Newfoundland and Labrador Gazette, Part I — 28 July 2017, Vol. 92 — Lands Act Notice

NLG 2017-07-28

Newfoundland and Labrador — Gazette

Vol. 92 ST . JOHN’S, FRIDAY , JULY 28, 2017 No . 30 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY PUBLIC SERVICE PENSIONS ACT, 1991 NOTICE OF CORPORATION NAME CHANGE NOTICE IS HEREBY given that pursuant to

Section 36.1(6) of the Public Service Pensions Act, 1991 (the “Act”), the Public Service Pension Plan Corporation is changing its name to Provident 10 to be effective as of the 30 th day following publication of this notice. The Board of Directors approved the change of name by affirmative vote at a meeting of the Board of Directors held on June 27, 2017. PUBLIC SERVICE PENSION PLAN CORPORATION Chuck Bruce, Chief Executive Officer Jul 28 LANDS ACT NOTICE OF INTENT,

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

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Three Island Pond in the District of Topsail–Paradise for the purpose of a wharf. The land is described as follows (to the extent of the intrusion on the reservation): Bounded on the North by Crown land for a distance of 4.9 metres; Bounded on the East by Crown land for a distance of 2.7 metres; Bounded on the South by Crown land for a distance of 4.9 metres; Bounded on the West by Crown land for a distance of 2.7 metres; and, containing an area of approximately 20 square metres.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of the notice on the Department of Fisheries and Land Resources website, Crown Lands, http://www. ma.gov.nl.ca/lands/index.html, to the Minister of Fisheries and Land Resources by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O. Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca 231

● Western Regional Lands Office, P.O. Box 2006, S ir 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 received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Jul 28 TRUSTEE ACT ESTATE NOTICE IN THE ESTATE of JOHN W.

COLEMAN, Fisherman, Late of the Town of Isle Aux Morts, Province of Newfoundland and Labrador, Deceased. All persons claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin, (by blood, legal adoption or marriage) upon or affecting the Estate of JOHN W.

COLEMAN, Retired, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Executrix of the Estate of the said deceased on or before the 31 st day of August, 2017, after which date the said Executrix will proceed to distribute the said Estate having regard only to the claims to which she shall then have had notice. DATED at the Town of Channel-Port aux Basques, Province of Newfoundland and Labrador, this 21 st day of July, 2017. MARKS & PARSONS Solicitors for the Executrix PER: M. Beverley L. Marks, Q.C. ADDRESS FOR SERVICE: P.O.

Box 640 174 Caribou Road Channel-Port aux Basques, NL A0M lC0 Tel: (709) 695-7338/7341 Fax: (709) 695-3944 Jul 28 ESTA TE NOTICE IN THE MATTER OF the Estate and Effects of Late CALVIN JENNINGS PELLEY , of Gander, 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 CALVIN JENNINGS PELLEY , the aforesaid deceased, who died at Town of Gander, in the Province of Newfoundland and Labrador on or about the 4 th day of February, 2017, 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 7 th day of August, 2017 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 19 th day of July, 2017. BONNELL LA W 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 Jul 28 THE NEWFOUNDLAND AND LABRADOR GAZETTE July 28, 2017 232

Vol. 92 ST . JOHN’S, FRIDAY , JULY 28, 2017 No . 30 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 69/17 NLR 70/17 NLR 71/17 NLR 72/17

NEWFOUNDLAND AND LABRADOR REGULATION 69/17 Milk Regulations, 1998 (Amendment) under the Milk Scheme, 1998 under the Natural Products Marketing Act (Filed July 27, 2017) Under the authority of

section 8 of the Milk Scheme, 1998 and the Natural Products Marketing Act , the Dairy Farmers of Newfoundland and Labrador make the following regulations. Dated at St. John’s, July 27, 2017. John Moores General Manager Dairy Farmers of Newfoundland and Labrador REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.4 R&S Licences refusal, suspension or revocation 3.

Part I.1 and I.2 Added

PART I.1 PAYMENT FOR MILK 7.1 Payments from registered processor 7.2 Payments to registered producer

PART I.2 MILK QUALITY STANDARDS 7.3

Definitions 7.4 Testing of raw milk 1155 The Newfoundland and Labrador Gazette July 28, 2017

Milk Regulations, 1998 (Amendment) 69/17 7.5 Compliance with milk quality standards 7.6 Penalties for violation of milk quality standards 7.7 Reinstatement of licence 7.8 Notice 7.9 Payment of penalty 4. Ss. 20 & 21 Rep. 5. S.27 R&S Collection of service charge

Section 2 of the Milk Regulations , 1998 is amended by deleting the word "and" at the end of paragraph (d), by deleting the period at the end of paragraph (

e) and substituting a semi - colon and the word "and" and by adding immediately afte r that paragraph the following: (f) "raw milk" means milk that has not been pasteurized.

Section 4 of the regulations is repealed and the following substituted: 4. The DFNL may refuse to issue or renew a licence or may suspend or revoke a licence where the applicant or licensee contravenes a condition of the licence, these regulations or an order of the DFNL. 3. The regulations are amended by adding immed iately after

Part I the following:

PART I.1 PAYMENT FOR MILK 7.1 A registered processor purchasing milk from the DFNL shall pay the DFNL no later than (

a) the twenty-fifth day of the month for milk collected from the first day to the fifteenth day of the month; and (

b) the tenth day of the following month for milk collected from the sixteenth day to the last day of the month. 7.2.

(1) The DFNL shall pay a registered producer in 2 instalments each month for milk collected in the previous month.

(2) The first instalment shall be (

a) paid on the first day of the month; (

b) the same amount each month; and NLR 69/98 as amended Licences refusal, suspension or revocation Payments from registered processor Payments to registered producer 1156 The Newfoundland and Labrador Gazette July 28, 2017

Milk Regulations, 1998 (Amendment) 69/17 (

c) determined by the DFNL at the beginning of each year.

(3) The second instalment shall be (

a) paid on the fifteenth day of the month; and (

b) the amount owing to the registered producer for milk collected in the previous month less (

i) the amount of the first instalment; and (ii) the monies owing by the registered producer to the DFNL.

(4) Where the first or fifteenth day of the month is not a business day, the instalment shall be paid on the next business day following those dates.

(5) Notwithstanding paragraph (2)(b), (

a) the DFNL may cancel or adjust the first i nstalment at any time; or (

b) a registered producer may apply to the DFNL for a review of the first instalment amount and the DFNL may adjust that amount for the remainder of the year.

PART I.2 MILK QUALITY STANDARDS 7.3. In this Part (a) "bacteria standard" means a bacterial count of a max imum of 50,000 mesophilic aerobic colony forming units per ml or 121,000 individual bacterial count per ml; (b) "milk quality standards" means the bacteria standard and the somatic cell standard; and (c) "somatic cell standard" means a somatic cell count of a maximum of 400,000 per ml.

Definitions 1157 The Newfoundland and Labrador Gazette July 28, 2017

Milk Regulations, 1998 (Amendment) 69/17 7.4

(1) Raw milk shall be tested for compliance with the milk quality standards by a laboratory (

a) accredited by the Standards Council of Canada; and (

b) approved by the DFNL.

(2) Raw milk shall be tested at least (

a) twice a month to determine its bacterial count; and (

b) four times a month to determine its somatic cell count.

(3) The method used to test raw milk shall conform with (

a) the methods outlined in the latest edition of the Standard Methods for the Examination of Dairy Products approved by the American Public Health Association; (

b) the Official Methods of Analysis of the Association of Official Analytical Chemists; or (

c) a method approved by the DFNL. 7.5 A registered producer shall ensure that its milk complies with the milk quality standards. 7.6

(1) If, in any 3 month period, 40% of the milk samples of a registered producer tested under sec tion 7.4 are found to violate the milk quality standards and if at least one of those findings occurred in the third month, the registered producer is liable to the following penalties with respect to any milk marketed in the third month: (a) $3 per hectolitre in the case of a first violation incurred within a 12 month period; (b) $4 per hectolitre in the case of a second violation incurred within a 12 month period; and (c) $5 per hectolitre in the case of a third or subsequent violation incurred within a 12 month period.

Testing of raw milk Compliance with milk quality standards Penalties for violation of milk quality standards 1158 The Newfoundland and Labrador Gazette July 28, 2017

Milk Regulations, 1998 (Amendment) 69/17

(2) Where a registered producer is liable to a penalty under subsection (1) for a (

a) fourth violation within a 12 month period , the DFNL shall suspend the registered producer's licence for a minimum of 6 days; (

b) fifth violation w ithin a 12 month period, the DFNL shall suspend the registered producer's licence for a minimum of 12 days; and (

c) sixth violation within a 12 month period, the DFNL shall suspend the registered producer's licence for a minimum of 24 days. 7.7

(1) The DFNL may reinstate a licence suspended under paragraph 7.6(2)(

a) where (a) 6 days have elapsed since the licence was suspended; and (

b) the registered producer's milk is tested and does not violate the milk quality standards.

(2) The DFNL may reinstate a licence suspended under paragraph 7.6(2)(

b) where (a) 12 days have elapsed since the licence was suspended; (

b) the registered producer's milk is tested and does not violate the milk quality standards; and (

c) the registered producer's farm is inspected and meets the quality standards approved by the DFNL.

(3) The DFNL may reinstate a licence suspended under paragraph 7.6(2)(

c) where (a) 24 days have elapsed since the licence was suspended; (

b) the registered producer's milk is tested and does not violate the milk quality standards; Reinstatement of licence 1159 The Newfoundland and Labrador Gazette July 28, 2017

Milk Regulations, 1998 (Amendment) 69/17 (

c) the registered producer's farm is inspected and meets the quality standards approved by the DFNL; and (

d) the registered producer submitted an application to the DFNL for the reinstatement of its licence and the DFNL is satisfied that (

i) the violations of the milk quality standards resulted from exceptional circumstances; and (ii) the registered producer demonstrated that appropriate measures have been taken to deliver milk that meets the milk quality standards. 7.8

(1) Where a registered producer becomes liable to a penalty under

section 7.6, the DFNL shall notify the registered producer in writing of the penalty payable.

(2) Notice referred to in subsection (1) may be sent to the last known address of the registered producer (

a) by regular mail, and if so sent, the notice is considered to have been received within 5 business days from the date it is postmarked; (

b) electronically, and if so sent, the notice is considered to have been received on the day of transmission if the notice is transmitted before 4 p.m. or the next day that is not a Saturday, Sunday or a holiday, if the notice is transmitted after 4 p.m.; or (

c) personally or by courier, and if so sent, the notice is considered to have been received upon delivery. 7.9 A penalty incurred under

section 7.6 shall be deducted from the money otherwise payable to the registered producer under

section 7.2. 4. Sections 20 and 21 of the regulations are repealed.

Section 27 of the regulations is repealed and the follow ing substituted: Notice Payment of penalty 1160 The Newfoundland and Labrador Gazette July 28, 2017

Milk Regulations, 1998 (Amendment) 69/17 27. A service charge under paragraph 26(

b) shall be collected by registered processors and remitted to the DFNL no later than the ni nth day of the month following all deliveries and sales of milk made to registered processors in the preceding month. ©Queen's Printer Collection of service charge 1161 The Newfoundland and Labrador Gazette July 28, 2017

NEWFOUNDLAND AND LABRADOR REGULATION 70/17 Child Care Regulations (Amendment) under the Child Care Act (Filed July 27, 2017) Under the authority of

section 34 of the Child Care Act, I make the following regulations. Dated at St. John’s,July 27, 2017. Dale Kirby Minister of Education and Early Childhood Development REGULATIONS Analysis 1. S.54 Amdt. Caregiver to child ratio 2. S.64 R&S Outdoor play structures 3. S.69 Amdt. Caregiver to child ratio 1. Subsection 54(8) of the Chi ld Care Regulations is repealed and the following substituted:

(8) Notwithstanding subsection (7), where there are more than 3 children that are 2 years old or younger assigned to the same homeroom, the second car egiver assigned to that homeroom shall als o hold at least level I certification. NLR39/17 as amended 1163 The Newfoundland and Labrador Gazette July 28, 2017

Child Care Regulations (Amendment) 70/17

Section 64 of the regulations is repealed and the following substituted: 64.

(1) In addition to the requirements under

section 39, a play structure for use in an outdoor play area of a centre shall be designated by the manufacturer as designed for commercial use.

(2) Notwithstanding subsection (1), where a play structure is not designated by the manufacturer as designed for commercial use, it may be used in an outdoor play area of a centr e where it has been approved by an inspector appointed under the Act as safe for use in a centre.

(3) Approval of a play structure under subsection (2) shall be obtained (

a) within a year of the coming into force of these regulations where the play structure was being used at a centre in which a child care service (

i) was being operated under a valid licence issued under the Child Care Services Act on the coming into force of these regulations, and (ii) is being operated in the same centre in which it was being operated on the coming info force of these regulations; or (

b) before the play structure is used at the centre. 3. Subsection 69(5) is repealed. ©Queen's Printer Outdoor play structures 1164 The Newfoundland and Labrador Gazette July 28, 2017

NEWFOUNDLAND AND LABRADOR REGULATION 70/17 Child Care Regulations (Amendment) under the Child Care Act (Filed July 27, 2017) Under the authority of

section 34 of the Child Care Act, I make the following regulations. Dated at St. John’s,July 27, 2017. Dale Kirby Minister of Education and Early Childhood Development REGULATIONS Analysis 1. S.54 Amdt. Caregiver to child ratio 2. S.64 R&S Outdoor play structures 3. S.69 Amdt. Caregiver to child ratio 1. Subsection 54(8) of the Chi ld Care Regulations is repealed and the following substituted:

(8) Notwithstanding subsection (7), where there are more than 3 children that are 2 years old or younger assigned to the same homeroom, the second car egiver assigned to that homeroom shall als o hold at least level I certification.

NLR39/17 as amended 1165 The Newfoundland and Labrador Gazette July 28, 2017 NEWFOUNDLAND AND LABRADOR REGULATION 71/17 Proclamation bringing sections 6, 19, 25, 28 and 30 of the Act into force (SNL 2016 cM-1.001) (In force July 27, 2017) under the Management of Greenhouse Gas Act (O.C. 2017-230) (Filed July 27, 2017) PROCLAMATION ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. FRANK F.

FAGAN TODD ST ANLEY Lieutenant Governor Deputy Attorney General (Acting) T O ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 31 of

An Act to Regulate Greenhouse Gas Emissions from Industrial Facilities in the Province , SNL 2016,

Chapter M-1.001 (the “Act”) it is provided that the Act. or a section, subsection, paragraph or subparagraph of the Act shall come into force on a date to be fixed by Proclamation of Our Lieutenant Government Council; AND

WHEREAS it is deemed expedient that certain sections of the Act shall now come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that sections 6, 19, 25, 28 and 30 of

An Act to Regulate Greenhouse Gas Emissions from Industrial Facilities in the Province, SNL 2016,

Chapter M-1.001, shall come into force on the date of publication of this Proclamation in The Newfoundland and Labrador Gazette. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

1166 The Newfoundland and Labrador Gazette July 28, 2017 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland arid Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Frank F. Fagan, Member of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John’s, this 27th day of July in the year of Our Lord two thousand and seventeen in the sixty-sixth year of Our Reign.

BY COMMAND, JAMIE CHIPPETT REGISTRAR GENERAL (Acting) Proclamation bringing sections 6, 19, 25, 28 and 30 of the Act into force under the Management of Greenhouse Gas Act (In force July 27,2017) 71/17

1167 The Newfoundland and Labrador Gazette July 28, 2017 NEWFOUNDLAND AND LABRADOR REGULATION 72/17 Management of Greenhouse Gas Administrative Penalty Regulations under the Management of Greenhouse Gas Act (O.C. 2017-231) (Filed July 27, 2017) Under the authority of paragraph 30(1)(

m) of the Management of Greenhouse Gas Act , the Lieutenant -Governor in Council makes the following regulations. Dated at St. John’s,July 27, 2017. Elizabeth Day Clerk of the Executive Council (Acting) REGULATIONS Analysis 1.

Short title 2. Administrative penalty 3. Amount 4. Notice 5. Payment 1. These r egulations may be cited as the Management of Greenhouse Gas Administrative Penalty Regulations. 2. Where a person contravenes one or more of the following provisions of the Manage ment of Greenhouse Gas Reporting Regulations, the minister may order that person to pay to the government of the province an administrative penalty of not less than

Short title Administrative penalty

1168 The Newfoundland and Labrador Gazette July 28, 2017 Management of Greenhouse Gas Administrative Penalty Regulations 72/17 $1,500 and not more than $7,500 for each day or part of a day the contravention occurs or continues to occur: (a) subsection 7(1); (b) subsection 7(5); (c) subsection 7(6); (d) subsection 7(8); (e) subsection 8(1); (f) subsection 8(3); (

g) section 9; (h) subsection 10(4); (i) subsection 10(5); (j) subsection 18(2); (k) subsection 18(3); (

l) section 19; (m) subsection 20(3); (n) subsection 20(4); (o) subsection 21(4); (p) subsection 21(5); and (q) subsection 22(2). 3. In determining the amount of the administrative penalty under

section 2 the minister shall consider (

a) the severity of the contravention; Amount

1169 The Newfoundland and Labrador Gazette July 28, 2017 Management of Greenhouse Gas Administrative Penalty Regulations 72/17 (

b) the degree of wilfulness or negligence in the contravention; (

c) whether there was any mitigation relating to the contravention; (

d) whether steps were taken to prevent reoccurrence after the contravention; (

d) whether the industrial facility has a history of non- compliance; and (

e) any other factors the minister considers relevant. 4.

(1) Where the minister orders a person to pay a n administrative penalty under these regulations, he or she shall give wr itten notice to that person.

(2) A notice under subsection (1) shall include (

a) the name of the person required to pay the administrative penalty; (

b) the basis on which the administrative penalty was ordere d; and (

c) the address for payment of the administrative penalty.

(3) Notice under these regulations shall be given (

a) to a person other than a corporation, by (

i) personal delivery, (ii) registered mail or other mail delivery which produces a receipt or other proof of deliver y, to the last kn own address of the person, or (iii) fascimile t elecommunication or other electronic communication; and (

b) to a corporation, by Notice

1170 The Newfoundland and Labrador Gazette July 28, 2017 Management of Greenhouse Gas Administrative Penalty Regulations 72/17 (

i) personal delivery to a director or chief exec utive officer of the corporation, or (ii) registered mail or other mail delivery which produces a receipt or other proof of delivery, to the registered office of the corporation. 5. An administrative penalty imposed under these regulations shall be payable within 60 days from the date of the service of the notice. ©Queen's Printer Payment

THE NEWFOUNDLAND AND LABRADOR GAZETTE July 28, 2017 1171 Index

PART I Public Service Pensions Act, 1991 - Notice ................................................................................................................................... 231 Lands Act - Notice ......................................................................................................................................................................... 231 T rustee Act – Notices .................................................................................................................................................................... 232

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Child Care Act Child Care Regulations (Amendment) NLR 70/17 Amends NLR 39/17 S.54 Amdt. S.64 R&S S.69 Amdt.

Extraordinary Gazette July 27, 2017 Jul 28/17 p. 1163 Management of Greenhouse Gas Act Proclamation bringing sections 6, 19, 25, 28 and 30 of the Act into force (In force July 28/17) NLR 71/17 New Jul 28/17 p. 1165 Management of Greenhouse Gas Administrative Penalty Regulations NLR 72/17 New Jul 28/17 p. 1167 Milk Scheme, 1998 and Natural Products Marketing Act Milk Regulations, 1998 (Amendment) NLR 69/17 Amends NLR 69/98 S.2 Amdt. S.4 R&S

Part I.1 & I.2 Added S.20 & 21 Rep. S.27 R&S Jul 28/17 p. 1155

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For quotes please contact the Office of the Queen’s Printer queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 THE NEWFOUNDLAND AND LABRADOR GAZETTE July 28, 2017 1172

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2017-07-28
Type	gazette
Volume / chapter	printer gazette weekly issues 2017 nlg170728
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f0b65e38dec77e55e8baaacae978fbfcf73b0b68

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