Newfoundland and Labrador Gazette, Part I — 31 August 2012, Vol. 87, No. 35 — Mineral Act Notice

NLG 2012-08-31

Newfoundland and Labrador — Gazette

331 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, FRIDAY, AUGUST 31, 2012 No. 35 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended.

Mineral rights to the following mineral licenses have reverted to the Crown: A portion of license 016389M Held by Stephen Courtney & George Lannon Situate near Stony Brook, Central NL On map sheet 02D/13 more particularly described in an application on file at Department of Natural Resources Mineral License 019078M Held by Celtic Minerals Ltd Situate near Buchans Area, Central NL On map sheet 12A/15 Mineral License 013681M Held by Celtic Minerals Ltd Situate near Kingurutik River On map sheet 14D/15 14E/02 A portion of license 014138M Held by Vulcan Minerals Inc.

Situate near Kingurutik River On map sheet 14D/15 14E/03 14E/02 more particularly described in an application on file at Department of Natural Resources Mineral License 014961M Held by Courtney, Stephen Situate near Wild Bi ght, Baie Verte Peninsula On map sheet 02E/13 Mineral License 016166M Held by Noel, E. Michele Situate near Twin Ponds, West of White Bay On map sheet 12H/11 Mineral License 017624M Held by Altius Resources Inc.

Situate near Black Brook, Baie Verte Peninsula On map sheet 12H/08, 12H/07, 12H/09, 12H/10 Mineral License 017625M Held by House, Steve Situate near Anaktalik Brook On map sheet 14D/08 14D/09 Mineral License 019077M Held by Altius Resources Inc. Situate near Black Brook, Baie Verte Peninsula On map sheet 12H/09 12H/10 Mineral License 017629M Held by Hicks, Darrin

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 332 Situate near Victoria Lake, Central NL On map sheet 12A/06 Mineral License 017630M Held by Hicks, Darrin Situate near Rotie Bay, Southern NL On map sheet 01M/13 Mineral License 017634M Held by Hicks, Darrin Situate near Victoria Lake, Central NL On map sheet 12A/06 Mineral License 017639M Held by Keats Sr, Suley Situate near Sandy Brook Area, Central NL On map sheet 12A/09 Mineral License 017640M Held by Unity Resources Inc. Situate near Pitts Harbour On map sheet 03D/04 Mineral License 017642M Held by Unity Resources Inc.

Situate near Chateau Bay On map sheet 02M/13 Mineral License 017643M Held by Unity Resources Inc. Situate near Temple Bay On map sheet 02M/13 Mineral License 017645M Held by Unity Resources Inc. Situate near Barge Bay On map sheet 03D/04 13A/01 Mineral License 017660M Held by Dahrouge Geological Consulting Ltd. Situate near Isabella Falls On map sheet 13E/15 13L/02 Mineral License 017661M Held by Dahrouge Geological Consulting Ltd. Situate near Isabella Falls On map sheet 13L/02 Mineral License 017662M Held by Dahrouge Geological Consulting Ltd.

Situate near Isabella Falls On map sheet 13E/15 13L/02 Mineral License 017689M Held by Silver Spruce Resources Inc. Situate near Flour Lake Area On map sheet 23H/14 Mineral License 017690M Held by Silver Spruce Resources Inc. Situate near Flour Lake Area On map sheet 23H/11 23H/14 Mineral License 017765M Held by Silver Spruce Resources Inc.

Situate near Barge Bay Area On map sheet 12P/16 Mineral License 018544M Held by Ryan, Kevin Situate near Bay L'Argent, Burin Peninsula On map sheet 01M/10 Mineral License 018647M Held by Ryan, Kevin Situate near Harbour Mille, Burin Peninsula On map sheet 01M/10 Mineral License 018657M Held by Ryan, Kevin Situate near Harbour Mille, Burin Peninsula On map sheet 01M/10 Mineral License 018658M Held by Ryan, Kevin Situate near Harbour Mille, Burin Peninsula On map sheet 01M/10 Mineral License 018995M Held by Michelin, Richard Situate near Paradise River On map sheet 13H/06 Mineral License 018996M Held by Michelin, Richard Situate near Three Mountain Harbour On map sheet 14E/16 Mineral License 019021M Held by Duffitt, Alexander S.

Situate near Eagle Lake Area On map sheet 23J/09 Mineral License 019022M Held by Duffitt, Alexander S. Situate near Eagle Lake Area On map sheet 23J/09 Mineral License 019214M Held by Crosshair Energy Corporation Situate near Victoria Lake, Central NL On map sheet 12A/06 The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08 and 28/09 and outlined on 1:50 000 scale digital maps ma intained by the Department of Natural Resources, will be open for staking after the

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 333 hour of 9:00 a.m. on the 32 nd clear day after the date of this publication. DEPARTMENT OF NATURAL RESOURCES JIM HINCHEY, P.Geo Manager - Mineral Rights File #'s 774:3138, 6129, 8506, 8940, 9610; 775:0244, 1084, 1085, 1088, 1089, 1090, 1094, 1099, 1100, 1102, 1103, 1105, 1118, 1119, 1120, 1135, 1136, 1192, 1894, 1983, 1993, 1994, 2294, 2295, 2314, 2315, 2476 Aug 31 CITY OF ST. JOHN=S ACT ST. JOHN=S MUNICIPAL COUNCIL NOTICE ST. JOHN=S MOBILE VENDING BY-LAW TAKE NOTICE that the ST. JOHN =S MUNICIPAL COUNCIL has enacted an amendment to the St.

John’s Mobile Vending (Amendment No. 1 – 2012) By-Law. The said Amendment was passed by Council on the 20 th day of August, 2012, so as to remove the cap on the term of leases for spaces leased by the City. All persons are hereby required to take notice that any person who wishes to view such Regulations may view same at the Office of the City Solicitor of the ST. JOHN =S MUNICIPAL COUNCIL at City Hall, and that any person who wishes to obtain a copy thereof may obtain it at the said office upon the payment of a reasonable charge as established by the ST. JOHN =S MUNICIPAL COUNCIL for such copy.

Dated this 21 st day of August, 2012. ST. JOHN’S MUNICIPAL COUNCIL Neil Martin - City Clerk Aug 31 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION MOUNT PEARL DEVELOPMENT REGULATIONS 2010 AMENDMENT NO. 7, 2012 (ACCESSORY BUILDING HEIGHT AMENDMENT) TAKE NOTICE that the CITY OF MOUNT PEARL Development Regulations 2010 Amendment No. 7, 2012, adopted by Council on the 10 th day of July, 2012, has been registered by the Minister of Municipal Affairs.

In general terms, the purpose of Development Regulations Amendment No. 7, 2012 is to bring in line the building height standard of accessory buildings as specified in the Development Regulations from 4.5m to 3.5m and to ensure that the definition of building height is consistent with the definition as outlined in the Ministerial Regulations. The Development Regulations Amendment No. 7, 2012, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wishes to inspect a copy of this Amendment may do so at the Mount Pearl City Hall, 3 Centennial Street, during normal working hours. CITY OF MOUNT PEARL Per: Michele Peach, Chief Administrative Officer Aug 31 NOTICE OF REGISTRATION TOWN OF SPANIARD’S BAY MUNICIPAL PLAN AMENDMENT No. 1, 2011, and DEVELOPMENT REGULATIONS AMENDMENT Nos. 3 and 4, 2011 TAKE NOTICE that the TOWN OF SPANIARD’S BAY Municipal Plan Amendment No. 1, 2011, and Development Regulations Amendment No. 1, 2011, adopted by Council on the 24 th day of May, 2012, has been registered by the Minister of Municipal Affairs.

In general terms, Municipal Plan Amendment No. 1, 2011, will amend the Rural Land Use Policies to allow seasonal residences as a discretionary use and be limited to the north shore of Swile Pond. The Amendment will also extend the Residential Land Use designation by approximately 330 metres, along the south side of Crane’s Road across from Bread and Cheese Cove Pond and extend the Residential Land Use designation along the north side of New Harbour Road, known locally as Backtrack Road, by approximately 150 metres.

Development Regulations Am endment No. 1, 2011, will add seasonal residences as a di scretionary use to the Rural Land Zone Table and lim it seasonal residences to the north shore of Swile Pond. The Amendment will also extend the Residential Medi um Density Land Use Zone by approximately 330 metres, along the south side of Crane’s Road across from Bread and Cheese Cove Pond and extend the Residential Infill Land Use Zone along the north side of New Harbour Road, known locally as Backtrack Road, by approximately 150 metres.

The Town of Spaniard’s Bay Municipal Plan Amendment No. 1, 2011, and Developmen t Regulations Amendment No. 1, 2011, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 334 Anyone who wishes to inspect a copy of the TOWN OF SPANIARD’S BAY Municipal Plan Amendment No. 1, 2011, and Development Regula tions Amendment No. 1, 2011, may do so at the Town Office, Spaniard’s Bay during normal working hours. TOWN OF SPANIARD’S BAY Tony Ryan, Town Clerk Aug 31 QUIETING OF TITLES ACT 2012 01 G 3895 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER OF an Application of VERNA CLOUSTON of the City of St .

John’s in the Province of Newfoundland and Labrador, AND IN THE MATTER OF the Quieting of Titles Act , cQ-3, of the RSNL1990, and amendments thereto AND IN THE MATTER OF a piece or parcel of land situate and being at Harding’s Lane, at Topsail in the Town of Conception Bay South in the Province of Newfoundland and Labrador.

NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, cQ-3, RSNL1990 AND AMENDMENTS THERETO NOTICE IS HEREBY GIVEN to all parties that VERNA CLOUSTON has applied to the Supreme Court of Newfoundland and Labrador, Tria l Division, to have the title to ALL THAT piece or parcel of land situate and being at Harding’s Lane, at Topsail, in the Town of Conception Bay South, in the Province of Newfoundland and Labrador and being more particularly described in the

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

All persons having title adverse to the said title claimed by VERNA CLOUSTON shall file in the Registry of the Supreme Court of Newfoundland and Labrador particulars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned Solicitors for the Applicant on or before the 20 th day of September, 2012, after which date no part y having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. DATED at St. John's, this 21st day of August, 2012. BENSON BUFFETT PLC INC. Solicitors for the Applicant PER: Beth A. Sheppard ADDRESS FOR SERVICE: Suite 900, Atlantic Place 215 Water Street, P.O. Box 1538 St. John's, NL, A1C 5N8 Tel: (709) 570-7237 Fax: (709) 579-2647

SCHEDULE "A" SURVEY DESCRIPTION FOR MARJORIE MILLER HARDING LANE TOPSAIL Revised All that piece or parcel of land situate and being on the eastern side of the Hardings Lane at Topsail in the electoral district of Conception Ba y South, Newfoundland and Labrador, Canada and being abu tted as follows, that is to say: BEGINNING at a point, said point having NAD83 coordinates of North 52667 99.828 meters and East 310248.982 meters with reference to Crown Land Monument No. 83G 3226 having coordinates of North 5266700.494 meters and East 310064.281 meters and Crown Land Monument No. 83G 3227 having coordinates of North 5266655.610 meters and East 309584.710 meters of the Modified Three Degree Transverse Mercator Projection for Newfoundland and Labrador having a central meridian of 53 degrees west longitude; THENCE running along by Hardings Land North thirty degrees zero three minutes fort y-eight seconds West, eight decimal nine zero zero meters; AND THENCE running North thirty-seven degrees twenty- three minutes, eighteen seconds West, eleven decimal eight three three meters; AND THENCE running North thirty-nine degrees thirty- one minute, twelve seconds West, twenty-eight decimal eight one three meters; THENCE running along by the beach of Conception Bay North seventy-five degrees zero four minutes twenty-eight seconds East, forty-six decimal eight eight six meters; THENCE running along by land surveyed for the Estate of Eric Nurse Miller by Michael Duffett, NLS dated March 1 st, 2006 South sixteen degrees thirty-seven minutes fifty- five seconds East, sixty-seven decimal five zero six meters; THENCE running along by land belonging to Claudia O'Connor and Robin Ledrew registered in Roll 2142 Frame

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 335 1869 of the Registry of Deeds in Newfoundland and Labrador South seventy-eigh t degrees eighteen minutes fifty-four seconds West, thir ty decimal seven eight five meters; THENCE running along by Hard ings Lane North twelve degrees fifty-nine minutes thirty-six seconds West, twenty decimal zero two four meters, more or less, to the point of beginning.

The above described parcel of land has an area of 2338 square meters, more or less, and is shown more fully delineated on the adjoining plan having Job No. 568306 dated October 18, 2006 revised December 8, 2006. All the, bearings are referred to Grid North of the above mentioned projection. All distances are grid distances using a scale factor of 0.999897. Aug 31

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 336 2012 03G 0172 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER OF the Quieting of Titles Act , RSNL1990, cQ-3, as amended; AND IN THE MATTER OF ALL THAT piece or parcel of land situate and being at and near Carson Place, in the town of Lewisporte, in the Province of Newfoundland and Labrador, Canada; AND IN THE MATTER of an Application of KERWIN MANUEL of Lewisporte in the Province of Newfoundland and Labrador. NOTICE Notice of Application under the Quieting of Titles Act, RSNL1990, cQ-3 as amended thereto.

NOTICE IS HEREBY GIVEN to all parties that KERWIN MANUEL has applied to the Supreme Court of Newfoundland and Labrador Trial Division, at Grand Falls- Windsor, Newfoundland and Labr ador, to have his title investigated to: All that piece or parcel of land situate and being at Lewisporte in the Electoral Di strict of Lewisporte abutted and bounded as follows, that is to say: Beginning at a point in the northwesterly limit of a Road Reservation, ten meters wide, the said point havi ng Three Degree MTM Co- ordinates of north 5 455 708.461 meters and east 375 045.514 meters and being distant two thousand forty-three decimal five two meters as measured on a bearing of north sixty-two degrees forty-six mi nutes seventeen seconds east from Control Monument No. 76G2246; thence running along the aforesaid northwesterly limit of a Road Reservation, ten meters wide, north fifty-six degrees fifty- five minutes twenty-three seconds east three hundred eighty-seven decimal one seve n meters; thence running by Crown Land north twenty-one degrees forty-seven minutes fifty-six seconds west five hundred three decimal two three meters; thence south eighty-ei ght degrees twelve minutes west eighty-two decimal four eight meters; thence running along the southerly limit of a Re servation, ten meters wide, extending along the southerly shore of Salt Water Pond, to a point which is distant one hundred fifty-one decimal nine eight meters as measured on a bearing of south eighty-eight degrees twelve minutes west; thence running by Crown land south eighty-eight de grees twelve minutes west eighty-nine decimal two two meters; thence running along the easterly limit of a Reservation, ten meters wide, extending along the easterly shore of Lewisporte Harbour, to a point which is distant six hundred ninety-three decimal seven seven meters as meas ured on a bearing of south fifteen degrees thirty-two minut es fifty-four seconds east, more or less, to the point of beginning and being more particularly shown and deline ated on the attached plan, reserving nevertheless out of the above described piece or parcel of land an old highway , twenty meters wide, and Route 340, thirty meters wide, both extending through the said land the above describe d piece or parcel of land containing an area of 21.80 hectares, more or less, all bearings and co-ordinates are referenced to the Three Degree MTM Projection System, Zone 2, with the Central Meridian being 56 degrees AND to obtain a Declaration that KERWIN MANUEL is the true and absolute owner thereof which title shall be free from the exceptions and qua lifications detailed under

section 22(1)(

a) to (

d) of the above Act; and except as to certain described parcels of land disposed of and acknowledged as already conveyed by the Applicant from the land.

AND the Supreme Court of Newfoundland and Labrador, Trial Division, having ordered Notice of the Application to be published as required by the above Act, all persons having title adverse to the title claimed by KERWIN MANUEL shall file in the Registry of the Court, at Grand Falls-Windsor, particulars of such adverse claim and serve same, together with an Affidavit verifying same, on the undersigned solicitors for the Applicant no later than within one month following the date of the first publication in The Newfoundland and Labrador Gazette or first publication in the local Newspaper in circulation in the area of the land, whichever shall latest occur, after which date no party having any claim shall be admitted to file same or to be heard, except by special leave of the court, and subject to such conditions as the court may deem.

All such adverse claims shall then be investigated in such manner as the Supreme Court, Trial Division may direct. DATED at Grand Falls-Windsor, in the Province of Newfoundland and Labrador, this 17th day of August, 2012. BLACKMORE LAW OFFICE Solicitor for Applicant PER: Byran Blackmore ADDRESS FOR SERVICE: 12 Pinsent Drive P.O. Box 731 Grand Falls-Windsor, NL A2A 2K2 Tel: (709) 489-1334 Fax: (709) 489-7004

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 337 Aug 31

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 338 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE of JOANNE CHAFE, of the City of Ottawa, in the Province of Ontario, deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the estate of JOANNE CHAFE, of the City of Ottawa, in the Province of Ontario, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitors for the Executrix of the said deceased, on or before the 30 th day of September, 2012, after wh ich date the Executrix will proceed to distribute the said estate having regard only to claims of which she shall then have had notice. DATED at St. Johns, this 22nd day of August, 2012.

BYRNE LAW OFFICE Solicitors for the Executrix PER: Lisa A. Byrne Q.C. ADDRESS FOR SERVICE: Suite 201, 69 Elizabeth Avenue St. John’s, NL A1A 1W8 Tel: 709-739-4504 Fax: 709-739-4512 Aug 31 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of the late ELIZABETH LOUISE HUFFMAN of St. John’s, in the Province of Newfoundland and Labrador, Retired Person, Deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of ELIZABETH LOUISE HUFFMAN, the aforesaid deceased, who died at St.

John’s, in the Province of Newfoundland and Labrador on or about the 15 th day of March, 2012, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 30 th day of September, 2012, after wh ich date the Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice. DATED at the Town of Gander, Newfoundland and Labrador, this 23rd day of August, 2012. BONNELL LAW Solicitor for the Executor PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O.

Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Aug 31 & Sept 7 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of the late RETA SAMSON of Eastport, in the Province of Newfoundland and Labrador, Retired Person, Deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of RETA SAMSON, the aforesaid deceased, who died at St.

John’s, in the Province of Newfoundland and Labrador on or about the 11 th day of June, 2002, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 30 th day of September, 2012 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice. DATED at the Town of Gander, Newfoundland and Labrador, this 14th day of August, 2012. BONNELL LAW Solicitor for the Executor PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O.

Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Aug 31 & Sept 7 ESTATE NOTICE IN THE MATTER of the Estate and Effects of JEAN SPARKS (nee Evans), late of St. John’s, NL, Administrative Assistant, Retired, Widow, Deceased. All persons claiming to be creditors of or who have any claims or demands upon or affe cting the Estate and Effects of JEAN SPARKS (sometimes spelled “Sparkes”) (nee Evans), Administrative Assi stant, Retired, Widow, who died at St.

John’s, NL, on or about the 17 th day of August, 2012, are hereby requested to send particulars thereof in writing, duly attested, to Barr y R. Sparkes, Q.C., (Nephew of the Deceased), Executor of the Last Will and Testament of Jean Sparks, 29 Carpasian Road, St. John’s, NL, A1B 2P9, on or before Monday, the 1 st day of October, 2012, after which date the Executor will proceed to distribute the

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 339 Estate having regard only to the claims of which he then shall have had notice. Dated at St. John’s, NL, this 31st day of August, 2012. BARRY R. SPARKES, Q.C. Executor of the Last Will and Testament of JEAN SPARKS ADDRESS FOR SERVICE: 29 Carpasian Road St. John’s NL A1B 2P9 Aug 31

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, FRIDAY, AUGUST 31, 2012 No. 35 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 62/12 NLR 63/12 NLR 64/12 NLR 65/12

The Newfoundland and Labrador Gazette August 31, 2012 829 NEWFOUNDLAND AND LABRADOR REGULATION 62/12 Vehicle Seizure and Impoundment Regulations, 2012 under the Highway Traffic Act (O.C. 2012-208) (Filed August 29, 2012) Under the authority of

section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 28, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Interpretation 3. Application 4. Vehicle that is dangerous or unfit for use 5. Driving while disqualified or prohibited 6. Delay of seizure 7. Stolen vehicles 8. Personal property 9. Duties of peace officer 10. Storage and lien 11. Disposal of motor vehicle 12. Low value vehicle 13. Storage and lien - low value vehicle 14. Disposal of low value vehi- cle 15. Disposition of proceeds - low value vehicle 16. Disposition of proceeds - unknown owner 17. Application for early release by owner 18. Decision of registrar

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 830 19. Release of vehicle on expiry of impoundment period 20. Report of garage operator 21. Owner's right against driver 22. Offence 23. Fees and forms 24. Repeal 25. Commencement 1. These regulations may be cited as the Vehicle Seizure and Im- poundment Regulations, 2012. 2.

(1) In these regulations (a) "Canadian Red Book" means the Canadian Red Book and the Canadian Older Car/Truck Red Book; (b) "garage operator" means a person who takes and stores a seized and impounded motor vehicle; (c) "low value vehicle" means a motor vehicle determined by the registrar as a low value vehicle under

section 12.

(2) In these regulations, an impoundment period means (

a) for a vehicle impounded under subsection 75(6.1) of the Act, a period of 90 days; (

b) for a vehicle impounded under

section 4, a period of 24 hours; and (

c) for a vehicle impounded under

section 5, a period of 30 days.

(3) For the purpose of the regulations that apply to a vehicle that has been seized and impounded under subsection 75(6.1) of the Act, a "peace officer" includes a traffic officer. 3. These regulations apply to a motor vehicle that has been seized and impounded under (a) subsection 75(6.1) of the Act; (

b) section 4; and (

c) section 5.

Short title

Interpretation Application

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 831 4.

(1) A peace officer may seize a motor vehicle that has been in- spected or tested under subsection 42(1) of the Licensing and Equip- ment Regulations and impound it where the officer has reasonable grounds to believe that the vehicle is dangerous or unfit for use.

(2) A motor vehicle impounded under subsection (1) shall be held for a period of 24 hours from the date of seizure, after which peri- od the vehicle may be released in accordance with subsection 19(2). 5.

(1) Subject to

section 6, a pea ce officer shall seize a motor vehi- cle and impound it where the officer has reason to believe that a person who was operating the vehicle contravened subsection 43(6) of the Act.

(2) A motor vehicle impounded under subsection (1) shall be held for a period of 30 days from the date of seizure, after which period the vehicle may be released in accordance with subsection 19(1). 6.

(1) Where a peace officer is satisfied that the seizure and im- poundment of a motor vehicle under

section 5 would jeopardize the safety of, or cause undue hardship to, a person, or is, in the opinion of the officer, not practicab le in the circumstances the peace officer may delay taking custody of the motor ve hicle, in which case the peace of- ficer may permit the motor vehicle to be driven to a location specified by the peace officer.

(2) Where under subsection (1) a peace officer permits a motor vehicle to be driven to a specified location and the vehicle is not im- pounded at that location, a peace of ficer may make application to a justice for an order to seize the vehicle and impound it in accordance with these regulations. 7. If, at any time before a review or hearing is conducted under these regulations, a peace officer is satisfied that a motor vehicle seized under

section 5 had been stolen, the officer may, subject to the approval of the registrar, release the vehicle to the owner, or a person authorized by the owner to take possession of it. 8. Personal property in a motor vehicle that has been impounded, other than personal property attached to or used in connection with the operation of the motor vehicle, shall be returned to the owner of the property on request. Vehicle that is dangerous or unfit for use Driving while disqualified or prohibited Delay of seizure Stolen vehicles Personal property

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 832 9.

(1) Where a motor vehicle has been seized and impounded, the peace officer shall (

a) complete a notice of impoundment; (

b) give the driver a copy of the notice; (

c) if the driver is not, or does not appear to be, the owner of the motor vehicle, request that the driver disclose the name and address of the owner; (

d) give a copy of the notice to the owner, if the owner is pre- sent at the time of seizure, or , if the owner is not present, without delay mail a copy to the owner (

i) at the owner’s last known address as recorded in the registrar’s records of motor vehicle registrations, or (ii) if the owner’s address is not recorded in the registrar’s records, at the address indi cated by the driver in re- sponse to the peace officer’s request under paragraph (c); (

e) mail a copy of the notice to the registrar; (

f) cause a copy of the notice to be given to the garage operator who stores the motor vehicle; and (

g) retain a copy of the notice.

(2) The notice of impoundment shall be in the form set by the registrar and shall cont ain a statement that the motor vehicle may be disposed of under these regulations if the owner of the motor vehicle does not pay the costs and charges referred to in these regulations.

(3) Where a vehicle has been seized and impounded under sec- tion 5, the notice of impoundment for that vehicle shall contain a state- ment of the right to apply to the registrar for the release of the motor vehicle under

section 17 of these regulations and instructions on apply- ing for a review. 10.

(1) A motor vehicle that is seized and impounded shall be stored with the garage operator that th e peace officer directs and a peace of- Duties of peace officer Storage and lien

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 833 ficer may later direct that the motor vehicle be moved to a different garage operator for impoundment.

(2) The garage operator has a lien on the motor vehicle for the following amounts (

a) all costs and charges for the transportation, towing, care and storage respecting the seizure and impoundment of the vehi- cle and where applicable the costs of disposal of the vehicle; and (

b) expenditures for searches and registrations under the Per- sonal Property Security Act and Judgment Enforcement Act that are reasonably necessary to fulfil the obligations of the person who took custody of the impounded motor vehicle.

(3) A lien under this

section and a garage operator’s right to hold the vehicle has priority over and is not subject to a lien or other charge or encumbrance upon or in respect of the motor vehicle existing at the time of seizure.

(4) A motor vehicle that is subject to a lien under this

section shall remain impounded until (

a) the lien is paid; or (

b) the vehicle is disposed of under

section 11.

(5) Notwithstanding subsection (4), a garage operator may sur- render possession of the motor vehicle to the owner without losing the lien if he or she registers a financin g statement relating to that interest under the Personal Property Security Act within 15 days of the surren- der. 11.

(1) Where a motor vehicle remains impounded for 30 days or more after the expiration of the impoundment period, the garage opera- tor who stored the motor vehicle during the impoundment may enforce the lien under

section 10 by selling the motor vehicle by public auction in the manner set out in

section 5 of the Warehouser’s Lien Act , as if the garage operator was a warehouser and the motor vehicle was goods within the meaning of that Act. Disposal of motor vehicle

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 834

(2) Where a motor vehicle is sold under subsection (1), the gar- age operator shall satisfy the lien under

section 10 and deliver the sur- plus to the registrar with a stat ement of account showing how the sur- plus was calculated.

(3) The registrar shall apply any surplus received under subsec- tion (2) towards any amounts that the registrar may require to be paid under

section 16.1 of the Act and any remaining amount to the owner of the vehicle with a statement showing how the remaining amount was calculated.

(4) Notwithstanding subsection (1), a garage operator may, with the approval of the registrar, dispose of the impounded vehicle referred to in subsection (1) by sale or otherwise, if the garage operator (

a) surrenders the licence plate from the motor vehicle to the registrar; and (

b) files with the registrar (

i) a statutory declaration in the form set by the registrar declaring that (

A) the amount of the garage operator’s lien on the mo- tor vehicle exceeds the garage operator’s estimate of the value of the motor vehicle, and (

B) the garage operator, at least 14 days before making the statutory declaration, sent by registered or certi- fied mail to the registered owner of the motor vehi- cle, a notice that the garage operator intends to dis- pose of the motor vehicle if the lien is not paid, and (ii) a certificate showing that no security interest is regis- tered against the motor vehicle under the Personal Property Security Act or the Judgment Enforcement Act.

(5) Where the registrar approves the disposal of a motor vehicle under subsection (4), the registrar shall transfer the registration of the motor vehicle from the owner of the motor vehicle to the garage opera- tor. Low value vehicle

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 835 12.

(1) The registrar may determine that a motor vehicle is a low value vehicle where (

a) it has an average wholesale value of $1200 or less according to the most recent edition of the Canadian Red Book; or (

b) it has an average wholesale value greater than $1200 accord- ing to the most recent edition of the Canadian Red Book, but is dangerous or unfit for use and the registrar determines up- on receipt of an affidavit of value from the garage operator that the value of the motor vehicle is $1200 or less.

(2) Where a motor vehicle is no longer listed in the most recent edition of the Canadian Red Book, the registrar may determine that the vehicle is a low value vehicle where (

a) it has an average wholesale value of $1200 or less according to a method of valuation determined by the registrar; or (

b) it has an average wholesale value greater than $1200 accord- ing to a method of valuation determined by the registrar, but is dangerous or unfit for use and the registrar determines up- on receipt of an affidavit of value from the garage operator that the value of the motor vehicle is $1200 or less.

(3) To make a determination under paragraph (1)(

b) or (2)(b), the operator of the garage where the vehicle that is dangerous or unfit for use is impounded shall provide the registrar with an affidavit of value certifying that the value of the damaged vehicle is $1200 or less.

(4) For the purpose of this section, an "affidavit of value" means proof made on oath or affirmation of the value of the motor vehicle. 13.

(1) Notwithstanding sections 10 and 11, a low value vehicle that is seized and impounded shall be stored with the garage operator that the peace officer directs and a peace of ficer may later direct that the motor vehicle be moved to a different garage operator for impound- ment.

(2) The garage operator has a lien on a low value vehicle for all costs and charges for the transporta tion, towing, care and storage re- specting the seizure and impoundment of the motor vehicle and where applicable the costs of disposal of the low value vehicle. Storage and lien - low value vehicle

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 836

(3) A lien under this

section and a garage operator's right to hold the low value vehicle has priority over and is not subject to a lien or other charge or encumbrance upon or in respect of the motor vehicle existing at the time of seizure.

(4) A low value vehicle that is subject to a lien under this sec- tion shall remain impounded until (

a) the lien is paid; or (

b) the vehicle is disposed of under

section 14.

(5) Notwithstanding subsection (4), a garage operator may sur- render possession of the low value vehicle to the owner without losing the lien if he registers a financing statement relating to that interest un- der the Personal Property Security Act within 15 days of the surrender. 14.

(1) After the impoundment period expires, the garage operator shall notify the registrar if the lien on a low value vehicle under

section 13 remains unpaid.

(2) The registrar shall send by re gistered or certified mail to the registered owner of the low value vehicle a notice that the vehicle will be disposed of unless the registered owner pays the garage operator's lien under subsection 13(2) within 28 days from the date the registrar's notice is given.

(3) The registrar shall request in the notice under subsection (2) that the registered owner notify the registrar within 14 days from the date the registrar's notice is given that the registered owner intends to reclaim the vehicle.

(4) Where the registered owner does not pay the garage opera- tor's lien within 28 days from the date the registrar's notice is given, the registrar may approve the disposal of the low value vehicle by the gar- age operator by sale or otherwise.

(5) Where the registrar approves the disposal of a low value vehicle under subsection (4), (

a) the garage operator shall su rrender the licence plate from the low value vehicle to the registrar; and Disposal of low value vehicle

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 837 (

b) the registrar shall transfer the registration of the low value vehicle from the owner of the vehicle to the garage operator. 15.

(1) Where a low value vehicle is sold under

section 14, the gar- age operator shall (

a) provide a statement of account to the registrar in a form that may be prescribed by the registrar; (

b) satisfy the lien under

section 13; and (

c) deliver the surplus to the registrar.

(2) The registrar shall carry out searches under the Personal Property Security Act and Judgment Enforcement Act.

(3) The registrar shall apply any surplus received under subsec- tion (1) towards payment of amounts in the following order of priority (

a) amounts owing to holders of security interests under the Personal Property Security Act and Judgment Enforcement Act, in accordance with those Acts; (

b) amounts that the registrar may require to be paid under sec- tion 16.1 of the Act; and (

c) any remaining amount to the owner of the vehicle with a statement showing how the re maining amount was calculat- ed.

(4) Where the rights to the surp lus are uncertain, the registrar shall upon the order of a judge pay the surplus into the Trial Division.

(5) An order made under subsection (4) may be made without notice to another party upon the terms and conditions as to costs and otherwise that the judge may direct and may provide to what fund or name the account shall be credited.

(6) The registrar at the time of paying the amount into court under subsection (4) shall file in the court a copy of the statement of account provided by the garage operator under subsection (1). Disposition of proceeds - low value vehicle

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 838 16.

(1) Where the owner of a motor vehicle or low value vehicle disposed of under these regulations is unknown and there is an amount remaining following a disposition of proceeds under

section 11 or 15, the registrar shall hold that amount for one year.

(2) Where within one year of the disposal of the motor vehicle or low value vehicle a person proves to the satisfaction of the registrar that the person is entitled to all or pa rt of the amount referred to in sub- section (1), the registrar shall pay an amount to the person in accord- ance with the claim, which amount shall not be greater than what is held under subsection (1).

(3) After one year pr oceeds from a public auction, sale or other disposal of a vehicle or low value ve hicle that are held by the registrar under subsection (1) shall be paid into the Consolidated Revenue Fund. 17.

(1) Where the owner of a motor vehicle impounded under sec- tion 5 was not the driver or person who had care or control at the time the vehicle was seized, the owner ma y before the expiry of the im- poundment period apply to the registrar for the release of the vehicle on the grounds that (

a) the driver was not disqualified from driving under subsec- tion 43(6) of the Act at the time of the seizure; (

b) the driver was in possession of the motor vehicle without the knowledge or consent of the owner; (

c) the owner could not reasonably be expected to have known that the driver was disqualified from driving under subsec- tion 43(6) of the Act; or (

d) the continued impoundment of the motor vehicle will (

i) cause the owner to suffer a loss or curtailment of em- ployment or educational opportunities; or (ii) prevent the owner, or someone under the care of the owner, from obtaining medical treatment.

(2) Where the owner of a motor vehicle impounded under sec- tion 5 was the driver or person who had care and control at the time the vehicle was seized, he or she may before the expiry of the impound- Disposition of proceeds - unknown owner Application for early release by owner

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 839 ment period apply to the registrar fo r the release of the vehicle on the grounds that he or she (

a) was not disqualified from driving under subsection 43(6) of the Act at the time of the seizure; or (

b) could not reasonably be expected to have known that he or she was disqualified from driving under subsection 43(6) of the Act.

(3) The application for release shall be in the form set by the registrar and be accompanied by the fee set by the minister.

(4) The applicant may attach to the application sworn statements or other evidence that the applicant wishes the registrar to consider.

(5) The applicant shall provide the registrar with information related to the application that the registrar may require.

(6) Where an application is made under subsections (1) or (2), the registrar shall consider the report of the peace officer respecting the seizure of the motor vehicle and may consider (

a) the driving record maintained by the registrar of (

i) the person named as the driver of the motor vehicle in the report of the peace officer, (ii) the person named as the driver of the motor vehicle in the application for release by the owner, if that person is not the person referred to in subparagraph (i), or (iii) the applicant; and (

b) records maintained by the registrar respecting a previous seizure and impoundment under these regulations of a motor vehicle registered in the name of, or owned by, the applicant.

(7) The registrar is not required to hold an oral hearing in re- spect of an application under this

section unless the applicant (

a) requests an oral hearing when the application is made; and

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 840 (

b) pays the oral hearing fee set by the minister.

(8) Where an applicant requests an oral hearing and fails to ap- pear, without giving prior notice, on the date and at the time and place set by the registrar, the applicant's right to an oral hearing is considered to have been waived. 18.

(1) Where, after considering an application for release under

section 17 the registrar is satisfied that the motor vehicle should not have been seized or impounded for the reasons set out in paragraph 17(1)(

a) or 17(2)(a), the registrar shall (

a) revoke the seizure and impoundment; (

b) direct that the garage operator with custody of the motor vehicle release the motor vehicl e to the owner or a person authorized by the owner; (

c) refund the application fee; and (

d) indemnify the owner of the motor vehicle for the amount paid by the owner to satisfy the lien described in

section 10 or 13.

(2) Where, after considering an application for release under

section 17 the registrar is satisfied that the motor vehicle should be re- leased before the impoundment period expires for the reason set out in paragraph 17(1)(b), (c), (

d) or 17(2)(b), the registrar shall (

a) direct that the garage operator with custody of the motor vehicle release the motor vehicl e to the owner or a person authorized by the owner; and (

b) where the reason for releasing the motor vehicle is set out in paragraphs 17(1)(b), (

c) or 17(2)(b), refund the application fee.

(3) The registrar shall provide his or her decision on an applica- tion in writing to the applicant within 7 days of the date the application was considered or oral hearing held. Decision of registrar

Vehicle Seizure and Impoundment Regulations, 2012 62/12 The Newfoundland and Labrador Gazette August 31, 2012 841 19.

(1) The registrar shall direct that an impounded motor vehicle be released to the owner or a person authorized by the owner after the im- poundment period expires, upon payment of the lien under

section 10 or 13.

(2) Notwithstanding subsection (1), the registrar shall direct that a motor vehicle impounded under

section 4 be released to the owner or a person authorized by the owner after the impoundment period ex- pires, upon payment of the lien under

section 10 or 13 and in accord- ance with the terms and conditions that the registrar may order. 20. Where a garage operator has in a month stored or disposed of an impounded motor vehicle, the garage operator shall, on or before the 7th day of the following month make a report to the registrar in the form set by the registrar. 21.

(1) The owner of an impounded motor vehicle may recover from the person who was the driver at the time the motor vehicle was seized, as a debt in a court of competent jurisdiction, the amount the owner paid to have the vehicle released, including amounts required to release the lien described in

section 10 and

section 13 and any fees paid to the registrar.

(2) Notwithstanding subsection (1), the owner may not recover from the driver any amount that the owner was required to pay the reg- istrar in respect of fines or penalties not related to the seizure and im- poundment of the motor vehicle under the Act and regulations. 22. A person who removes or releases, or permits the removal or release of, an impounded motor vehicle from the place of impoundment except in accordance with these regulations, is guilty of an offence and is liable on

summary conviction to a fine of not more than $5,000. 23. The minister may set fees and the registrar may set forms re- quired for the administration of these regulations. 24. The Vehicle Seizure and Impoundment Regulations , New- foundland and Labrador Regulation 73/03, are repealed. 25. These regulations come into force on September 1, 2012. ©William E. Parsons, Queen's Printer Release of vehicle on expiry of im- poundment period Report of garage operator Owner's right against driver Offence Fees and forms Repeal Commencement

The Newfoundland and Labrador Gazette August 31, 2012 843 NEWFOUNDLAND AND LABRADOR REGULATION 63/12 Carrier Safety Regulations (Amendment) under the Highway Traffic Act (Filed August 29, 2012) Under the authority of

section 197 of the Highway Traffic Act , I make the following regulations. Dated at St. John’s, August 24, 2012. Paul Davis Minister of Service Newfoundland and Labrador REGULATIONS Analysis 1. Sch. Amdt. 1.

(1) The

Schedule to the Carrier Safety Regulations is amend- ed by deleting the reference to subsection 43(3) of the Highway Traffic Act, the description of the offence and the compliance indi- cator under that subsection of the Act.

(2) The

Schedule to the regulations is amended by adding immediately after the reference to

section 42(

j) of the Highway Traffic Act the following: CNLR 1160/96 as amended

Carrier Safety Regulations (Amendment) 63/12 The Newfoundland and Labrador Gazette August 31, 2012 844 43(4) 3 Operating a motor vehicle with- out a licence for that class of vehicle 43(5) 3 Invalid or no driver's licence 43(6) 3 Driving while disqualified

(3) The

Schedule to the regulations is amended by deleting the reference to subsection 73(2) of the Highway Traffic Act , the description of the offence and th e compliance indicator under that subsection of the Act. ©William E. Parsons, Queen's Printer

The Newfoundland and Labrador Gazette August 31, 2012 845 NEWFOUNDLAND AND LABRADOR REGULATION 64/12 Highway Traffic Demerit Point System Regulations (Amendment) under the Highway Traffic Act (O.C. 2012-209) (Filed August 29, 2012) Under the authority of

section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 28, 2012. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. Sch. Amdt. 1.

(1) The

Schedule to the Highway Traffic Demerit Point Sys- tem Regulations is amended by deleting the row respecting an of- fence under subsection 43(3) of the Highway Traffic Act . CNLR 753/96 as amended

Highway Traffic Demerit Point System Regulations (Amendment) 64/12 The Newfoundland and Labrador Gazette August 31, 2012 846

(2) The

Schedule to the regulations is amended by adding immediately after the reference to paragraph 42(

k) of the Highway Traffic Act the following: 43(4) 2 No licence for class of motor vehi- cle 43(5) 2 Invalid or no driver's licence 43(6) 2 Driving while disqualified

(3) The

Schedule to the regulations is amended by deleting the row respecting an offence under subsection 73(2) of the High- way Traffic Act. ©William E. Parsons, Queen's Printer

The Newfoundland and Labrador Gazette August 31, 2012 847 NEWFOUNDLAND AND LABRADOR REGULATION 65/12 Meeting Regarding the Election of the Local Service District Committee of Buchans Junction Order under the Local Service District Regulations and the Municipalities Act, 1999 (Filed August 29, 2012) Under the authority of

section 40 of the Local Service District Regulations and the Municipalities Act, 1999, I make the following Order. Dated at St. John’s, August 29, 2012. Julia Mullaley Deputy Minister of Municipal Affairs REGULATIONS Analysis 1.

Short title 2. Meeting ordered. 1. This Order may be cited as the Meeting Regarding the Election of the Local Service District Co mmittee of Buchans Junction Order.

Short title

Meeting Regarding the Election of the Local Service District Committee of Buchans Junction Order 65/12 The Newfoundland and Labrador Gazette August 31, 2012 848 2.

(1) It is ordered that a meeting of the householders of the Local Service District of Buchans Junction be held on September 6, 2012 for the purpose of electing a new Local Service District Committee.

(2) It is further ordered that Agatha Pittman be appointed to conduct the meeting referred to in subsection (1). ©William E. Parsons, Queen's Printer Meeting ordered

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 849 Index

PART I City of St.

John’s Act – Notice .............................................................................................. ...................................................... 333 Mineral Act – Notice ......................................................................................................... .......................................................... 331 Quieting of Titles Act – Notices ............................................................................................. ..................................................... 334 Trustee Act – Notices ........................................................................................................ .......................................................... 338 Urban and Rural Planning Act, 2000 – Notices ................................................................................. .......................................... 333

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Highway Traffic Act Carrier Safety NLR 63/12 CNLR 1160/96 Aug 31/12 p. 843 Regulations (Amdt.) Sch. Amdt. Highway Traffic Demeri t NLR 64/12 CNLR 753/96 Aug 31/12 p. 845 Point System Regulations Sch. Amdt. (Amdt.) Vehicle Seizure and NLR 62/12 Repeals Aug 31/12 p. 829 Impoundment Regulations, NLR 73/03 2012 (In force Sept 1/12) Municipalities Act, 1999 Meeting Regarding the NLR 65/12 New Aug 31/12 p. 847 Election of the Local Service District Committee of Buchans Junction Order

THE NEWFOUNDLAND AND LABRADOR GAZETTE August 31, 2012 850 The Newfoundland and Labrador Gazette is published from the office of William E. Parsons, Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PD F format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, sepa rate from covering letter. Number of inser tions required must be stated and the name s of all signing officers typewritten or printed.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2012-08-31
Type	gazette
Volume / chapter	printer gazette weekly issues 2012 nlg120831
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ecbb2be09889e3974fca886d752fb1221bd022e6

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