Newfoundland and Labrador Gazette, Part I — 23 October 2015, Vol. 90, No. 43 — Government Notices and Official Publications

NLG 2015-10-23

Newfoundland and Labrador — Gazette

369 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 90 ST. JOHN’S, FRIDAY, OCTOBER 23, 2015 No. 43 QUIETING OF TITLES ACT 2015 06G 0121 SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) NOTICE OF APPLICATION under the Quieting of Titles Act, RSNL1990 cQ-3, as amended. NOTICE IS HEREBY given to all parties that LEONARD BARRY and NANCY BARRY, of the Town of Port Rexton, in the District of Trinity North, in the Province of Newfoundland and Labrador, ha s applied to the Supreme Court, Trial Division, Grand Bank, to have title to all that piece or parcel of property situate at Port Rexton, in the Province of Newfoundland and Labrador which property is more particularly described in

Schedule "A" hereto annexed and shown in

Schedule "B" hereto annexed. ALL BEARINGS aforementioned, for which LEONARD BARRY and NANCY BARRY clai m to be the owners investigated and for a Declaration that they are the absolute owners in fee simple in possession and the said LEONARD BARRY and NANCY BARRY have been ordered to public Notice of Application as required by the above named Act.

All persons having title adverse to the said title claimed by the said LEONARD BARRY and NANCY BARRY shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division, Grand Bank, particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitors for the Petitioner on or before the 20 th day of November, 2015, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be investigated then in such manner as the Supreme Court of Newfoundland and Labrador, Trial Division, Grand Bank, may direct DATED AT Clarenville, in the Province of Newfoundland and Labrador, this 21 st day of September, 2015. MILLS PITTMAN & TWYNE Solicitors for the Applicants PER: Gregory J. French ADDRESS FOR SERVICE: 111 Manitoba Drive. Suite 201 Clarenville, NL A5A IK2 Tel: (709) 466-2641 Fax: (709) 466-7109 e-mail: fandrews@clarenvillelawyers.com

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 23, 2015 370 Leonard and Nancy Barry Port Rexton, NL

SCHEDULE "A" ALL THAT piece or parcel of land situate and being in the Town of Port Rexton, in the Electoral District of Trinity North abutted and bounded as follows: THAT IS TO SAY: Beginning at a point on the eastern limit of World Pond Road (12 metres wide), the said point having coordinates N 5 362 550.48 metres and E 280 452.47 metres of the Three Degree Modified Transverse Mercator Projection (NAD-83) for the Province of Newfoundland and Labrador; THENCE by property of Roy Ayles South eighty-five degrees thirty-nine minutes fifteen seconds East (S85º39ʹ15ʺ

E) one hundred and ten decimal six nine (110.69) metres; THENCE along the western limit of Country Road to a point, the said point being distant fifty decimal four nine (50.49) metres as measured on a bearing of South six degrees fifteen minutes twenty seconds East (S6º15 ʹ20ʺ

E) from·the last mentioned point; THENCE by property now or formerly Gerald Ploughman North sixty-eight degrees thirty-four minutes zero zero seconds West (N68º34 ʹ00ʺ

W) thirty-two decimal zero four (32.04) metres, North seventy-eight degrees fifty-four minutes zero zero seconds West (N78º54 ʹ00ʺ

W) ninety-six decimal five two (96.52) metres; THENCE along the said western limit of World Pond Road North seventeen degrees zero two minutes fifteen seconds East (N17º02 ʹ15ʺ

E) twenty-nine decimal five nine (29.59) metres, more or less to the point of beginning and containing an area of 0.4360 hectares. ALL bearings refer to the above mentioned Projection. The above described piece or parcel of land is subject to a Service Line Easement (5.4 me tres wide) extending through the property as shown on the plan hereto attached. Oct 23

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 23, 2015 371 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Late MAGGIE LOUISE BLACKLER, of the Town of Twillingate, 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 MAGGIE LOUISE BLACKLER, the aforesaid deceased, who died at Town of Twillingate, in the Province of Newfoundland and Labrador on or about the 16 th day of February, 2015, 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 27th day of October, 2015 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 6th day of October, 2015. BONNELL LAW Solicitor for the Executor PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, Newfoundland A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Oct 16 & 23 ESTATE NOTICE IN THE MATTER of the Estate of WILLIAM GRIFFIN, of St. John's, in the Province of Newfoundland and Labrador, Gentleman, Deceased. All persons claiming to be creditors or heirs at law of or who have any claims or demands upon or affecting the Estate of WILLIAM GRIFFIN, Late of St.

John's, in the Province of Newfoundland and Labrador, Gentleman, are hereby requested to send particulars of the same in writing, duly attested, to the Executor of the Estate of WILLIAM GRIFFIN, c/o Stewart McKelv ey, Suite 1100, Cabot Place, 100 New Gower Street, P.O. Box 5038, St. John's, Newfoundland and Labrador, A1C 5V3, Attention: Dennis J. Ryan on or before the 30 th day of November, 2015 after which date the Executor will proceed to distribute the said Estate having regard only to the claims of which it then shall have had notice. DATED at St.

John's, in the Province of Newfoundland and Labrador, this 23rd day of October, 2015. STEWART MCKELVEY PER: Dennis J. Ryan ADDRESS FOR SERVICE: P.O. Box 5038 Suite 1100, Cabot Place 100 New Gower Street St. John's, NL A1C 5V3 Oct 23 ESTATE NOTICE IN THE MATTER of the Estate of ARTHUR GORDON JAMES, Late of Channel - Port aux Basques, in the Province of Newfoundland and Labrador, Deceased.

All persons claiming to be creditors of, or who have any claims or demands either as be neficiaries or next of kin (by full or half blood, legal adoption or marriage) upon or affecting the Estate of AR THUR GORDON JAMES, retired person, who died at Channel Port aux Basques, NL on or about July 10, 2014, are hereby requested to send particulars thereof in writing, duly attest ed, to: Office of the Public Trustee, 401 - 136 Crosbie Road, St. John's, NL A1B 3K3.

Particulars will be received by the Public Trustee, as Administrator of the Estate of ARTHUR GORDON JAMES, on or before November 25, 2015, after which date the said Administrator will proceed to distribute the Estate having regard only to the claims of which he then shall have had notice. DATED at the City of St. John's, in the Province of Newfoundland and Labrador this 23 rd day of October, 2015. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of ARTHUR GORDON JAMES ADDRESS FOR SERVICE: Viking Building 401 - 136 Crosbie Road St. John’s, NL A1B 3K3 Tel: (709) 729-4513 Fax: (709) 729-3063 Oct 23

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 90 ST. JOHN’S, FRIDAY, OCTOBER 23, 2015 No. 43 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 88/15 NLR 89/15 NLR 90/15

The Newfoundland and Labrador Gazette October 23, 2015 745 NEWFOUNDLAND AND LABRADOR REGULATION 88/15 Legal Aid Regulations (Amendment) under the Legal Aid Act (O.C. 2015-220) (Filed October 22, 2015) Under the authority of

section 67 of the Legal Aid Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, October 22, 2015. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1. Sch. A to C R&S 2. Commencement 1. Schedules A to C of the Legal Aid Regulations are repealed and the following substituted:

Schedule A

Schedule of Fees in Criminal, Quasi - Criminal and Civil Matters CNLR 1010/96 as amended

Legal Aid Regulations (Amendment) 88/15 The Newfoundland and Labrador Gazette October 23, 2015 746 1. This

Schedule is a legal aid tariff reflecting fees that are considered to be reasonable for the services provided taking into consideration the experience of the solicitor and the nature and complexity of the case. 2. In taxing an account, the taxing officer shall take into consideration all the circumstances of the case, including (

a) the result obtained; (

b) the complexity of the matter; (

c) the nature of the work done; (

d) the importance of the matter to the client; (

e) the solicitor's degree of skill and competence; (

f) the number of similar or related matters handled for any one or more clients by t he solicitor and whether or not they are dealt with at around the same time; (

g) the length of the trial or hearing; (

h) the amount of court time saved; (

i) the amount of money saved by the Legal Aid Commission; (

j) the time necessarily spent; (

k) whether or not the solicitor has been successful in recovering costs; (

l) the extent to which the matter had progressed before a settlement or an agreement was reached; (

m) what a reasonable person of moderate means would be prepared to pay a solicitor to pursue a similar matter; and (

n) any other factor the taxing officer reasonably considers relevant. Legal aid tariff Taxation of account

Legal Aid Regulations (Amendment) 88/15 The Newfoundland and Labrador Gazette October 23, 2015 747 3.

(1) A solicitor may apply in writing to the provincial director for a preauthorized increase in the maximum number of allowable hours for a matter where upon initial review of the file the solic itor is of the opinion that the maximum number of allowable hours stated in the certificate is insufficient to complete the matter.

(2) Notwithstanding subsection (1), where the n eed for a n increase in the maximum number of allowable hours stated in the certificate could not have been reasonably foresee n upon initial review of the file a solicitor may , as soon as the need for additional hours becomes apparent, a pply in writing to t he provincial director for a preauthorized increase in the maximum number of allowable hours.

(3) The provincial director may prescribe the form and content of the preauthorized application for an increase in the maximum number of allowable hours. 4. A solicitor submitting an account in which the maximum number of allowable hours have been exceeded, whether or not doing so was preauthorized by the provincial director, shall justify the account having regard to the criteria in

section 2. 5. Accounts shall be prepared in duplicate and signed by the solicitor or firm submitting the account. 6. A separate a ccount shall be submitted for each legal aid client except accounts for duty counsel services. 7. If a solicitor i s representing 2 or more persons for similar or related matters or for appearances in court that occur at the same time and one of them is a private client, this fact shall be disclo sed in the solicitor's account. 8.

(1) The maximum hourly rates contained in

Section 2 of

Schedule B are divided into cat egories which indicate the rates to be paid to solicitors based on the number of years a solicitor has been a member of the bar association of the province, another province or another jurisdiction recognized by the commission.

(2) Upon receipt o f a file a solicitor may apply i n writing to the provincial director for a preauthorized increase in the maximum hourly rate contained in

section 2 of

Schedule B. Increase in maximum hours Maximum hours exceeded Accounts in duplicate, signed Separate account Representation of multiple clients Hourly rates

Legal Aid Regulations (Amendment) 88/15 The Newfoundland and Labrador Gazette October 23, 2015 748

(3) The provincial director may authorize an increase in the maximum hourly rate where he or she is satisf ied that exceptional circumstances exist that require an increase in the maximum hourly rate.

(4) The provincial director may prescribe the form and content of the preauthorized application for an increase in the maximum hourly rate. 9. All accounts shall be itemized by date, service performed and time spent. 10. The taxing officer ma y require proof and justification of all items included in an account. 11. Interim accounts may be rendered when the unbilled account balance, exclusive of disbursements, exceeds $500 and at other times that the provincial director may permit. 12. In a matter not dealt with by this Schedule, the taxing officer shall allow a reasonable fee and, in determining the fee properly payable in respect of the matter, the taxing officer shall have regard to this

Schedule for comparable services. Itemization of accounts Proof Interim accounts, disbursements Reasonable fee

Legal Aid Regulations (Amendment) 88/15 The Newfoundland and Labrador Gazette October 23, 2015 749

Schedule B Fees 1. In this

Schedule of Fees the following

definitions apply: (

a) attendance in court means attendance in court or a judge's chambers and waiting at the court house for either; (

b) preparation means a service performed on behalf of a cl ient other than attendance in court; and (

c) appeals include prerogative writ and charter of rights applications. 2.

(1) The maximum hour ly rate chargeable by a solicitor for preparation or attendance in court, including travel, is as follows: (

a) for articled students 50 (

b) for solicitors who are members of the bar for less than 5 years 120 (

c) for solicitors who are members of the bar for at least 5 years but less than 10 years 125 (

d) for solicitors who are members of the bar for 10 years or more 135

(2) For the purposes of subsection (1), travel includes in transit waiting time. 3.

(1) The maximum number of hours for preparation in criminal and quasi-criminal matters are as follows: (

a) for all offences within the exclusive jurisdiction of the Supreme Court and dangerous offender applications 200 (

b) for all offences before a judge and jury 100 (

c) for all indictable offences before a judge alone 50 Definition Maximum hourly rate Maximum hours

Legal Aid Regulations (Amendment) 88/15 The Newfoundland and Labrador Gazette October 23, 2015 750 (

d) for all

summary conviction offences 20 (

e) for all bail, bail review and bail variations before any level of court 20 (

f) for young offenders (

i) all offences and bail applications are to be taxed as if the young offender was an adult (ii) transfer hearings 50 (iii) review of disposition 10

(2) The maximum number of hours for preparation in civil matters are as follows: (

a) for divorce 7 (

b) for maintenance 20 (

c) for all custody matters except custody proceedings referred to in paragraphs (

e) and (f) 40 (

d) for all child access matters except custody proceedings referred to in paragraphs (

e) and (f) 20 (

e) for temporary custody proceedings under the Child Youth Care and Protection Act 30 (

f) for continuous custody proceedings under the Child Youth Care and Protection Act 60 (

g) for all other civil actions 20 (

h) for appeals (

i) before the Trial Division 50

Legal Aid Regulations (Amendment) 88/15 The Newfoundland and Labrador Gazette October 23, 2015 751 (ii) sentence appeals before the Court of Appeal 40 (iii) all other appeals before the Court of Appeal 75 (iv) bail pending appeal 10 (

v) Supreme Court of Canada 100 (

i) before an administrative boards and other tribunals 30 (

j) for appeals from administrative boards and other tribunals (

i) to the Trial Division 40 (ii) to the Court of Appeal, Federal Court or Federal Court of Appeal 60 (iii) to the Supreme Court of Canada 100 4. The maximum number of hours chargeable in a day for (

a) appearances in court or appearances before another trib unal, including waiting time and delays of court proceedings, is 7 hours a day; and (

b) actual time spen t travelling to and from the solicitor's ordinary place of business , including in transit waiting time, is 7 hours a day. 5. Mileage, meals and accommodations shall be paid in accordance with amounts paid by the provincial government to its e mployees. Maximum hours per day Mileage, meals and accommodations

Legal Aid Regulations (Amendment) 88/15 The Newfoundland and Labrador Gazette October 23, 2015 752

Schedule C Solicitor's Out-of-Pocket Disbursements Every solicitor who has rendered legal aid shall be entitled to be paid in accordance with this

Schedule the following out -of-pocket disbursements actually and reasonably incurred: (

a) disbursements, not being witness fees, required or permitted to be made under a statute, rule having statutory authority, regulation or order-in-council; (

b) witness fees and travelling expenses of witnesses in accordance with the statute, rule or regulation under which the pr oceeding is brought, and if no provision is made for witness fees, then in accordance with the scale of costs as set out in the Rules of Supreme Court, 1986; (

c) fees payable for a transcript of evidence taken on a preliminary inquiry, reasons for judgment or evidence for use on an appeal authorized by the regulations to be taken; (

d) subject to Schedules A and B, a solicitor's travelling expenses w here the distance travelled is more than 16 kilometres one way from the solicitor's ordinary place of business, and the solicitor satisfies the taxing officer that the travel was reasonable and necessary under the circumstances; (

e) telephone and telecommunications charges; (

f) subject to

section 158 of the regulations, the fees and out -of- pocket disbursements of his or her out -of-town agent in the province for routine attendance and services, except where the agent is acting as counsel; (

g) postage or courier charges; (

h) notwithstanding paragraph (b), with the prior approval of the provincial director, the services of a person entitled by law or practice to give expert or opinion evidence may be engaged and the reasonable and proper fees paid at th e rate

Legal Aid Regulations (Amendment) 88/15 The Newfoundland and Labrador Gazette October 23, 2015 753 specified by the provincial director in his or her authorization; and (

i) with the prior approval of the provincial director or taxing officer, any other proper out -of-pocket disbursements, including a deposit or other proper payment that may be required, made in furtherance of the proceeding or matter, which approval shall, except in an emergency, be obtained before the disbursements being made. 2. These regulations come into force on October 31, 2015. ©Queen's Printer Commencement

The Newfoundland and Labrador Gazette October 23, 2015 755 NEWFOUNDLAND AND LABRADOR REGULATION 89/15 Coast of Bays Regional Service Board Order under the Regional Service Boards Act, 2012 (O.C. 2015-219) (Filed October 22, 2015) Under the authority of

section 3 of the Regional Service Boards Act, 2012, the Lieutenant-Governor in Council, on the recommendation of the Minister of Municipal and Intergovernmental Affairs, makes the following Order. Dated at St. John’s, October 22, 2015. Julia Mullaley Clerk of the Executive Council ORDER Analysis 1.

Short title 2. Creation of region. 3. Establishment of board 1. This Order may be cited as the Coast of Bays Regional Service Board Order. 2. The towns, local service districts and unincorporated areas of the Island of Newfoundla nd situated on the Coa st of Bays including all lands south of where Provincial Highway Route Number 360 intersects with Provincial Highway Route Number 361, including communities and areas south accessed by Provincial Highway Route Numbers 360,

Short title Creation of region

Coast of Bays Regional Service Board Order 89/15 The Newfoundland and Labrador Gazette October 23, 2015 756 361, 362, 3 63, 364 and 365 and the isolated communities of Gaultois, McCallum and Rencontre East. 3. The Coast of Bays Regional Service Board is established for the region with the purpose of providing regional services in accordance with the Act. ©Queen's Printer Establishment of board

The Newfoundland and Labrador Gazette October 23, 2015 757 NEWFOUNDLAND AND LABRADOR REGULATION 90/15 Coast of Bays Regional Service Board Regulations under the Regional Service Boards Act, 2012 (Filed October 22, 2015) Under the authority of

section 19 of the Regional Service Boards Act, 2012, I make the following regulations. Dated at St. John’s, October 19, 2015. Keith Hutchings Minister of Municipal and Intergovernmental Affairs REGULATIONS Analysis 1.

Short title 2. Definition 3. Wards 4. Prescribed services 5. Recovery of debt 6. Withdrawal of service 1. These regulations may be cited as the Coast of Bays Regional Service Board Regulations. 2. In these regulations, "board" means the Coast of Bays Re gional Service Board. 3.

(1) The Coast of Bay Region shall be d ivided into 4 wards as follows:

Short title Definition Wards

Coast of Bays Regional Service Board Regulations 90/15 The Newfoundland and Labrador Gazette October 23, 2015 758 (

a) Ward 1 shall be comprised of the following communities: (

i) Belloram, (ii) Boxey, (iii) Coombs Cove, (iv) English Harbour West, (

v) Mose Ambrose, (vi) Pool's Cove, (vii) Rencontre East, (viii) St. Jacques, and (ix) Wreck Cove; (

b) Ward 2 shall be comprised of the following communities: (

i) St. Alban's, (ii) St. Joseph's Cove, (iii) Milltown-Head of Bay d'Espoir, (iv) Morrisville, and (

v) St. Veronica's; (

c) Ward 3 shall be comprised of the following communities: (

i) Gaultois, (ii) McCallum, (iii) Seal Cove (Fortune Bay),

Coast of Bays Regional Service Board Regulations 90/15 The Newfoundland and Labrador Gazette October 23, 2015 759 (iv) Hermitage-Sandyville, and (

v) Harbour Breton; and (

d) Ward 4 shall be comprised of the Miawpukek First Nation.

(2) The number of members appointed or elected to the board from each ward shall be as follows: (a) 3 members from Ward 1; (b) 3 members from Ward 2; (c) 3 members from Ward 3; and (

d) one member from Ward 4. 4. The board has the power to construct, acquire, maintain and operate a waste management system within the Coast of Bays region. 5. An amount owing under

section 24 of the Act is a debt due to the board and the board may recover it by civil action in a court. 6. The board may stop providing a ser vice to a municipal authority, user or other person where the municipal authority, user or other person fails to comply with a policy of the board respecting the service. ©Queen's Printer Prescribed services Recovery of debt Withdrawal of service

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 23, 2015 761 Index

PART I Quieting of Titles Act – Notice .................................................................................................................................................... 369 Trustee Act – Notices ........................................................................................................ .......................................................... 371

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. Legal Aid Act Legal Aid NLR 88/15 Amends Oct 23/15 p. 745 Regulations (Amdt) CNLR 1010/96 Sch. A to C R&S Regional Service Boards Act, 2012 Coast of Bays Regional NLR 89/15 New Oct 23/15 p. 755 Service Board Order Coast of Bays Regional NLR 90/15 New Oct 23/15 p. 757 Service Board Regulations

THE NEWFOUNDLAND AND LABRADOR GAZETTE October 23, 2015 762 All other public notices required by law to be published in The Newfoundland and Labrador Gazette , eg., Corporations Act, M unicipalities Act, Quieting of Titles Act, Urban and Rural Planning Act, etc., are priced according to size: for Single Column $3.30 per cm or Double Column $6.60 per cm, plus 13% HST. The Newfoundland and Labrador Gazette is published from the Office of the Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m. , seven days before publication date to ensure inclusion in next issue.

Advertisements must be submitted in either PDF format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, separate from c overing letter. Number of inser tions required must be stated and the names of all signing officers typewritten or printed. Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca. Subscription rate for The Newfoundland and Labrador Gazette is $137.50 for 52 weeks plus 5% tax ($144.38). Weekly issues, $3.30 per copy, plus 5% tax ($3.47) payable in advance.

All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: O ffice of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649. Fax: (709) 729-1900.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2015-10-23
Type	gazette
Volume / chapter	printer gazette weekly issues 2015 nlg151023
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f0ea390e405624f34bd106a25539c3360837ce39

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