Newfoundland and Labrador Gazette, Part I — 5 April 2012, Vol. 87, No. 14 — Collections Act Notice; Mineral Act Notice

NLG 2012-04-05

Newfoundland and Labrador — Gazette

135 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, THURSDAY, APRIL 5, 2012 No. 14 COLLECTIONS ACT NOTICE Published in accordance with

section 20 (19) of the Collections Act, R SNL 1990, cC-22, as amended: The registration of the foll owing collection agency has been cancelled: Resolve Corporation SERVICE NL Consumer Affairs Division Gerard Burke, Registrar of Collections Agencies and Collectors Apr 5 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 010541M Held by Buchans Minerals Corporation Situate near West Tally Pond, Central NL On map sheet 12A/10 Mineral License 011652M Held by Quinlan, Roland Situate near Carson Pond, Southern NL On map sheet 11P/13 Mineral License 013000M Held by Alterra Resources Inc. Situate near Coy Pond, Central NL On map sheet 02D/05 Mineral License 013001M Held by Alterra Resources Inc.

Situate near Coy Pond, Central NL On map sheet 02D/05 Mineral License 013013M Held by Search Minerals Inc. Situate near Kane Brook, Southern NL On map sheet 01M/14 Mineral License 013249M Held by Noel, E. Michele Situate near Dawsons Cove, Southern NL On map sheet 01M/05 01M/12 Mineral License 013253M Held by Ryan, Kevin Situate near Lunch Pond, Burin Peninsula On map sheet 01M/03

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 136 Mineral License 013256M Held by Altius Resources Inc. Situate near Northwest Gander River, Central NL On map sheet 02D/14 Mineral License 013259M Held by Altius Resources Inc. Situate near South of Glenwood, Central NL On map sheet 02D/15 Mineral License 013261M Held by Anaconda Mining Inc. Situate near Pumbly Point, Baie Verte Peninsula On map sheet 12H/16 Mineral License 014515M Held by Crosshair Exploration & Mining Corp. Situate near Nipishish Lake On map sheet 13K/07 Mineral License 018119M Held by Golden Do ry Resources Corp.

Situate near Great Rattling Brook, Central NL On map sheet 02D/12 02D/13 Mineral License 018120M Held by Golden Do ry Resources Corp. Situate near Great Rattling Brook, Central NL On map sheet 02D/13 Mineral License 014520M Held by Stares Prospecting Ltd. Situate near Peter Snout Area, Southern NL On map sheet 11P/13 Mineral License 018077M Held by Mercer, David Situate near Great Rattling Brook, Central NL On map sheet 02D/13 Mineral License 018078M Held by Courtney, Stephen Situate near Great Rattling Brook, Central NL On map sheet 02D/13 Mineral License 014540M Held by Golden Do ry Resources Corp.

Situate near Grand Falls, Central NL On map sheet 02D/13 Mineral License 014542M Held by Golden Do ry Resources Corp. Situate near Grand Falls, Central NL On map sheet 02D/13 A portion of license 015123M Held by Kelloway, Keith Situate near Freshwater Pond, Burin Peninsula On map sheet 01M/03 more particularly described in an application on file at Department of Natural Resources Mineral License 018554M Held by Sweetapple, Ronald Situate near Arnolds Cove, Eastern NL On map sheet 01N/13 Mineral License 018842M Held by Altius Resources Inc.

Situate near Northwest Gander River, Central NL On map sheet 02D/11 02D/14 Mineral License 015926M Held by Altius Resources Inc. Situate near Northwest Gander River, Central NL On map sheet 02D/14 Mineral License 017125M Held by Kelly-King, Mary Situate near Roti Bay, Southern NL On map sheet 01M/13 Mineral License 017143M Held by Duffitt, Alexander S. Situate near Iron Arm On map sheet 23J/09 Mineral License 017144M Held by Strong, Paul Situate near Eagle Lake On map sheet 23J/09 Mineral License 017156M Held by MAC Minerals Ltd.

Situate near Gander Lake, Central NL On map sheet 02D/16 Mineral License 018122M Held by Ryan, Kevin Situate near St. Lawrence, Burin Peninsula On map sheet 01L/14 Mineral License 018245M Held by Herron, Lori Situate near Bunyans Cove, Eastern NL On map sheet 02C/05 Mineral License 018247M Held by Herron, Lori Situate near Bunyans Cove, Eastern NL On map sheet 02C/05 Mineral License 018318M Held by Specogna, Marino Situate near St John Island, Great Northern Peninsula On map sheet 12I/14 Mineral License 018326M Held by Dawson, Michael E.

Situate near Victoria Lake, Central NL On map sheet 12A/06 12A/05 Mineral License 018385M Held by Pennecon Heavy Civil Ltd. Situate near Upper Humber River, Western NL On map sheet 12H/11 Mineral License 018387M Held by Tectonics Inc. Situate near Black Duck Brook, Western NL On map sheet 12B/10 12B/11 Mineral License 018398M Held by Walsh, David Situate near Fox Island River Area, Western NL On map sheet 12B/15 Mineral License 018404M Held by KAT Gold Holdings Corp. Situate near Bunyans Cove, Eastern NL On map sheet 02C/05 02D/08

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 137 Mineral License 018407M Held by Pretty, Rodney Eldon Situate near Jacksons Arm, White Bay Area On map sheet 12H/15 Mineral License 018408M Held by Greene, Barry Situate near Noel Pauls Brook, Central NL On map sheet 12A/16 Mineral License 018412M Held by Lushman, Gilbert Situate near Star Lake, Central NL On map sheet 12A/11 Mineral License 018413M Held by Greene, Barry Situate near Little Rattling Brook, Central NL On map sheet 02D/12 Mineral License 018414M Held by Mercer, David Situate near Island Pond Area, Central NL On map sheet 02D/13 Mineral License 018415M Held by Mercer, David Situate near Grand Falls, Central NL On map sheet 02D/13 Mineral License 018416M Held by Courtney, Stephen Situate near Stony Brook, Central NL On map sheet 02D/13 Mineral License 018417M Held by Knight, Edmund Situate near Fox Island River, Western NL On map sheet 12B/16 Mineral License 018418M Held by Knight, Edmund Situate near Fox Island River, Western NL On map sheet 12B/16 Mineral License 018419M Held by Sutton, Elmer Situate near Makkovik River Area On map sheet 13J/14 Mineral License 018424M Held by Hicks, David Situate near Cloud River, Great Northern Peninsula On map sheet 12I/16 Mineral License 018425M Held by Northcott, Edwin Situate near Grandy Brook, Southern NL On map sheet 11P/12 11P/13 Mineral License 018426M Held by Mercer, William Situate near Noel Pauls Brook, Central NL On map sheet 12A/09 Mineral License 018427M Held by Strong, Paul Situate near Gander Lake Area, Central NL On map sheet 02D/16 Mineral License 018428M Held by Strong, Paul Situate near Gander Lake Area, Central NL On map sheet 02D/16 Mineral License 018429M Held by Pretty, Adam Situate near Davis Cove, Burin Peninsula On map sheet 01M/09 Mineral License 018430M Held by Pretty, Adam Situate near Sandy Harbour River, Burin Peninsula On map sheet 01M/09 Mineral License 018431M Held by Pretty, Adam Situate near Black Hill Pond, Southern NL On map sheet 01M/10 Mineral License 018432M Held by Kelly Jr, Daniel Situate near Mortier Bay, Burin Peninsula On map sheet 01M/03 Mineral License 018433M Held by Pretty, Adam Situate near Top Pond, Southern NL On map sheet 11P/13 Mineral License 018436M Held by Pretty, Adam Situate near Bay Du Nord River Area, Southern NL On map sheet 01M/11 01M/14 Mineral License 018437M Held by Sutton, Elmer Situate near Letitia Lake On map sheet 13L/02 13L/01 Mineral License 018441M Held by Noel, Nathaniel Situate near Twin Ponds, West of White Bay On map sheet 12H/11 Mineral License 018444M Held by Noel, Nathaniel Situate near Twin Ponds, West of White Bay On map sheet 12H/11 Mineral License 018445M Held by Stares, Shane Situate near Torrent River, Great Northern Peninsula On map sheet 12I/10 Mineral License 018446M Held by LeDrew, Donald Situate near Gander South, Central NL On map sheet 02E/08 Mineral License 018448M Held by Stares, Alexander T.

Situate near Grand Bay Area, Southern NL On map sheet 11O/11 Mineral License 018449M Held by Zonte Metals Inc. Situate near Wings Point Area, Central NL On map sheet 02E/07

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 138 Mineral License 018450M Held by Zonte Metals Inc.

Situate near Wings Point Area, Central NL On map sheet 02E/02 02E/07 Mineral License 018451M Held by Normore, Royle Situate near Forteau Bay On map sheet 12P/07 Mineral License 020001M Held by Natural Resources, Test Gp Situate near Dolland Pond, Central NL On map sheet 11P/16 11P/15 12A/01 12A/02 Mineral License 020003M Held by Natural Resources Situate near Baccalieu Tickle On map sheet 02C/02 Mineral License 020004M Held by Natural Resources, Test Gp Situate near Baccalieu Tickle On map sheet 02C/02 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08 and 28/09 and outlined on 1:50 000 scale digital maps ma intained by the Department of Natural Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

DEPARTMENT OF NATURAL RESOURCES JIM HINCHEY, P.Geo Manager - Mineral Rights File #'s 774:5866, 6675, 7859, 7860, 7872, 8102, 8106, 8109, 8112, 8114, 9252, 9253, 9257, 9260, 9276, 9277, 9714, 775:0056, 0156, 0157, 0763, 0781, 0782, 0794, 1494, 1612, 1614, 1677, 1683, 1741, 1743, 1754, 1760, 1763, 1764, 1768, 1769, 1770, 1771, 1772, 1773, 1774, 1775, 1780, 1781, 1782, 1783, 1784, 1785, 1786, 1787, 1788, 1789, 1792, 1793, 1797, 1800, 1801, 1802, 1804, 1805, 1806, 1807, 1811, 1813, 1816, 3063, 3065, 3066 Apr 5 URBAN AND RURAL PLANNING ACT, 2009 NOTICE OF REGISTRATION TOWN OF CHANNEL – PORT AUX BASQUES MUNICIPAL PLAN AMENDMENT NO. 1, 2011 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2011 Take notice that the TOWN OF CHANNEL – PORT AUX BASQUES Municipal Plan Am endment No. 1, 2011 and Development Regulations Amendment No. 1, 2011, adopted on the 10th day of January, 2012, and approved (as amended) on the 14 th day of February, 2012, has been registered by the Minister of Municipal Affairs.

The purpose of the Municipal Plan Amendment No. 1, 2011 to Future Land Use Map 1 is to expand the present Commercial designation and zone located on the Trans Canada Highway just outside the town boundary, but still situated within the municipal planning area boundary. The purpose of the Developm ent Regulations Amendment No. 1, 2011 is to comply with Municipal Plan Amendment No. 1, 2011. The Town of Channel – Port aux Basques Municipal Plan Amendment No. 1, 2011 and Development Regulations Amendment No. 1, 2011 come in to effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Town of Channel – Port aux Basques Municipal Plan Amendment No. 1, 2011 and Development Regulations Amendment No. 1, 2011 may do so at the Town Office, 67 Main Street, Port aux Basques during normal working hours.

TOWN OF CHANNEL – PORT AUX BASQUES Julia Ingram, Office Clerk Apr 5 NOTICE OF REGISTRATION TOWN OF HERMITAGE - SANDYVILLE MUNICIPAL PLAN 2011 AND DEVELOPMENT REGULATIONS 2011 Take notice that the TOWN OF HERMITAGE - SANDYVILLE Municipal Plan 2011 and Development Regulations 2011, adopted on the 13 th day of December, 2011 and approved on the 21 st day of February, 2012, have been registered by the Minister of Municipal Affairs. The Hermitage - Sandyville Municipal Plan 2011 and Development Regulations 2011 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Hermitage - Sandyville Municipal Plan 2011 and Development Regulations 2011 may do so at the Town Office, Hermitage - Sandyv ille during normal working hours. TOWN OF HERMITAGE - SANDYVILLE Josephine Rideout Simms Apr 5

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 139 LANDS ACT NOTICE OF INTENT Lands Act, c36, SNL 1991, as amended NOTICE IS HEREBY given that DAVID STEAD of Birchy Bay, NL intends to apply to the Department of Environment and Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2) (

E) of the said Act, to that piece of Crown land situated within fifteen (15) metres of the waters of the Birchy Bay in the Electoral District of Lewisorte for the purpose of a wharf. The land is more particularly described as follows: Bounded on the North by the shoreline for a distance of 7 metres; Bounded on the East by water for a distance of 10 metres; Bounded on the South by water for a distance of 7 metres; Bounded on the West by water for a distance of 10 metres; and containing an area of approximately 70 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: DAVID STEAD, Telephone Number: (709) 659- 2124. Apr 5 MECHANICS LIEN ACT NOTICE OF INTENTION TO RELEASE MECHANICS LIEN HOLDBACK PURSUANT TO

SECTION 12 OF THE MECHANICS LIEN ACT, NL. cM-3 (THE “ACT”) Pursuant to

section 12 of the Act, and in relation to a contract entered into between Vale Inco Newfoundland and Labrador Limited, now known as Vale Newfoundland and Labrador Limited (“Company”) and Black McDonald Alberici (“Contractor”) whic h contract is dated as of December 10, 2010, notice is hereby given of the intention of Company to release of Me chanics Lien holdback funds 30 days following the date of this notice. Dated at Long Harbour, NL, this 30 th day of March 2012. Troy Gilson Project Contracts Manager Fluor Canada Limited (As Company’s Representative) Ph. 709-758-8921 Apr 5 QUIETING OF TITLES ACT 2012 01G.

No. 0984 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER of an Application of ALBERT CHRISTOPHER, pursuant to the Quieting of Titles Act , cQ-3 RSNL 1990 AND IN THE MATTER of that piece or parcel of land situate at Bay Roberts, in the Province of Newfoundland and Labrador (hereinafter referred to as the "Subject Property") NOTICE OF APPLICATION under the Quieting of Titles Act, cQ-3 RSNL 1990, as amended; Notice is hereby given to all parties that ALBERT CHRISTOPHER applied to the Supreme Court of Newfoundland and Labrador, St.

J ohn's, to have the title to ALL THAT piece or parcel of land situate in the Town of Bay Roberts, in the Province of Newfoundland and Labrador and being more pa rticularly described in

Schedule "A" hereto annexed and outlined on the plan annexed hereto marked Schedul e "B" for which he claims to be the owner, investigated and for a Declaration that he is the absolute owner in fee simple and that he has been ordered to publish notice of the Application as required by the before-noted Act. All persons having title adverse to the said title claimed by ALBERT CHRISTOPHER shall file in the Registry of the Supreme Court of Newfoundland and Labrador, St.

John's, in the Province of Newfoundland and Labrador, particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitor for the Applicant on or before the 30 th day of April, 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.

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 140 All such adverse claims shall then be investigated in such manner as the said Supreme Court of Newfoundland and Labrador, St. John's, may direct. DATED at Bay Roberts, in the Province of Newfoundland and Labrador, this 26th day of March, 2012. MORROW & MORROW Solicitor for the Applicant PER: Adam S. Gosse ADDRESS FOR SERVICE: P.O. Box 870 Bay Roberts, NL Tel: (709) 786-9207 Fax: (709) 786-9507

SCHEDULE "A" All that piece or parcel of land situate, and being on the northwestern side of the Waters of Bay Roberts and to the southeast of Mercer’s Cove Road. in the Town of Bay Roberts, in the Electoral District of Port de Grave, in the Province of Newfoundland and Labrador, and being bound and abutted as follows: BEGINNING at a point, to the Southeast of Mercer’s Cove Road, said point being the Northwestern corner of the herein described la nd and having NAD 83 coordinates of North 5 273543.456 meters and East 287 865.645 meters on the Modified Three Degree Transverse Mercator Projection for the province of Newfoundland and Labrador, (Zone 1): THENCE running land of Albert Menchions and the Southeastern end of a Right of-Way (3.5m Wide) North 42° 01' 25" East 12.659 meters; THENCE running land of Albert Menchions South 44° 33' 57" East 13.779 meters; South 42° 42' 08" East 6.810 meters; THENCE running by a filled Area Claimed by Albert Thomas Christopher and Albert Menchions South 25° 09' 47" East 0.731 meters; South 49° 16' 11" East 4.384 meters; THENCE running by the Waters of Bay Roberts South 41° 04' 40" West 10.637 meters; THENCE running by land of Frank Mercer North 48° 30' 28" West 16.199 meters; North 46° 53' 07" West 9.110 meters, more or less, to the Point of Beginning The above described piece or parcel of land contains an area of 298 Square Meters, more or less.

Which land is as shown and delineated on the attached plan dated August 14, 2008. All bearings being referred to Grid North.

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 141 Apr 5, 13, 20 & 27

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 142 COURT FILE NO. 201201G1577 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER OF an Application of NEWCO FARMS LIMITED, pursuant to the Quieting of Titles Act , RSNL 1990, c Q-3, and amendments thereto AND IN THE MATTER OF a piece or parcel of land situate at Old Broad Cove Road, in the Town of Portugal Cove- St. Philips, in the Province of Newfoundland and Labrador Notice of Application under the Quieting of Titles Act, c.

Q-3 of the RSNL 1990, c Q-3 and amendments thereto NOTICE IS HEREBY GIVEN to all parties that NEWCO FARMS LIMITED, has 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 on Old Broad Cove Road, within the jurisdiction of the Town of Portugal Cove- St. Philip’s, in the Province of Newfoundland and Labrador and being more particularly described in the

Schedule hereunto attached and marked "A" of which the said Newco Farms Limited, claims on its behalf to be the owner investigated and it requests a declaration that the said Newco Farms Limited, is the legal and beneficial owner in possession and the said Court having ordered that Notice of the said Application be published as required by the above named Act.

All persons having title adverse to the said title claimed by NEWCO FARMS LIMITED, shall file in the Registry of the Supreme Court of Newfoundland and Labrador 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 25 th day of April, A.D., 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 Paradise, in the Province of Newfoundland and Labrador, this 23rd day of March, 2012. WILLIAM J. O’KEEFE LAW OFFICE Per: Colin Sullivan ADDRESS FOR SERVICE : 1973 Topsail Road Paradise, NL A1L 1W4 Tel: (709) 782-8588 Fax: (709) 782-8599

SCHEDULE “A” 330A Old Broad Cove Road All that piece or parcel of land situate and being at St. Philip’s, in the town of Portugal Cove – St. Philip’s, in the province of Newfoundland an d Labrador, Canada and being abutted and bounded as follows. That is to say; beginning at a point in the northwesterly limit of Old Broad Cove Road 20.0 meters wide. The said point being the most easterly angle of land of Peter Hutton, having co-ordinates of North 5273181.359 meters and East 316707.806 meters of the three degree Modified Transverse Mercator Projection as adopted by the province.

Central Meridian fifty three degrees west. THENCE by Land of Peter Hutton aforesaid, north 2940’09” west 82.000 meters. THENCE by land of Newco Farms Ltd., north 63 55’18” east 182.496 meters and THENCE south 1951’45” east 64.000 meters. THENCE along the easterly limit of Old Broad Cove Road to a point distant 171.401 meters on a bearing of south 5749’16” west from the previously described point to the point of beginning and containing an area of 1.3290 hectares. The said piece or parcel of la nd is more particularly shown on the attached plan of survey, job No, 11050109 dated 26 Nov 2011.

All bearings being referred to Grid North. Richard G. King Surveys Ltd.

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 143 Apr 5

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 144 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late ELIZABETH MARY BROWN of the Town of Hare Bay, in the Province of Newfoundland and Labrador, Retired Store Clerk, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of ELIZABETH MARY BROWN, the aforesaid deceased, who died at Town of Gander, in the Province of Newfoundland and Labrador on or about the 30 th day of November, 2005, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 20th day of April, 2012 after wh ich date the Executrix will proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 27th day of March, 2012. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, Newfoundland A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Apr 5 & 13 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late JACQUELINE BURT of the Town of Carmanville, in the Province of Newfoundland and Labrador, Retired School Teacher, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of JACQUELINE BURT, the aforesaid deceased, who died at Town of Gander, in the Province of Newfoundland and Labrador on or about the 13 th day of March, 1983 are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 20 th day of April, 2012 after which date the Administrator w ill proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 29th day of March, 2012. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, Newfoundland A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Apr 5 & 13 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of the late JOYCE HODDER of Birchy Ba y, in the Province of Newfoundland and Labrador, Retired Person, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of JOYCE HODDER, the aforesaid deceased, who died at Lewisporte, in the Province of Newfoundland and Labrador on or about the 21 st day of August, 2010 , are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 30 th day of April, 2012 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 28th day of March, 2012. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, Newfoundland A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Apr 5 & 13

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 145 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of the late JOHN THOMAS TUFF of Wesleyv ille, in th e Town of New-Wes-Valley in the Province of Newfoundland and Labrador, Retired Person, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of JOHN THOMAS TUFF, the aforesaid deceased, who died at New-Wes-Valley, in the Province of Newfoundland and Labrador on or about the 24 th day of January, 2012, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 30 th day of April, 2012 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice.

DATED at the Town of Gander, Newfoundland and Labrador, this 28th day of March, 2012. BONNELL LAW Solicitor for the Executrix PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, Newfoundland A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Apr 5 & 13

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, THURSDAY, APRIL 5, 2012 No. 14 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 23/12 NLR 24/12 NLR 25/12 NLR 26/12 NLR 27/12

Newfoundland and Labrador Gazette 443 April 5, 2012 NEWFOUNDLAND AND LABRADOR REGULATION 23/12 Interchangeable Drug Products Formulary Regulations, 2012 under the Pharmaceutical Services Act (Filed March 30, 2012) Under the authority of sections 19 and 52 of the Pharmaceutical Services Act, I make the following regulations. Dated at St. John’s, March 30, 2012. Bruce Cooper Deputy Minister of Health and Community Services REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Drug formulary 4. Submission requirements 5. Maximum price for inter- changeable products 6. Exemption 7. Pricing of drugs within categories 8. Addition to existing catego- ries 9. Review process 10. Advisory committee rec- ommendation 11. Notification of change to a drug 12. Repeal 13. Commencement 1. These regulations may be cited as the Interchangeable Drug Products Formulary Regulations, 2012. 2. In these regulations

Short title

Definitions

Interchangeable Drug Products Formulary Regulations, 2012 23/12 Newfoundland and Labrador Gazette 444 April 5, 2012 (a) "Act" means the Pharmaceutical Services Act; (b) "advisory committee" means the advisory committee ap- pointed under the authority of

section 20 of the Act to advise on the contents of the formulary and other matters relating to drugs; (c) "brand price" means the pric e for a drug established by the brand manufacturer as recorded by the department at the time a submission for listing on the drug formulary is re- ceived; (d) "formulary" means the drug formulary defined in paragraph 2(

h) of the Act which is established by and is on file with the minister; (e) "inventory adjustment fee" means a percentage set by the minister under the authority of

section 50 of the Act which may be included in the pri ce which may be charged for a drug accepted to be listed in the formulary; and (f) "ultra-generic product" means a drug manufactured and packaged for a generic manufact urer which is identical to a brand manufacturer's product in every way, including its production, except for (

i) identifying markings, (ii) product labelling, (iii) the name of the manufacturer, and (iv) the product trade name. 3.

(1) The Interchangeable Drug Products Formulary is continued and is on file with the minister.

(2) A copy of the formulary is available on the departmental website and may also be obtained from the office of the minister.

(3) The prices set out in the fo rmulary for interchangeable drugs shall be effective for the period sp ecified by the minister in the formu- lary. Drug formulary

Interchangeable Drug Products Formulary Regulations, 2012 23/12 Newfoundland and Labrador Gazette 445 April 5, 2012 4. An applicant shall provide the following before the advisory committee will consider its submission for a drug to be included in the formulary: (

a) a list of the applicable H ealth Canada guidance documents on the assessment of bioavailability and bioequivalence of the drug; (

b) confirmation that the drug will be sold at the maximum price established under

section 5, or where the percentage of sav- ings is greater than required under that section, details of those savings and a guarantee of that price for the time peri- od required by the minister; (

c) the quoted price for the drug, which shall be quoted in smallest unit pricing irrespective of package size; (

d) where a Notice of Compliance from Health Canada (

i) has been issued, a copy of that notice, or (ii) has not been issued, a copy of the Drug Notification form; (

e) confirmation satisfactory to the committee that the applicant is able to supply the drug to meet the needs of the market for that drug throughout the entire province; (

f) consent permitting the prov ince to contact Health Canada and other federal, provincial or territorial departments or agencies for additional information where necessary; (

g) a completed request for generic drug substitution in the form prescribed by the minister; (

h) a product sample for any drug contained in a device or appa- ratus for the purpose of drug delivery; (

i) where the submission relates to an ultra-generic or cross licensed drug, confirmation of the business arrangement from the company with whom the business arrangement is in place; and Submission re- quirements

Interchangeable Drug Products Formulary Regulations, 2012 23/12 Newfoundland and Labrador Gazette 446 April 5, 2012 (

j) where a drug has not been la unched at the time of the appli- cation, the anticipated launch date. 5.

(1) The price for a product listed in the formulary shall not ex- ceed the maximum price as set out in the following table as of the ap- plicable dates: Date Maximum Price From April 16, 2012 to September 30, 2012 45% of the brand price From October 1, 2012 to March 31, 2013 40% of the brand price From April 1, 2013 onward 35% of the brand price

(2) Where, at the coming into fo rce of this section, a drug is listed on the formulary which (

a) is a sole source product; or (

b) is a generic drug for which the equivalent brand product has been discontinued, the manufacturer of that drug may, notwithstanding subsection (1), maintain the price listed in the formulary at the coming into force of this

section until July 1, 2012, but after that date shall comply with the requirements of subsection (1) with respect to the maximum price of that drug unless an exemption is allowed under

section 6. 6.

(1) Notwithstanding subsection 5(1), an applicant may apply to the minister to have a drug included in the formulary which does not meet the pricing requirements of that subsection, and the minister may allow that exemption where (

a) the brand name product has been discontinued; or (

b) in the opinion of the mini ster, the applicant has incurred extraordinary production, manufacturing or development costs for the drug, as demonstrab le to the satisfaction of the minister.

(2) The minister may request an d the applicant shall provide the information the minister considers necessary for the purpose of evaluat- ing an application for an exemption under subsection (2). Maximum price for interchangeable products Exemption

Interchangeable Drug Products Formulary Regulations, 2012 23/12 Newfoundland and Labrador Gazette 447 April 5, 2012

(3) The minister may impose conditions on an exemption grant- ed under this section, and may limit the time period for which the ex- emption is granted.

(4) Where an application for an exemption has been approved under subsection (1), the advisory committee may consider that drug for inclusion in the formulary provided that all other requirements of

section 4 are met. 7.

(1) In accordance with

section 21 of the Act, the minister may establish categories of drugs which are included in the formulary and may set the price which shall be charged for drugs within a category.

(2) The price of drugs in dr ug categories shall be the price charged on the date specified by the minister in the formulary, or where no date is specified, as of the effective date of the formulary.

(3) The price set under subsection (1) may include an inventory adjustment fee set by the minister. 8.

(1) Notwithstanding

section 5 , where a submission relates to an addition to an existing category and (

a) a brand manufacturer lowers its price after the drug becomes interchangeable; or (

b) the brand drug has been discontinued, a submission received after that time shall include a price for the prod- uct which is less than or equal to the current lowest price in that catego- ry.

(2) Where a drug is approved for addition to an existing catego- ry under subsection (1), it shall not be included in a supplement to the formulary but shall be added to the formulary at its next publication. 9.

(1) Where a submission for inclusion of a drug in the formulary meets the requirements in

section 4, it shall be considered by the advi- sory committee according to either (

a) the standard review process; or (

b) the expert review process. Pricing of drugs within categories Addition to existing categories Review process

Interchangeable Drug Products Formulary Regulations, 2012 23/12 Newfoundland and Labrador Gazette 448 April 5, 2012

(2) The standard review process shall be employed for (

a) drugs with a Health Canada Declaration of Equivalence to a Canadian reference product; (

b) all ultra-generic drugs; and (

c) all cross-licensed drugs wher e the other drug is currently listed in the formulary.

(3) Drugs (

a) not falling within paragraphs (2)(

a) to (c); or (

b) which have been reviewed under the standard review pro- cess and about which the committee has a clinical concern shall be referred by the advisory committee for expert analysis of bioe- quivalence, bioavailability and other applicable data before the drugs may be considered by the advisory committee under the expert review process.

(4) The expert review process shall be employed for completed submissions for (

a) drugs without a Health Canada Declaration of Equivalence to a Canadian reference product; or (

b) any drug which has been reviewed under the standard review process about which the advi sory committee has concerns and requires a further review under the expert review pro- cess.

(5) A submission to the expert review process shall include bio- equivalence and bioavailability studies relating to the drug that is the subject of the submission, and any other information that the committee may require to assess the drug.

(6) In addition to the submission requirements noted in

section 4, the advisory committee shall, in assessing a drug for inclusion in the formulary, consider

Interchangeable Drug Products Formulary Regulations, 2012 23/12 Newfoundland and Labrador Gazette 449 April 5, 2012 (

a) the definition of interchangeable drug products as set out in the Act; (

b) whether the drug is of consistent satisfactory quality and safety; (

c) any clinical concerns raised to or by the advisory committee; and (

d) those other matters which the advisory committee considers necessary in the review process. 10.

(1) Where the advisory committee has approved a drug under the standard review process or the ex pert review process, as appropri- ate, the committee shall recommend to the minister that the drug be included in the formulary.

(2) Where the advisory committee does not approve a drug un- der the standard review process or the expert review process, as appro- priate, the committee shall recommend to the minister that it not be included in the formulary. 11. Where a manufacturer makes a change to a drug listed in the formulary that requires the approval of Health Canada, the manufactur- er, immediately after receipt of th e approval of Health Canada, shall notify the advisory committee of the change. 12. The Interchangeable Drug Products Formulary Regulations, 2007, Newfoundland and Labrador Regulation 125/07, are re- pealed. 13.

These regulations come in to force on April 16, 2012. ©William E. Parsons, Queen's Printer Advisory committee recommendation Notification of change to a drug Repeal Commencement

The Newfoundland and Labrador Gazette April 5, 2012 451 NEWFOUNDLAND AND LABRADOR REGULATION 24/12 Carrier Safety Regulations (Amendment) under the Highway Traffic Act. (Filed April 3, 2012) Under the authority of

section 197 of the Highway Traffic Act I make the following regulations. Dated at St. John’s, February 6, 2012. Paul Davis Minister of Service Newfoundland and Labrador REGULATIONS Analysis 1. Sch.Amdt. 2. Commencement 1. The

Schedule to the Carrier Safety Regulations is amended by deleting the

section references , offences and compliance indica- tors in relation to the Trip Inspection Report Regulations and substi- tuting the following: CNLR 1160/96 as amended

2012 Carrier Safety Regulations (Amendment) 24/12 The Newfoundland and Labrador Gazette April 5, 2012 452 Trip Inspection Report Regulations Provision Compliance Indicators Description of Offence 4(1), (2) and (3) 2 Failing to conduct, or cause to be conducted an inspection of a commercial vehicle in the pre- scribed manner and frequency. 5(1) 2 Failing to inspect every compo- nent listed in Column 1 of the applicable schedule. 5(2) 2 Failing to conduct an adequate inspection of a commercial vehi- cle. 5(3)(a) 2 When conducting an inspection of a motor coach in accordance with

Schedule D or an equivalent maintenance program failing to raise the commercial vehicle in a manner that provides access to the vehicle components. 5(3)(b) 2 Failing to ensure that an inspec- tion of a motor coach conducted in accordance with

Schedule D or an equivalent maintenance pro- gram is conducted by a qualified person. 6(1) 1 Failing to record on the inspec- tion report defects detected dur- ing the inspection.

2012 Carrier Safety Regulations (Amendment) 24/12 The Newfoundland and Labrador Gazette April 5, 2012 453 6(2) 1 When conducting an inspection of a motor coach in accordance with

Schedule D failing to record on the inspection report defects detected during the inspection, brake adjustment measurements and the nature of repairs carried out on the motor coach. 6(3) 1 Failing to report to the carrier prior to the next required inspec- tion minor defects detected dur- ing the inspection. 6(4) 3 Failing to immediately report to the carrier major defects detected during the inspection. 6(5) 1 Where no defects detected during an inspection failing to record on the inspection report that no de- fects were detected. 7 1 Failing to prepare the inspection report in the prescribed manner with the prescribed information. 8(1) 2 Driver failing to monitor condi- tion of vehicle while driving or being in charge of a commercial vehicle. 8(2) 1 Driver failing to record on the inspection report or to report to the carrier, in the prescribed time frame, a minor defect detected while driving or being in charge of a commercial vehicle.

2012 Carrier Safety Regulations (Amendment) 24/12 The Newfoundland and Labrador Gazette April 5, 2012 454 8(3) 3 Driver failing to record on the inspection report or to report to the carrier, in the prescribed time frame, a major defect detected while driving or being in charge of a commercial vehicle. 9(1) 1 Carrier failing to ensure that pre- viously reported defects are re- paired prior to next required in- spection or other time period specified in the jurisdiction of travel. 10(1) 2 Driving or permitting a person to drive a commercial vehicle where the vehicle was not inspected as prescribed, inspection report was not completed as prescribed or driver was not in possession of required inspection reports and schedules. 10(2) 3 Driving or permitting a person to drive a commercial vehicle where a major defect has been detected. 11(1) 1 Driver failing to forward to the carrier the original of each in- spection report within the pre- scribed time period. 11(2) 1 Carrier failing to retain the origi- nal inspection reports for the prescribed time period. 13 3 Failing to produce inspection reports or schedules upon the demand of an inspector or failing to give an inspector reasonable help to enable him or her to carry out his or her duties. 14(2)(d) 2 Falsifying an inspection report.

2012 Carrier Safety Regulations (Amendment) 24/12 The Newfoundland and Labrador Gazette April 5, 2012 455 14(2)(e) 2 Falsely certifying a repair. 2. These regulations come in to force on July 1, 2012. ©William E. Parsons, Queen's Printer Commencement

The Newfoundland and Labrador Gazette April 5, 2012 457 NEWFOUNDLAND AND LABRADOR REGULATION 25/12 Proclamation bringing the Act into force (SNL 2008 cF-11.01) (June 1, 2012) under the Fire Protection Services Act (O.C 2012-069) (Filed April 3, 2012) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JOHN C. CROSBIE Lieutenant Governor DON BURRAGE Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 44 of “

An Act Respecting Fire Protection Services In The Province,” SNL2008 cF-11.01 (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation direct that “An Act Respecting Fire Protection Services In The Province,” SNL2008 cF-11.01 shall come into force on June 1, 2012. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

The Newfoundland and Labrador Gazette April 5, 2012 458 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable John Carnell Crosbie, Member of the, Privy Council of Canada, Officer of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, and one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St.

John's this 6th day of May in the year of Our Lord two thousand and twelve in the sixty-first year of Our Reign. BY COMMAND, KEVIN O’BRIEN Registrar General

The Newfoundland and Labrador Gazette April 5, 2012 459 NEWFOUNDLAND AND LABRADOR REGULATION 26/12 Pesticides Control Regulations, 2012 under the Environmental Protection Act (O.C.2012-082) (Filed April 3, 2012) Under the authority of

section 111 of the Environmental Protec- tion Act, the Lieutenant-Governor in Council makes the following regu- lations. Dated at St. John’s, March 30, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Licences 4. Operator's licence 5. Operator's licence - exemp- tions 6. Applicator licence categories 7. Applicator's licence 8. Applicator’s licence - ex- emptions 9. Unlicensed assistants 10. Vendor's licence 11. Vendor's licence- exemp- tions 12. Records 13. Purchase and sale of pesti- cides 14. Lawns 15. Warnings 16. Protective clothing 17. Occupational health and safety 18. Anti-backflow device 19. Storage 20. Disposal of containers 21. Storage area

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 460 22. Penalty 23. Insurance requirement 24. Transitional 25. Repeal 26. Commencement

Schedule 1. These regulations may be cited as the Pesticides Control Regu- lations, 2012. 2.

In these regulations (a) "Act" means the Environmental Protection Act; (b) "agricultural pesticide" means a type of commercial or re- stricted class pesticide designated for agricultural use; (c) "approved examination" means an examination, approved by the minister or a person designat ed by the minister that veri- fies that an applicator or ve ndor has met the knowledge re- quirements of these regulations; (d) "commercial class pesticide" means a pesticide classified as "commercial" under the Pest Control Products Regulations made under The Pest Control Products Act (Canada), and includes agricultural, commercial, industrial and forestry class pesticides; (e) "domestic class pesticide" means a pesticide classified and labelled as "domestic" under the Pest Control Products Reg- ulations made under The Pest Control Products Act (Cana- da); (f) "lawn" means a plot of grass that is maintained at a regular and approximately uniform height through periodic and reg- ular mowing; (g) "licence" means a document i ssued by the minister or a per- son designated by the minister authorizing the person to whom it is issued to (

i) operate a business or provide a service involving the use or application of a pesticide for reward or hire, (ii) apply pesticides, or

Short title

Definitions

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 461 (iii) sell pesticides; (h) "permit" means a document in writing issued to a person authorizing the purchase or use of a specific quantity of a named pesticide at a specific location or site for a specific purpose and time as set out in the permit; (i) "pest" means an injurious, noxious or troublesome insect, fungus, bacterial organism, virus, weed, rodent or other plant or animal, and includes an injurious, noxious or troublesome organic function of a plant or animal; (j) "pesticide applicator" means a person licensed to apply pes- ticides; (k) "pesticide operator" means an entity licensed to operate a business or provide a service involving the use or application of a pesticide for hire or reward; (l) "pesticide use" means the purchasing, transporting, storing, possessing or handling of a pesticide; (m) "pesticide vendor" means a person licensed to sell pesticides under the terms and conditions contained in the licence; and (n) "restricted class pesticide" means a pesticide classified and labelled as "restricted" under the Pest Control Product Regu- lations made under The Pest Control Products Act (Cana- da).; 3.

(1) A licence shall entitle the holder to conduct those activities specified in the licence class for which the licence is issued.

(2) A person shall not possess, store, transport, dispose or oth- erwise handle a pesticide unless (

a) the person has a valid appli cator licence, operator licence or vendor licence; or (

b) the pesticide or person is exempted from the requirement to have a licence. Licences

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 462

(3) A licence is valid from the date of issue until the expiry date stated in the licence unless the licence is suspended or cancelled earlier.

(4) A licence is not transferable. 4.

(1) A person shall not undertake an operation designed to use a pesticide to control a pest without a valid operator’s licence.

(2) An application for an operat or's licence shall be made to the minister in the approved form and containing the information that the minister or a person designated by the minister may require.

(3) The minister or a person designated by the minister may also require an applicant for an operator's licence to (

a) supply the information as is considered necessary with re- spect to the operations intended by the applicant; and (

b) undergo a pesticide storage inspection.

(4) An operator's licence shall entitle the holder to (

a) engage a pesticide applicator to conduct an operation involv- ing the use of a pesticide to control a pest; or (

b) purchase, possess, transport, store or dispose of a pesticide in accordance with the provisions of the Act and these regu- lations.

(5) The minister or a person designated by the minister may direct that a licence be subject to specified terms or conditions which shall be indicated on the licence and the holder of the licence shall abide by those terms or conditions.

(6) The minister or a person designated by the minister may require the holder of an operator's licence to submit a

summary of his or her operations at a time and in a form that the minister may deter- mine.

(7) A

summary referred to in subsection (6) shall be submitted before a succeeding licence application can be processed. Operator's licence Operator's licence - exemptions

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 463 5. Notwithstanding

section 4 a person undertaking an operation involving (

a) a domestic class pesticide to be used on his or her own prop- erty; (

b) an agricultural pesticide to be used on his or her own proper- ty or property rented by him or her for the purpose of grow- ing crops or raising livestock; or (

c) a commercial class pesticid e designated for the following uses: (

i) bactericides used in cutting oils and aviation and marine fuels, (ii) cleansers, deodorizers, disinfectants and soaps, (iii) dust control agents, (iv) fabric softeners, (

v) chemical formulations inte nded as bactericides or algae- cides for use in swimming pools, domestic water sup- plies, industrial cooling systems, home aquaria or orna- mental pools, or (vi) surfactants, preservatives, adjuvants and growth regula- tors is exempt from the requirement for an operator's licence. 6. There is established for the purpose of applying pesticides the following applicator licence categories: (

a) an agriculture licence for th e use of pesticides by ground application (

i) for the production of agricultural products, including berries, grains, forage crops, nursery sod, grapes, seed crops, ornamentals, tree seedlings, tree fruits, vegetables in fields, orchards or shelter belts, pastures and range- lands, Applicator licence categories

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 464 (ii) for the control of noxious weeds, birds and rodents, (iii) for aquatic weed control in dugouts with no outflow, (iv) on Christmas tree plantations, (

v) to control livestock and poultry pests, (vi) for on-farm seed treatment, (vii) for soil fumigations, except methyl bromide, (viii) for pest control around fa rm buildings associated with crop and livestock production, and (ix) excluding pesticide use in greenhouses or commercial seed treatments; (

b) an aquatic licence for the use of herbicides by ground appli- cation (

i) for the control of aquatic pests, excluding mosquito and biting fly control, in standing or running water or in are- as left exposed during periods of low water, and (ii) for herbicide applications in lakes, rivers, irrigation ca- nals, ditches and dugouts; (

c) a forestry licence for the use of pesticides by ground applica- tion (

i) in forest management operations including site prepara- tion, brushing, conifer release, thinning, insect control, disease control and vertebrate control, and (ii) in forest seed orchards , outdoor nurseries and planta- tions; (

d) a greenhouse licence for the us e of pesticides in greenhouses and mushroom houses

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 465 (

i) during the storage, display and production of agricultur- al crops including vegetables, mushrooms and ornamen- tals as well as forest tree seedlings, and (ii) otherwise, for fumigation, except methyl bromide, and for associated pesticide use on areas immediately sur- rounding greenhouses; (

e) an industrial vegetation li cence for the use of herbicides by ground application (

i) for controlling vegetation on industrial areas including roadsides, powerlines, pipelines, rights-of-ways, rail- ways, well sites, equipment yards, dams, dykes and non- crop land, (ii) to parking lots, sidewalk cracks and road beds during construction, and (iii) to control designated noxious weeds on private and pub- lic lands; (

f) a landscape licence for the use of pesticides by ground ap- plication (

i) for the maintenance of ornamental trees, shrubs, flowers and turf on outdoor residential, commercial and public land, including golf courses and cemeteries, and (ii) in outdoor nurseries for the propagation of landscape and garden plants; (

g) a mosquito and biting fly licence for the use of insecticides by ground application for the control of mosquito or biting fly larvae or adults; (

h) a fumigation licence for the us e of fumigants that are gases at room temperature (

i) for soil fumigation, within enclosed structures or under sheets, and

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 466 (ii) for fumigation in grain bins and elevators, building, rail cars, trucks and closed vaults; (

i) a structural licence for the use of pesticides other than herbi- cides or fumigants (

i) inside a structure or on the exterior surface of a struc- ture, excluding plant pests in greenhouses, and (ii) including rodenticide use on public or private land; and (

j) an aerial licence for the use of pesticides applied by aircraft onto forest land, non-agricultural land such as for industrial vegetation control, bodies of water for mosquito and biting fly control and agricultural land. 7.

(1) A person shall not apply a pesticide without a valid applica- tor's licence.

(2) An application for an appli cator's licence shall be made to the minister in the approved form and containing the information that the minister or a person designated by the minister may require.

(3) A person who applies for an applicator's licence or for the renewal of an applicator's licence shall possess a certificate which indi- cates that the applicator has passe d the approved examination on the safe storage, use, transport, application, handling or disposal of pesti- cides set by the minister or a person designated by the minister.

(4) The minister or a person designated by the minister may direct that a licence be subject to specified terms or conditions which shall be indicated on the licence and the holder of the licence shall abide by those terms or conditions.

(5) The minister, or a person designated by the minister may require an applicant for a pesticide applicator licence to complete train- ing courses respecting the storage, use, application, handling or dispos- al of pesticides. 8. Notwithstanding subsection 7(1) a person applying (

a) a domestic class pesticide to his or her own property; Applicator's licence Applicator’s licence - exemptions

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 467 (

b) an agricultural pesticide that the minister or a person desig- nated by the minister shall designate (

i) as pesticides for use in animal care which are ready-to- use products for ectoparasite control, and (ii) pesticides for use in an imal care which ar e intended for use on the animal as a surface insect control product; or (

c) a commercial class pesticid e designated for the following uses (

i) bactericides used in cutting oils and aviation and marine fuels, (ii) cleansers, deodorizers, disinfectants and soaps, (iii) dust control agents, (iv) fabric softeners, (

v) chemical formulations inte nded as bactericides or algae- cides for use in swimming pools, domestic water sup- pliers, industrial cooling systems, home aquaria or or- namental pools, or (vi) surfactants, preservatives, adjuvants and growth regula- tors is exempt from the requirement of an applicator's licence. 9.

(1) Notwithstanding subsection 7(1), a pesticide applicator using or applying a pesticide under an agricultural or greenhouse licence re- ferred to in paragraph 6(

a) or (

d) may allow a person who does not have an applicator's licence to apply a pesticide and shall, with respect to that unlicensed person employed by, contracted to or working with that pesticide applicator (

a) ensure that that person, when carrying out activities under the Act or regulations, is under his or her direct supervision and control; and Unlicensed assis- tants

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 468 (

b) be responsible for the actions and conduct of that person with respect to anything required to be carried out in accord- ance with the Act or regulations.

(2) For the purposes of paragraph 9(1)(a) "direct supervision and control" means to be either physi cally present at the treatment site or available for immediate respon se through an effective communica- tion system and able to attend at th e treatment site within a reasonable period of time. 10.

(1) A person shall not sell or distribute a pesticide without a valid vendor's licence.

(2) The minister may issue the following types of vendor licenc- es: (

a) business vendor licences to businesses that desire to sell pesticides; and (

b) certified vendor licences to individuals who desire to sell pesticides and have passed the approved examination.

(3) An individual with a certified vendor licence may sell do- mestic, commercial and restricted class pesticides.

(4) A business with a business vendor licence may sell domestic class pesticides but may only sell commercial or restricted class pesti- cides where they employ a certified vendor licensee and the certified vendor licensee sells the pesticide.

(4) An application for a vendor's licence shall be made to the minister in the approved form and containing the information that the minister or a person designated by the minister may require.

(5) The minister or a person designated by the minister may require an applicant for a certified vendor licence or the renewal of a certified vendor licence to show, upon examination at a specified time and location, that he or she possesses adequate knowledge of the appli- cation, handling, storage and safe use of the pesticides which he or she intends to sell.

(6) The minister, or a person designated by the minister may require an applicant for a certified pesticide vendor licence to complete Vendor's licence

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 469 training courses respecting the storage, use, application, handling or disposal of pesticides.

(7) The minister or a person designated by the minister may direct that a licence be subject to specified terms and conditions which shall be indicated on the licence and the holder of the licence shall abide by those terms and conditions. 11. Notwithstanding subsection 10(1) a person who sells (

a) domestic class pesticides fo rmulated for direct application on people and pets; or (

b) commercial class pesticides designated for the following purposes: (

i) bactericides used in cutting oils and aviation and marine fuels, (ii) cleansers, deodorizers, disinfectants and soaps, (iii) dust control agents, (iv) fabric softeners, (

v) chemical formulations inte nded as bactericides or algae- cides for use in swimming pools, domestic water sup- pliers, industrial cooling systems, home aquaria or or- namental pools, or (vi) surfactants, preservatives, adjuvants and growth regula- tors is exempt from the requirement of a vendor's licence. 12. A pesticide vendor shall keep, in a form and manner required by the minister or a person designated by the minister, a record of each purchase and sale of a pesticide. 13.

(1) A person shall not have in his or her possession a commer- cial or restricted class pesticide wh ich has been purchased or obtained from anyone other than a pesticide vendor. Vendor's licence- exemptions Records Purchase and sale of pesticides

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 470

(2) A pesticide vendor shall not sell a commercial or restricted class pesticide to anyone other than a pesticide operator.

(3) Notwithstanding subsection (1), a commercial or restricted class pesticide may be purchased from a vendor who is located outside the province and who does not have a licence where (

a) a pesticide operator, or (

b) a pesticide applicator with a valid agricultural or greenhouse licence obtains a permit for the purchase of the pesticide from the minister or a person designated by the minister.

(4) An application for a permit to buy pesticides from an unli- censed vendor shall be made to the minister in the approved form and containing the information that the minister or a person designated by the minister may require.

(5) Notwithstanding subsections (1) and (2), a pesticide vendor may sell a commercial or restricted class pesticide to a person who does not have a valid operator's licence where (

a) the pesticide is designated on its label as being for agricul- tural use and the person has a valid agricultural applicator li- cence; or (

b) the pesticide is designated on its label as being for green- house use and the person has a valid greenhouse applicator licence; and (

c) the pesticide vendor maintains records of the sale as required by the minister.

(6) A pesticide vendor who sells domestic class pesticides shall not sell pesticide and fertilizer products that are blended together. 14.

(1) A person shall not use a pesticide product that contains one or more of the following chemicals: (

a) carbaryl; Lawns

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 471 (b) 2,4-dichlorophenoxyacetic acid, commonly referred to as 2,4-D; (

c) mecoprop; (

d) dicamba; or (e) 2-methyl-4-chlorophenoxyacetic acid, commonly referred to as MCPA in, on or over a lawn.

(2) A person shall not sell, supply or offer for sale a pesticide that contains one or more of the ch emicals in paragraphs (1)(a)-(

e) for use in, on or over a lawn. (3) Subsections (1) and (2) do not apply to a person who uses, possesses, sells or supplies a pesticide for (

a) a golf course; (

b) forestry activities; or (

c) agricultural activities.

(4) Notwithstanding subsections (1) and (2) the minister may allow a pesticide product containing one or more of the chemicals in paragraphs (1)(a)-(

e) to be applied to a sports turf or other highly man- aged turf areas. 15. Where directed by the minister or a person designated by the minister a pesticide operator shall publish warning notices or erect warning notices or warning signs in accordance with that direction. 16.

(1) A pesticide operator shall (

a) provide the protective clothing and equipment identified in the instructions of the pesticide label or by the minister or a person designated by the minister; and (

b) ensure that the protective cl othing and equipment is used by the pesticide applicator. Warnings Protective clothing

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 472

(2) A pesticide applicator shall ensure that the protective cloth- ing and equipment referred to in subsection (1) is used by him or her and by an unlicensed assistant as defined in

section 9 engaged in the use, handling or disposal of a pesticide. 17. Notwithstanding a provision of these regulations the Occupa- tional Health and Safety Act applies to all matters affecting the health and safety of workers to which these regulations apply. 18. Water from an open body of water shall not be introduced by any means into a sprayer, container or other equipment that holds or has been used to hold a pesticide unless the sprayer, container or other equipment is fitted with a device which prevents backflow. 19.

(1) Subject to sections 38 and 42 of the Act, a commercial or restricted class pesticide or materi al mixed or treated with a commer- cial or restricted class pesticide or a container that holds or has been used to hold a commercial or restricted class pesticide shall be kept and stored separately from food and drink destined for human or animal consumption and from living plants by (

a) being kept in a separate room; (

b) being separated from the nearest food, drink and plants by a direct distance of not less than 8 metres; or (

c) other method satisfactory under the order of an inspector.

(2) Subject to sections 38 and 42 of the Act, a commercial or restricted class pesticide or materi al mixed or treated with a commer- cial or restricted class pesticide or a container that holds or has been used to hold a commercial or restricted class pesticide shall be trans- ported separately from (

a) food and drink destined for human consumption; (

b) food and drink destined for animal consumption; or (

c) living plants by being kept in a vapour-proof container, packaged separately in a rigid box or otherwise in such manner as to prevent contamination, damage or injury. Occupational health and safety Anti-backflow device Storage

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 473

(4) All seed grain treat ed with a pesticide shall be transported in sacks or other sealed containers or where transported in bulk shall be securely covered by tarpaulin or similar cover to prevent spillage dur- ing transport.

(5) Every person who sells, supplies or distributes seed grain or other seed crops or propagation mate rial treated with a pesticide shall label all containers "TREATED WITH (name of pesticide). DO NOT USE FOR FOOD OR FEED." 20. A container that is used to hold a pesticide shall be disposed of (

a) in the manner recommended by the manufacturer as stated on the pesticide label; or (

b) by decontaminating and rendering it unsuitable for use as a container in a manner identified by the minister or a person designated by the minister and by discarding it in the manner directed by the minister or a person designated by the minis- ter. 21.

(1) A person who possesses, sells or stores for gain or reward a commercial or restricted class pesticide shall ensure that the storage area has (

a) a source of water in an area in or adjacent to the storage ar- ea; (

b) approved safety equipment as required which is properly maintained, functional and available at all times for person- nel handling and working with pesticides; (

c) flooring which shall not contain a floor drain or catch basin which is directly or indirectly connected to a private or mu- nicipal sewage system or public watercourse; (

d) flooring which shall be capab le of being readily cleaned and decontaminated of pesticides stored within; (

e) adequate ventilation by either natural or mechanical means so as to prevent the accumulati on of toxic or flammable va- pours; Disposal of containers Storage area

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 474 (

f) a "Danger—Stored Pesticide" sign posted on all entrances, which is printed in block letters 5 centimetres or more in height; (

g) clean-up procedures consistent with the instructions of the minister or person designated by the minister; and (

h) other provisions which may be stipulated on the licence by the minister or a person designated by the minister.

(2) A person who possesses, sells or stores for gain or reward a commercial or restricted class pesticide shall provide a list of each pes- ticide and estimated quantities normally held in storage to the chiefs of the local fire departments.

(3) A pesticide vendor or pesticide operator shall not store a commercial or restricted class pes ticide on the premises of a private dwelling place unless that storage has been first approved by an inspec- tor with the department authorized to give that approval. 22. Where, with respect to a contravention of these regulations, (

a) a summons is issued to a person by way of a ticket in ac- cordance with the Provincial Offences Act; and (

b) that person is, on

summary conviction, found guilty of the offence stated on that ticket, that person is liable to a fine described in the

Schedule to these regula- tions. 23.

(1) An applicant for an operat or's licence, except the Crown, shall provide evidence that his or her activities and those of the appli- cant's employees or agents that are regulated by the Act are covered by insurance as follows: (

a) commercial general liability insurance with a minimum in- clusive limit of $1,000,000 per occurrence for bodily injury and property damages to include the Crown as an additional insured; and (

b) third party liability insurance in respect of owned, licensed vehicles, subject to minimum limits of $500,000 with a rider Penalty Insurance requirement

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 475 to permit the transportation of pesticides for all vehicles which do or may carry pesticides.

(2) An operator's licence shall not be issued or renewed unless the minister or a person designated by the minister is satisfied as to the sufficiency of the commercial general liability coverage and the third party liability coverage, relating to vehicles, held by the applicant.

(3) Where an insurance contract or insurance policy is lapsed, expired or is cancelled, the licence in respect of which the insurance was required under this

section is automatically cancelled. 24. A licence issued under the Pesticides Control Regulations, 2003 shall expire on the coming into force of these regulations. 25. The Pesticides Control Regulations, 2003, Newfoundland and Labrador Regulations 57/03, are repealed. 26. These regulations come into force on May 1, 2012. Transitional Repeal Commencement

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 476

Schedule Penalties Penalty Environmental Protection Act Offence First Offence Penalty Subsequent Offence Penalty

Section or Subsection Fine not more than dollar amount specified Fine not more than dollar amount specified Max Min Max Min 33(2) Lack of licence 2,000 300 2,000 300 34 Invalid insur- ance 1,000 200 1,000 500 38 Failure to store pesticide properly 1,000 300 1,000 500 39 Improper han- dling of pesti- cides 1,000 250 1,000 500 Pesticides Control Regu- lations, 2012 Offence First Offence Penalty Subsequent Offence Penalty

Section or Subsection Fine not more than dollar amount specified Fine not more than dollar amount specified Max Min Max Min 4(5) Violation of provision or condition of licence by oper- ator 1,000 200 1,000 500 7(4) Violation of provision or condition of licence by ap- 500 75 500 150

Pesticides Control Regulations, 2012 26/12 The Newfoundland and Labrador Gazette April 5, 2012 477 plicator 13 Improper pur- chase/sale of pesticide 2,000 250 2,000 500 14 Using, selling, supplying or offering for sale a pesticide that contains one or more of the chemicals stated in paragraphs 1(a)-(

e) for use in, on or over a lawn 5,000 500 5,000 1,000 16 Failure to pro- vide protective clothing or en- suring that pro- tective clothing is worn 1,000 100 1,000 250 20 Improper stor- age/transport of pesticide 1,000 300 1,000 500 ©William E. Parsons, Queen's Printer

The Newfoundland and Labrador Gazette April 5, 2012 479 NEWFOUNDLAND AND LABRADOR REGULATION 27/12 Trip Inspection Report Regulations under the Highway Traffic Act (O.C. 2012-067) (Filed April 3, 2012) Under the authority of sections 187 and 197 of the Highway Traf- fic Act, the Minister, with the approval of the Lieutenant-Governor in Council, makes the following regulations. Dated at St. John’s, February 6, 2012. Paul Davis Minister of Service Newfoundland and Labrador Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Non-application of regula- tions 4. Inspection schedules and frequency 5. Inspection 6. Defect documentation and reporting 7. Inspection report 8. Ongoing monitoring 9. Correction of defects 10. Prohibition 11. Records

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 480 12. Electronic format 13. Powers of inspectors 14. Offence 15. CNLR 15/96 Rep 16. Commencement

Schedule A

Schedule B

Schedule C

Schedule D 1. These regulations may be cited as the Trip Inspection Report Regulations. 2. In these regulations (a) "Act" means the Highway Traffic Act; (b) "carrier" means a person, pa rtnership or corporation that owns, leases or is responsible for the operation of a commer- cial vehicle for the purpose of transporting passengers or goods; (c) "commercial vehicle" means (

i) a truck, tractor or trailer or a combination of them ex- ceeding a registered gross mass of 4,500 kilograms, or (ii) a bus designed, constructed and used for the transporta- tion of passengers with a designated seating capacity of more than 10, including the driver, but excluding the operation for personal use; (d) "driver" means a person who drives or is in actual physical control of a commercial vehicle to which these regulations apply; (e) "emergency vehicle" means (

i) a motor vehicle driven by a peace officer or by a mem- ber of the police branch of one of Her Majesty's Armed Forces where there is an ur gent emergency justifying a rate of speed in excess of a maximum rate of speed pro- vided for in the Act and includes a vehicle so operated by a chief of a volunteer fire department,

Short title

Definitions

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 481 (ii) a motor vehicle carrying firefighting equipment in re- sponse to an alarm of fire, or (iii) an ambulance responding to a call or transporting a pa- tient where there is an urgent emergency justifying a rate of speed in excess of a maximum rate of speed pro- vided for by the Act; (f) "inspector" means a traffic officer or a person appointed under the Act to inspect or ex amine vehicles or drivers and records pertaining to either; (g) "major defect" means a defect listed in column 3 of Sched- ules A, B, and C and column 2 of

Schedule D; (h) "minor defect" means a defect listed in column 2 of Sched- ules A, B and C; (i) "motor coach" means a bus of monocoque design, designed to provide intercity, suburban, commuter or charter service and equipped with air ride su spension, air brakes, automatic brake adjusters and under-floor baggage storage; and (j) "recreational vehicle" means (

i) a wheeled vehicle designed as mobile accommodation, including a cabin trailer, collapsible cabin trailer, tent trailer, camping trailer and self propelled mobile ac- commodation, or (ii) a vehicle used to transp ort recreational equipment such as a snowmobile, water craft, fishing and hunting equipment, motorcycle, bicycl e, where the transport is not in connection with a business, employment or com- mercial enterprise. 3. These regulations do not apply to (

a) a commercial vehicle exempted by the Registrar; (

b) an emergency vehicle; Non-application of regulations

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 482 (

c) a commercial vehicle engaged in providing relief in the case of a public welfare emergency, as that expression is defined in

section 5 of the Emergencies Act (Canada); (

d) a recreational vehicle; or (

e) a 2 or 3 axle commercial vehi cle that is used primarily for the transportation of primary products of a farm, forest, sea or lake, where the driver or his or her employer is the pro- ducer of those products. 4.

(1) A commercial vehicle referred to in subparagraph 2(c)(

i) shall be inspected in accordance with

Schedule A every 24 hours when operated.

(2) A commercial vehicle referred to in subparagraph 2(c)(ii) shall be inspected in accordance with

Schedule B every 24 hours when operated.

(3) Notwithstanding subsection (2), as an alternative to Sched- ule B a motor coach may be inspected in accordance with (

a) Schedule C every 24 hours when operated; and (

b) Schedule D or an equivalent maintenance program approved by the minister or a person designated by the minister at the earlier of (

i) every 12,000 kilometres; or (ii) every 30 days.

(4) A carrier shall provide the ap plicable inspection schedules to the driver in a written or equivalent electronic format. 5.

(1) An inspection of a commercial vehicle shall include an in- spection of every system and component listed in Column 1 of the ap- plicable

schedule except where the system or co mponent is not present on the vehicle.

(2) An inspection of a commercial vehicle shall be adequate to determine whether there is a major or minor defect. Inspection sched- ules and frequency Inspection

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 483

(3) An inspection under

Schedule D or an equivalent mainte- nance program approved by the minister or a person designated by the minister shall be (

a) conducted while the vehicle is positioned over a pit or raised in a manner that provides access to the vehicle components; and (

b) completed by a person who is qualified in accordance with the Official Inspection Station Regulations. 6.

(1) A person conducting an inspection of a commercial vehicle in accordance with Schedules A, B or C shall record on the inspection report defects detected during the inspection.

(2) A person conducting an inspection in accordance with

Schedule D shall record on the inspection report (

a) defects detected during the inspection; (

b) brake adjustment measurements; and (

c) the nature of the repairs carried out on the motor coach.

(3) Where a minor defect is de tected during the inspection the person conducting the inspection shall report it to the carrier prior to the next required inspection.

(4) Where a major defect is de tected during the inspection the person conducting the inspection shall report it to the carrier immedi- ately.

(5) Where no defects are detect ed during an inspection the per- son conducting the inspection shall record on the inspection report that no defects were detected. 7.

(1) A person conducting an inspection of a commercial vehicle in accordance with Schedules A, B or C shall prepare an inspection report in a written or equivalent electronic format that contains the fol- lowing information: (

a) the licence plate number or unit number of the vehicle; Defect documenta- tion and reporting Inspection report

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 484 (

b) the carrier's name; (

c) the date and time of the inspection; (

d) the city, town, local service district or highway location where the inspection was performed; (

e) a statement signed by the person conducting the inspection and by the driver, where the driver did not conduct the in- spection, stating that the vehicle was inspected in accordance with the applicable requirements; (

f) the information required in subsection 6(1); (

g) legibly printed name of the inspector; and (

h) the odometer reading.

(2) A person conducting an inspection in accordance with

Schedule D shall prepare an inspection report in a written or equivalent electronic format that contains the following information: (

a) the licence plate, vehicle identification number or unit num- ber of the vehicle; (

b) the carrier's name; (

c) the date and time of the inspection; (

d) the city, town, local service district or highway location where the inspection was performed; (

e) a statement signed by the person conducting the inspection and by the driver, where the driver did not conduct the in- spection, stating that the vehicle was inspected in accordance with the applicable requirements; (

f) the information required in subsection 6(2); (

g) legibly printed name of the inspector; and (

h) the odometer reading. Ongoing monitoring

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 485 8.

(1) While driving or being in charge of a commercial vehicle the driver shall monitor its condition in accordance with the

schedule of inspection items listed in Column 1 of Schedules A to D.

(2) Where a driver detects a mi nor defect while driving or in charge of a commercial vehicle the driv er shall record the defect on an inspection report and report the defect to the carrier prior to the next required inspection.

(3) Where a driver detects a major defect while driving or in charge of a commercial vehicle the driv er shall record the defect on an inspection report and immediately report the defect to the carrier. 9.

(1) A carrier shall ensure that a previously reported defect is repaired before the next required inspection.

(2) Notwithstanding subsection (1), where the jurisdiction in which the driver is travelling specifi es a different time period for the repair of defects, a carrier shall ensu re that a previously reported defect is repaired before the time period specified in the jurisdiction of travel. 10.

(1) A person shall not drive and a carrier shall not permit a per- son to drive a commercial vehicle unless (

a) the vehicle is inspected in accordance with

section 4; (

b) an inspection report is co mpleted in accordance with

section 7; and (

c) the driver is in possession of the required inspection reports and applicable schedules.

(2) A person shall not drive and a carrier shall not permit a per- son to drive a commercial vehicle wh ere a major defect has been de- tected on the vehicle. 11.

(1) A driver shall forward the original of each inspection report to the carrier within 20 calendar days of the completion of the report.

(2) A carrier shall retain the original of each inspection report and certification of repairs for at l east 6 months after the date the in- spection report was completed. Correction of de- fects Prohibition Records Electronic format

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 486 12.

(1) Notwithstanding subsections 4(4), 7(1) and 7(2) a carrier may only provide inspection schedules and a driver may only submit inspection reports in electronic format where (

a) the information provided is the same information that would have been provided if it had been provided in paper format; and (

b) when requested to do so by an inspector the driver can im- mediately provide the information by producing it on a digi- tal screen of an electronic device or in handwritten form or on a printout or another intelligible output or a combination of these.

(2) Where an inspector requires a copy of an inspection sched- ule or report in paper format a copy faxed from the driver's office is acceptable. 13.

(1) An inspector may, for the purposes of determining compli- ance with these regulations, (

a) request a driver to produce inspection reports and applicable inspection schedules; and (

b) enter upon the premises of a carrier during the normal busi- ness hours of that carrier and in spect the records required to be maintained by these regulations.

(2) A carrier whose premises are entered under subsection (1) and a person found there shall give the inspector reasonable help to enable him or her to carry out his or her duties and functions under the- se regulations and shall provide the information that he or she may rea- sonably require.

(3) Where an inspector has reasonable grounds to believe an offence has been committed under these regulations, the inspector may seize or make copies of the records that the inspector considers relevant and shall provide the driver or carrier , as applicable, with a receipt for the seized or copied records. 14.

(1) A person who Powers of inspectors Offence

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 487 (

a) fails to conduct, or cause to be conducted, an inspection of a commercial vehicle as required by

section 4; (

b) fails to report a major defect as required by subsection 6(4); or (

c) drives or operates a vehicle without an inspection report in the vehicle contrary to subsection 10(1); is guilty of an offence and liable on

summary conviction to a fine of not less than $200 and not more than $1,000.

(2) A person who (

a) fails to repair a defect as required by subsection 9(1); (

b) operates a vehicle with a known major defect contrary to subsection 10(2); (

c) fails to retain an inspection report as required by subsection 11(2); (

d) falsifies an inspection report; or (

e) falsely certifies a repair; is guilty of an offence and liable on

summary conviction to a fine of not less than $500 and not more than $2,000.

(3) A person who fails to produce an inspection report or in- spection

schedule upon the demand of an inspector as required by sec- tion 13 is guilty of an offence a nd liable on

summary conviction to a fine of not less than $100 and not more than $500.

(4) A person who contravenes a provision of these regulations for which a penalty is not specifically provided for is guilty of an of- fence and liable on

summary conviction to a fine of not less than $200 and not more than $1,000.

(5) Each repair or major defect not reported and each report falsified or not completed constitutes a separate offence. CNLR 15/96 Rep.

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 488 15. The Highway Traffic Trip Inspection Report Regulations, Consolidated Newfoundland and La brador Regulation, 15/96, are repealed. 16. These regulations come in to force on July 1, 2012. Commencement

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 489

Schedule A Truck, Tractor and Trailer Application: This

schedule applies to trucks, tractors and trailers or combinations of them exceeding a registered gross vehicle weight of 4,500 kg. Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(s) 1. Air brake system  Audible air leak.  Slow air pressure build-up rate.  Pushrod stroke of a brake exceeds the adjustment limit.  Air loss rate ex- ceeds prescribed limit.  Inoperative tow- ing vehicle (trac- tor) protection system.  Low air warning system fails or system is activat- ed.  Inoperative ser- vice, parking or emergency brake. 2. Cab  Occupant com- partment door fails to open.  A cab or sleeper door fails to close securely. 3. Cargo securement  Insecure or im- proper load cov- ering (e.g. wrong type or flapping in the wind).  Insecure cargo.  Absence, failure, malfunction or deterioration of required cargo securement de- vice or load cov- ering.

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 490 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(s) 4. Coupling devices  Coupler or mounting has loose or missing fastener.  Coupler is inse- cure or move- ment exceeds prescribed limit.  Coupling or lock- ing mechanism is damaged or fails to lock.  Defective, incor- rect or missing safety chain/cable. 5. Dangerous goods  Dangerous goods requirements not met. 6. Driver controls  Accelerator pe- dal, clutch, gauges, audible and visual indi- cators or instru- ments fail to function proper- ly. 7. Driver seat  Seat is damaged or fails to remain in set position.  Seatbelt or tether belt is insecure, missing or mal- functions. 8.

Electric brake system  Loose or inse- cure wiring or electrical con- nection.  Inoperative breakaway de- vice.  Inoperative brake. 9. Emergency equipment & safety devices  Emergency equipment is missing, dam- aged or defec- tive. 10. Exhaust system  Exhaust leak.  Leak that causes

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 491 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) exhaust gas to enter the occu- pant compart- ment. 11. Frame and cargo body  Damaged frame or cargo body.  Visibly shifted, cracked, collaps- ing or sagging frame member(s). 12. Fuel system  Missing fuel tank cap.  Insecure fuel tank.  Dripping fuel leak. 13. General  Serious damage or deterioration that is noticeable and may affect the vehicle's safe operation. 14.

Glass and mirrors  Required mirror or window glass fails to provide the required view to the driver as a result of being cracked, broken, damaged, miss- ing or maladjust- ed.  Required mirror or glass has bro- ken or damaged attachments onto vehicle body. 15. Heater/defroster  Control or sys- tem failure.  Defroster fails to provide unob- structed view through the windshield. 16. Horn  Vehicle has no

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 492 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) operative horn. 17. Hydraulic brake system  Brake fluid level is below indicat- ed minimum lev- el.  Parking brake is inoperative.  Brake boost or power assist is inoperative.  Brake fluid leak.  Brake pedal fade or insufficient brake pedal re- serve.  Activated (other than ABS) warn- ing device.  Brake fluid res- ervoir is less than ¼ full. 18. Lamps and reflectors  Required lamp does not function as intended.  Required reflec- tor is missing or partially missing. When lamps are required and there is a:  Failure of both low beam head- lamps.  Failure of both rearmost tail lamps.

At all times when there is a:  Failure of a rearmost turn- indicator lamp.  Failure of both rearmost brake lamps. 19. Steering  Steering wheel lash (free-play) is greater than normal.  Steering wheel is insecure, or does not respond nor- mally.  Steering wheel

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 493 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) lash (free-play) exceeds required limit. 20. Suspension system  Air leak in air suspension sys- tem.  Broken spring leaf.  Suspension fas- tener is loose, missing or bro- ken.  Damaged (patched, cut, bruised, cracked to braid, mounted insecurely) or de- flated air bag.  Cracked or bro- ken main spring leaf or more than one broken spring leaf.  Part of spring leaf or suspen- sion is missing, shifted out of place or in con- tact with another vehicle compo- nent.  Loose U-bolt. 21.

Tires  Damaged tread or sidewall of tire.  Tire leaking (if leak can be felt or heard, tire is to be treated as flat).  Flat tire.  Tire tread depth is less than wear limit.  Tire is in contact with another tire or a vehicle com- ponent other than mud-flap.  Tire is marked "Not for highway use".  Tire has exposed cords in the tread or outer side wall area.

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 494 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(s) 22. Wheels, hubs and fasteners  Hub oil is below minimum level. (When fitted with sight glass)  Leaking wheel seal.  Wheel has loose, missing or inef- fective fastener.  Damaged, cracked or bro- ken wheel, rim or attaching part.  Evidence of im- minent wheel, hub or bearing failure. 23. Windshield wiper/washer  Control or sys- tem malfunction.  Wiper blade damaged, miss- ing or fails to ad- equately clear driver's field of vision. When necessary for prevailing weather condition and:  Wiper or washer fails to adequate- ly clear driver's field of vision in area swept by driver's side wip- er.

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 495

Schedule B Bus Application: This

schedule applies to buses designed, constructed and used for the transportation of passengers with a designated seating capacity of more than 10, including the driver, but excluding the operation for personal use, and also applies to trailers towed by a bus. Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(s) 1. Accessibility devices Accessibility device may not be used if:  Alarm fails to operate.  Equipment mal- functions.  Interlock system malfunctions.  Vehicle fails to return to normal after "kneel- ing."  Extendable lift, ramp or other passenger- loading device fails to retract. 2. Air brake system  Audible air leak.  Slow air pres- sure build-up rate.  Pushrod stroke of a brake ex- ceeds the ad- justment limit.  Air loss rate exceeds pre- scribed limit.  Inoperative towing vehicle (tractor) protec- tion system.  Low air warn- ing system fails or system is ac- tivated.  Inoperative ser- vice, parking or emergency brake.

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 496 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(s) 3. Cargo securement  Insecure or im- proper load cov- ering (e.g. wrong type or flapping in the wind)  Insecure cargo.  Absence, fail- ure, malfunc- tion or deterio- ration of re- quired cargo securement de- vice or load covering. 4. Coupling devices  Coupler or mounting has loose or missing fastener.  Coupler is inse- cure or move- ment exceeds prescribed lim- it.  Coupling or locking mecha- nism is dam- aged or fails to lock.  Defective, in- correct or miss- ing safety chain/cable. 5. Dangerous goods  Dangerous goods require- ments not met. 6.

Doors and emergency exits  Door, window or hatch fails to open or close se- curely.  Alarm inopera- tive. Passengers may not be carried but vehi- cle may be moved when no passengers carried if:  Required emer- gency exit fails to function as intended.  Required door alarm is inoper- ative. 7. Driver controls  Accelerator pe- Passengers may not

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 497 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) dal, clutch, gauges, audible and visual indi- cators or instru- ments fail to function proper- ly. be carried but vehi- cle may be moved when no passengers carried if:  Accelerator sticking and engine fails to return to idle. 8. Driver seat  Seat is damaged or fails to remain in set position.  Seatbelt or teth- er belt is inse- cure, missing or malfunctions. 9. Electric brake system  Loose or inse- cure wiring or electrical con- nection.  Inoperative breakaway de- vice.  Inoperative brake. 10.

Emergency equipment & safety devices  Emergency equipment is missing, dam- aged or defec- tive.  Required fire extinguisher im- properly mount- ed or not fully charged.  Required first aid kit is incom- plete. Passengers may not be carried but vehi- cle may be moved when no passengers carried if:  Required fire extinguisher is missing.  Required first aid kit is miss- ing. 11. Exhaust system  Exhaust leak.  Leak that caus- es exhaust gas to enter the oc- cupant com- partment. 12.

Exterior body and frame  Insecure or miss- ing body parts.  Insecure or miss- ing compartment  Visibly shifted, cracked, col- lapsing or sag- ging frame

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 498 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) door.  Damaged frame or body. member(s). 13. Fuel system  Missing fuel tank cap (vehi- cle may be moved when no passenger car- ried).  Insecure fuel tank.  Dripping fuel leak. 14. General  Serious damage or deterioration that is noticea- ble and may af- fect the vehi- cle's safe opera- tion. 15. Glass and mirrors  Required mirror or window glass fails to provide the required view to the driv- er as a result of being cracked, broken, damaged or maladjusted.  Required mirror or glass has bro- ken or damaged attachments onto vehicle body.

Passengers may not be carried but vehi- cle may be moved when no passengers carried if:  Driver's view of the road is ob- structed in the area swept by the windshield wipers.  Required mirror or window glass is missing. 16. Heater/defroster  Control or sys- tem failure.  Defroster fails to provide un- obstructed view through the windshield.

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 499 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(s) 17. Horn  Vehicle has no operative horn. 18. Hydraulic brake system  Brake fluid level is below indicat- ed minimum level.  Parking brake is inoperative.  Brake boost or power assist is inoperative.  Brake fluid leak.  Brake pedal fade or insuffi- cient brake pe- dal reserve.  Activated (other than ABS) warning device.  Brake fluid res- ervoir is less than ¼ full. 19. Lamps and reflectors  Required lamp does not func- tion as intended.  Required reflec- tor is missing or partially miss- ing.  Passenger safety or access lamp does not func- tion.

When lamps are required and there is a:  Failure of both low-beam head- lamps.  Failure of both rearmost tail lamps. At all times when there is a:  Failure of a rearmost turn- indicator lamp.  Failure of both rearmost brake lamps. 20. Alternating overhead lamps Passengers may not be carried but vehi- cle may be moved

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 500 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) when no passengers carried if:  A required alter- nating lamp is missing or inop- erative.  A required alter- nating lamp does not alternate.  A required alter- nating lamp is not the proper color. 21. Passenger compartment  Stanchion pad- ding is damaged.  Damaged steps or floor.  Insecure or dam- aged overhead luggage rack or compartment.  Malfunction or absence of re- quired passenger or mobility de- vice restraints.  Passenger seat is insecure.

When affected posi- tion is occupied and there is a:  Malfunction or absence of re- quired passenger or mobility de- vice restraints.  Passenger seat is insecure. 22. Steering  Steering wheel lash (free-play) is greater than normal.  Steering wheel is insecure, or does not re- spond normally.  Steering wheel lash (free-play) exceeds re- quired limit. 23. Suspension system  Air leak in air suspension sys-  Damaged (patched, cut,

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 501 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) tem.  Broken spring leaf.  Suspension fas- tener is loose, missing or bro- ken. bruised, cracked to braid, mounted insecurely) or deflated air bag.  Cracked or bro- ken main spring leaf or more than one broken spring leaf.  Part of spring leaf or suspen- sion is missing, shifted out of place or in con- tact with anoth- er vehicle com- ponent.  Loose U-bolt. 24.

Tires  Damaged tread or sidewall of tire.  Tire leaking (if leak can be felt or heard, tire is to be treated as flat).  Flat tire.  Tire tread depth is less than wear limit.  Tire is in con- tact with anoth- er tire or a ve- hicle compo- nent other than mud-flap.  Tire is marked "Not for high- way use".  Tire has ex- posed cords in the tread or out- er side wall ar- ea. 25. Wheels, hubs and fasteners  Hub oil below minimum level. (When fitted  Wheel has loose, missing or ineffective

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 502 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) with sight glass.)  Leaking wheel seal. fastener.  Damaged, cracked or bro- ken wheel, rim or attaching part.  Evidence of imminent wheel, hub or bearing failure. 26. Windshield wiper/washer  Control or sys- tem malfunction.  Wiper blade damaged, miss- ing or fails to adequately clear driver's field of vision. When necessary for prevailing weather condition and:  Wiper or wash- er fails to ade- quately clear driver's field of vision in area swept by driv- er's side wiper. 27.

Pedestrian – Student Safety Crossing Arm Passengers may not be carried but vehi- cle may be moved when no passengers carried if:  Required student safety crossing arm is missing or fails to function as intended. 28. Stop Arm Passengers may not be carried but vehi- cle may be moved when no passengers carried if:  Stop arm is miss- ing.  Stop arm is dam- aged so as to sig-

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 503 Column 1 Column 2 Column 3 Systems and compo- nents Minor defect(

s) Major defect(

s) nificantly affect visibility.  Stop arm will not extend fully or stay fully ex- tended.  Lights on stop arm do not func- tion as intended. .

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 504

Schedule C Motor Coach (Daily) Application: This

schedule applies only to motor coaches. Trailers towed by motor coaches must be inspected in accordance with

Schedule B. Column 1 Column 2 Column 3 Systems and compo- nents Minor Defect(

s) Major Defect(s) 1. Accessibility devices Accessibility device may not be used if:  Alarm fails to operate.  Equipment mal- functions.  Interlock system malfunctions.  Vehicle fails to return to normal after "kneeling."  Extendable lift, ramp or other passenger- loading device fails to retract. 2.

Air brake system  Audible air leak.  Slow air pres- sure build-up rate.  There is an in- dication of a brake adjust- ment problem.  Air loss rate exceeds pre- scribed limit.  Inoperative tow- ing vehicle (tractor) protec- tion system.  Low air warning system fails or system is acti- vated.  Inoperative ser- vice, parking or emergency brake. 3. Coupling devices  Coupler or mounting has  Coupler is inse- cure or move-

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 505 Column 1 Column 2 Column 3 Systems and compo- nents Minor Defect(

s) Major Defect(

s) loose or missing fastener. ment exceeds prescribed limit.  Coupling or locking mecha- nism is dam- aged or fails to lock.  Defective, in- correct or miss- ing safety chain/cable. 4. Dangerous goods  Dangerous goods require- ments not met. 5. Doors and emergency exits  Door, window or hatch fails to open or close securely.  Alarm inopera- tive. Passengers may not be carried but vehi- cle may be moved when no passengers carried if:  Required emer- gency exit fails to function as intended. 6.

Driver controls  Accelerator pe- dal, clutch, gauges, audible and visual indi- cators or instru- ments fail to function proper- ly. Passengers may not be carried but vehi- cle may be moved when no passengers carried if:  Accelerator sticking and en- gine fails to re- turn to idle. 7. Driver seat  Seat is damaged or fails to re- main in set posi- tion.  Seatbelt or teth- er belt is inse- cure, missing or malfunctions. 8. Emergency equipment & safety devices  Emergency equipment is missing, dam- aged or defec-

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 506 Column 1 Column 2 Column 3 Systems and compo- nents Minor Defect(

s) Major Defect(

s) tive. 9. Exhaust system  Exhaust leak.  Leak that causes exhaust gas to enter the occu- pant compart- ment. 10. Exterior body  Insecure or missing body parts.  Insecure or missing com- partment door. 11. Fuel tank  Missing fuel tank cap (vehi- cle may be moved when no passenger car- ried).  Insecure fuel tank.  Dripping fuel leak. 12. General  Serious damage or deterioration that is noticea- ble and may af- fect the vehicle's safe operation. 13.

Glass and mirrors  Required mirror or window glass fails to provide the required view to the driv- er as a result of being cracked, broken, dam- aged missing or maladjusted. Passengers may not be carried but vehi- cle may be moved when no passengers carried if:  Driver's view of the road is ob- structed in the area swept by the windshield

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 507 Column 1 Column 2 Column 3 Systems and compo- nents Minor Defect(

s) Major Defect(s)  Required mirror or glass has bro- ken or damaged attachments onto vehicle body. wipers. 14. Heater/defroster  Control or sys- tem failure.  Defroster fails to provide un- obstructed view through the windshield. 15. Horn  Vehicle has no operative horn. 16. Lamps and reflectors  Required lamp does not func- tion as intended.  Required reflec- tor is missing or partially miss- ing.  Passenger safety or access lamp does not func- tion. When lamps are re- quired and there is a:  Failure of both low-beam head- lamps.  Failure of both rearmost tail lamps.

At all times when there is a:  Failure of a rearmost turn- indicator lamp.  Failure of both rearmost brake lamps. 17. Passenger compartment  Stanchion pad- ding is damaged.  Damaged steps or floor.  Insecure or damaged over- head luggage rack or com- partment.  Malfunction or When affected posi- tion is occupied and there is a:  Malfunction or absence of re- quired passen- ger or mobility device re- straints.  Passenger seat

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 508 Column 1 Column 2 Column 3 Systems and compo- nents Minor Defect(

s) Major Defect(

s) absence of re- quired passenger or mobility de- vice restraints.  Passenger seat is insecure. is insecure. 18. Steering  Steering wheel lash (free-play) is greater than normal.  Steering wheel is insecure or does not re- spond normally.  Steering wheel lash (free-play) exceeds re- quired limit. 19. Suspension system  Air leak in air suspension sys- tem.  Damaged (patched, cut, bruised, cracked to braid, mount- ed insecurely) or deflated air bag. 20.

Tires  Damaged tread or sidewall of tire.  Tire leaking (if leak can be felt or heard, tire is to be treated as flat.)  Flat tire.  Tire thread depth is less than wear limit.  Tire is in con- tact with anoth- er tire or a vehi- cle component other than mud- flap.  Tire is marked "Not for high- way use."  Tire has ex- posed cords in the tread or out- er side wall. 21. Wheels, hubs and  Hub oil below  Wheel has

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 509 Column 1 Column 2 Column 3 Systems and compo- nents Minor Defect(

s) Major Defect(

s) fasteners minimum level. (When fitted with sight glass.)  Leaking wheel seal. loose, missing or ineffective fastener.  Damaged, cracked or bro- ken wheel, rim or attaching part.  Evidence of imminent wheel, hub or bearing failure. 22. Windshield wiper/washer  Control or sys- tem malfunc- tion.  Wiper blade damaged, miss- ing or fails to adequately clear driver's field of vision. When necessary for prevailing weather condition and:  Wiper or washer fails to ade- quately clear driver's field of vision in area swept by driv- er's side wiper.

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 510

Schedule D Motor Coach (earlier of 30 days or 12,000 km) Application: This

schedule applies to motor coaches. Note:  All conditions listed below are major defects and must be re- paired before the vehicle is driven. 

Schedule D inspections must be conducted while the vehicle is positioned over a pit or raised in a manner that provides ade- quate access to all applicable components by a person who holds the appropriate technician certification or qualification in accordance with paragraph 5(3)(b). Column 1 Column 2 Systems and components Major defects 1.

Air brake system  Audible air leak.  Brake pushrod stroke is at or beyond the adjustment limit.  Clearance between disc brake pads and rotor exceeds manu- facturer's specified limit.  Wedge brake shoe movement exceeds manufacturer's speci- fied limit.  Excessive discharge of fluids from air reservoir.  Air compressor, mounts or at- tachments damaged or defec- tive.  Compressor drive-belt loose or damaged.  Air line or fitting damaged or insecure.  Air tank defective, damaged or insecure.

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 511 Column 1 Column 2 Systems and components Major defects  Air tank drain or moisture ejec- tor device inoperable.  Brake chamber, brake linkage or other brake component is defective, damaged or inse- cure.  Spring brake is broken or mal- functions.  Inoperative service, parking or emergency brake. 2. Exhaust system  Exhaust leak.  Exhaust system component in- secure, damaged or perforated. 3.

Frame and/or underbody  A frame member or fastener is damaged, cracked or insecure.  A component mount is dam- aged or insecure. 4. Fuel system  Fuel leak.  Insecure fuel tanks, fuel tank mounts or guards.  Fuel line or fitting damaged or insecure. 5. Steering  Steering linkage is damaged or insecure.  Power steering fluid is leaking, contaminated or low.  Power steering component damaged or insecure. 6.

Suspension system  Air leak or malfunction of air suspension system or compo- nent.  Damage or deterioration of a suspension component includ- ing: - spring and air bag; - axle or frame attaching component; - axle supporting or aligning component;

2012 Trip Inspection Report Regulations 27/12 The Newfoundland and Labrador Gazette April 5, 2012 512 Column 1 Column 2 Systems and components Major defects - suspension or component fastener; - Shock absorber or attachments. 7. Tires  Tire inflation less than re- quired.  Tire treads worn to wear limits.  Damage to tread or sidewall of tire.  Retread or rebuilt tire is used on front axle. 8. Wheels and fasteners  Loose, missing, damaged or ineffective wheel fastener.  Damaged wheel or wheel com- ponent. ©William E. Parsons, Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 513 Index

PART I Collections Act, 2009 – Notice .............................................................................................. ..................................................... 135 Lands Act – Notice ........................................................................................................... ........................................................... 139 Mechanics Lien Act – Notice ................................................................................................... .................................................... 139 Mineral Act – Notices ......................................................................................................... .......................................................... 133 Quieting of Titles Act – Notices ............................................................................................. ..................................................... 139 Urban and Rural Planning Act, 2009 – Notices .................................................................................. .......................................... 139 Trustee Act – Notices ......................................................................................................... .......................................................... 144

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 Pesticides Control NLR 26/12 New Apr 5/12 p. 459 Regulations, 2012 (In force May 1, 2012) Fire Protection Services Act Proclamation bringing Act NLR 25/12 New Apr 5/12 p. 457 into force (SNL 2008 cF-11.01) (in force June 1, 2012) Highway Traffic Act Carrier Safety NLR 24/12 CNLR 1160/96 Apr 5/12 p. 451 Regulations, Sch.

Amdt. (In force July 1, 2012) Trip Inspection NLR 27/12 New Apr 5/12 p. 479 Report Regulations, (In force July 1, 2012) Pharmaceutical Services Act Interchangeable Drug Products NLR 23/12 New Apr 5/12 p. 443 Formulary Regulations, 2012 Extraordinary March 30/12

THE NEWFOUNDLAND AND LABRADOR GAZETTE April 5, 2012 514 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.

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

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2012-04-05
Type	gazette
Volume / chapter	printer gazette weekly issues 2012 nlg120405
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e23b0cdc90a0b9b1116e284c80b9707ca5b79c75

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