Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 49

AN ACT TO REMOVE

ANOMALIES AND ERRORS

IN THE STATUTE LAW

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS W. MARSHALL , QC

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

General: The purpose of this Bill is to bring before

the House of Assembly matters in the statute law that require legislative

correction as a result of amendments or enactments made in previous sessions.

The amendments contained in this Bill have been brought to the attention of the

Minister of Justice and are technical amendments not involving matters of

policy. Each amendment is explained by

reference to the clause of the Bill by which it is proposed.

Clause 1 of the Bill is the short

title.

Clause 2 of the Bill would amend the Adoption Act

(

a) to correct a citation error in cross-referencing

in subsection 5(10); and

(

b) to remove redundant words from subsection

20(3).

Clause 3 of the Bill would amend the Attorney General Statutes Amendment Act,

2004 to repeal provisions amending, in the first instance, the Mining and Mineral Rights Tax Act, 2002

and, secondly the Occupational Health and

Safety Act . The amendments were

duplicates of amendments passed by other Acts.

Clause 4 of the Bill would amend the City of Corner Brook Act to correct an

incorrect reference to another Act. The

error arose when the Law Society Act

was replaced by the Law Society Act, 1999 .

Clause 5 of the Bill would amend the City of Mount Pearl Act to correct an

incorrect reference to another Act. The

error arose when the Law Society Act

was replaced by the Law Society Act, 1999 .

Clause 6 of the Bill would amend the Court Security Act to clarify that the

requirements of subsections 6(2) and 8(3) apply individually and not

cumulatively.

Clause 7 of the Bill would amend the Family Violence Protection Act to

confirm the jurisdiction of the Provincial Court to hear and determine applications under the Act.

Clause 8 of the Bill would amend

subsection 9(2) of the Fish Inspection

Act to remove a reference to justice of the peace. This reference was overlooked in the Justices of the Peace Amendment Act passed

in 2004.

Clause 9 of the Bill would amend the Labour Relations Act to repeal

section

148 which requires the board to prepare an annual report. This

section has been made redundant by the

enactment of the Transparency and

Accountability Act .

Clause 10 of the Bill would amend the

Lobbyist Registration Act

(

a) to clarify that it is by way of regulations

that the Lieutenant-Governor in Council may exclude persons from the application

of the Act. The Act is currently silent

on how the exclusion is effected;

(

b) to align reporting requirements for a

consultant lobbyist with those for an in-house lobbyist. The Act currently requires an in-house

lobbyist to report whether he or she expects to lobby in the 6 month period

immediately following his or her report.

The amendment would impose the same time period on a consultant lobbyist;

(

c) to change the reference in subsection 15(2)

from an in-house lobbyist, which is incorrect, to the correct reference, namely

a senior official of an organization that engages in lobbying; and

(

d) to remove an erroneous reference in paragraph

28(3)(

b) to the registrar of lobbyist and replace it with a reference to the

commissioner.

Clause 11 of the Bill would amend the

Members of the House of Assembly Retiring

Allowances Act to provide that the surviving children of a surviving

principal beneficiary are eligible to receive a survivor's benefit in the event

of the death of the principal beneficiary.

The provision appears in all pension legislation and was inadvertently

omitted from this Act.

Clause 12 of the Bill would amend the

Mineral Regulations

(

a) to amend the definition of department to

reflect current practice; and

(

b) to amend subsection 13(1) to reflect the

requirement, elsewhere in the regulations, that map staked licence applications

be made electronically instead of in person or by mail.

Clause 13 of the Bill would amend the

Municipalities Act, 1999 to correct

an incorrect reference to another Act.

The error arose when the Law

Society Act was replaced by the Law

Society Act, 1999 .

Clause 14 of the Bill would amend the

Private Training Institutions Act to

clarify the authority of the Lieutenant-Governor in Council to delegate powers

and duties to the minister under regulations that the Act authorizes the

Lieutenant-Governor in Council to make.

Clause 15 of the Bill would amend the

Provincial Parks Regulations to

replace a reference to "manmade object" with "constructed or

fabricated object" in keeping with the long-established government policy

of gender neutrality in its statute law.

Clause 16 of the Bill would amend the

Public Service Commission Act to

correct an error created recently when the Act was amended to provide that

employees of the House of Assembly establishment and the statutory offices of

the House of Assembly would be eligible to participate in internal competitions

within the public service. In addition

to a change in the definition of "public service" an amendment to

subsection 3(1) was required. This is

that amendment.

Clause 17 of the Bill would amend the

Securities Act to correct an error of

reference. A reference to an

"insurer" should be one to an "issuer".

Clause 18 of the Bill would amend the

Student Financial Assistance Act

(

a) to remove a redundant provision;

(

b) to clarify the authority of the

Lieutenant-Governor in Council to delegate powers and duties to the minister

under regulations that the Act authorizes the Lieutenant-Governor in Council to

make; and

(

c) to clarify that student loans issued on or

before April 1, 2004 but acquired after that date by the Student Loan

Corporation may be dealt with by the corporation as if they had been assumed on

or before that date.

Clause 19 of the Bill would add a

provision to the Support Orders

Enforcement Act, 2006 to repeal the predecessor to that Act. It was inadvertently omitted.

Clause 20 of the Bill would amend the

Waste Management Regulations, 2003 to

correct an incorrect cross-reference.

Clause 21 of the Bill is a general

amendment reflecting the practice since 1995 of defining the term

"minister" generically rather than by reference to a specific

ministerial title.

A BILL

AN ACT TO REMOVE ANOMALIES AND ERRORS IN

THE STATUTE LAW

Analysis

Short title

Adoption Act

Attorney General Statutes Amendment Act,

City of Corner Brook Act

City of Mount Pearl Act

Court Security Act

7. Family Violence Protection Act

Fish Inspection Act

Labour Relations Act

Lobbyist Registration Act

Members of the House of Assembly

Retiring Allowances Act

Mineral Regulation

Municipalities Act, 1999

14. Private Training Institutions Act

Provincial Parks Regulations

16. Public Service Commission Act

Securities Act

Student Financial Assistance Act

Support Orders Enforcement Act, 2006

Waste Management Regulations, 2003

General Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Attorney

General Statutes Amendment Act, 2006.

SNL1999 cA-2.1

as amended

2. (1) Subsection 5(10) of the Adoption Act is repealed and the

following substituted:

(10) Where an adoption agency does not comply with

this Act, a director may, notwithstanding a penalty that may be imposed under

section 72, revoke a licence issued to that agency under this Act.

(2) Subsection 20(3) of the Act is repealed and

the following substituted:

(3) A person shall

(

a) be a resident of the province for at least 6

months; and

(

b) have had a child placed and residing in his or

her home for at least 6 months

immediately before making an application

under this Act to adopt that child.

SNL2004 c47

(1) Section 24 of the Attorney General Statutes Amendment Act, 2004 is repealed.

(2) Subsections 27(1) and (2) of the Act are

repealed.

(3) Subsections (1) and (2) are considered to have

come into force on December 16, 2004 .

RSNL1990 cC-15

as amended

4. Subsection 441(1) of the City of Corner Brook Act is repealed and the following substituted:

Prosecutions

(1) Prosecutions

for offences under this Act may be carried out by the council or its agents or

a constable, notwithstanding

section 76 of the Law Society Act, 1999.

RSNL1900 c16

as amended

5. Subsection 441(1) of the City of Mount Pearl Act is repealed and the following substituted:

Prosecutions

(1) Prosecutions for offences under this Act may be carried out by the council or

its agents or a constable, notwithstanding

section 76 of the Law Society Act, 1999.

SNL2004 cC-37.01

6. (1) Subsection 6(2) of the Court Security Act is repealed and the

following substituted:

(2) A security officer may evict a person from a

court area if that person

(

a) refuses to be screened for weapons; or

(

b) is in possession of a weapon and is not

authorized by the regulations or a security officer to possess a weapon in a

court area.

(2) Subsection 8(3) of the Act is repealed and the

following substituted:

(3) A person causes a disturbance within the

meaning of subsection (2) where he or she

(

a) fights, screams, shouts, swears, sings or uses

insulting or obscene language;

(

b) is impaired by alcohol or drugs;

(

c) impedes or molests another person; or

(

d) acts in a manner that a judge considers to be

disruptive.

SNL2005 cF-3.1

7. The Family

Violence Protection Act is amended by adding immediately after

section 2

the following:

Authority of

judge

2.1 Notwithstanding

sections 5 and 6 of the Unified Family

Court Act , an application under this Act shall be made to and heard and

determined by a judge in accordance with this Act and the regulations.

RSNL1990 cF-12

as amended

8. Subsection 9(2) of the Fish Inspection Act is repealed and the following substituted:

(2) A provincial court judge, who is satisfied by

an information upon oath or affirmation that there are reasonable grounds for

believing that there is on the premises anything that there are reasonable

grounds to believe will give evidence with respect to an offence under this Act

or the regulations, may issue a warrant authorizing an inspector named in the

warrant to enter and seize all fish or marine plants and containers or cartons

of them that are considered necessary, subject to the conditions that may be

specified in the warrant.

RSNL1990 cL-1

as amended

(1) Section 148 of the Labour Relations Act is repealed.

(2) Subsection (1) comes into force on the day the

Transparency and Accountability Act

comes into force.

SNL2004 cL-24.1

as amended

10. (1) Paragraph 4(1)(

q) of the Lobbyist Registration Act is repealed

and the following substituted:

(

q) those other persons or classes of persons that

may be prescribed by the Lieutenant-Governor in Council by regulation.

(2) Paragraphs 5(4)(

m) and (

n) of the Act are

repealed and the following substituted:

(

m) whether the consultant lobbyist

(

i) has lobbied a member of the House of Assembly

in the member's capacity as a member or a person on the staff of a member of

the House of Assembly during the period for which the return is filed, and

(ii) expects to lobby a member of the House of

Assembly in the member's capacity as a member or a person on the staff of a

member of the House of Assembly during the next following 6 month period;

(

n) the techniques of communication, including

grass-roots communication, that the consultant lobbyist

(

i) has used to lobby during the period for which

the return is filed, and

(ii) expects to use to lobby during the next

following 6 month period;

(3) Subsection 15(2) of the Act is repealed and

the following substituted:

(2) The registrar shall notify a consultant lobbyist

or senior officer of an organization that has failed to meet the obligations referred

to under subsection (1) of the particulars of that failure, and if those obligations

have not been met within 5 days of that notification, the registrar may then

remove the return from the registry.

(4) Paragraph 28(3)(

b) of the Act is repealed and

the following substituted:

(

b) where the commissioner has notified the

consultant lobbyist or in-house lobbyist of his or her proposed action under

paragraph (

a) and provided that lobbyist with the opportunity to respond under

that paragraph, he or she shall, where the decision is taken to proceed under

subsection (1), notify the registrar in writing of the commissioner's final decision.

SNL2005 cM-6.1

11. (1) Subsection 13(4) of the Members of the House of Assembly Retiring

Allowances Act is repealed and the following substituted:

(4) Where a pensioner or a vested member referred

to in subsection (1) dies

(

a) leaving no surviving principal beneficiary; or

(

b) leaving a surviving principal beneficiary who

dies after that pensioner or vested member,

the survivor benefit shall be paid to or

for the benefit of his or her surviving children while they are under the age

of 18 years or under the age of 25 years while they are in full-time attendance

at a recognized school or post-secondary institution.

(2) Subsection 22(5) of the Act is repealed and

the following substituted:

(5) Where a pensioner or a vested member referred

to in subsection (1) dies

(

a) leaving no surviving principal beneficiary; or

(

b) leaving a surviving principal beneficiary who

dies after that pensioner or vested member,

1/3 of the survivor benefit shall be paid

to or for the benefit of each of his or her surviving children or, where the

total amount payable under this

section would exceed the maximum benefit

payable under this Act, the survivor benefit shall be

divided equally among all of the eligible children.

(3) Subsections (1) and (2) are considered to have

come into force on December 13, 2005 .

CNLR 1143/96

as amended

(1) Paragraph 2(

e) of the Mineral Regulations is repealed and the

following substituted:

(e) "department" means the department

presided over by the minister;

(2) Subsection 13(1) of the regulations is

repealed and the following substituted:

Deposit not

required

(1) A

genuine prospector may make application electronically, in the manner provided

by the recorder, for map staked licences without submitting the deposit

referred to in subparagraph 8(b)(ii), but

(

a) no more than 5 licences shall be granted to

the genuine prospector in a calendar year;

(

b) licences granted to the genuine prospector in

the calendar year shall include a maximum of 30 claims; and

(

c) the deposit referred to shall become payable

in full where a transfer, except to the heir of the genuine prospector, is registered

with respect to one or more of the licences.

SNL1999 cM-24

as amended

13. Subsection 421(1) of the Municipalities Act, 1999 is repealed and the following substituted:

Prosecutions

(1) Prosecutions

for offences under this Act may be carried out by a council or a local service

district committee or its agent or a peace officer, notwithstanding

section 76

of the Law Society Act, 1999.

RSNL1990 cP-25

as amended

Section 19 of the Private Training Institutions Act is amended by adding immediately

after subsection (2) the following:

(3) Regulations made under this

section may confer

powers or impose duties on the minister with respect to matters dealt with in

those regulations.

NLR 91/97

as amended

15. Paragraph 2(

i) of the Provincial Parks Regulations is repealed and the following

substituted:

(i) "structure" means a constructed or fabricated object

intended to be permanent or semi permanent in nature and includes a

(

i) house,

(ii) cottage,

(iii) cabin,

(iv) wharf,

(

v) dock,

(vi) boathouse,

(vii) slipway,

(viii) trailer,

(ix) mobile home,

(

x) tent,

(xi) tent platform, and

(xii) recreational vehicle used for any purpose, including a motor

vehicle; and

RSNL1990 cP-43

as amended

16. Subsection 3(1) of the Public Service Commission Act is repealed and the following

substituted:

Application of

Act

(1) This

Act applies to

(

a) those portions of the public service of the

province specified in

Schedule A to this Act;

(

b) a body or agency considered to be a portion of

the public service of the province for the purposes of this Act and added to

that

Schedule under this section; and

(

c) the House of Assembly establishment and the

statutory offices of the House of Assembly.

RSNL1990 cS-13

as amended

17. Subsections 73(20) and (21) of the Securities Act are amended by striking

out the word "insurer" wherever it occurs and substituting the word

"issuer".

SNL2002 cS-29.01

as amended

18. (1) Subsection 15(2) of the Student Financial Assistance Act is

repealed.

(2) Section 16 of the Act is amended by adding

immediately after subsection (2) the following:

(3) Regulations made under this

section may confer

powers or impose duties on the minister with respect to matters dealt with in

those regulations.

(3) Section 17.1 of the Act is amended by

renumbering it as subsection 17.1(1) and by adding immediately after that

subsection the following:

(2) Subsection (1) applies to a loan entered into

on or before April

1, 2004 and purchased by the corporation

after that date as if it had been assigned to the corporation on or before that

date.

SNL2006 cS-31.1

(1) The Support Orders Enforcement Act, 2006 is amended by adding

immediately after

section 86 the following:

RSNL1990 cS-31.1

Rep.

86.1 The Support

Orders Enforcement Act is repealed.

(2) Subsection (1) comes into force on the day the

Support Orders Enforcement Act, 2006

comes into force.

NLR 59/03

as amended

20. Subsection 23(5) of the Waste Management Regulations, 2003 is repealed and the following

substituted:

(5) Notwithstanding paragraph 21(1)(i), this

section shall apply to a tire or used tire from a vehicle referred to in

subparagraphs (iii) and (iv) of that paragraph.

General Amdt.

21. Where, in

an Act, a provision defines the word

"minister" by reference to a department of the government, it is

repealed and the following substituted:

"minister"

means the minister appointed under the Executive

Council Act to administer this Act;

Earl G. Tucker, Queen's Printer