Newfoundland and Labrador Gazette, Part I — 26 January 2024, Vol. 99, No. 4 — Labour Standards Act Notice; Mineral Act Notice

NLG 2024-01-26

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 99 ST. JOHN’S, FRIDAY, JANUARY 26, 2024 No. 4 27 LABOUR STANDARDS ACT NOTICE TAKE NOTICE that, pursuant to

section 8 of the Labour Standards Regulations, the minimum wage rate as of April 1, 2024 will be $15.60 and, pursuant to

section 9 of the Labour Standards Regulations, the overtime wage rate as of April 1, 2024 will be $23.40. HONOURABLE BERNARD DA VIS Minister of Environment and Climate Change Jan. 26 SUPREME COURT OF NEWFOUNDLAND AND LABRADOR RULES OF THE SUPREME COURT, 1986 PRACTICE NOTE P.N. No. 2024-01 DATE ISSUED: January 26, 2024 RULES AFFECTED: Rule 4A EFFECTIVE DATE: February 26, 2024 PREVIOUS PRACTICE NOTES REVISED: N/A

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 26, 2024 28 The following Practice Note is published pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986. AMENDMENTS TO THE RULES OF THE SUPREME COURT, 1986: PSEUDONYM ORDERS UNDER RULE 4A Background and Purpose 1. Pursuant to approval of the Rules Committee of the Supreme Court, amendments to the Rules of the Supreme Court, 1986 (the “Rules”), are coming into force on February 26, 2024. 2. The newly created Rule 4A establishes a process by which parties may file an application for a Confidentiality Order.

These can be orders that seal a Court record, restrict publication of information in the matter, or otherwise provide for all or part of the confidentiality of a particular file. 3. Rule 4A shall specifically read: 4A - ACCESS TO COURT RECORDS Confidentiality orders 4A.01

(1) Subject to subrule (5), the Court may, on application or on its own motion, make an order (

a) sealing a court document or an exhibit filed in a proceeding; (

b) restricting access to the sound recording of all or part of a proceeding; (

c) restricting publication of some or all information about a proceeding; (

d) permitting a person referred to in a document to be identified by a pseudonym; or (

e) otherwise providing for the confidentiality of the court record.

(2) A person may, when applying for an order under subrule (1), make a written request to a judge, on an ex parte basis, for an interim order for relief under subrule (1).

(3) Subject to subrule (5), the Court may, upon receipt of a written request for an interim order, make an order restricting access to the record of the application, and to any other record sought to be made the subject of the order, for such time as is required to give notice of the application and bring the application to a hearing.

(4) Subject to subrule (5), the Court may extend the time provided by an interim order made pursuant to subrule (3), and the judge who hears an application for an order pursuant to subrule (1), may give directions about access to the records in issue pending determination of the application.

(5) The Court may only make an order pursuant to this rule where it is satisfied that it is in accordance with law to do so, including s. 2(

b) of the Canadian Charter of Rights and Freedoms and the open court principle. 4. In light of the foregoing, the Court issues the following Practice Note to provide standard language and further guidance for parties applying for a Pseudonym Order. Practice Note: 5. Parties seeking a Pseudonym Order should file their Confidentiality Application concurrently with their originating documents. The Court has the authority to make an order restricting access to both the underlying Application and the Confidentiality Application prior to determination of the request for a Pseudonym Order. 6.

Where the Application requesting a Pseudonym Order is filed concurrently with originating documents, the accompanying Draft Order shall provide that:

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 26, 2024 29 (

a) The [Plaintiff/Applicant] may commence their [action/application] using a pseudonym of [proposed pseudonym]; (

b) Further pleadings and documents filed hereafter shall be entitled with the pseudonym [proposed pseudonym] as [Plaintiff/Applicant]; (

c) The [Affidavit, letter or report] of [the professional supporting the application] shall be sealed. Should the author be called as a witness at trial, the admission of the [Affidavit, letter or report] into evidence in any form will be determined by the trial judge; (

d) Aside from the [Affidavit, letter or report] referred to above, all documentation before the court that references the [Plaintiff/Applicant’s] true name shall be sealed and a copy shall be filed with identifying details redacted or obscured thereon; (

e) That the [Defendant/Respondent] shall be served with notice of the Pseudonym Order alongside service of the [Statement of Claim/Originating Application]. The [Defendant/Respondent] shall be served with copies of the [Statement of Claim/Originating Application] in both anonymized and un-redacted versions; (

f) That the [Defendant/Respondent] is barred from filing any document that references the [Plaintiff/ Applicant’s] true name, and they are barred from publishing or otherwise distributing that identity to any person in any way or from publishing or otherwise distributing any information that could reasonably suggest their true identity; and, (

g) All parties to the action shall have leave to seek further directions with respect to this Order, as may be required from time to time. 7. In the event a party requests a Pseudonym Order after originating documents have already been filed, the above clauses may be altered as appropriate to the circumstances. Authorized by: Raymond P. Whalen CHIEF JUSTICE OF THE SUPREME COURT Susan Foss REGISTRAR OF THE SURPEME COURT Jan. 26 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, RSNL1990 cM-12 as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 23256M held by Almar Consultants Mineral License 23882M held by CMC Metals Ltd. Mineral License 24197M held by Roy French Mineral License 25380M held by Jason White Mineral License 26307M held by Tenacity Gold Mining Company Ltd. Mineral License 26329M held by Tenacity Gold Mining Company Ltd. Mineral License 26330M held by Tenacity Gold Mining Company Ltd. Mineral License 26331M held by Tenacity Gold Mining Company Ltd.

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 26, 2024 30 Mineral License 26332M held by Tenacity Gold Mining Company Ltd. Mineral License 26418M held by Tenacity Gold Mining Company Ltd. Mineral License 26672M held by Edge Exploration Mineral License 26683M held by Triassic Properties Ltd. Mineral License 26686M held by Edge Exploration Ltd.

Mineral License 30902M held by Eddie Quinlan Mineral License 31142M held by Greg Campbell Mineral License 31163M held by Jason White Mineral License 31179M held by Mineral License 31181M held by Greg Campbell Mineral License 31182M held by Greg Campbell Mineral License 31274M held by Cartier Iron Corporation Mineral License 31368M held by CMC Metals Ltd.

Mineral License 31385M held by Jeffrey Martin Mineral License 31579M held by Edge Exploration Mineral License 31580M held by Edge Exploration Mineral License 31582M held by Edge Exploration Mineral License 31709M held by Mike Noseworthy Mineral License 32947M held by Marvel Discovery Corporation Mineral License 32948M held by Marvel Discovery Corporation Mineral License 32949M held by Marvel Discovery Corporation Mineral License 33011M held by Marvel Discovery Corporation Mineral License 33200M held by Judy Taylor Mineral License 33204M held by Falcon Gold Corp.

Mineral License 33213M held by Judy Taylor Mineral License 33365M held by Judy Taylor Mineral License 33371M held by Galloper Gold Corp. Mineral License 33372M held by Galloper Gold Corp. Mineral License 33373M held by Galloper Gold Corp. Mineral License 33374M held by Galloper Gold Corp. Mineral License 33375M held by Galloper Gold Corp. Mineral License 33464M held by Galloper Gold Corp. Mineral License 33464M held by Judy Taylor Mineral License 33791M held by Darold Perrier Mineral License 34812M held by Stanley H.B. Squires Mineral License 34813M held by Stanley H.B. Squires

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 26, 2024 31 Mineral License 34818M held by Clarence Collins Mineral License 34905M held by Andrew Quinlan Mineral License 34965M held by Stephen Sheppard Mineral License 34982M held by Walter Sweetapple Mineral License 35605M held by Brandon Quinlan Mineral License 35066M held by Lai Lai Chan Mineral License 35068M held by Greg Pittman Mineral License 35653M held by Puddle Pond Resources Inc.

The lands covered by this notice except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/2004, 78/06, 8/08, 28/09, 5/13, 3/17, 12/22 and 76/23 and outlined on 1:50 000 scale digital maps maintained by the Department of Industry, Energy and Technology, 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 INDUSTRY, ENERGY AND TECHNOLOGY Trina Adams, Mineral Claims Recorder Jan. 26 MUNICIPALITIES ACT, 1999 NOTICE OF ADOPTION TOWN OF PARADISE TOWN OF PARADISE COMMERCIAL VEHICLE REGULATIONS AMENDMENT, 2023 TAKE NOTICE that the TOWN OF PARADISE Council has enacted TOWN OF PARADISE COMMERCIAL VEHICLE REGULATIONS AMENDMENT, 2023 , under the authority conferred by the Municipalities Act, 1999, SNL 1999, cM-24,

Section 414 (2) (t). In accordance with

Section 413 (1) of the Act, TOWN OF PARADISE COMMERCIAL VEHICLE REGULATIONS AMENDMENT, 2023 was adopted by the majority of vote of Council at the meeting held on the 4 th day of July, 2023. This Amendment shall come into effect on the 26 th day of January, 2024. IN GENERAL TERMS, this Amendment makes changes to sections as described below: •

Section 2(c) - Definition of “Commercial Vehicle” changed to include maximum gross weight. •

Section 2(e) - “Fully Serviced Lot” definition deleted. •

Section 5.a – amended, now

Section 5. •

Section 5.c deleted. •

Section 5.d.i – amended, now

Section 7(a). •

Section 5.d.iii – amended, now

Section 7(c). •

Section 8 Lot Size added. •

Section 9 Limit added. •

Section 10 School Bus added. These changes will make the

interpretation and enforcement of the Regulations easier and in line with other neighbouring municipalities. Any person wishing to inspect a copy of TOWN OF PARADISE COMMERCIAL VEHICLE REGULATIONS AMENDMENT, 2023 may do so at the Paradise Town Hall, 28 McNamara Drive, Paradise, during normal hours of operation or by visiting www.paradise.ca. TOWN OF PARADISE Terrilynn Smith, Town Clerk Jan. 26 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, Forestry and Agriculture 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 Goose Cove, Bonavista Bay, for the purpose of a wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 26, 2024 32 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, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/ , to the Minister of Department of Fisheries, Forestry and Agriculture 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.) Jan. 26 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, Forestry and Agriculture 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 Loon Bay, for the purpose of a floating wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

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, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/ , to the Minister of Department of Fisheries, Forestry and Agriculture 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.

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

section 7(2) (

c) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Parsons Pond River, for the purpose of a Lodge/ Nightclub/Building. 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: https://www.gov.nl.ca/ffa/lands/sec7notifications/. 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, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/ , to the Minister of Department of Fisheries, Forestry and

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 26, 2024 33 Agriculture 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.) Jan. 26 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, Forestry and Agriculture 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 Neary’s Pond, Portugal Cove, for the purpose of a wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture 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 Number Two Pond, for the purpose of a wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

THE NEWFOUNDLAND AND LABRADOR GAZETTE January 26, 2024 34 ● 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.) Jan. 26

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 99 ST. JOHN’S, FRIDAY, JANUARY 26, 2024 No. 4 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 3/24 NLR 4/24

17 The Newfoundland and Labrador Gazette January 26, 2024 NEWFOUNDLAND AND LABRADOR REGULATION 3/24 Film and Video Industry Tax Credit Regulations (Amendment) under the Income Tax Act, 2000 (O.C. 2024-014) (Filed January 25, 2024) Under the authority of

section 68 of the Income Tax Act, 2000, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, January 22, 2024. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. S.7 Amdt. Tax credit 2. Commencement 1. (1) Subsection 7(3) of the Film and Video Industry Tax Credit Regulations is repealed and the following substituted:

(3) The aggregate of all tax credits in respect of an eligible project shall not exceed the lesser of NLR 3/99 as amended

18 The Newfoundland and Labrador Gazette January 26, 2024 Film and Video Industry Tax Credit Regulations (Amendment) 3/24 (a) 25% of the total production costs of the eligible project; and (b) $4,000,000. (2) Subsection 7(3) of the regulations is repealed and the following substituted:

(3) The aggregate of all tax credits in respect of an eligible project shall not exceed the lesser of (a) 25% of the total production costs of the eligible project; and (b) $5,000,000. (3) Subsection 7(4) of the regulations is repealed. 2.

(1) S ubsections 1(1) and (3) of th ese regulations are considered to have come into force on April 1, 2013. (2) Subsection 1(2) of these regulations is considered to have come into force on July 1, 2021. ©King's Printer Commencement

19 The Newfoundland and Labrador Gazette January 26, 2024 NEWFOUNDLAND AND LABRADOR REGULATION 4/24 Rules of Supreme Court, 1986 (Amendment) under the Judicature Act (Filed January 25, 2024) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Supreme Court make the following rules. Dated at St. John’s, January 15, 2024. Raymond P. Whalen Chairperson, Rules Committee RULES Analysis 1. Rule 4A Added RULE 4A - Access to Court Records 4A.01 Confidentiality orders 2. Rule 29.05 Amdt. Service of application 3. Rule 39.10 R&S Consequences of failing to file documents 4. Rule 39B.03 Amdt. Documents to be filed before settlement conference 5. Rule F14.03 Amdt. First case management hearing 6. Rule F15.01 R&S Scope of

section

20 The Newfoundland and Labrador Gazette January 26, 2024 Rules of Supreme Court, 1986 (Amendment) 4/24 7. Rule F32 R&S Rule F32 – Evidence and Affidavits F32.01. What evidence the court may consider F32.02. Format for affidavits F32.03. What information may be contained in an affidavit 8. Rule F37A Added Rule F37A - Adult Protec tion Proceedings F37A.01 Proceedings 9. Forms Amdt. 10. Commencement 1. The Rules of the Supreme Court, 1986 are amended by adding immediately after Rule 4 the following: Rule 4A - Access to Court Records 4A.01

(1) Subject to subrule (5), the Court may, on application or on its own motion, make an order (

a) sealing a court document or an exhibit filed in a proceeding; (

b) restricting access to the sound recording of all or part of a proceeding; (

c) restricting publication of some or all information about a proceeding; (

d) permitting a person referred to in a document to be identified by a pseudonym; or (

e) otherwise providing for the confidentiality of the court record.

(2) A person may, when applying for an order under subrule (1), make a written requ est to a judge, on an ex parte basis, for an interim order for relief under subrule (1).

21 The Newfoundland and Labrador Gazette January 26, 2024 Rules of Supreme Court, 1986 (Amendment) 4/24 may give directions about access to the records in issue pending determination of the application.

(5) The Court may only make an order pursuant to this rule where it is satisfied that it is in accordance with law to do so, including s. 2(

b) of the Canadian Charter of Rights and Freedoms and the open court principle. 2. The rules are amended by deleting the word “or” at the end of Rule 29.05(3)(e ), replacing the period at the end of Rule 29.05(3)(

f) with a semicolon, and adding immediately after Rule 29.05(3)(

f) the following: (

g) make the order sought on the application, where the Court determines that it is unnecessary to set a further hearing date; or (

h) make any other order the Court deems just. 3. Rule 39.10 is repealed and the following substituted: 39.10 Where counsel or a party fails to file documents required for a conference before the dead line for filing set out in the Rules, a judge may make an order as to costs that is considered just or, in appropriate circumstances, set the matter for a hearing in Court with respect to costs. 4. The r ules are amended by adding immediately after Rule 39B.03(1) the following:

(1.1) Should any party to the settlement conference not file their brief within the timeline allotted in paragraph (1), the Registrar shall remove the matter from the Settlement Conference List. 5. Rule F14.03(1)(b)(ii) is repeal ed and the following substituted: (ii) the applicant files a Request for Case Management in Form F14.04A provided that the applicant has filed an affidavit of service showing that the Originating Consequences of failing to file documents

22 The Newfoundland and Labrador Gazette January 26, 2024 Rules of Supreme Court, 1986 (Amendment) 4/24 Application has been served and the time for filing a Response has expired. 6. Rule F15.01 is repealed and the following substituted: F15.01

(1) It is the obligation of all parties and their counsel to move their matter forward to final resolution in a just, timely and cost effective manner.

(2) Interim applications provide a mechanism for parties to obtain temporary relief between the filing of their Originating Application, Originating Application for Variation, Response, or Reply and the time of final resolution, on issues which require a court order prior to final resolution.

(3) This

section sets out the procedure governing interim applications, which include applications for an order of a judge in an ongoing proceeding or, for the purpose of providing directions or giving effect to a final order, following final judgment.

(4) Despite subrule (3), this

section does not govern how to start an application to vary a final order, which must be started under rule F5 ("How to Apply to Vary a Final Order"). 7. Rule F32 is repealed and the following substituted: Rule F32 - Evidence and Affidavits F32.01

(1) A judge may decide an issue on oral or affidavit evidence or in a manner that the judge conducting a hearing or trial considers appropriate.

(2) At tr ial, the judge may consider any pleading or other document filed in accordance with this part and properly included in a Court file of which the other party has notice, unless a party has raised an objection to the document’s admissibility at a prior case management hearing, at a trial readiness conference, or prior to the start of the trial and a judge has determined that the document should not be considered. Scope of

section What evidence the court may consider

23 The Newfoundland and Labrador Gazette January 26, 2024 Rules of Supreme Court, 1986 (Amendment) 4/24

(3) Subrule (2) does not apply to pleadings or other documents that have been filed on an applic ation under rules F16 ("Interim Applications without Notice for a Procedural Order") or F17 ("Emergency Interim Application (Getting a Temporary Order)"), unless a hearing with notice to the parties was held in relation to the application. F32.02

(1) Unless otherwise ordered, an affidavit must be in Form F32.02A.

(2) An affidavit shall be 12 or less consecutively numbered, single-sided pages with 12 -point font and line spacing of one and one - half or more.

(3) Attachments to affidavits shall not exceed 10 pages. F32.03

(1) A person signing an affidavit must only set out facts of which they have personal knowledge, except where this rule provides otherwise.

(2) An affidavit may contain information that the person learned from someone else if (

a) the affidavit is to be used on an interim application, or for a matter which will not determine the final outcome of the proceeding; and (

b) the source of the information is identified by nam e, the affidavit states that the person signing it believes the information is true, and the circumstances that justify the use of information learned from someone else are stated.

(3) Where an affidavit does not comply with this rule, a judge may (

a) disregard all or part of that affidavit; and (

b) make any order the judge considers appropriate. Format for affidavits What information may be contained in an affidavit

24 The Newfoundland and Labrador Gazette January 26, 2024 Rules of Supreme Court, 1986 (Amendment) 4/24

(4) Where an affidavit contains material that is irrelevant, that may delay the trial or make it difficult to have a fair trial, or that is unnecessary or an a buse of the Court process, a judge may, at the request of a party or at their own discretion, (

a) disregard all or part of that affidavit; and (

b) make any order the judge considers appropriate.

(5) Where an affidavit or part of an affidavit has been disregarded under this rule, an opposing party who has filed an affidavit in response to the offending material may be awarded costs of filing that affidavit to be paid as between lawyer and client. 8. The r ules are amended by adding immediately after Rule F37 the following: Rule F37A - Adult Protection Proceedings F37A.01

(1) To the extent that the procedure or time limits in this Part are inconsistent with the Adult Protection Act, 2021 , the provisions of the Act will apply.

(2) Any hearing under the Adult Protection Act, 2021, must be (

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

b) scheduled as expeditiously as the

schedule of the Court allows and as fairness to the parties and affected persons requires; and (

c) held in private unless otherwise ordered by a judge.

(3) A person who has been provided notice of a hearing in accordance with the Adult Protection Act, 2021, is entitled to attend that hearing unless otherwise ordered by a judge.

(4) A judge may make any order under rule F14.07 ("Powers of case management judge") not inconsistent with the Adult Protection Proceedings

25 The Newfoundland and Labrador Gazette January 26, 2024 Rules of Supreme Court, 1986 (Amendment) 4/24 Act, 2021, that may assist in focusing an adult protection hearing on the matters in dispute.

(5) An application under the Adult Protection Act, 2021 , must be started by filing the original and one copy of an application.

(6) Notwithstanding any provision under this Part respecting a document’s form, parties to a proceeding under the Adult Protection Act, 2021, need not use the Forms applicable to proceedings under the Supreme Court Family Rules.

(7) Any subsequent application for an order relating to an adult who is or may be an adult in need of protective intervention must be given the same file number as the original application respecting that adult where the application is made in the same judicial centre.

(8) An application relating to an adult who is or may be in need of protective intervention must identify any other court order or application respecting custody or guardianship of the estate or pers on of that adult, if known. 9. The r ules are amended by repealing and substituting the following forms: (

a) F4.03A; (

b) F4.04A; (

c) F5.05A; (

d) F5.06A; (

e) F6.02A; (

f) F6.06A; and (

g) F32.02A.

26 The Newfoundland and Labrador Gazette January 26, 2024 Rules of Supreme Court, 1986 (Amendment) 4/24 10. These regulations come into force on February 26, 2024. ©King's Printer Commencement

27 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.03A: Originating Application (Family Law) – Instructions for the Applicant Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 1 of 1 How to Make an Originating Application Instructions for the Applicant An Originating Application (Form 4.03A) is a document you must use to start a family law court proceeding. Your Originating Application tells the Court that there are family law issues that you would like to have resolved. If you start an Originating Application, you are the Applicant.

The other person is the Respondent. If you are making an application together with the other person (ie. a joint application), you cannot use this form. You must do a Joint Originating Application (Form F4.04A). Completing Your Originating Application You can fill out this form by hand or you can download and fill out this form electronically at https://www.court.nl.ca/supreme/rules-practice-notes-and-forms/family/general/ (If you fill out the form electronically, you must still print the form, file it with the Court, and serve a copy on the Respondent).

You must fill out pages 1 -5 of the Originating Application and attach any schedules and additional forms that apply to you. If you need more space to fill out any

section of this Originating Application, attach an extra page and indicate which

section is continued on the extra page. Filing Your Originating Application You must make 3 extra copies of your completed and signed Originating Application (including any additional documents). To file your Originating Application, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you (with the filing fee attached). You can look up the fees online: https://www.court.nl.ca/supreme/schedule-of-fees/ Serving Your Originating Application You must give a copy of th e Originating Application to the Respondent. This is called service.

You have 180 days to serve the Respondent after you have filed the Application. If you do not serve the Application in 180 days, it will expire and you may have to file a new Originating Application. If your Application involves divorce and/or parenting, an adult (who is not you) must hand-deliver the Application to the Respondent. This is called personal service. You will have to file an Affidavit of Service (Form F8.03A) with the Court.

If your Application does not involve divorce or parenting, you can serve the Respondent by personal service, leaving a copy with the Respondent’s lawyer, leaving a copy at the Respondent’s address, registered mail/courier, or regular mail. You can also serve by fax, email, or e lectronic document exchange , if the Respondent has provided that information. You will have to file an Affidavit of Service (Form F8.03A), Acknowledgement of Service (Form F8. 04A), a copy of the document with the recipient’s lawyer’s endorsement on it, a reply email, or a delivery confirmation with the Court. More Information Questions?

Go to https://www.court.nl.ca/supreme/family-division/ or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St. John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding or getting a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911 --- REMOVE THIS PAGE BEFORE SERVING THE APPLICATION ON THE RESPONDENT ---

28 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.03A: Originating Application (Family Law) – Instructions for the Respondent Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 1 of 1 How to Respond to an Originating Application Instructions for the Respondent A family law proceeding has been started against you. You are the Respondent in this proceeding. The person who has started this family law proceeding is the Applicant. Read the attached Originating Application (Form F4.03A) carefully.

The Applicant has explained the family law issues that they would like to have resolved. If you want to oppose any of the Applicant’s claims or if you want to make your own claims, you must file and serve a Response (Form F6.02A). You can get a Response form at any Supreme Court location or online: https://www.court.nl.ca/supreme/rules- practice-notes-and-forms/family/general/ You have only 30 days after this Originating Application has been served on you to file and serve your Response (You have 60 days if you have been served outside of Canada or the United States).

For more information on how to fill out, file, and serve a Response, read the “Instructions for the Respondent” page attached to the Response form. If you do not respond, the Court may proceed and make an order without hearing from you. More Information Questions? You can go to https://www.court.nl.ca/supreme/family-division/ or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

29The Newfoundland and Labrador Gazette January 26, 2024 Form F4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 1 Form F4.03A: Originating Application (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

Registry Clerk of the Supreme Court of Newfoundland and Labrador BETWEEN: APPLICANT (Print full name) AND: RESPONDENT (Print full name) AND:  NOT APPLICABLE  SECOND APPLICANT  SECOND RESPONDENT (Print full name) You must start your application at the Court location that is closest to you or closest to the other party. However, if your family law matter involves parenting or child support, you must start your application at the Court location that is closest to where your children live.

Check off where your application is required to be heard and note the location where you must file your documents: If your application is required to be heard in… …then you must file your documents in…  Clarenville (Grand Bank Circuit) Grand Bank Supreme Court  Corner Brook Corner Brook Supreme (Family Division)  Gander Gander Supreme Court  Grand Bank Grand Bank Supreme Court  Grand Falls – Windsor Grand Falls – Windsor Supreme Court  Happy Valley – Goose Bay Happy Valley – Goose Bay Supreme Court  Port aux Basques (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Rocky Harbour (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St.

Anthony (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  St. John’s St. John’s Supreme Court (Family Division)  Stephenville (Corner Brook Circuit) Corner Brook Supreme Court (Family Division)  Wabush (Happy Valley – Goose Bay Circuit) Happy Valley – Goose Bay Supreme Court

30 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 2 Check the type of order(

s) that you are seeking: You must fill out the Schedule(

s) that relate to your claim(

s) and attach any additional forms or documents required. Type of Order Fill Out

Schedule Attach Divorce 1 Original marriage certificate Parenting (Decision-making and parenting time) 2 - Contact Order / Third Party Time with Child* 3 - Child Support 4 Financial Statement (Form F10.02A) and/or income information, if applicable Spousal (married) Support or Partner (unmarried) Support 5 Financial Statement (Form F10.02A) Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 5 Financial Statement (Form F10.02A)  Division of Matrimonial (married) Property, Common Law (unmarried) Property, or Property under the FHRMIR Act 6 Property Statement (Form F10.04A) Return of Child (within Canada) 7 Emergency Interim Application (Form 17.03A) if applicable Consent Order or Agreement 8 Signed consent order or agreement Other: ___________________________________ 8 - *Under the Divorce Act, a judge’s permission is required to make an application for a Contact Order.

Once received, your application will first be considered by a judge to determine if it may proceed.

31 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 3 Applicant Information Fill in your information below. Note: If you have safety concerns and do not want to provide your contact information, you may provide alternate contact information below. You must still provide the Court with your actual contact information in a sealed envelope. This envelope will not be available to the other party.

Current Last Name Last Name at Birth: First Name Last Name the Day before the Day of Marriage: Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email. Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Will you need an interpreter in court?*  Yes  No If yes, state the language and dialect: Lawyer’s name, office address, email address, telephone number and fax number (if any) * Please note that you must arrange to have a qualified interpreter appear in court and you will be responsible for any fees associated with this, unless a judge orders otherwise.

32 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 4 Respondent Information Fill in the Respondent’s information below (to the best of your knowledge).

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Is the Respondent a registered Indian under the Indian Act?  Yes  No If yes, what is the name of the Respondent’s band? Does the Respondent live on a reserve?

Lawyer’s name, office address, email address, telephone number and fax number (if any) Fill in the information about your relationship with the Respondent: Your relationship with the Respondent Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, you were  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the Respondent was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if you are starting a proceeding against more than one Respondent.

Attach an extra page to provide the information of the other Respondent(

s) and the details of your relationship with the other Respondent(s).

33 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 5 Fill in the information for every child of your relationship (Include children under and over 19 and non-dependent children): Child 1 Child 2 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

34 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 6 Have child protection services, in this province or elsewhere, ever been involved with you, the Respondent(s), and/or any of the children listed above?  No  Yes. If yes, please provide details in the box below. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreement s involving you, the Respondent(s), and/or the children.

This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection ord ers, restraining orders, no -contact orders, safety plans, family centered action plans, and kinship care agreements or any other agreements stemming from CSSD involvement.  Check this box if not applicable.

35 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 7 (Note: This

Schedule is intended for divorce applications under the Divorce Act. If you are seeking a divorce under the Civil Marriages Act, fill out

Schedule 8.)

Schedule 1 Divorce In order to apply for a divorce, you must be able to satisfy all 4 of the requirements below: 1  There has been a breakdown in our marriage and there is no likelihood that we will get back together. 2  I am a resident of Newfoundland and Labrador and have been a resident of Newfoundland and Labrador for at least 1 year immediately prior to this application.

OR  My spouse is a resident of Newfoundland and Labrador and has been a resident of Newfoundland and Labrador for at least 1 year immediately prior to this application. 3  I have attached the original Certificate of Marriage (or Registration of Marriage) to this Application. If you were married in Canada, you can obtain your Certificate of Marriage from the provincial Vital Statistics Agency.  Check this box if your Certificate of Marriage is not in English or French. You must attach a translation and an Affidavit from the translator.

OR  I was married outside of Canada and I am unable to attach a copy of my Certificate of Marriage (or Registration of Marriage) because it is impossible or impractical to obtain. You will have to make an Interim Application for a Procedural Order (using Form F16.03A) for an Order dispensing with the need to file a Certificate of Marriage. 4  There has been no collusion in relation to this application for a divorce.

I am seeking a divorce because there has been a permanent breakdown in our marriage based upon:  Separation: Check this box if you and your spouse currently live separate and apart and will have lived separate and apart for at least 1 year prior to the determination of the divorce proceeding. If you and your spouse have been living separate and apart for less than 1 year, you may still file an Originating Application for divorce on the ground of separation.

However, you must wait until 1 year has elapsed to file an Application for Judgment for divorce.  Adultery: Check this box if you are seeking divorce because the Respondent has committed adultery. Attach an extra page with details of the adultery. You may be required to present further evidence of the adultery. You do not need to name any other person involved. If you choose to name another person, you must serve this Originating Application on that person by personal service. That other person(

s) will have the same rights as the Respondent in relation to the adultery claim and may file a Response.  Check this box to declare that you have not condoned or connived in the adultery.  Cruelty: Check this box if you are seeking divorce because your spouse has treated you with physical or mental cruelty that makes continued cohabitation intolerable. Attach an extra page with details of the cruelty. You may be required to present further evidence of the physical or mental cruelty.  Check this box to declare that you have not condoned or connived in the cruelty.

36 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 8

Schedule 2 Parenting Order If you are making an application for a parenting order (decision-making and/or parenting time), or are a person looking to step into the role of parent, fill in the information below. What are the current parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (ie. phone or internet): Other important issues in relation to parenting the child(ren):

37 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 9 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

38 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 10

Schedule 3 Contact Order/ Third Party Time with Child If you are a non-parent making an application for contact or time with a child, fill in the information below: What is your relationship to the child (i.e. grandparent, foster parent, step-parent, other relative): What contact/ time do you presently have or have you had with the child?: What contact/ time with the child are you seeking?: Are there any orders or other past or present proceedings or circumstance that may be relevant to your request for contact/ time with the child (i.e. previous convictions, involvement with child protection authorities)?: Other information that may be relevant to the court in determining whether to grant you contact/time with the child:

39 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 11

Schedule 4 Child Support Check all of the boxes that apply:  I am seeking the basic table amount as per the Child Support Guidelines.  I am seeking special and/or extraordinary expenses. You must complete and attach a Financial Statement (Form (F10.02A).  I am seeking an amount of child support that is different from the Child Support Guidelines basic table amount. Depending on your reason(

s) for seeking an amount different from the Child Support Guidelines, you may have to attach further documentation. List your reason(

s) for seeking an amount of child support different from the Child Support Guidelines:  The Respondent and I have agreed to child support in the amount of $ ______________ per month.  I have parenting time with the child(ren) for 40% or more of the year. You must complete and attach a Financial Statement (Form F10.02A).  The child(ren) is(are) 19 years of age or older. You must complete and attach a Financial Statement (Form F10.02A).  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually.

You must complete and attach a Financial Statement (Form F10.02A).  I am claiming undue hardship for the following reason(s): You must complete and attach a Financial Statement (Form F10.02A).  Other: Depending on your claim, you may be required to complete and attach a Financial Statement (Form F10.02A).  I am seeking retroactive child support. What is the amount of retroactive child support that you are seeking? $_______________________________ What is the date from which you are seeking retroactive child support? (month/day/year) ____________________ Describe the facts and your reason(

s) for seeking retroactive child support:

40 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 12

Schedule 5 Spousal, Partner, Parental, or Dependant Support If you are seeking spousal, partner, parental, or dependant support, you must complete and attach a Financial Statement (Form F10.02A) Check all of the boxes that apply and fill in the information required:  I am seeking :  Spousal support  Partner support  Parental support  Dependant support Describe the facts and your reason(

s) for seeking support:  I am seeking:  Retroactive spousal support  Retroactive partner support  Retroactive parental support  Retroactive dependant support What is the amount of retroactive support that you are seeking? $__________________________________ What is the date from which you are seeking retroactive support? (month/day/year) _______________________ Describe the facts and your reason(

s) for seeking retroactive support:

41 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 13

Schedule 6 Division of Property If you are seeking a division of matrimonial property or common law property, you must complete and attach a Property Statement (Form F10.04) Check all of the boxes that apply and fill in any information required:  I am seeking an equal division of matrimonial property.  I am seeking an unequal division of matrimonial property. Describe the facts and your reason(

s) for seeking an unequal division of property:  I am seeking exclusive possession of the matrimonial home. Describe the facts and your reason(

s) for seeking exclusive possession of the matrimonial home:  I am seeking a division of common law property. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  I am making a claim under the Family Homes on Reserves and Matrimonial Interests or Rights Act. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  Other: Describe your property claim, the facts, and your reason(

s) for seeking the claim:

42 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 14

Schedule 7 Return of Child (within Canada) If you are seeking a court order for the return of a child or children (within Canada), answer the questions below: You may provide any additional affidavit(

s) necessary. At what address does the child(ren) habitually (normally) live? Set out all of the available facts and information that you have relating to the whereabouts of the child(ren): Set out all the available facts and information that you have regarding the identity of the person that the child(ren) is/are presumed to be with: Set out your reasons for making the application:

43 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 15

Schedule 8 Other Applications If you are seeking a court order for something other than the claims requested in the other Schedules, state what you are seeking, describe the facts, and give reasons:

44 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 16 Statement of Truth You must swear or affirm that the facts and information that you have written in this Originating Application and the attached Schedule(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. Court Registry staff are commissioners of oaths and you may sign this application at the Court when you file it. I declare the facts and information in this Originating Application are true to the best of my knowledge and belief. SWORN TO or AFFIRMED at _______________________, this _________ day of _________________ , 20_____ .

Signature of Applicant Signature of Person Authorized to Administer Oaths Lawyer’s Signature for Fee Waiver I am employed by the Newfoundland and Labrador Legal Aid Commission or a Newfoundland and Labrador government department under the Executive Council Act and I am the lawyer of record in this matter. Signature of Lawyer (if any) Print Name of Lawyer (if any)

45 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 17 Party’s Certificate If you are applying for relief under the Divorce Act, you must complete this certificate.

I, ____________________________________ , (Print Party’s Name) the Applicant, certify to this Court that I am aware of the duties set out in sections 7.1 to 7.5 of the Divorce Act, which provide: 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. 7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. 7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. 7.4 A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. 7.5 For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.

DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Applicant

46 The Newfoundland and Labrador Gazette January 26, 2024 FormF4.03A – Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 18 Lawyer’s Certificate If you are applying for relief under the Divorce Act and you are represented by a lawyer, your lawyer must complete this certificate. I, ____________________________________ , the Lawyer for ______________________________________ , (Print Lawyer’s Name) (Print Applicant’s Name) the Applicant, certify to this Court that I have complied with s.7.7 of the Divorce Act, which provides: 7.7

(1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding (

a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and (

b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.

(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (

a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; (

b) to inform the person of the family justice services known to the legal adviser that might assist the person (

i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made under this Act; and (

c) to inform the person of the parties’ duties under this Act.

(3) Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that they have complied with this section. DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Lawyer Address of Lawyer

47 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A: Joint Originating Application – Instructions for Co-Applicants Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 1 of 1 How to Make a Joint Originating Application Instructions for Co-Applicants You may use a Joint Originating Application (Form F4.04A) if you and the other person(

s) consent to your family law issues and want to apply for a family law order together. If you and the other person(

s) disagree on any family law issues, you cannot use this form. Instead, you must do an Originating Application (Form F4.03A). Completing Your Joint Originating Application You can fill out this form by hand or you can download and fill out this form electronically at https://www.court.nl.ca/supreme/rules-practice-notes-and-forms/family/general/ (If you fill out the form electronically, you must still print the form and file it with the Court). You must fill out all of the pages in this Joint Originating Application and attach an agreement or a Consent Order (Form F34.02A and/or F34.02B). If you need more space to fill out any

section of this Joint Originating Application, attach an extra page and indicate which

section is continued on the extra page. Filing Your Joint Originating Application You must make 2 extra copies of your completed and signed Joint Originating Application (including any attachments). File your original Joint Originating Application with the Court. To file your Joint Originating Application, you can either bring it to a S upreme Court location near you or you can mail it to a Supreme Court location near you.

Serving Your Joint Originating Application Since all of the Co-Applicants have signed the filed Joint Originating Application, you do NOT need to serve the Joint Originating Application on the other Co-Applicant(s). However, you should still make sure all the Co-Applicants have a copy of the Joint Originating Application and all attachments. More Information Questions? Go to https://www.court.nl.ca/supreme/family-division/ or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding or getting a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

48The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 1 Form F4.04A: Joint Originating Application (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

Registry Clerk of the Supreme Court of Newfoundland and Labrador BETWEEN: CO-APPLICANT (Print full name) AND: CO-APPLICANT (Print full name) AND:  NOT APPLICABLE  CO-APPLICANT(Print full name) You must start your application at the Court location that is closest to you or closest to the other party. However, if your family law matter involves parenting or child support, you must start your application at the Court location that is closest to where your children live.

49 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 2 Check the type of order(

s) that you are seeking: You must fill out and file the Schedule(

s) and any additional documents that relate to your claim(s). Type of Order Fill Out

Schedule Attachment(s) Divorce 1 Original marriage certificate Parenting (Decision-making and parenting time) 2 Consent Order or agreement Contact Order / Third Party Time with Child* 3 - Child Support 4 Consent Order or agreement Spousal (married) Support or Partner (unmarried) Support 5 Consent Order or agreement Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 5 Consent Order or agreement Division of Matrimonial (married) Property, Common Law (unmarried) Property, or Property under the FHRMIR Act 6 Consent Order or agreement Other: ___________________________________ 7 Consent Order or agreement *Under the Divorce Act, a judge’s permission is required to make an application for a Contact Order.

Once received, your application will first be considered by a judge to determine if it may proceed.

50 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 3 Fill in the information below for the first Co-Applicant: Current Last Name Last Name at Birth: First Name Last Name the Day before the Day of Marriage: Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email.

Date of Birth Month: Day: Year: Occupation(

s) or Job(

s) Citizen / Immigration Status  Canadian Citizen  Permanent Resident  Foreign National Are you a registered Indian under the Indian Act?  Yes  No If yes, what is the name of your band? Do you live on a reserve? Will you need an interpreter in court?*  Yes  No If yes, state the language and dialect: Lawyer’s name, office address, email address, telephone number and fax number(if any) * Please note that you must arrange to have a qualified interpreter appear in court and you will be responsible for any fees associated with this, unless a judge orders otherwise.

51 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 4 Fill in the information below for the second Co-Applicant: Current Last Name Last Name at Birth: First Name Last Name the Day before the Day of Marriage: Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Please note that if you provide your email address, the Court may contact you by email.

Date of Birth Month: Day: Year: Occupation(

s) or Job(

Will you need an interpreter in court?*  Yes  No If yes, state the language and dialect: Lawyer’s name, office address, email address, telephone number and fax number (if any) * Please note that you must arrange to have a qualified interpreter appear in court and you will be responsible for any fees associated with this, unless a judge orders otherwise. Fill in the information about your relationship below: Relationship of the parties Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, the first Co-Applicant was  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the second Co-Applicant was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if there are more than 2 Co-Applicants.

Attach an extra page to provide the information of the other Co-Applicant(

s) and details of your relationship with the other Co-Applicant(s).

52 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 5 Fill in the information for every child of your relationship (Include children under and over 19 and non -dependent children): Child 1 Child 2 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are no children.  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

53 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 6 Have child protection services, in this province or elsewhere, ever been involved with any of the co-applicants and/or children listed above?  No  Yes. If yes, please provide details in the box below. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreements involving any of the co-applicants and/or children.

This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection orders, restraining orders, no-contact orders, safety plans, family centered action plans, and ki nship care agreements or any other agreements stemming from CSSD involvement.  Check this box if not applicable.

54 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 7 (Note: This

Schedule is intended for divorce applications under the Divorce Act. If you are seeking a divorce under the Civil Marriages Act, fill out

Schedule 6.)

We are seeking a divorce because there has been a permanent breakdown in our marriage based upon separation:  Check this box if the parties currently live separate and apart and will have lived separate and apart for at least 1 year prior to the determination of the divorce proceeding. If the parties have been living separate and apart for less tha n 1 year, you may still file an Application for divorce on the ground of separation. However, you must wait until 1 year has elapsed to file an Application for Judgment for divorce.

Check the box that applies to you and fill out any information needed:  There are no children of the marriage OR  Reasonable arrangements have been made for the support of the children (Give details and include your annual incomes):

55 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 8

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (ie. phone or internet): Other important issues in relation to parenting the child(ren):

56 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 9 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

57 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 10

58 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 11

Schedule 4 Child Support Check all of the boxes that apply:  We agree to the basic table amount as per the Child Support Guidelines.  We agree on special and/or extraordinary expenses.  We agree to an amount of child support that is different from the Child Support Guidelines basic table amount. What are your incomes? Co-Applicant 1’s Annual Income: $ Co-Applicant 2’s Annual Income: $ What are your reason(

s) for an amount of child support that is different from the Child Support Guidelines?  We agree to child support in the amount of $ _____________________________ per month.  Each of us has parenting time with the child(ren) for 40% or more of the year.  The child(ren) is(are) 19 years of age or older.  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually.  One or more of us is claiming undue hardship for the following reason(s):  Other:  We agree to an amount of retroactive child support. Describe the reason(

s) for retroactive child support:

59 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 12

Schedule 5 Spousal, Partner, Parental, or Dependent Support Check all of the boxes that apply and fill in the information required:  We have agreed to an amount of :  Spousal support  Partner support  Parental support  Dependent support Describe the reason(

s) for support:  We have agreed to an amount of:  Retroactive spousal support  Retroactive partner support  Retroactive parental support  Retroactive dependent support Describe the reason(

s) for retroactive support:

60 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 13

Schedule 6 Division of Property Check all of the boxes that apply and fill in any information required:  We agree to an equal division of matrimonial property.  We agree to an unequal division of matrimonial property. Describe the reason(

s) for an unequal division of property:  We agree to a division of common law property. Describe the property claim and the reason(

s) for the property claim:  We agree to a division of property under the Family Homes on Reserves and Matrimonial Interests or Rights Act. Describe your property claim, the facts, and your reason(

s) for seeking the claim:  Other: Describe the property claim and the reason(

s) for the property claim:

61 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 14

Schedule 7 Other Applications If you have come to an agreement on something other than the claims listed in the other Schedules, state what you are agreeing to and give reasons:

62 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 15 If there are more than 2 Co-Applicants, attach an extra page with the signatures required below. Statement of Truth All Co-Applicants must swear or affirm that the facts and information in this Application, the attached schedules, and the attached Consent Order(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. Court Registry staff are commissioners of oaths and you may sign this application at the Court when you file it. First Co-Applicant Second Co-Applicant I declare the facts and information in this Joint Originating Application are true to the best of my knowledge and belief. I declare the facts and information in this Joint Originating Application are true to the best of my knowledge and belief.

SWORN TO or AFFIRMED at ___________________, this ________ day of _________________ , 20_____ . SWORN TO or AFFIRMED at ___________________, this ________ day of _________________ , 20_____ . Signature of First Co-Applicant Signature of Second Co-Applicant Commissioner of Oaths / Justice of the Peace Commissioner of Oaths / Justice of the Peace

63 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 16 Party’s Certificate If you are applying for relief under the Divorce Act, each applicant must complete this certificate.

First Co-Applicant’s Certificate I, ____________________________________ , (Print Party’s Name) a Co-Applicant, certify to this Court that I am aware of the duties set out in sections 7.1 to 7.5 of the Divorce Act, which provide: 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. 7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. 7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. 7.4 A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. 7.5 For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.

DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Co-Applicant

64 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 17 Second Co-Applicant’s Certificate I, ____________________________________ , (Print Party’s Name) a Co-Applicant, certify to this Court that I am aware of the duties set out in sections 7.1 to 7.5 of the Divorce Act, which provide: 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. 7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. 7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. 7.4 A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. 7.5 For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.

DATED at _________________________________, this __________ day of ____________________ , 20______ . Signature of Co-Applicant

65 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 18 Lawyer’s Certificate If any of the Co-Applicants has a lawyer and you have applied for relief under the Divorce Act, your lawyer(

s) must complete the Certificate(

s) below. First Co-Applicant’s Lawyer I, ____________________________________ , the Lawyer for ______________________________________ , (Print Lawyer’s Name) (Print Co-Applicant’s Name) the Applicant, certify to this Court that I have complied with s.7.7 of the Divorce Act, which provides: 7.7

a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and (

(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (

b) to inform the person of the family justice services known to the legal adviser that might assist the person (

i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made under this Act; and (

c) to inform the person of the parties’ duties under this Act.

66 The Newfoundland and Labrador Gazette January 26, 2024 Form F4.04A – Joint Originating Application (Family Law) Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 19 Second Co-Applicant’s Lawyer I, ____________________________________ , the Lawyer for ______________________________________ , (Print Lawyer’s Name) (Print Co-Applicant’s Name) the Applicant, certify to this Court that I have complied with s.7.7 of the Divorce Act, which provides: 7.7

a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and (

(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act (

b) to inform the person of the family justice services known to the legal adviser that might assist the person (

i) in resolving the matters that may be the subject of an order under this Act, and (ii) in complying with any order or decision made under this Act; and (

c) to inform the person of the parties’ duties under this Act.

67 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A: Originating Application for Variation – Instructions for the Applicant Supreme Court of Newfoundland and Labrador Rules of Supreme Court, 1986 (January 2024) Page 1 of 1 How to Make an Originating Application for Variation Instructions for the Applicant You may use an Originating Application for Variation (Form F5.05A) if you want to change a final family law order or domestic contract, such as a marriage contract, separation agreement, cohabitation agreement or paternity agreement, that has been filed with the Court under s. 42 of the Family Law Act.

If you start an Originating Application for Variation, you are the Applicant. The other person is the Respondent. If you are making an applicatio n together with the other person (i.e. a joint application), you cannot use this form. You must make a Joint Originating Application for Variation (Form F5.06A).

Completing Your Originating Application for Variation You can fill out this form by hand or you can download and fill out this form electronically at https://www.court.nl.ca/supreme/rules-practice-notes-and-forms/family/general/ (If you fill out the form electronically, you must still print the form, file it with the Court, and serve a copy on the Respondent). You must fill out pages 1-5 of the Originating Application for Variation and attach any schedules and additional forms that apply to you. If you need more space to fill out any

section of this Originating Application for Variation, attach an extra page and indicate which

section is continued on the extra page. Filing Your Originating Application for Variation You must make 3 extra copies of your completed and signed Originating Application for Variation (including any attachments). File the original Originating Application for Vari ation with the Court. To file your Originating Application for Variation, you can either bring it to a Supreme Court location near you or you can mail it to a Supreme Court location near you ( with the filing fee attached ).

You can look up the fees online: https://www.court.nl.ca/supreme/schedule-of-fees/ Serving Your Originating Application for Variation Once you have filed your completed Originating Application for Variation with the Court, you must give a copy of the Application and the ‘Instructions for the Respondent’ page to the Respondent. This is called service. You have 180 days to serve the Respondent after you have filed the Application. If you do not serve the Application in 180 days, it will expire and you may have to file a new Application.

If your Application involves parenting, an adult (who is not you) must hand -deliver the Application to the Respondent. This is called personal service. If your Application does not involve parenting, you can serve the Respondent by leaving a copy with the Respondent’s lawyer, leaving a copy at the Respondent’s address, registered mail/courier, or regular mail. You may also serve the Respondent using fax, email, or electronic document exchange, if the Respondent has provided that information. You may have to file an Affidavit of Service (Form F8.03A) or Acknowledgement of Service (Form F8.04A) with the Court .

These forms are available online: https://www.court.nl.ca/supreme/rules-practice-notes-and- forms/family/general/ More Information Questions? Go to https://www.court.nl.ca/supreme/family-division/ or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St.

68 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A: Originating Application for Variation – Instructions for the Respondent Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 1 of 1 How to Respond to an Originating Application for Variation Instructions for the Respondent A family law proceeding has been started against you to vary a family law order or domestic contract. You are the Respondent in this proceeding. The person who has started this family law proceeding is the Applicant.

Read the attached Originating Application for Variation (Form F5.0 5A) carefully. The Applicant has explained the family law issues that they would like to have resolved. If you want to oppose any of the Applicant’s claims or if you want to make your own claims, you must file and serve a Response (Form F6.02A).

You can find the Response form at any Supreme Court location or online: https://www.court.nl.ca/supreme/rules-practice-notes-and-forms/family/general/ You have only 30 days after this Originating Application for Variation has been served on you to file and serve your Response (You have 60 days if you have been served outside of Canada or the United States).

If the Applicant is making an application to vary a support order made under the Divorce Act and you reside in a different province, you may, within 40 days of receiving the application, request that the Court convert the application to an inter-jurisdictional proceeding. For more information on this process, you can contact the Court. For more information on how to fill out, file, and serve a Response, read the “Instructions for the Respondent” page attached to the Response form. If you do not respond, the Court may proceed and make an order without hearing from you. More Information Questions?

You can go to Family Division - Supreme Court of Newfoundland and Labrador or contact a Court near you: Corner Brook: (709) 637-2227 Gander: (709) 256-1115 Grand Bank: (709) 832-1720 Grand Falls-Windsor: (709) 292-4260 Happy Valley-Goose Bay: (709) 896-7892 St. John’s: (709) 729-2258 --- It is highly recommended that you get advice from a lawyer --- If you need help finding a lawyer, you can contact: Public Legal Information Association of NL (PLIAN): www.publiclegalinfo.com or 1 (888) 660-7788 Legal Aid: www.legalaid.nl.ca or 1(800) 563-9911

69The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 1 Form F5.05A: Originating Application for Variation (Family Law) In the Supreme Court of Newfoundland and Labrador (General/Family) FOR COURT USE ONLY COURT FILE NO: CENTRAL DIVORCE REGISTRY NO: Filed at _____________________________ , Newfoundland and Labrador, this ________ day of __________________, 20______.

70 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 2 If you would like to change the terms of an order or domestic contract dealing with one or more of the issues listed in the table below, check the corresponding box(es), fill out the schedule(

s) indicated, and attach the additional forms or documents specified in the right-hand column. Type of Order Fill Out

Schedule Attach Parenting (Decision-making and parenting time) 1 - Contact Order / Third Party Time with Child* 2 - Child Support 3 Financial Statement (Form F10.02A) and/or income information, if applicable Spousal (married) Support or Partner (unmarried) Support 4 Financial Statement (Form F10.02A) Parental Support (for parents) or Dependant Support (for spouse or child of deceased person) 4 Financial Statement (Form F10.02A) Consent Order or Agreement 5 Signed consent order or agreement Other: ___________________________________ 5 - * Under the Divorce Act, a judge’s permission is required to make an application for a Contact Order.

Once received, your application will first be considered by a judge to determine if it may proceed.

Fill in the details of the order or domestic contract that you are seeking to change and, if the order or domestic contract is not already filed with the Supreme Court, include a copy of it with this application: Date Order issued/Agreement signed Month: Day: Year: Court that granted Order/filed Agreement Place Order made/Agreement filed City: Province: Country: Name of Justice or Judge that granted Order (if applicable)  Check this box if you have more than 1 order or domestic contract that you are seeking to change.

Attach an extra-copy of this page in your document and fill in the details for each other order or domestic contract you are applying to change.

71 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 3 Applicant Information Fill in your information below: If you have safety concerns and do not want to provide your contact information, you may provide alternate contact information below. You must still provide the Court with your actual contact information in a sealed envelope. This envelope will not be available to the other party.

s) or Job(

72 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 4 Respondent Information Fill in the Respondent’s information below (to the best of your knowledge): Current Last Name Last Name at Birth: First Name Last Name the Day before the Day of Marriage: Middle Name(s) (if any) Gender Residential Address Street Address City Province Postal Code Mailing Address (if different from Residential Address) Street Address or PO Box City Province Postal Code Telephone Number (if any) Home: Cell: Fax Number (if any) Email Address (if any) Date of Birth Month: Day: Year: Occupation(

s) or Job(

Lawyer’s name, office address, email address, telephone number and fax number (if any) Fill in the information about your relationship with the Respondent: Your relationship with the Respondent Date the parties started living together Month: Day: Year: OR  Not applicable Date of marriage Month: Day: Year: OR  Not applicable Place of marriage OR  Not applicable Prior to the marriage, I was  Unmarried  Divorced  Widowed OR  Not applicable Prior to the marriage, the Respondent was  Unmarried  Divorced  Widowed OR  Not applicable Date of separation Month: Day: Year: OR  Not applicable Date of divorce Month: Day: Year: OR  Not applicable  Check this box if you are starting a proceeding against more than one Respondent.

Attach an extra page to this Application to provide the information of the other Respondent(

s) and the details of your relationship with the other Respondent(s).

73 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 5 Fill in the information for every child of your relationship (Include children under and over 19 and non -dependent children): Child 1 Child 2 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs Child 3 Child 4 Child’s Full Name Full Name of Each Parent of the Child (place each name on a separate line) Date of Birth (month/day/year) Gender Child is Currently Living With (Name) Disabilities and/or Special Needs  Check this box if there are more than 4 children.

Attach an extra page to provide the details of those children.

74 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 6 Have child protection services, in this province or elsewhere, ever been involved with you, the Respondent(s), and/or any of the children listed above?  No  Yes. If yes, please provide details in the box below. Provide the details of any current or ongoing court proceedings, court orders, and/or written agreements involving you, the Respondent(s), and/or the children.

This includes all Provincial Court matters, criminal matters, proceedings in other provinces or countries, peace bonds, emergency protection orders, restraining orders, no -contact orders, safety plans, family centered action plans, and kinship care agreements or any other agreements stemming from CSSD involvement.  Check this box if not applicable.

75 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 7

Schedule 1 Parenting Order Complete this

schedule if you are applying to change the terms of an order or domestic contract dealing with parenting issues (decision-making and/or parenting time). Why are you asking to have the parenting order or domestic contract changed? Describe what has changed since the time the order or contract was made. What are the current parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

76 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 8 What are your proposed parenting arrangements for: Decision-making about the child(ren): Regular parenting

schedule (daily, weekly, monthly, or other): Parenting

schedule for holidays and special occasions:

Schedule for other communication (eg. phone, internet, etc.): Other important issues in relation to parenting the child(ren):

77 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 9

Schedule 2 Contact Order/ Third Party Time with Child Complete this

schedule if you are applying to change the terms an order or domestic contract providing for a non- parent’s contact or time with a child. What is your relationship to the child (i.e. grandparent, foster parent, step-parent, other relative): Why are you asking to have the order or domestic contract changed? (Describe what has changed since the time the original order or domestic contract was made.) What is the current contact arrangement set out in the order or domestic contract? What changes to the contact arrangement with the child are you seeking?

78 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 10 Are there any orders or other past or present proceedings or circumstance that may be relevant to your request to change the contact order or domestic contract (i.e. previous convictions, involvement with child protection authorities)? Other information that may be relevant to the court in determining whether to grant a change to the contact order or domestic contract:

79 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 11

Schedule 3 Child Support Complete this

schedule if you are applying to change the terms of an order or domestic contract providing for child support. What is your current child support arrangement? Are there arrears or unpaid support?  Yes  No If yes, attach the most current Support Enforcement (SED) statement and specify: Amount: $_________________________________________________________ As of (date) (month/day/year): _________________________________________ Is child support assigned to be paid to someone else? (eg.

Department of Advanced Education, Skills and Labour)  Yes  No If yes, provide the details of the assignment arrangement: Check all of the boxes that apply and fill in the information required:  I am seeking a change in the Child Support Guidelines basic table amount of child support: For the following child(ren): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in the amount of child support: You must attach all of the financial documents required by page 4 of the Financial Statement (Form F10.02A).

80 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 12  I am seeking a change in child support to an amount that is different from the Child Support Guidelines basic table amount. For the following child(ren): Effective Date: Month: Day: Year: List your reason(

s) for seeking an amount of child support different from the Child Support Guidelines: Depending on your reasons for seeking an amount different from the Child Support Guidelines, you may have to file additional documentation.  The Respondent and I have agreed to child support in the amount of $ ______________ per month.  I have parenting time with the child(ren) for 40% or more of the year. You must complete and attach a Financial Statement (Form F10.02A).  The child(ren) is(are) 19 years of age or older.

You must complete and attach a Financial Statement (Form F10.02A).  One or more of the persons who is obligated to pay support has an income that is more than $150,000 annually. You must complete and attach a Financial Statement (Form F10.02A).  I am claiming undue hardship for the following reason(s): You must complete and attach a Financial Statement (Form F10.02A).  Other: Depending on your claim, you may be required to complete and attach a Financial Statement (Form F10.02A).  I am seeking a change in the amount of special and/or extraordinary expenses.

You must complete and attach a Financial Statement (Form F10.02A).You must also provide the information below: For the following child(ren): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in the amount of special and/or extraordinary expenses:

81 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 13  I am seeking retroactive child support. For the following child(ren): Effective Date: Month: Day: Year: What is the amount of retroactive child support that you are seeking? $_______________________________ Describe the facts and your reason(

s) for seeking retroactive child support:  I am seeking a termination of child support. For the following child(ren): Effective Date: Month: Day: Year: List your reason(

s) for terminating child support:  I am seeking child support because a change in our parenting arrangement(

s) has given rise to child support and there is no child support order currently in place. You must file and complete

Schedule 1 – Parenting of this form. If you are seeking an amount different from the Child Support Guidelines basic table amount, you must also complete and attach a Financial Statement (Form F10.02A). For the following child(ren): Effective Date: Month: Day: Year: What is the amount of child support that you are seeking? $________________________________________ Describe your claim, the facts, and your reason(

s) for seeking support:

82 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 14  Other changes to child support: For the following child(ren): Effective Date: Month: Day: Year: What is the amount of child support that you are seeking? $________________________________________ Describe your claim, the facts, and your reason(

s) for seeking a change in support:

83 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 15

Schedule 4 Spousal, Partner, Parental, or Dependant Support If you are seeking a change in spousal, partner, parental or dependant support, you must complete and attach a Financial Statement (Form F10.02A) Complete this

schedule if you are applying to change the terms of an order or domestic contract providing for spousal, partner, parental, and/or dependant support. What is your current spousal, partner, parental, and/or dependant support arrangement? Are there arrears or unpaid support?  Yes  No If yes, attach the most current Support Enforcement (SED) statement and specify: Amount: $_________________________________________________________ As of (date) (month/day/year): _________________________________________ Is support assigned to be paid to someone else? (eg.

Department of Advanced Education, Skills and Labour)  Yes  No If yes, provide the details of the assignment arrangement: Check all of the boxes that apply and fill in the information required:  I am seeking a change in spousal, partner, parental, or dependant support. For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking a change in support:

84 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 16  I am seeking retroactive spousal, partner, parental, or dependant support. For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for seeking retroactive support:  I am seeking a termination of spousal, partner, parental, or dependant support. For the following person(s): Effective Date: Month: Day: Year: Describe the facts and your reason(

s) for terminating support:  Other change(

s) to spousal, partner, parental, or dependant support: For the following person(s): Effective Date: Month: Day: Year: Describe your claim, the facts, and your reason(

s) for seeking a change in support:

85 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 17

Schedule 5 Other If you want to change a term of a court order or domestic contract dealing with an issue not listed in the schedules, state why you are applying for the change, describe the current arrangement specified in the order or contract, and describe the change you are seeking to the arrangement:

86 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 18 Statement of Truth You must swear or affirm that the facts and information you have written in this Application and the attached Schedule(

s) is the truth. You must swear or affirm and sign this Statement of Truth in front of a commissioner of oaths, notary public, justice of the peace, or lawyer. You may also do this at the court registry. I declare that the facts and information in this Originating Application for Variation are true to the best of my knowledge and belief. SWORN TO or AFFIRMED at _______________________, this _________ day of _________________ , 20_____ .

87 The Newfoundland and Labrador Gazette January 26, 2024 Form F5.05A - Originating Application for Variation Supreme Court of Newfoundland and Labrador Rules of the Supreme Court, 1986 (January 2024) Page 19 Party’s Certificate If you are applying for relief under the Divorce Act, you must complete this certificate.

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2024-01-26
Type	gazette
Volume / chapter	nlg20240126
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e9fffe4a3bd01624f4c4f30f48333a451d01ae94

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