THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, WEDNESDAY, JUNE 1, 2016 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 24/16 NLR 25/16 NLR 26/16 NLR 27/16

NEWFOUNDLAND AND LABRADOR REGULATION 24/16 Public Pools Regulations (Amendment) under the Health and Community Services Act (Filed June 1, 2016) Under the authority of

section 11 of the Health and Community Services Act, I make the following regulations. Dated at St. John’s, May 31, 2016. Dr. John Haggie Minister of Health and Community Services REGULATIONS Analysis 1. S.16 Amdt. Safety 1. (1) Subsection 16(4) of the Public Pools Regulations is r e- pealed and the following substituted:

(4) Where there is only one lifeguard on duty on the deck, an owner and an operator of a Class A pool shall ensure that there are, elsewhere on the premises and within call, one or more additional pe r- sons 16 years of age or more who are currently trained in Emergency First Aid and CPR and who are aware of the emergency and opera tion- al procedures for the pool. CNLR 1023/96 as amended Extraordinary Gazette 3 June 1, 2016

Public Pools Regulations (Amendment) 24/16 (2) Subsection 16(6) of the regulations is repealed and the following substituted:

(6) A lifeguard shall be 16 years of age or older. (3) Subsection 16(8) of the regulations is repealed and the following substituted:

(8) For the purpose of this

section a current lifeguard certificate means (

a) a valid lifeguard certificate issued by the Royal Life Saving Society or the Canadian Red Cross; and (

b) either (

i) a valid Standard First Aid and CPR Certificate, or (ii) another equivalent program approved by the minister. (4) Subsection 16(9) of the regulations is repealed. (5) Subsection 16(10) of the regulations is repealed and the following substituted:

(10) For the purpose of this

section a current assistant lifeguard certificate means (

a) a valid assistant lifeguard certificate issued by the Royal Life Saving Society or the Canadian Red Cross; and (

b) either (

i) a valid Standard Fir st Aid and CPR Certificate, or (ii) another equivalent program approved by the minister. (6) Subsection 16(11) of the regulations is repealed. (7) Subsection 16(12) of the regulations is repealed and the following substituted: Extraordinary Gazette 4 June 1, 2016

Public Pools Regulations (Amendment) 24/16

(12) For the purpose of this

section a Standard First Aid and CPR Certificate means a certificate issued by (

a) the Canadian Red Cross; (

b) St. John Ambulance; (

c) the Royal Life Saving Society; or (

d) an equivalent certificate or program approved by the mini s- ter. (8) Subsection 16(18) of the regulations is repealed and the following substituted:

(18) An owner and an operator shall ensure that there is an ident i- fiable room or area for the sole purpose of emergency care and this area shall contain (

a) a spine board with a head immobilization device, working straps or a device designed for securely transporting a person who has incurred a head, neck or spinal injury; (

b) a fully stocked #3 first aid kit in accordance with

Schedule D to the Occupational Health and Safety First Aid Regul a- tions; and (

c) splints for treating musculoskeletal injuries. (9) Subsection 16(19) of the regulations is repealed and the following substituted:

(19) A Class A pool, other than a pool installed at a campground or day camp, shall be equipped with (

a) where the pool area is greater than 150 square metres, but not greater than 230 square metres, at least one control st a- tion that is restricted to the exclusive use of lifeguards and assistant lifeguards; and (

b) where the pool area is greater than 230 square metres, at least 2 control stations that are restricted to the exclusive use of lifeguards and assistant lifeguards. Extraordinary Gazette 5 June 1, 2016

Public Pools Regulations (Amendment) 24/16

(10) Section 16 of the regulations is amended by adding i m- mediately after subsection (19) the following:

(20) In this section, "control station" means an elevated platform or chair which is (

a) at least 1.8 metres above the water surface of the pool; (

b) located at the side of the pool to provide an unobstructed view of the bottom of the pool; and (

c) securely positioned while in use. ©Queen's Printer Extraordinary Gazette 6 June 1, 2016

NEWFOUNDLAND AND LABRADOR REGULATION 25/16 Income and Employment Support Regulations (Amendment) under the Income and Employment Support Act (O.C. 2016-070) (Filed June 1, 2016) Under the authority of

section 52 of the Income and Employment Support Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 31, 2016. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1. S.19 Amdt. Other income support 2. Commencement 1. Paragraphs 19(1)(

a) and (

b) of the Income and Employment Support Regulations are repealed and the following substituted: (

a) a fuel supplement for an applicant or recipient maintaining a residence in Labrador, up to a maximum of $132, where the cost of heat is not included in the amount of rent; NLR 144/04 as amended Extraordinary Gazette 7 June 1, 2016

Income and Employment Support Regulations (Amendment) 25/16 (

b) a fuel supplement for an applicant or recipient maintaining a residence on the island portion of the province, up to a max- imum of $71, where the cost of heat is not included in the amount of rent; 2. These regulations come into force on June 1, 2016. ©Queen's Printer Commencement Extraordinary Gazette 8 June 1, 2016

NEWFOUNDLAND AND LABRADOR REGULATION 26/16 Public Trustee Compensation Regulations (Amendment) under the Public Trustee Act, 2009 (O.C. 2016-074) (Filed June 1, 2016) Under the authority of

section 23 of the Public Trustee Act, 2009, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 31, 2016. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1. Sch. Amdt. 2. Commencement 1. The

Schedule to the Public Trustee Compensation Regul a- tions is repealed and the following substituted: NLR 86/13 Extraordinary Gazette 9 June 1, 2016

Public Trustee Compensation Regulations (Amendment) 26/16

Schedule Column A Column B Column C Column D Duty or Service Payable by When Payable Fee Life Insurance Act receipt of money paid into court on behalf of a minor under

section 52 estate on receipt of funds by the public trustee $250 Plus estate semi-annually and on payout 8% of interest or income received Trustee Act receipt of money paid into court under

section 48 estate on receipt of funds by the public trustee $250 Plus estate semi-annually and on payout 8% of interest or income earned Public Trustee Act, 2009

i) continuing trusts trust semi-annually and on payout 0.4% of average market value of assets under admin- istration ii) administration or probate of the es- tate of a deceased person estate on receipt of funds by the public trustee 8% of capital assets received Plus estate on receipt of funds by the public trustee 8% commission on sale proceeds of real property Plus estate on receipt of funds by the public trustee 10% commission on sale proceeds of chattels Plus estate semi-annually and on payout 8% of interest or income received person re- questing deed prior to release of deed $250 minimum fee where it is requested and proper to execute a deed with no other duties Extraordinary Gazette 10 June 1, 2016

Public Trustee Compensation Regulations (Amendment) 26/16 Column A Column B Column C Column D Duty or Service Payable by When Payable Fee iii) guardianship of the estate of a mi- nor, mentally in- competent person or missing person estate on receipt of funds by the public trustee 5% of capital assets received Plus estate on receipt of funds by the public trustee 5% commission on sale proceeds of real property Plus estate on receipt of funds by the public trustee 10% commission on sale proceeds of chattels Plus estate semi-annually and on payout 5% of interest or income received iv) acting under power of attorney estate on receipt of funds by the public trustee 8% of capital assets received Plus estate on receipt of funds by the public trustee 8% commission on sale proceeds of real property Plus estate on receipt of funds by the public trustee 10% commission on sale proceeds of chattels Plus estate semi-annually and on payout 8% of interest or income received 2.

These regulations come into force on June 1, 2016. ©Queen's Printer Commencement Extraordinary Gazette 11 June 1, 2016

NEWFOUNDLAND AND LABRADOR REGULATION 27/16 Student Financial Assistance Regulations (Amendment) under the Student Financial Assistance Act (O.C. 2016-0173) (Filed June 1, 2016) Under the authority of

section 16 of the Student Financial Assi s- tance Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, May 31, 2016. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1. S.4 R&S Amount of financial assistance

Section 4 of the Student Financial Assistance Regulations is repealed and the following substituted: 4.

(1) Financial assistance shall not be issued in an amount that is less than $67. NLR 105/03 as amended Amount of financial assistance Extraordinary Gazette 13 June 1, 2016

Student Financial Assistance Regulations (Amendment) 27/16

(2) For the year commencing August 1, 2015 and ending July 31, 2016, financial assistance issued to a qualifying student shall be issued in the manner and amounts as follows: (

a) an amount of not more than $140 per week of a period of study in a non repayable grant; or (

b) where the qualifying student is enrolled in medical school at Memorial University of Newfoundland, an amount of not more than $200 per week of a period of study in a non r e- payable grant.

(3) Notwithstanding subsection (2), where a qualifying student is enrolled in a program of study outside the province, financial assi s- tance issued to the qualifying student for the period referred to in su b- section (2) shall be issued first in an amount of not more than $60 per week of a period of study in student loan and second in an amount of not more than $80 per week of a period of study in a non repayable grant unless the minister determines that (

a) the qualifying student’s program of study is not offered in the province; (

b) the qualifying student is enrolled in graduate studies; (

c) the qualifying student’s program of study differs substa ntial- ly from any program of study offered in the province; (

d) the qualifying student does not meet the minimum entry requirement for his or her program of study in the province but meets the requirements for substantially the same pr o- gram outside the province; (

e) the qualifying student 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 qualifying student received transfer credits toward a d- vanced standing into his or her program of study, resulting in a reduced length of time for that program; Extraordinary Gazette 14 June 1, 2016

Student Financial Assistance Regulations (Amendment) 27/16 (

g) the qualifying student’s partner has undertaken studies ou t- side the province and he or she meets a requirement under one or more of paragraphs (

a) to (f); or (

h) there is another reason that the minister considers to be a p- propriate.

(4) Commencing August 1, 2016, financial assistance issued to a qualifying student shall be issued in the manner and amounts as fo l- lows: (

a) first, an amount of not more than $40 per week of a period of study in student loan; and (

b) second, (

i) an amount of not more than $100 per week of a period of study in a non repayable grant, or (ii) where the qualifying student is enrolled in medical school at Memorial University of Newfoundland, an amount of not more than $125 per week of a period of study in a non repayable grant; and (

c) third, where the qualifying student is enrolled in medical school at Memorial University of Newfoundland, a further amount of not more than $35 per week of a period of study in student loan.

(5) Notwithstanding subsection (4), where a qualifying student is enrolled in a program of study outside the province, financial assi s- tance issued to the qualifying student shall be issued in an amount of not more than $140 per week of a period of study in student loan unless the minister determines that (

a) the qualifying student’s program of study is not offered in the province; (

b) the qualifying student is enrolled in graduate studies; (

c) the qualifying student’s program of study differs substa ntial- ly from any program of study offered in the province; Extraordinary Gazette 15 June 1, 2016

Student Financial Assistance Regulations (Amendment) 27/16 (

d) the qualifying student does not meet the minimum entry requirement for his or her program of study in the province but meets the requirements for substantially the same pr o- gram outside the province; (

e) the qualifying student 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 qualifying student received transfer credits toward a d- vanced standing into his or her program of study, resulting in a reduced length of time for that program; (

g) the qualifying student’s partner has undertaken studies ou t- side the province and he or she meets a requirement under one or more of paragraphs (

a) to (f); or (

h) there is another reason that the minister considers to be a p- propriate. ©Queen's Printer Extraordinary Gazette 16 June 1, 2016

17 ST. JOHN'S WEDNESDAY, JUNE 1, 2016 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Health and Community Services Act Public Pools Regulations NLR 24/16 Amends June 1/16 p. 3 (Amendment) CNLR 1023/96 S.16 Amdt Income and Employment Support Act Income and Employment NLR 25/16 Amends June 1/16 p. 7 Support Regulations NLR 144/04 (Amendment) S.19 Amdt Public Trustee Act, 2009 Public Trustee NLR 26/16 Amends June 1/16 p. 9 Compensation Regulations NLR 86/13 (Amendment) Sch. Amdt.

Student Financial Assistance Act Student Financial NLR 27/16 Amends June 1/16 p. 13 Assistance Regulations NLR 105/03 (Amendment) S.4 R & S