childhood education grants 10. Interest relief 11. Deferred bursary 12. Loan forgiveness due to disability 13. Commencement

Schedule

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1026 1. These regulations may be cited as the Student Financial Assis- tance Regulations. 2.

In these regulations (a) "Act", unless the context indicates otherwise, means the Stu- dent Financial Assistance Act; (b) "division" means the Student Financial Services Division of the department; (c) "financial assistance" means a loan or other form of assis- tance given to a person by a lender under the Act to assist in covering the costs associated with enrolment at an educa- tional institution; (d) "full course load" means the maximum number of courses that an educational institution usually requires a person to complete during a period of study in his or her program of study; (e) "full time student" means a qualifying student who is en- rolled in 80% of a full course load or who qualifies to re- ceive financial assistance under subsection 3(3) or (4) of the Student Financial Assistance Administration Regulations; (f) "partner", with respect to a borrower, means a person (

i) to whom the borrower is married, or (ii) with whom the borrower is cohabiting and has cohab- ited with in a conjugal relationship for at least 12 con- secutive months, or (iii) with whom the borrower ha s filed his or her most recent income tax return as a common law partner; (g) "period of study" means a period of study at an educational institution that is not fewer than 12 weeks in length within a period of not fewer than 15 weeks and not more than 52 consecutive weeks in length; and

Short title

Definitions

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1027 (h) "program of study" means a series of periods of study, the successful completion of which, if all requirements are met, qualifies the person for a degree, diploma or certificate. 3.

(1) In order to qualify as an educational institution under the Act an institution that offers a program of study in the province shall be (

a) a college or university as defined in the Memorial University Act; (

b) the college as defined in the Colleges Act, 1996; or (

c) registered as private training institution under the Private Training Institutions Act.

(2) An institution in another province or territory of Canada, including an institution that offers distance education courses to resi- dents of the province, may be design ated as an educational institution where that institution has been designated for student financial assis- tance purposes by the appropriate authority in the province or territory of Canada in which it is located.

(3) An institution referred to in su bsection (2) that is also a pri- vate training institution shall not be designated as an educational insti- tution unless it is registered under

an Act of another province or terri- tory of Canada that is equivalent to the Private Training Institutions Act.

(4) An institution that is in the United States of America that is accredited by an accrediting agency approved by the United States Sec- retary of Education and is defined as an institution of higher education in accordance with the publication of the U.S. Department of Educa- tion: The Federal Financial Aid Handbook may be designated as an educational institution.

(5) An institution that is outside Canada and the United States of America that (

a) offers programs that lead to an associate, undergraduate, graduate or professional degree or is at least 2 years in dura- tion and is acceptable for full credit towards an undergradu- ate degree; or Educational institu- tion designation

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1028 (

b) where the Lieutenant-Governor in Council considers the circumstances to be exceptional, a non-degree granting in- stitution that is recognized by the country in which it is lo- cated as an accredited post-sec ondary educational institution that provides programs that lead to a certificate or diploma, may be designated as an educational institution.

(6) An application made by an institution to be designated as an educational institution by the minister shall be in the form and contain the information required by the minister.

(7) A designation of an institution as an educational institution by the minister shall be in writing.

(8) In order to qualify for and maintain a designation as an edu- cational institution, that institution must (

a) provide information and counselling to students with respect to their eligibility for financial assistance; (

b) collect and report information to the division as required by the minister; (

c) have a refund policy acceptable to the minister for students who withdraw before completing their program; (

d) where applicable, comply with the requirements of the Pri- vate Training Institutions Act; (

e) have a grade 12 or equivale nt entrance requirement or a mature student policy in place th at is acceptable to the de- partment; (

f) have a default prevention plan that is acceptable to the de- partment; (

g) adhere to all specified administrative requirements of the department; and (

h) comply with all other requirements that the minister may by policy establish.

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1029

(9) Where an educational institution designated under the Act fails to comply with the requirements to maintain that designation, the minister may, with the approval of the Lieutenant-Governor in Council, cancel its designation as an educational institution. 4.

(1) A certificate of eligibility for financial assistance shall not be issued in an amount that is less than $67.

(2) The maximum amount of financial assistance that may be issued to a qualifying student shall be $110 per week of a period of study.

(3) Notwithstanding subsection (2), a student enrolled in medi- cal school at Memorial University of Newfoundland may qualify for $200 per week during a period of study. 5.

(1) All student loans received as financial assistance shall be consolidated not more than 6 months after the borrower ceases to qual- ify as a full time student.

(2) Once a borrower’s student loans are consolidated, he or she shall commence repaying the consolid ated loan in accordance with the terms and conditions applicable to that consolidated loan.

(3) Interest on a loan to a bo rrower shall commence being pay- able by that borrower on the first day of the month following the last day on which that borrower ceases to be a full time student. 6.

(1) A borrower who has (

a) graduated from a program of study in the province that is not fewer than 80 weeks in duration; and (

b) borrowed more than $165 per week, including assistance under the Act and the federal Act for a period of study; and (

c) in accordance with the standa rds of the educational institu- tion attended, passed 80% of a full course load in the period of study referred to in paragraph (b); and (

d) applied for and been considered eligible to receive financial assistance by way of a loan for not less than 50% of the re- quired length of his or her post secondary program, Amount of assis- tance on certificate Consolidation and repayment Debt reduction grants

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1030 is eligible for a debt reduction grant to reduce the loan amounts repay- able by that borrower.

(2) Notwithstanding paragraph (1 )(c), a borrower approved to enrol in less than 80% of a full cour se load in accordance with subsec- tion 3(2), (3) or (4) of the Student Financial Assistance Administration Regulations must successfully complete 100% of that course load in order to qualify for a grant under subsection (1)

(3) Notwithstanding paragraph (1)(a), the minister may deter- mine that a program of study attended outside the province qualifies under this

section for a grant where (

a) the borrower’s program of study was not offered in the province; (

b) the borrower was enrolled in graduate studies; (

c) the borrower’s program of study differs substantially from any program of study offered in the province; (

d) the borrower did not meet the minimum entry requirement for his or her program of study in the province but met the requirements for substantially the same program outside the province; (

e) the borrower applied to do his or her program of study in the province but was denied entry due to limited spaces in that program; (

f) the borrower received transfer credits toward advanced standing into his or her program of study, resulting in a re- duced length of time for that program; (

g) the borrower’s partner has undertaken studies outside the province that qualify him or her for debt reduction grants under one or more of paragraphs (

a) to (f); and (

h) for another reason that the mi nister considers to be appropri- ate.

(4) Where

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1031 (a) 10 or more years have elap sed since a borrower commenced his or her program of study; or (b) 2 or more years have elapsed since a borrower graduated from his or her program of study, that borrower no longer qualifies for a grant under this section. 7.

(1) Where the issuance of a gran t under

section 6 is approved, that grant shall (

a) for a borrower who has passed a full course load, be equal to the amount borrowed that is in excess of the amount referred to in paragraph 6(1)(b); and (

b) for a borrower who passes 80% of his or her full course load, be equal to 50% of the amount borrowed that is in excess of the amount referred to in paragraph 6(1)(b), and shall be applied directly agai nst the borrower’s loan received by way of financial assistance under the Act and these regulations.

(2) Notwithstanding subsection (1), where the balance owed on a borrower's loan is less than the amount of a grant to which he or she is entitled, the remaining balance of the grant shall be paid to the bor- rower.

(3) A grant to a borrower shall not exceed the principal amount of his or her loan at the time of its consolidation. 8.

(1) Until July 31, 2004, a borrower may apply to the minister for loan remission to reduce the amount of his or her loan that is to be re- paid.

(2) An application made under subsection (1) shall be made not more than 12 months after he or she has graduated from his or her pro- gram of study.

(3) A borrower may qualify for loan remission under this sec- tion where he or she Debt reduction calculation Loan remission

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1032 (

a) has graduated from a program of study offered by an educa- tional institution that is not fewer than 80 weeks in duration; and (

b) has graduated from a program of study within the time nor- mally specified for the completion of that program plus one academic year; and (

c) has a combined debt load that exceeds the minimum debt threshold that is the greater of (i) $22,016 for a program of study of 128 or fewer weeks, or (ii) $172 per week times the total number of borrowing weeks for a program of study that is more than 128 weeks; and (

d) has completed his or her program of study in the province.

(4) Notwithstanding paragraph (3)(d), where a borrower com- pleted his or her program of study outside the province, the minister may determine that the borrower qualifies for loan remission if (

a) one or more of paragraphs 6(3)(a), (b), (c), (d), (

e) and (

h) apply to that borrower; or (

b) his or her partner undertook studies outside the province and qualified for loan remission. 9.

(1) A borrower who (

a) has graduated from an early childhood education program offered in the province; and (

b) has completed the program referred to in paragraph (

a) within the time scheduled by the institution attended for that program, plus one academic year; (

c) has borrowed more than $165 per week, including financial assistance under the Act and the federal Act, for the period of study pertaining to the approved early childhood educa- tion program; and Early childhood education grants

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1033 (

d) is, at the time of the consolidation of his or her loans, em- ployed as an early childhood educator, is eligible for an early childhood education grant to reduce the loan amounts payable by that borrower.

(2) Where the issuance of a grant in accordance with this

section is approved, that grant shall be applied directly against the borrower’s loan received by way of financial assistance under the Act and these regulations.

(3) Notwithstanding subsection (1), where the balance owed on the borrower’s loan received by way of financial assistance is less than the amount of the grant to which he or she is entitled, the remaining balance of the grant shall be paid to the borrower.

(4) A grant received under this

section shall not exceed the prin- cipal balance of the student loan owing by the borrower at the time of its consolidation.

(5) Where a borrower has receive d an overaward of financial assistance under the Act, that over award shall be deducted from grant amounts awarded under this section. 10.

(1) Where a borrower is required, on a monthly basis, to repay his or her loan received as financia l assistance and he or she has diffi- culty making those payments, that borrower may apply for interest re- lief to the minister, in the form that the minister may require.

(2) The minister shall consider gross family income, financial assets and monthly student loan payments of a borrower under the Act and the federal Act where he or she is determining eligibility for inter- est relief and that relief shall be in accordance with the

Schedule at- tached to these regulations.

(3) Interest relief under this

section shall be available to the bor- rower for not more than 30 months over the duration of the repayment

schedule of his or her loan.

(4) Notwithstanding subsection (3), the minister may allow an additional 24 months of interest relief within the first 5 years of repay- ment of the borrower's loan. Interest relief

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1034 11. Where a borrower qualified for a deferred grant under

section 9 of the Student Allowances Regulations that grant shall not be available to that borrower after July 31, 2004. 12.

(1) A borrower may, in the form required by the minister, apply to the minister to have his or her student financial assistance removed from active recovery because he or she has a permanent disability that was acquired after the first day of his or her first period of study for which he received financial assist ance and that makes repayment of that loan impossible.

(2) The minister may, where he or she considers it to be appro- priate, and upon the advice of the division, forgive the repayment of a student loan by a borrower who makes an application under subsection (1).

(3) A decision made by the minister under this

section is not eligible for review or appeal.

(4) The minister may, for the purpose of making a determination under this

section require the expertise and opinion of a medical practi- tioner to review documentation submitted with respect to an application and to determine the nature and extent of the applicant’s disability.

(5) In this

section a permanent disability is a functional limita- tion caused by a physical or mental impairment that restricts the ability of that person to perform the daily activities necessary to participate in studies at a post secondary school level or the labour force and that limitation is expected to remain with the person for his or her expected life. 13. These regulations shall be considered to have come into force on August 1, 2002. Deferred bursary Loan forgiveness due to disability Commencement

Student Financial Assistance Regulations 105/03 The Newfoundland and Labrador Gazette September 12, 2003 1035

Schedule Max.

Gross Family Income (monthly) for Interest Relief Eligibility Monthly payment up to $ Family Size 123456789 1 0 50 1500 2339 3006 3541 4032 4484 4889 5229 5510 5722 75 1533 2379 3042 3579 4073 4526 4934 5274 5557 5771 100 1566 2420 3078 3617 4113 4569 4978 5321 5604 5820 125 1599 2451 3115 3655 4153 4612 5023 5368 5653 5870 150 1635 2482 3152 3693 4194 4655 5069 5415 5702 5920 175 1671 2514 3187 3731 4235 4698 5114 5472 5751 5970 200 1705 2549 3225 3770 4276 4741 5159 5519 5800 6021 225 1741 2584 3263 3809 4317 4784 5204 5565 5850 6072 250 1777 2619 3300 3849 4358 4827 5249 5612 5900 6123 275 1813 2655 3339 3889 4400 4870 5295 5658 5950 6174 300 1849 2690 3379 3929 4442 4914 5342 5705 6000 6225 325 1885 2725 3418 3969 4484 4958 5389 5752 6050 6277 350 1923 2761 3457 4009 4525 5002 5438 5800 6100 6329 375 1962 2796 3496 4049 4567 5046 5485 5850 6151 6381 400 2000 2831 3536 4090 4610 5091 5533 5900 6202 6433 425 2039 2866 3575 4130 4653 5136 5580 5950 6253 6486 450 2078 2900 3614 4170 4696 5182 5628 6000 6304 6539 475 2117 2936 3654 4210 4740 5227 5676 6050 6356 6592 500 2157 2972 3693 4251 4783 5273 5725 6100 6408 6646 525 2197 3008 3732 4292 4827 5319 5774 6151 6460 6700 550 2239 3044 3771 4333 4871 5365 5823 6202 6513 6754 575 2281 3080 3811 4374 4915 5412 5872 6253 6566 6808 600 2324 3116 3850 4416 4959 5459 5921 6304 6619 6863 625 2367 3152 3889 4458 5003 5507 5970 6355 6672 6918 650 2411 3188 3929 4500 5048 5554 6020 6407 6726 6973 675 2441 3225 3968 4542 5093 5602 6070 6459 6780 7028 700 2470 3262 4007 4585 5138 5651 6120 6511 6834 7084 725 2500 3300 4046 4627 5184 5700 6170 6563 6888 7140 750 2535 3337 4086 4670 5230 5750 6221 6615 6943 7196 775 2570 3375 4125 4712 5275 5800 6272 6668 6998 7253 800 2605 3413 4164 4756 5321 5850 6323 6721 7053 7310 825 2640 3452 4204 4800 5368 5900 6374 6775 7109 7367 850 2675 3491 4243 4844 5415 5950 6425 6829 7165 7434 875 2710 3529 4282 4888 5462 6000 6476 6883 7221 7491 900 2745 3565 4321 4932 5510 6051 6527 6938 7277 7549 925 2780 3601 4361 4976 5558 6102 6579 6993 7333 7607 950 2816 3639 4400 5020 5606 6153 6631 7048 7390 7665 975 2852 3678 4439 5064 5654 6205 6683 7103 7447 7724 1000 2888 3717 4479 5108 5702 6257 6735 7158 7504 7783 ©Earl G.

Tucker, Queen's Printer

The Newfoundland and Labrador Gazette September 12, 2003 1037 NEWFOUNDLAND AND LABRADOR REGULATION 106/03 Student Financial Assistance Administration Regulations under the Student Financial Assistance Act (Filed September 8, 2003) Under the authority of

section 15 of the Student Financial Assis- tance Act, I make the following regulations. Dated at St. John’s, August 21, 2003 Anna Thistle Minister of Youth Services and Post Secondary Education REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Financial assistance eligibil- ity 4. Maintaining and duration of eligibility 5. Program change 6. Work terms 7. Application 8. Student category 9. Residency 10. Need assessment 11. Parental contribution 12. Pre-study contribution 13. Study period contribution 14. Reassessment 15. Overaward 16. Term without assistance 17. Certificate of eligibility 18. Appeal board 19. Financial assistance review and appeal 20. Financial assistance appeal 21. Time limitation 22. Additional review and ap- peal 23. Appeal to board 24. Deemed receipt

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1038 25. Board decision 26. Fees and charges 27. Commencement 1. These regulations may be cited as the Student Financial Assis- tance Administration Regulations. 2. In these regulations (a) "Act", unless the context indicates otherwise, means the Stu- dent Financial Assistance Act; (b) "division" means the Student Financial Services Division of the department; (c) "end date" means the end date of a period of study estab- lished in accordance with

section 17; (d) "financial assistance" means a loan or other form of assis- tance given to a person by a lender under the Act to assist in covering costs associated with enrolment at an educational institution; (e) "full course load" means the maximum number of courses that an educational institution usually requires a person to complete during a period of study in his or her program of study; (f) "full time student" means a qualifying student who is en- rolled in 80% of a full course load or who qualifies to re- ceive financial assistance under subsection 3(3) or (4); (g) "period of study" means a period of study at an educational institution that is not fewer than 12 weeks in length within a period of not fewer than 15 weeks and not more than 52 consecutive weeks in length; (h) "pre-study period" means the period of time of not fewer than 3 and not more than 17 weeks immediately before a qualifying student commences a period of study during which time that student is not considered to be enrolled in a secondary or post secondary educational program; and

Short title

Definitions

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1039 (i) "program of study" means a series of periods of study, the successful completion of which, if all requirements are met, qualifies the person for a degree, diploma or certificate. 3.

(1) A person may apply to the minister for financial assistance and the minister may grant financial assistance to him or her where it is substantiated that all of the following apply (

a) the person is a qualifying student; (

b) the program of study in which the person is or intends to be enrolled leads to a diploma, certificate or degree from an educational institution; (

c) the program of study in which the person is or intends to be enrolled is not fewer than 12 weeks in length within a period of 15 consecutive weeks; (

d) the program of study in which the person is or intends to be enrolled is approved by the minister; (

e) there are insufficient financial resources to meet the person’s needs as assessed by the division; (

f) the person is not in arrears on previous loans under the fed- eral Act, the Act or the Student Assistance Act; (

g) the person does not owe money with respect to a grant re- ceived by him or her under the Student Assistance Act in force immediately before the Act; and (

h) the person is eligible to receive financial assistance under the federal Act and the Act.

(2) A person who meets the criteria under subsection (1) may receive financial assistance if he or she is enrolled in at least 80% of a full course load for his or her period of study.

(3) Notwithstanding subsection (2), a person who meets the criteria under subsection (1) who is enrolled in at least 60% of a full course load for his or her period of study may receive financial assis- tance where upon application to the division, it is demonstrated that he or she Financial assistance eligibility

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1040 (

a) is enrolled in at least one university credit course having laboratory time in addition to classroom time and is a single parent with a child under the age of 12 years; (

b) is a single parent of a child who has special needs and is under the age of 12 years; (

c) is a single parent of a child under the age of 12 years and has personal circumstances that the division considers merits special consideration; or (

d) has a personal circumstance that in the opinion of the min- ister merit special consideration.

(4) Notwithstanding subsection (2), a person who meets the criteria under subsection (1) and is enrolled in at least 40% of a full course load may receive financial a ssistance where upon application to the division, it is demonstrated that he or she has a functional limitation caused by a physical or mental impairment that restricts his or her abil- ity to perform the daily activities that are necessary to participate in a full course load and which is expected to remain with that person for his or her expected life. 4.

(1) A person who may receive financial assistance under these regulations shall maintain that eligibility where he or she (

a) successfully completes 80% of a full course load during a period of study; and (

b) is eligible for financial assistance under subsection 3(3) or (4), successfully completes all courses in which he or she is registered during the period of study.

(2) A person who does not comply with subsection (1) shall be placed on probation in the manner th at the minister may direct and where it is determined that the requirements of that probation have not been met, that person shall not be eligible for financial assistance for at least 12 months after the end of the period of study referred to in para- graph (1)(b).

(3) Where, upon the expiration of the 12 months referred to in subsection (2), the person does not comply with subsection (1), he or Maintaining and duration of eligibil- ity

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1041 she is not eligible for financial assistance for at least an additional 36 months.

(4) Notwithstanding another provision of these regulations, the minister may, due to the nature of the person’s program of studies, limit the duration for which he or she may receive financial assistance.

(5) A person who qualifies for financial assistance under the Act may receive that financial assistance, for the scheduled length of his or her program of studies plus one additional period of study.

(6) For the purpose of subsection (5), the additional period of study shall be not fewer than 6 weeks and not more than 52 weeks in length as determined by criteria that the minister may establish in ac- cordance with the overall length of the student’s program of study. 5.

(1) A person who changes his or her program of studies may maintain his or her eligibility for financial assistance where that change occurs before (

a) the start of his or her fifth semester in that program, or (

b) the mid point of that program, whichever occurs first.

(2) Where a person changes his or her program of study after the time referred to in subsection (1) that person may maintain his or her eligibility for financial assistance if, upon application, the minister de- termines that the new program is an academic progression or has good labour market prospects and does not leave that person with an unman- ageable amount of financial assistance debt. 6. A person enrolled in a program of study that requires one or more mandatory work terms shall continue to be considered to be a full time student during those work terms if the educational institution that offers that program of study considers that person to be a full time stu- dent. 7.

(1) In order to be considered to receive a certificate of eligibility for financial assistance, a person who is a qualifying student must apply to the minister by submitting an ap plication for that certificate to the Program change Work terms Application

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1042 minister in the form, at the place, with the necessary information and within the time that the minister may require.

(2) Notwithstanding subsection (1), the minister may extend the time by which an application for a ce rtificate of eligibility is to be sub- mitted for a period of study but an application shall not be accepted after the end date for that period of study.

(3) An application for a certificate of eligibility that does not contain the documentation and information required by the minister shall not be processed. 8.

(1) A person shall be considered to be an independent student for the purposes of an application fo r a certificate of eligibility where one or more of the following apply: (

a) his or her parents are deceased and there is no other parent, guardian, sponsor or other supporting relative; (

b) he or she has been working for 2 or more periods of 12 con- secutive months each; (

c) he or she has been out of high school for 4 or more years; (

d) he or she is a divorced student without children; and (

f) he or she has been a voluntary participant in the extended Youth Care Program of the Department of Human Re- sources and Employment.

(2) A person shall be considered to be a single parent student where he or she is not married and has legal custody of and financial responsibility for supporting his or her child.

(3) For the purpose of these regulations, a person shall be con- sidered to be a married student wh ere one or more of the following apply: (

a) he or she is cohabiting with and has cohabited with another person in a conjugal relationship for at least 12 consecutive months or has filed his or her most recent income tax return as that person’s common law partner; Student category

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1043 (

b) he or she is married; and (

c) he or she is cohabiting in a conjugal relationship with an- other person and during that relationship he or she and that other person became the natural or adoptive parents of a child.

(4) Where subsections (1) to (3) do not apply to a person, that person shall be considered to be a dependent student and the income of his or her parents or guardians shall be considered for determining fi- nancial need under these regulations. 9.

(1) A dependent student shall be considered to be a resident of the province where his or her parents or parent, where one parent is deceased, with whom he or she resides, have lived in the province for at least 12 consecutive months immediately before the start of the pro- gram to which the certificate of eligibility applies.

(2) Where a dependent student’s parents are divorced or sepa- rated that student’s place of residence shall be (

a) the province of residence of the parent with whom that stu- dent normally lives; or (

b) the province of residence of the parent who provides the principle financial support for that student where that student does not reside with either of his or her parents.

(3) Where a dependent student’s parents move to another prov- ince or territory of Canada and that student remains in the province to begin or continue studies at an educational institution in the province not more than 12 months after his or her parent’s move, the province shall be that student’s residence.

(4) Where a dependent student’s parents reside outside of Can- ada and that student remains in the province to begin or continue stud- ies at an educational institution in the province, the residence of that student is the province or territory of residence of his or her parents for at least 12 consecutive months before leaving Canada.

(5) An independent student who has lived in the province for 12 or more consecutive months while not a student, immediately before the start of the program to which a certificate of eligibility to receive Residency

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1044 financial assistance applies shall be considered to be a resident of the province.

(6) A married student shall be considered to be a resident of the province where the person with whom he or she has been cohabiting in accordance with subsection 8(3) has been employed full time in the province for 12 or more months immediately before the start of the program to which a certificate of elig ibility applies to receive financial assistance.

(7) A single parent who has lived in the province for 12 or more consecutive months immediately before the start of a program to which a certificate of eligibility applies, excluding time spent as a full time student at a post secondary institution, shall be considered to be a resi- dent of this province.

(8) Where a student becomes a resident of the province as a result of marriage and subsequently becomes a single parent as a result of divorce or the death of his or her spouse, that student shall be con- sidered to be a resident of the province for the purpose of receiving financial assistance until residency is established outside the province. 10.

(1) The minister shall assess the need of a person who applies for a certificate of eligibility to receive financial assistance.

(2) For the purposes of these regulations, need shall be consid- ered to be the amount by which a person’s educational and living ex- penses as assessed by the minister exceeds his or her financial re- sources.

(3) The determination of need shall be used to assess the amount of financial assistance that a person is eligible to receive for a period of study.

(4) The minister shall establish the (

a) educational and living expenses; and (

b) student, parent and spousal resources, that will be used to determine a person’s need. Need assessment

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1045 11.

(1) In order to assess the need of a dependent student, both par- ents of that student, including parents who are separated or divorced, shall provide with that student’s application for a certificate of eligibil- ity for financial assistance, the financial information that the minister may require.

(2) Notwithstanding subsection (1), the minister may, where circumstances warrant it, require the financial information of one par- ent only. 12.

(1) A person’s earnings during a pre-study period shall be in- cluded as a resource in the calculation of need under these regulations.

(2) The resource contributed by a person’s earnings shall be calculated in accordance with the following formula: C = [(GI - PD) - LA] x 80% where C is the contribution used as a resource to calculate need; GI is the gross income for the pre study employment period; PD is the total deduction from pay that is permitted by the min- ister; and LA is the weekly living allowance as determined by the minis- ter.

(3) Upon the commencement of a period of study, a person shall provide to the minister, in the form, at the place and by the date that the minister may require, a confirmation of earnings for the pre-study pe- riod.

(4) The minister may establish a minimum amount of contribu- tion from a person for a pre-study period that will be assessed as a re- source for the purpose of these regulations. 13.

(1) Where a person receives income during a period of study, that income shall be included as a resource in the calculation of need. Parental contribu- tion Pre-study contribu- tion Study period contri- bution

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1046

(2) Before August 1, 2003, the resource contribution of a quali- fying student’s income under this

section shall be calculated by the following formula: C = (I - D - AA) x 50% where C is the contribution used as a resource to calculate that stu- dent’s need; I is the gross income for the study period; D is the total amount of deduction from pay that is permitted by the minister; and AA is the annual income allowance that is established by the minister.

(3) After August 1, 2003, the resource contribution of a quali- fying student’s income under this

section shall be calculated by the following formula: C = (I - D - AA) x 100% where C is the contribution used as a resource to calculate that stu- dent’s need; I is the gross income for the study period; D is the total amount of deduction from pay that is permitted by the minister; and AA is the annual income allowance that is established by the minister. 14.

(1) The minister may reassess an application for financial assis- tance where Reassessment

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1047 (

a) information is made available to the minister that differs from the information provided with respect to a previous or current application of that person; (

b) an audit of the application reveals to the minister informa- tion that differs from the information provided with respect to a previous or current application of that person.

(2) Where a person’s eligibility for financial assistance is reas- sessed with respect to a current peri od of study and that reassessment reveals that he or she is entitled to more financial assistance, another certificate of eligibility may be issued for that additional financial as- sistance before a date that the minister may establish. 15. Where, as a result of a reassessment it is determined that a per- son has received more financial assistance than that to which he or she was entitled, that overaward shall (

a) be deducted from that person’s future entitlements to finan- cial assistance; or (

b) where a person has commenced repayment, be repaid by that person in accordance with the repayment plan applicable to him or her for financial assistance that has been received. 16.

(1) Where a person has received financial assistance and is pres- ently attending a full time period of study for which he or she is not receiving financial assistance, he or she shall notify the lender and the service provider of that financial assistance of his or her full time atten- dance in a program of study at an educational institution.

(2) A notice to a lender and a se rvice provider under subsection (1) shall be provided at a time and in a form acceptable to the lender or service provider. 17.

(1) A certificate of eligibility for financial assistance shall not be issued to a person until full time enrolment in a program of study in accordance with

section 3 is confir med by the educational institution attended by that person.

(2) A certificate of eligibility shall include a statement that Overaward Term without assistance Certificate of eligi- bility

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1048 (

a) the person named on the certificate qualifies for the issuance of that certificate under the Ac t and these regulations as a full time student; (

b) on signing the consent and the certification portion of the certificate of eligibility, the student authorizes the designated educational institution attended by the student to forward to the lender or service provider any refund of fees that have been paid with the proceeds of financial assistance author- ized by that certificate for cr edit against financial assistance received under the Act by that student from the lender or service provider; and (

c) on signing the consent and certification portion of the cer- tificate of eligibility, the student ratifies financial assistance made by way of loans to that student while he or she is a mi- nor.

(3) A certificate of eligibility shall not be issued to a person after the end date of the period of study to which that certificate ap- plies.

(4) The minister shall establish an end date for periods of study for which financial assistance may be provided under the Act.

(5) An educational institution shall provide to the division suffi- cient information with respect to its programs of study to permit the minister to establish an end date. 18.

(1) The minister shall appoint a student assistance appeal board consisting of a panel of not fewer than 6 and not more than 9 persons of whom (

a) one shall be a representative from Memorial University of Newfoundland; (

b) two shall be students attending educational institutions in the province; (

c) one shall be an employee of the government of the province; (

d) one shall be a representative from the College of the North Atlantic established under the College Act, 1996; and Appeal board

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1049 (

e) one shall be a representative from a private educational in- stitution in the province.

(2) The minister shall appoint one person from among those appointed under subsection (1) to be the chairperson of the board.

(3) A person appointed under subsections (1) and (2) shall be appointed for a term of 3 years.

(4) Notwithstanding subsection (3), of the members of the board first appointed under these regulations (

a) one shall be appointed for a term of one year; (b) 2 shall be appointed for a term of 2 years; and (

c) the remainder of the members shall be appointed for a term of 3 years, and each member is eligible for reappointment.

(5) A person appointed to the board under this

section is eligible for reappointment for a 3 year term and shall not serve as a member of the board for more than 2 consecutive terms.

(6) Notwithstanding subsections (3) to (5) a member of the board shall continue to be a member until he or she is replaced.

(7) Where a vacancy occurs in the membership of the board panel, the minister shall appoint a person to replace that member and that person shall be a member of the board for the remainder of the unexpired term of the person he or she is replacing.

(8) The members of the board shall serve without remuneration but a member shall be paid expenses in accordance with a scale of al- lowable expenses that the minister has approved. 19.

(1) A person aggrieved of a decision with respect to the amount of financial assistance for which he or she is eligible, may apply to the minister in writing, for a review of that decision. Financial assistance review and appeal

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1050

(2) An application made under subsection (1) shall be reviewed not more than 14 days after its receipt and the applicant shall immedi- ately be notified, in writing, of the decision. 20.

(1) A person may, in writing, appeal a decision made under sub-

section 19(2) to the board.

(2) The board shall hear and consider an appeal made under subsection (1) not more than 6 weeks after its receipt of the appeal and shall notify the appellant in accordance with subsection 12(3) of the Act. 21.

(1) An application for review under

section 19 shall be made not fewer than 8 weeks before the end date of the period of study to which financial assistance being reviewed relates.

(2) An appeal made under

section 20 shall be made not fewer than 6 weeks before the end date of the period of study to which the financial assistance being appealed relates. 22.

(1) A person aggrieved of a decision with respect to a matter referred to in

section 12 of the Act, other than a matter that may be re- viewed or appealed under

section 19 or 20, may apply to the division, in writing, for a review of that deci sion not more than one year after receiving the decision for which that review is requested.

(2) An application submitted under subsection (1) shall be re- viewed and a decision, in writing, shall be provided to the applicant. 23. A person may, not more than 30 days after receiving a decision under subsection 22(2), appeal that decision, in writing, to the board. 24. A decision referred to in subsection 22(1) or

section 23 shall be considered to have been received by a person 5 days after that decision has been mailed to him or her by the division unless the contrary is proved 25.

(1) A decision of the board shall be made by a majority vote of members present at the meeting in which the decision is made.

(2) A majority of the board is a quorum and the chairperson of the board has an equal vote with the other members Financial assistance appeal Time limitation Additional review and appeal Appeal to board Deemed receipt Board decision

Student Financial Assistance Administration Regulation 106/03 The Newfoundland and Labrador Gazette September 12, 2003 1051

(3) A person who makes an appeal to the board has the right to be (

a) present; (

b) present with representation; or (

c) represented by a person of his or her choosing, at the hearing of the matter under appeal.

(4) The board may seek and utilize the expertise and assistance of persons who are not on the board or employed with the division in order to make a decision on a matter.

(5) The board shall provide a decision to the appellant in accor- dance with subsection 12(3) of the Act.

(6) A decision of the board shall be limited to the requirements of the Act, regulations made under the Act and policies and procedures of the department and the division with respect to matters to which the Act applies.

(7) A decision of the board is final. 26. Where a borrower owes money to the government of the prov- ince, under subrogation or otherwise on account of financial assistance received by the borrower, that borrower shall pay the following charges (a) $35 for a dishonoured cheque provided to the division; (b) $15 for a late payment where the borrower has entered into a repayment arrangement; and (

c) an amount paid by the government of the province to a lender to obtain financial assistance documentation with re- spect to the borrower who received that financial assistance. 27. These regulations shall be considered to have come into force on August 1, 2002. ©Earl G. Tucker, Queen's Printer Fees and charges Commencement

The Newfoundland and Labrador Gazette September 12, 2003 1053 Correction Notice September 12, 2003) The Royalty Regulations , Newfoundland and Labrador Regulation 71/03, published under the Petroleum and Natural Gas Act on July 18, 2003 page 653 is corrected in subsection 81(13) by deleting the reference “subsection (3)” and by substituting the reference “subsection (2)”. An incorrect reference was inadvertently included in the original publication.

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 1055 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 4 7 8 C o r p o r a t i o n s A c t — N o t i c e s ........................................................................... 4 4 9 M i n e r a l A c t — N o t i c e................................................................................ 4 4 3 Quieting of Titles Act — Notice ........................................................................ 4 4 7 T r u s t e e A c t — N o t i c e s................................................................................ 4 4 6 U r b a n a n d R u r a l P l a n n i n g A c t — N o t i c e s ................................................................. 4 4 5

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

Environmental Protection Act Heating Oil Storage Tank NLR 103/03 Amends Sept 12/03, p.1017 System Regulations, 2003 (Amdt) NLR 60/03 S. 2 Amdt S. 4.1 Added Ss. 5, 11, 12, 13 15, 17, 19, 20 & 22 Amdt Fire Prevention Act Fire Prevention Regulations (Amdt) NLR 104/03 Amends Sept 12/03, p. 1023 CNLR 9/96 S. 2 Amdt Petroleum and Natural Gas Act Royalty Regulations Correcti on NLR 71/03 Sept 12/03, p.1053 Notice Student Financial Assistance Act Student Financial Assistance NLR 105/03 New Sept 12/03, p.1025 Regulations Student Financial Assistance NLR 106/03 New Sept 12/03, p.1037 Administration Regulations

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 12, 2003 1056 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen's Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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