Newfoundland and Labrador Gazette, Part I — 21 February 2020, Vol. 95, No. 08 — Mechanics Lien Act Notice; Lands Act Notice

NLG 2020-02-21

Newfoundland and Labrador — Gazette

Vol. 95 ST. JOHN’S, FRIDAY , FEBRUARY 21, 2020 No. 08 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY PUBLIC TRUSTEE ACT SUPREME COURT OF NEWFOUNDLAND AND LABRADOR Rules of the Supreme Court, 1986 PRACTICE NOTE P.N. No. 2020-01 DATE ISSUED: February 17, 2020 RULES AFFECTED: N/A EFFECTIVE DATE: Upon publication The following Practice Note is published pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986. APPLICATIONS TO APPOINT THE PUBLIC TRUSTEE Background and Purpose 1. Recent amendments to the Public Trustee Act have modified some of the procedures that must be followed and documents that must be filed for applications to appoint the public trustee. 39

2. According to the amended

section 4 of the Public Trustee Act, a judge shall not appoint the public trustee unless the public trustee consents to the appointment and the terms of the appointment or the public trustee has an opportunity to make representations regarding the appointment. 3. In light of these changes, the following practice note is issued to provide guidance to parties and counsel on the process for applying to appoint the public trustee. Practice Note 1.

All applications in the General Division for the appointment of the Public Trustee must include written documentation from the Office of the Public Trustee, indicating the public trustee’s consent or objection to the appointment. 2. Requests for consent must be directed to the Office of the Public Trustee: Office of the Public Trustee The Viking Building Suite 401 – 136 Crosbie Road St. John’s, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 3.

Where the public trustee consents to the appointment and the terms of the appointment, the applicant must file the written consent from the Office of the Public Trustee. The Court Officer shall ensure that the written consent is filed with the application and provided to the judge who will be deciding the application. 4. Where the public trustee does not consent to the appointment and/or the terms of the appointment, the applicant must file written confirmation of the objection from the Office of the Public Trustee.

The Court Officer shall ensure that the written objection is filed with the application and provided to the judge who will be deciding the application. 5. A hearing may be scheduled. If a hearing is scheduled, the Court will provide notice to the applicant and the public trustee, indicating the hearing date, time, and location. Authorized by: Raymond P.

Whalen CHIEF JUSTICE OF THE SUPREME COURT Ethel Chaulk REGISTRAR Feb 21 MECHANICS LIEN ACT NOTICE OF INTENTION TO RELEASE HOLDBACK PURSUANT TO SECTIONS 12.1 TO 12.3 OF THE MECHANICS’ LIEN ACT, RSNL 1990, C M-3 (THE “ACT” ) PROJECT: Memorial University of Newfoundland - CSF- 001-12 Core Science Facility CP-3R (the “Project”), located at 45 Arctic Ave, St. John’s, Newfoundland and Labrador. MEMORIAL UNIVERSITY (the “Owner”) has received an application from MARCO SERVICES LIMITED (“Marco”) for release of annual holdback pursuant to

section 12.1 of the Act. MARCO’S application for release of holdback relates to work done on the Project under its contract with the Owner (the “Prime Contract”) in the period from April 25, 2017 to April 25, 2019. Pursuant to

section 12.2 of the Act, the Owner hereby gives notice to all persons providing services or materials in the performance of the Prime Contract and/or any subcontract from April 25, 2017 to April 25, 2019 that the Owner intends to release MARCO’S requested holdback upon the expiration of 30 days from the date of this notice.

Any persons having outstanding claims against MARCO, or subcontractors to MARCO, in relation to the Project, in order to make a claim for payment against holdback monies certified as owing up to April 25, 2019, are instructed to notify the Owner in writing within 30 days of the date of this notice by registered mail or courier at the following address. Owner: Facilities Management Building FM-2040, Project Management Office, 14 Phelan Rd, St. John’s, NL A1C 587 Attention: Kirk Saunders. Pursuant to

section 12.3(1) and (2) of the Act, any proceedings to enforce a claim for lien of a contractor, subcontractor, or other person providing services or materials under the Prime Contract or a subcontract from April 25, 2017 to April 25, THE NEWFOUNDLAND AND LABRADOR GAZETTE February 21, 2020 40

2019 must be commenced within 30 days of this notice. After that time, any lien for services or materials provided under the Prime Contract or a subcontract on or before April 25, 2019 will expire, in accordance with the Act. Any claims for liens regarding services or materials provided after April 25, 2019 are not affected by

section 12.3(1) and (2), but remain subject to the other provisions of the Act regarding lien claims. M. Kirk Saunders, P.Tech, GSC Project Lead, Core Science Facility Feb 21 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION TOWN OF ST. GEORGE’S AMENDMENTS NO. 1-2019 TO THE MUNICIPAL PLAN 2011-2021AND DEVELOPMENT REGULATIONS 2011-2021 TAKE NOTICE that amendments No. 1-2019 to the TOWN OF ST.

GEORGE’S Municipal Plan 2011-2021 and Development Regulations 2011-2021, adopted on the 7th day of October, 2019 and approved on the 2nd day of December, 2019, have been registered by the Minister of Municipal Affairs and Environment. The said amendments 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 said amendments may do so at the St. George’s Town Hall at 195 Main Street, St. George’s, Newfoundland and Labrador, during normal working hours. TOWN OF ST.

GEORGE’S Jocelyn Butt, Town Clerk/Manager Feb 21 NOTICE OF REGISTRATION CITY OF ST. JOHN’S DEVELOPMENT REGULATIONS NO. 704, 2019 TAKE NOTICE that the CITY OF ST. JOHN’S amendment adopted on the 9 th day of December 2019, has been registered by the Minister of Municipal Affairs and Environment. IN GENERAL TERMS, the purpose of Development Regulations Amendment Number 704, 2019, is to rezone land at 98 Cornwall Avenue from the Residential Low Density (R1) Zone to the Residential Medium Density (R2) Zone for the development of Townhouses.

This amendment comes into effect on the date that this notice is printed in The Newfoundland and Labrador Gazette. For further information, please contact (709) 576-8220 or planning@stjohns.ca. CITY OF ST. JOHN’S Ken O’Brien, MCIP, Chief Municipal Planner Feb 21 NOTICE OF REGISTRATION TOWN OF PARADISE DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2019 TAKE NOTICE that the TOWN OF PARADISE Development Regulations Amendment No. 2, 2019, adopted on the 4th day of February, 2020, has been registered by the Minister of Municipal Affairs and Environment.

IN GENERAL TERMS, this Development Regulations Amendment adds ‘Child Care’ to the permitted uses in the Commercial General (CG) Use Zone Table of the Town of Paradise Development Regulations. This Amendment comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone wishing to inspect a copy of Development Regulations Amendment No. 2, 2019 may do so at the Paradise Town Hall, 28 McNamara Drive, during normal hours of operation. TOWN OF PARADISE Terrilynn Smith, Town Clerk Feb 21 LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries and Land Resources, Agriculture and Lands Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Alexander Bay for the purpose of an intrusion of the shoreline reservation for a residence. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: http://www.ma.gov.nl.ca/ lands/sec7notifications.html. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries and Land Resources website, Crown Lands, http://www. ma.gov.nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca THE NEWFOUNDLAND AND LABRADOR GAZETTE February 21, 2020 41

● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Feb 21 NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries and Land Resources, Agriculture and Lands Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Middle Brook River for the purpose of an intrusion of the shoreline reservation for a walking trail. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: http://www.ma.gov.nl.ca/ lands/sec7notifications.html. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries and Land Resources website, Crown Lands, http://www. ma.gov.nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Feb 21 NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries and Land Resources, Agriculture and Lands Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Wolf Island, Bonavista Bay for the purpose of an intrusion of the shoreline reservation for an intrusion of residence. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: http://www.ma.gov.nl.ca/ lands/sec7notifications.html. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries and Land Resources website, Crown Lands, http://www. ma.gov.nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Feb 21 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of MAXWELL DA VID KENNEDY , Late of St. John’s, in the Province of Newfoundland and Labrador, Deceased.

ALL PERSONS claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by blood, legal adoption or marriage) upon or affecting, the Estate of MAXWELL DA VID KENNEDY , Gentleman, who died at St. John’s, NL on or about January 23, 2020, are hereby requested to send particulars thereof in writing, duly THE NEWFOUNDLAND AND LABRADOR GAZETTE February 21, 2020 42

attested, to: Office of the Public Trustee, Viking Building, Suite 401 - 136 Crosbie Road, St. John’s, NL A1B 3K3. Particulars will be received by the Public Trustee, as Administrator of the Estate of MAXWELL DA VID KENNEDY , on or before March 23, 2020, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at the City of St. John’s, in the Province of Newfoundland and Labrador, this 21st day of February, 2020.

OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of MAXWELL DA VID KENNEDY ADDRESS FOR SERVICE: Viking Building Suite 401 - 136 Crosbie Road St. John’s, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 Feb 21 ESTATE NOTICE IN THE MATTER OF the Estate of CARL V AUGHAN LACEY , Late of St. John’s, in the Province of Newfoundland and Labrador, Deceased. All persons claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by blood, legal adoption or marriage) upon or affecting, the Estate of CARL V AUGHAN LACEY , Gentleman, who died at St.

John’s, NL on or about May 9, 2019, are hereby requested to send particulars thereof in writing, duly attested, to: Office of the Public Trustee, Viking Building, Suite 401 - 136 Crosbie Road, St. John’s, NL A1B 3K3. Particulars will be received by the Public Trustee, as Administrator of the Estate of CARL V AUGHAN LACEY , on or before March 23, 2020, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at the City of St. John’s, in the Province of Newfoundland and Labrador, this 21st day of February, 2020.

OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of CARL V AUGHAN LACEY ADDRESS FOR SERVICE: Viking Building Suite 401 - 136 Crosbie Road St. John’s, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 Feb 21 ESTATE NOTICE IN THE MATTER OF the Estate of GEORGE FREEMAN UPSHALL, L ate of Placentia, in the Province of Newfoundland and Labrador, Deceased.

All persons claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by blood, legal adoption or marriage) upon or affecting, the Estate of GEORGE FREEMAN UPSHALL, Gentleman, who died at Placentia, NL on or about July 25, 2019, are hereby requested to send particulars thereof in writing, duly attested, to: Office of the Public Trustee, Viking Building, Suite 401 - 136 Crosbie Road, St. John’s, NL A1B 3K3.

Particulars will be received by the Public Trustee, as Administrator of the Estate of GEORGE FREEMAN UPSHALL, on or before March 23, 2020, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at the City of St. John’s, in the Province of Newfoundland and Labrador, this 21st day of February, 2020. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of CARL V AUGHAN LACEY ADDRESS FOR SERVICE: Viking Building Suite 401 - 136 Crosbie Road St.

John’s, NL A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 Feb 21 THE NEWFOUNDLAND AND LABRADOR GAZETTE February 21, 2020 43

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 95 ST. JOHN’S, FRIDAY , FEBRUARY 21, 2020 No. 08 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 9/20 NLR 10/20

NEWFOUNDLAND AND LABRADOR REGULATION 9/20 Public Health Protection and Promotion Regulations (Amendment) under the Public Health Protection and Promotion Act (Filed February 20, 2020) Under the authority of

section 60 of the Public Health Protection and Promotion Act, I make the following regulations. Dated at St. John’s, February 19, 2020. Dr. John Haggie Minister of Health and Community Services REGULATIONS Analysis 1. S.6 Amdt. Duty to report communicable disease 2. Sch. A Amdt. 1. Subsection 6(1) of the Public Health Protection and Promotion Regulations is amended by adding immediately after paragraph (

b) the following: (b.1) COVID-19; 2.

Schedule A of the regulations is amended by adding immediately below the reference "Clostridi um Difficile" the reference "COVID-19". ©Queen's Printer NLR 42/19 51 The Newfoundland and Labrador Gazette February 21, 2020

53 The Newfoundland and Labrador Gazette February 21, 2020 NEWFOUNDLAND AND LABRADOR REGULATION 10/20 Labour Standards Regulations (Amendment) under the Labour Standards Act (Filed February 21, 2020) Under the authority of sections 26 and 27 of the Labour Standards Act, the Lieutenant -Governor in Council makes the following regulations. Dated at St. John’s, February 20, 2020. Elizabeth Day Clerk of the Executive Council REGULATIONS Analysis 1. S.8 Amdt. Minimum wage rate 1. Paragraph 8(2)(

b) of the Labour Standards Regulations is repealed and the following substituted: (

b) rounding that amount up to the nearest $0.05. ©Queen's Printer CNLR 781/96 as amended

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 21, 2020 55 Index

PART I Lands Act – Notices .........................................................................................................................................................................41 Mechanics Lien Act – Notice ...........................................................................................................................................................40 Public Trustee Act - Supreme Court of Newfoundland and Labrador – Notice ..............................................................................39 Trustee Act – Notices ......................................................................................................................................................................42 Urban and Rural Planning Act, 2000 – Notices ..............................................................................................................................41

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Public Health Protection and Promotion Act Public Health Protection and Promotion Regulations (Amendment) NLR 9/20 Amends NLR 42/19 S.6 Amdt. Sch. A Amdt. Feb 21/20 p. 51 Labour Standards Act Labour Standards Regulations (Amendment) NLR 10/20 Amends CNLR 781/96 S.8 Amdt. Feb 21/20 p. 53

The Newfoundland and Labrador Gazette is published from the Office of the 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 PDF format or as a MSWord file. When this is not possible, advertisements must be either, typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed.

Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca. Subscription rate for The Newfoundland and Labrador Gazette is $144.38 for 52 weeks plus 15% HST ($166.04). Weekly issues, $3.47 per copy, plus 15% HST ($3.99) payable in advance. All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6, Telephone: (709) 729-3649, Fax: (709) 729-1900.

Web Site: www.gov.nl.ca/snl/printer/gazette/weekly-issues The Newfoundland and Labrador Gazette Advertising Rates Prices effective July 1, 2016 Notices Rate 15% HST Total Lands Act - Notice of Intent - 1 week $31.13 $4.67 $35.80 Motor Carrier Act - Notice - 1 week $39.90 $5.99 $45.89 Trustee Act - Estate Notice - 1 week $34.65 $5.20 $39.85 Trustee Act - Estate Notice - 2 weeks $62.37 $9.36 $71.73 Trustee Act - Estate Notice - 3 weeks $91.25 $13.69 $104.94 Trustee Act - Estate Notice - 4 weeks $118.97 $17.85 $136.82 All other public notices required by law to be published in The Newfoundland and Labrador Gazette, eg., Corporations Act, Municipalities Act, Quieting of Titles Act, Urban and Rural Planning Act, etc., are priced according to size: for Single Column $3.47 per cm or Double Column $6.93 per cm, plus 15% HST.

For quotes please contact the Office of the Queen’s Printer queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 THE NEWFOUNDLAND AND LABRADOR GAZETTE February 21, 2020 56

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2020-02-21
Type	gazette
Volume / chapter	nlg20200221
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e4fb8e60ee1ed60a5df4efcb9881437409478dcd

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