Newfoundland and Labrador Gazette, Part I — 25 May 2012, Vol. 87, No. 21 — Lands Act Notice

NLG 2012-05-25

Newfoundland and Labrador — Gazette

199 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, FRIDAY, MAY 25, 2012 No. 21 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF CONCEPTION BAY SOUTH TRAFFIC REGULATIONS TAKE NOTICE that the TOWN COUNCIL OF CONCEPTION BAY SOUTH at its April 3 rd, 2012 regular meeting amended its Traffic Regulations as follows: Increasing the fine in

Schedule A,

Section 4 (a)(xx) Parking in Area for Disabled Persons from $75 to $400. This Amendment to the TOWN OF CONCEPTION BAY SOUTH Traffic Regulations came into effect on April 3 rd, 2012. Anyone who wishes to inspect a copy of the TOWN OF CONCEPTION BAY SOUTH Traffic Regulations as amended may do so at the Conception Bay South Town Hall during normal business hours. TOWN OF CONCEPTION BAY SOUTH Keith Arns, Chief Administrative Officer/Town Clerk May 25 NOTICE OF REGISTRATION TOWN OF PORTUGAL COVE-ST. PHILIP’S DEVELOPMENT REGULATIONS AMENDMENT No. 44, 2012 TAKE NOTICE that the TOWN OF PORTUGAL COVE- ST.

PHILIP’S Development Regulations Amendment No. 44, 2012, adopted on the 13th day of March, 2012, has been registered by the Minister of Municipal Affairs. In general terms, the purpose of Development Regulations Amendment No. 44, 2012 is to accommodate a twenty- seven (27) fully-serviced residential subdivision off White Ash Drive where it intersects with Dogberry Hill Road Extension (Civic #26 White As h Drive). This amendment rezones a portion of land from Development Scheme Area 12 to Residential Medium Density.

Development Regulations Amendment No. 44, 2012 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 Devel opment Regulations Amendment No. 44, 2012 may do so at the Town Office (see address below) during normal working hours.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 25, 2012 200 For more information, please contact the Town Of Portugal Cove-St. Philip’s, 1119 Thorburn Road, Portugal Cove St. Philip’s NL A1M 1T6 Tel: (709) 895-8000 (ext. 225) Fax: (709) 895-3780, Email: les.spurrell@pcsp.ca or visit our website www.pcsp.ca TOWN OF PORTUGAL COVE-ST. PHILIP’S Sheri Blackmore, Administrative Support Clerk May 25 LANDS ACT NOTICE OF INTENT Lands Act, c36, SNL 1991, as amended NOTICE IS HEREBY given that CAPITAL READY MIX of St. John's, NL intends to apply to the Department of Environment and Conservation, two months from the publication of this notice to acquire, pursuant to

Section 7(2){

a) of the said Act, all that piece or parcel of Crown land situated within fifteen (15) meters reservation of a stream close to Little Soldiers Pond in the electoral district of Conception Bay South for the purpose of a road. The land is described as follows: Bounded on the North by Crown Land for a distance of 20 metres; Bounded on the East by a Stream Reservation for a distance of 70 metres; Bounded on the South by Crown Land for a distance of 20 metres; Bounded on the West by a Stream Reservation for a distance of 70 metres; and containing an area of approximately 1400 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, Gander, NL, A1V 1L7. c/o Western Regional Lands Office, P.O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P.O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 For further information on the proposed application, please contact ROD MERCER, Te lephone Number: (709) 782- 3404. May 25 QUIETING OF TITLES ACT 2012 01G 2622 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER of the Quieting of Titles Act . RSNL 1990, cQ-3. AND IN THE MATTER OF all that piece or parcel of land situate and being on the western side of Vincent's Road, in the City of St.

John's, in the Province of Newfoundland and Labrador AND IN THE MATTER OF an Application of John Dyer, as Administrator D.B.N. of the Estate of JOHN DYER, Sr. and Administrator of the Es tate of NORA DYER (jointly, "JOHN AND NORA DYER"), both late of the Town of Logy Bay-Middle Cove-Outer Cove, in the Province of Newfoundland and Labrador (the "Applicant") NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT.

RSNL 1990, cQ-3, as amended NOTICE is hereby given to all parties that John Dyer, as Administrator D.B.N. of th e Estate of JOHN DYER, Sr. and Administrator of the Estate of NORA DYER, has applied to the Supreme Court of Newfoundland and Labrador, Trial Division (General), in the Judicial Centre of St. John's, to have the title to ALL THAT piece or parcel of land situate and being on the western side of Vincent's Road, in the City of St. John's, Province of Newfoundland and Labrador, Canada, and as more particularly described in

Schedule "A" hereto annexed, of which the said Applicant, as Administrator D.B.N. of the Estate of JOHN DYER, Sr. and Administrator of the Estate of NORA DYER, claims to be the owner, investigated and for a declaration that the said Applicant is the absolute owner thereof, free from those ex ceptions or qualifications contained in

Section 22(1)(

c) and (

d) of the Quieting of Titles Act. All persons having a claim advers e to this title claimed by the Applicant should file in the Registry of the Supreme Court of Newfoundland and La brador, Trial Division, Judicial Centre of St. John's, at the Court House Building, Duckworth Street, St. John’s.

Newfoundland and Labrador, Canada, A1C 5M3, particulars of such adverse claim and serve same together with an Affidavit verifying same, on the undersigned solicitors for the Applicant on or before the 24th day of June, 2012, 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 subject to such conditions as the Court may deem just. All such adverse claims shall then be investigated in such manner as the said Supr eme Court may direct.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 25, 2012 201 DATED at St. John's, in the Province of Newfoundland and Labrador, this 17th day of May, 2012. COX & PALMER Solicitors for the Applicant PER: F. Richard Gosse ADDRESS FOR SERVICE: 235 Water Street Suite 1000, Scotia Centre St. John's, NL A1C 1B6 Tel: (709) 570-5347 Fax: (709) 738-7999

SCHEDULE “A” Property of John Sr. and Nora Dyer Vincent’s Road, St. John’s, NL February 15, 2012 Job No. 9488 All that piece or parcel of land, situate and being on the western side of Vincent’s Road, in the City of St.

John’s, in the Province of Newfoundland and Labrador, Canada, and being bounded and abutted as fo llows: THAT IS TO SAY, beginning at a point on the western side of Vincent’s Road, said point having coordinated N 5 275 582.498 metres and E 327 407.679 metres of the Three Degree Modified Transverse Mercator Projection NAD-83 for the Province of Newfoundland and Labrador; THENCE by property of Cabot Development Corporation Limited S 73° 47′ 20″ W for a distance of 164.202 metres; THENCE N 22° 44′ 23″ W for a distance of 46.848 metres; THENCE N 22 ° 47 ′ 35 ″ W for a distance of 51.572 metres; THENCE by lots fronting on Blue Putee Drive N 74° 07 ′ 00″ E for a distance of 48.860 metres; THENCE N 73° 31′ 00″ E for a distance of 83.820 metres; THENCE by lots fronting on Blue Putee Drive and by Cabot Development Corporation Limited N 73° 48 ′ 00 ″ E for a distance of 30.744 metres; THENCE along the western side of Vincent’s Road S 27° 45′ 34″ E for a distance of 43.522 metres; THENCE S 19° 38′ 07″ E for a distance of 55.346 metres, more or less, to the point of beginning and containing an area of 1.62 hectares, more or less.

Which land is more particularly shown on the plan hereto attached. All bearings being referred to the above mentioned projection. All linear measurements are horizontal ground distances. This description and accompanying plan, Job # 9488 of Brown & Way Surveys, form an integral part of the returns and are not separable There is a trunk sewer easement (12 metres wide) crossing the south eastern corner of the property as shown on the said attached plan. There is a storm sewer easement (6.00 metres wide) crossing the property as shown on the set attached plan. Brown & Way Surveys

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 25, 2012 202 May 25

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 25, 2012 203 2011 01 G-7677 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER of the Quieting of Titles Act, RSNL 1990, cQ-3 AND IN THE MATTER of property situate at Oliver’s Pond Road, Portugal Cove-St. Phil ip’s, in the Province of Newfoundland and Labrador, and specifically in relation to the property hereinafter referred to as “Parcel A” and being more particularly described and delineated in

Schedule “A” annexed hereto AND IN THE MATTER of the Application of AUSTIN AND JEAN TUCKER, both of Portugal Cove-St. Philip’s, in the Province of Newfoundland and Labrador, with respect of property situate at Oliver’s Pond Road, Portugal Cove-St. Philip’s, in the Province of Newfoundland and Labrador, and specifically in relation to the property hereinafter referred to as “Parcel A” and being more particularly described and delineated in

Schedule “A” annexed hereto. NOTICE OF APPLICATION under the Q uieting of Titles Act, RSNL 1990, cQ-3 Notice is hereby given to all parties that AUSTIN TUCKER AND JEAN TUCKER, of Portugal Cove-St. Philips, in the Province of Newfoundland and Labrador, have applied to the Supreme Court of Newfoundland and Labrador, Trial Division, to have the title to ALL THAT piece or parcel of land situate and being locate d at Oliver’s Pond Road, Portugal Cove-St. Philip’s, in the Province of Newfoundland and Labrador, aforesaid, and mo re particularly described and delineated in the

Schedule hereunto annexed and marked “A”, and known as Parcel “A”, of which the said AUSTIN TUCKER AND JEAN TUCKER clai m on their behalf to be the owners, investigated and for a declaration that the said AUSTIN TUCKER AND JEAN TUCK ER are the absolute owners thereof subject to the rights of those claiming through them, and the said Austin Tucker and Jean Tucker having been ordered that Notice of the said application to be published as required by the above-named Act; Further Notice is hereby given that a previous Notice of Application was published on the 4 th day of February, 2012 (the “Previous Notice of Appl ication”) in which reference was made to Parcel “A” as de scribed herein, however, the written survey description was omitted from the publication, thus giving rise to the need fo r the publication of this Notice of Application specifically referencing Parcel “A”; Further Notice is hereby given that another parcel of land which was also included in the Previous Notice of Application and described as Parcel “D” is now excluded from the Application of Austin Tucker and Jean Tucker; All persons having title adverse to the said title claimed by the said AUSTIN TUCKER AN D JEAN TUCKER shall file in the Registry of the Supreme Court of Newfoundland and Labrador at St.

John's particulars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned Solicitor for the Applicant on or before the 9 th day of June, 2012, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just. All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. Dated at St. John’s, this 9th day of May, 2012. McDONALD & HOUNSELL LAW OFFICES Solicitors for the Applicant PER: Susan C.

Hounsell ADDRESS FOR SERVICE: 74 O'Leary Avenue St. John's, NL A1B 2C7 Tel: (709) 726-9818 Fax: (709) 726-9849

SCHEDULE “A” Boundary Description – Parcel “A” Reserved Road leading to Ol ivers Pond Road in The TOWN of Portugal Cove-St.

Philip's, in the Province of Newfoundland and Labrador, Canada, BEGINNING at a point, said point having the following NAD83 coordinates in Zone 1 of the Transverse Mercator Projection as modified for the Province of Newfoundland and Labrador; N 5 272 012.498 metres E 316 961.266 metres THENCE: running along land of now or formerly Robert King N 30° 02'30'' W for a distance of 62.427 metres; THENCE running along land or now or formerly Alfred Tucker, a Right of Way and land of Walter and Susanna Tucker, surveyed by Richard G.

King Surveys Ltd., Job # 08061802, dated June 30, 2008, N 30°26'12" W for a distance of 90.015 metres; THENCE running by a Reserved Road being 20.12 metres wide and land of Geogina King N 28°59' 51" W for a distance of 26.535 metres; THENCE running. along land of Charles and E. Puglisevich N 60°48' 29" E for, a distance or 76,500 metrcs; THENCE running along land of Frederick Squires N 61°36'38"E for a distance of 142,016 metres; THENCE running along land of Keith Wellon and land of Angus and Jacqueline Fleming S 30°57'05" E for a distance of 193.171 metres, more or less, to the Point of Beginning;

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 25, 2012 204 All bearings are Grid North NAD83 in Zone 1 of the Transverse Mercator Projection as modified for the Province of Newfoundland and Labrador; The above described piece or par cel of land contains an area of 4.100 hectares, more or le ss, and is more particularly shown on the drawing hereto attached dated 2009 08 07.

This description and accompanying plan are integral parts necessary to adequately refl ect the legal boundary of the subject property and therefor invalid if separated, Alan Carew, Newfoundland Land Surveyor, 2009 Unauthorized use, alteration or reproduction of this survey document is prohibited by law as defined by the “ Copyright Act" The authoring surveyor hereby authorizes the reproduction of this survey docu ment for matters related to the herein-defined intended purpose only. Any further use is strictly prohibited, Note: There is a Newfoundland Land Surveyor’s Report May 25

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 25, 2012 205 CHANGE OF NAME ACT, 2009 May 25

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, FRIDAY, MAY 25, 2012 No. 21 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 47/12 NLR 48/12

The Newfoundland and Labrador Gazette May 25, 2012 687 NEWFOUNDLAND AND LABRADOR REGULATION 47/12 Revenue Administration Regulations (Amendment) under the Revenue Administration Act (O.C. 2012-112) (Filed May 22, 2012) Under the authority of

section 107 of the Revenue Administration Act, the Lieutenant-Governor in Council makes the following regula- tions. Dated at St. John’s, May 22, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Interpretation 2.

Part V.1 Added

PART V.1 RESIDENTIAL ENERGY REBATE 23.1 Application 23.2 Eligible product point of sale rebate 23.3 Invoice or receipt 23.4 Return and reimbursement of supplier 23.5 Supplier's books and records 23.6 Rebate application 23.7 Minister shall pay or credit rebate 23.8 Other rebate eligibility 3. Commencement

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 688 1. (1) Subsection 2(1) of the Revenue Administration Regula- tions is amended by adding immedia tely after paragraph (

j) the following: (j.1) "commercial property" means all real property other than residential property; (2) Subsection 2(1) of the regul ations is amended by adding immediately after paragraph (

m) the following: (m.1) "electricity cost" means a base charge, demand side man- agement charge, and a charge fo r the amount of electric cur- rent actually used, and does not include a charge for a ser- vice related to providing an el ectric current, or any of the following: (

i) an after-hour charge, (ii) a collection visit charge, (iii) a connect charge, (iv) a seasonal discount fee, (

v) a street light charge, or (vi) a late payment charge; (m.2) "eligible product" means (

i) furnace oil, (ii) electricity, (iii) kerosene, (iv) stove oil, (

v) propane, where the tank capacity is more than 2 kilo- grams, (vi) firewood, and NLR 73/11

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 689 (vii) wood pellets; (m.3) "eligible product cost" means a charge for an eligible prod- uct, but does not include a charge for a service related to providing the eligible product or any of the following: (

i) an after-hour charge, (ii) a collection visit charge, (iii) a delivery charge, (iv) an equipment purchase, lease or rental charge, (

v) an equipment maintenance or insurance charge, or (vi) a late payment charge; (m.4) "eligible property" means (

i) a residential property, (ii) the residential portion of a mixed use property, or (iii) another property designated by the minister; (3) Subsection 2(1) of the regul ations is amended by adding immediately after paragraph (aa) the following: (aa.1) "mixed use property" m eans real property which has the characteristics of both commerc ial property and residential property; (4) Subsection 2(1) of the regul ations is amended by adding immediately after paragraph (nn) the following: (nn.1) "rebate", except in sec tions 17, 18, 19 and 23, means an amount equal to the provincial portion of tax collected, paid or owing under

part IX of the Excise Tax Act (Canada); (5) Subsection 2(1) of the regul ations is amended by adding immediately after paragraph (pp) the following:

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 690 (pp.1) "residential property" means real property that is used or eligible for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals and includes (

i) a living accommodation that is rented or is available for rent, and is used or is intended for use by a tenant as a residence, and (ii) buildings that are appu rtenant to the real property; (6) Subsection 2(1) of the regul ations is amended by adding immediately after paragraph (rr) the following: (rr.1) "supplier" means a registrant as defined in subsection 123(1) of the Excise Tax Act (Canada) who supplies eligible prod- ucts; 2. The regulations are amende d by adding immediately after

section 23 the following:

PART V.1 RESIDENTIAL ENERGY REBATE 23.1

(1) The Act, except Parts III to IX, and these regulations shall apply to a rebate or a reimbursement referred to in this Part as if that rebate or reimbursement were a tax referred to in the Act, except Parts III to IX, and these regulations.

(2) A supplier and an applicant for a rebate or reimbursement referred to in this Part shall, for the purpose of the Act, be considered to be a taxpayer referred to in the Act, except Parts III to IX, and these regulations. 23.2

(1) On behalf of the Crown, a supplier of an eligible product referred to in subsection (2) may credit a rebate at the point of sale to a purchaser where that eligible product is delivered to a residential prop- erty.

(2) A rebate may be credited at the point of sale on the follow- ing eligible products: (

a) furnace oil; Application Eligible product point of sale rebate

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 691 (

b) electricity; (

c) kerosene; (

d) stove oil; (

e) propane; (

f) firewood; and (

g) wood pellets.

(3) Where a purchaser is not credited a rebate on an eligible product referred to in subsection (2) at the point of sale, the purchaser may apply to the minister for a rebate in accordance with

section 23.6.

(4) Notwithstanding subsection (1), a rebate shall only be cred- ited on electricity where the invoice fo r the eligible product costs indi- cates a meter reading of October 1, 2011 or later.

(5) No rebate shall be credited under this

section for a product which is not an eligible product. 23.3 Where a rebate is credited by a supplier of an eligible product referred to in subsection 23.2(2) at the point of sale, an invoice or re- ceipt shall be provided to the purchaser which includes the following information: (

a) the name of the purchaser and the address of the eligible property; (

b) the quantity of eligible product referred to in subsection 23.2(2) sold to the purchaser; (

c) the total amount of tax charged on the eligible product cost or electricity cost; and (

d) the amount of the rebate credited by the supplier to the pur- chaser. 23.4

(1) A supplier shall file a return respecting rebates credited in accordance with

section 23.2 and the reimbursement which may be owing by the Crown to that supplier. Invoice or receipt Return and reim- bursement of supplier

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 692

(2) Notwithstanding subsection (1), the minister may order a supplier to make a return in respect of a period prescribed in the order and the supplier shall make that return within the period prescribed in the order.

(3) A return required under subsection (2) may be in addition to or instead of a return required under this

section or another

section of the regulations.

(4) The provisions of

section 4 apply, with the necessary chang- es, to a return required under this section.

(5) A return required under this

section shall (

a) be made in the form and manner prescribed by the minister; (

b) be accompanied by the other documents, material and in- formation, including verification information or consump- tion information, that the minister may require to determine the reimbursement to which the supplier may be entitled; and (

c) be received by the minister no later than 36 months after the eligible product to which it applies has been supplied.

(6) The minister shall issue a reimbursement under this

section where the return is reasonable and approved by the minister.

(7) Where the amount of a reim bursement made by the minister to a supplier under this

section is greater than the amount of the reim- bursement to which the supplier was entitled, the minister may require the supplier to pay to the minister, or the minister may deduct from any reimbursement of rebates subsequently made to the supplier, an amount equal to the difference between the entitled amount and the rebate credited. 23.5

(1) A supplier shall, in accordance with the Act and these regu- lations, keep those books and records respecting rebates credited to purchasers in accordance with the Act, and those books and records shall include the information required under

section 23.4.

(2) A supplier shall provide copies of books and records re- quired under this

section to the minister upon request. Supplier's books and records

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 693 (3) Subsections 9(1), (4) and (5) of the Act shall apply, with the necessary changes, to books and records required to be kept under this Part, and to the inspection, examination and auditing of them.

(4) A supplier shall annually disclose to the minister a list of (

a) the eligible properties for which eligible products have been purchased; and (

b) the purchasers of the eligible products referred to in para- graph (a). 23.6

(1) A purchaser may apply to the minister for a rebate on eligi- ble product cost or electricity cost in accordance with this

section where (

a) a purchaser purchases an eligible product for use in an eligi- ble property; and (

b) a supplier has not credited a rebate to a purchaser at the point of sale under

section 23.2.

(2) Notwithstanding subsection (1), a rebate shall only be paid on electricity where the invoice for the eligible product costs indicates a meter reading of October 1, 2011 or later.

(3) A rebate application shall (

a) be made in the form and manner prescribed by the minister; (

b) include the other documentation, material or information, including verification information or consumption infor- mation, which the minister may require to assess the applica- tion; and (

c) be received by the minister no later than 36 months after the date of the supply or purchase of the eligible product to which it applies.

(4) In addition to the requirements of subsection (3), where a rebate application is made respecting a mixed use property, the applica- tion shall specify the amount or proportion of energy supplied or pur- chased for commercial use in that property. Rebate application

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 694

(5) Where a rebate application is for a period of less than 12 months, the rebate amount which may be requested in the application shall be at least $50.

(6) Notwithstanding subsection (5), for one year following the coming into force of this section, the minister may, in his or her discre- tion, accept a rebate application for any amount. 23.7

(1) Where the minister receives a rebate application under sec- tion 23.6, the minister shall, on behalf of the Crown, pay or credit the amount of the rebate to the purchaser where the application is reasona- ble and is approved by the minister.

(2) No rebate shall be paid or credited under this

section for a product which is not an eligible product.

(3) Notwithstanding subsection (1), where (

a) a person has received a rebate in error or has received a re- bate while otherwise ineligible for it; or (

b) a person has received a rebate in excess of the amount to which the person was entitled that person shall pay to the minister or the minister may deduct from a rebate subsequently owing to the pe rson, the amount received in error, for which the person was ineligible or which was in excess of the amount to which the person was entitled. 23.8

(1) No rebate shall be paid or credited for an eligible product cost or electricity cost where the elig ible product is used exclusively in a commercial property. (2) Subsection (1) applies to a commercial property and a gov- ernment funded institution, including a government funded long term care home, except where an eligible product is purchased directly by (

a) a tenant as defined in the Residential Tenancies Act, 2000; or (

b) an owner as defined in the Condominium Act, 2009, Minister shall pay or credit rebate Other rebate eligi- bility

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 695 in which case that tenant or owner may make an application for a rebate on the eligible product cost or electricity cost under

section 23.6.

(3) Where a property is a mixed use property, the purchaser of an eligible product may make an application under

section 23.6 for a rebate on the eligible product cost or electricity cost (

a) where the purchaser is an HST registrant, in an amount or in the proportion not claimed by the HST registrant under the Excise Tax Act, (Canada) for commercial use of that proper- ty; or (

b) where the purchaser is not an HST registrant, in an amount or in the proportion not claimed by that purchaser under the Income Tax Act, 2000 for commercial use of that property.

(4) No rebate shall be paid or credited under

section 23.2 or

section 23.6 to the extent that a purchaser is eligible for an input tax credit or other rebate paid on energy under

Part IX of the Excise Tax Act (Canada).

(5) Notwithstanding subsection (4), where a charitable institu- tion or a non-profit organization is elig ible for tax relief paid on energy under

Part IX of the Excise Tax Act (Canada), that charitable institution or non-profit organization may be eligible for a rebate under

section 23.6 in an amount which is not otherwise recoverable.

(6) Notwithstanding subsection (1), a privately owned long term care home (

a) may be eligible for a rebate under

section 23.6; or (

b) where a privately owned long term care home is eligible for tax relief paid on energy under

Part IX of the Excise Tax Act (Canada), that privately owned long term care home may be eligible under

section 23.6 for a rebate in an amount which is not otherwise recoverable under that Act.

(7) A privately owned long term care home shall not be eligible for a rebate where an eligible product is purchased directly by (

a) a tenant as defined in the Residential Tenancies Act, 2000; or

Revenue Administration Regulations (Amendment) 47/12 The Newfoundland and Labrador Gazette May 25, 2012 696 (

b) an owner as defined in the Condominium Act, 2009, in which case that tenant or owner may make an application for a rebate on the eligible product cost or electricity cost under

section 23.6. 3. These regulations are consid ered to have come into force on September 1, 2011. ©William E. Parsons, Queen's Printer Commencement

The Newfoundland and Labrador Gazette May 25, 2012 697 NEWFOUNDLAND AND LABRADOR REGULATION 48/12 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed May 23, 2012) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules. Dated at St. John’s, May 18, 2012. Darlene Wells for Registrar of the Supreme Court Secretary, Rules Committee REGULATIONS Analysis 1. Rule 5.06 Amdt. Duration and renewal of originating document, etc. 2. Rule 15.01 R&S Adding or amending a party to a proceeding 3. Rule 15.02 R&S Amending the text of plead- ings filed with the Court 4. Rule 49.05 Amdt. Orders made by the Registrar 5. Rule 56A.10 Amdt. How to serve documents 6. Rule 56A.74 Amdt. Proceedings 7. Rule 56A.75 Amdt.

Summary judgment 8. Rule 56A.76 Amdt. Judicial case conference 9. Transitional 10. Commencement 1.

(1) Rule 5.06(1) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

Rules of the Supreme Court, 1986 (Amendment) 48/12 The Newfoundland and Labrador Gazette May 25, 2012 698 5.06.

(1) An originating document is valid for a period of 12 months from the date of issue.

(2) Rule 5.06 of the rules is amended by adding immediately after rule (1) the following:

(1.1) If a party has not been served within the period, the Regis- trar may, at any time before its expiration, renew the originating docu- ment for a period of 6 months from the date when it would otherwise expire.

(1.2) The Registrar may renew the originating document under paragraph (1.1) up to a maximum of 4 times.

(3) Rule 5.06(2) of the rule s is repealed and the following substituted:

(2) The Court may, on application, order an originating docu- ment to be renewed at any time.

(4) Rule 5.06(3) of the rule s is repealed and the following substituted:

(3) Upon the renewal of the originating document, the Registrar shall endorse the originating document, including any concurrent origi- nating document or renewal thereof, with a memorandum as follows: "Renewed for the period of ________________ from ___________" and sign and date it. Any concurrent originating document subsequent- ly issued shall be endorsed with a copy of the memorandum. 2. Rule 15.01 of the rules is repealed and the following substi- tuted: 15.01.

(1) On such terms as it thinks just and in accordance with Rule 7, the Court may at any time, on application or on its own motion, grant an amendment which: (

a) adds, substitutes or corrects the name of a party to a pro- ceeding; or (

b) alters the capacity of a party to a proceeding. Duration and renewal of originat- ing document, etc. Adding or amend- ing a party to a proceeding

Rules of the Supreme Court, 1986 (Amendment) 48/12 The Newfoundland and Labrador Gazette May 25, 2012 699

(2) A proceeding may be discontinued against a party in accord- ance with Rule 19.

(3) Notwithstanding the expiry of a relevant period of limitation, the Court may allow an amendment under paragraph (1) to rectify a mistake even if the effect of the amendment will be to add a new party if the Court is satisfied that the mistake was genuine and not misleading or such as to cause any reasonable doubt as to the identity of the party intending to bring or oppose the proceeding. 3. Rule 15.02 of the rules is repealed and the following substi- tuted: 15.02.

(1) If an amendment does not include the addition, deletion, substitution or correction of the name of a party to a proceeding, a party may amend a pleading filed by that party other than an order: (

a) once without the leave of the Court if the amendment is made not later than 20 days from the date the pleadings are deemed to be closed or 5 days before the hearing under an originating document; (

b) at any time with the written consent of all of the parties filed with the Court; or (

c) at any time with leave of the Court on such terms as it thinks just.

(2) The Court may allow an amendment notwithstanding the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of the same or substantially the same facts as the original cause of action. 4.

(1) Rule 49.05(1)(a)(ii) of the rules is repealed.

(2) Rule 49.05(1)(b)(ii) of the rules is repealed. 5. Rule 56A.10(3) of the rules is repealed and the following substituted:

(3) Notwithstanding paragraph (2), where the person to be served with a document is a manager as defined in the Children and Amending the text of pleadings filed with the Court

Rules of the Supreme Court, 1986 (Amendment) 48/12 The Newfoundland and Labrador Gazette May 25, 2012 700 Youth Care and Protection Act, the document may be served by leaving a copy with the manager. 6. Rules 56A.74(1) to (3) of th e rules are repealed and the fol- lowing substituted: 56A.74.

(1) To the extent that either the procedure or time limits or both in Rules 56A and 56C are inconsistent with the Children and Youth Care and Protection Act, the provisions of that Act shall apply.

(2) A hearing under the Children and Youth Care and Protec- tion Act shall be (

a) held as informally as the circumstances of the case permit; (

b) scheduled as expeditiously as the

schedule of the Court al- lows and as fairness to the parties and affected persons re- quires; and (

c) held in private unless the judge hearing the matter deter- mines that the proper administ ration of justice requires oth- erwise.

(3) An application for a prot ective intervention order and any other application under the Children and Youth Care and Protection Act shall be started by presenting the original and one copy of an appli- cation to the Court. 7. Rule 56A.75(1) of the rules is repealed and the following substituted: 56A.75.

(1) Upon completion of a presentation hearing as required by

section 31 of the Children and Youth Care and Protection Act and an order being made directing that a protective intervention hearing is to take place, a party may apply for a

summary judgment for a final order without a trial on all or part of an y claim made or defence to be pre- sented in the case. 8. Rule 56A.76(2) of the rules is repealed and the following substituted: Proceedings

Summary judgment

Rules of the Supreme Court, 1986 (Amendment) 48/12 The Newfoundland and Labrador Gazette May 25, 2012 701

(2) A judicial case conference sh all only occur after the conclu- sion of the presentation hearing as required by

section 31 of the Chil- dren and Youth Care and Protection Act. 9. Where an originating docu ment has been renewed one or more times before July 1, 2012, th e Registrar may renew the origi- nating document under rule 5.06(1.1) up to a maximum of 4 addi- tional times. 10. This regulation comes in to force on July 1, 2012. ©William E. Parsons, Queen's Printer Transitional Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 25, 2012 703 Index

PART I Change of Name Act, 2009 – Notice ............................................................................................. ............................................... 205 Lands Act – Notice ........................................................................................................... ........................................................... 200 Quieting of Titles Act – Notices .............................................................................................. ..................................................... 200 Urban and Rural Planning Act, 2009 – Notices .................................................................................. .......................................... 199

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. Revenue Administration Act Revenue Administration NLR 47/12 NLR 73/11 May 25/12 p. 687 Regulations (Amdt.) S.2 Amdt.

Part V.1 Added Judicature Act Rules of the Supreme NLR 48/12 Rule 5.06 Amdt. May 25/12 p. 697 Court, 1986 (Amdt.) Rule 15.01 R&S (In force July 1/12) Rule 15.02 R&S Rule 49.05 Amdt. Rule 56A.10 Amdt. Rule 56A.74 Amdt. Rule 56A.75 Amdt. Rule 56A.76 Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 25, 2012 704 The Newfoundland and Labrador Gazette is published from the office of William E. Parsons, Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PD F format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, sepa rate from covering letter. Number of inser tions required must be stated and the name s of all signing officers typewritten or printed.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2012-05-25
Type	gazette
Volume / chapter	printer gazette weekly issues 2012 nlg120525
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	dcb3ba39cd4445c491c82e97705a7701e1b968e8

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