Newfoundland and Labrador Gazette, Part I — 13 March 2009, Vol. 84, No. 11 — Government Notices and Official Publications

NLG 2009-03-13

Newfoundland and Labrador — Gazette

127 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 84 ST. JOHN’S, FRIDAY, MARCH 13, 2009 No. 11 JUDICATURE ACT Rules of the Supreme Court, 1986 PRACTICE NOTE P.N. (TD and UFC) No. 2009-01 DATE ISSUED March 1, 2009 STATUTE AFFECTED: Family Law Act, R.S.N.L. 1990, c.

F-2, s. 42, 65(5) RULES AFFECTED: None EFFECTIVE DATE: Upon publication PREVIOUS PRACTICE NOTES REVISED: N/A The following Practice Note was filed with the Registrar, as Secretary of the Rules Committee of the Trial Division and Unified Family Court, and is published consistent with rule 4.04 of the Rules of the Supreme Court, 1986: FILING OF DOMESTIC CONTRACTS Family Law Act, RSNL 1990 c.F-2 Background 1.

There is inconsistent practice in Supreme Court of Newfoundland and La brador, Unified Family Court and Trial Division, with respect to the filing of domestic contracts (marriage contracts, separation agreements, cohabitation agreements and paternity agreements) pursuant to the Family Law Act, RSNL 1990 c.F-2. This issue does not contain any Subordinate Legislation

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 13, 2009 128 2. The inconsistent practice includes : filing the domestic contract with the court clerk with no supporting affidavit; filing the domestic contract with a supporti ng affidavit; and filing the domestic contract with a supporting affidavit and a draft Order. In some cases an order has been made by the court directing that the contract be filed in the court and in some cases the contract has been filed without an order. 3.

In order to bring about consistency in family law practice in the courts throughout the Province, the following practice note has been prepared. Practice Note 4. When a party wishes to file a domestic contract (including a marriage contract, separation agreement, cohabitation agreement or paternity agreement) in the Unified Family Court or the Trial Division, an affidavit must accompany the agreement proposed for filing. 5. The affidavit of at least one of the parties shall identify the agreement and state that it is in effect and has not been set aside or varied by a court or agreement of the parties. 6.

The affidavit may take the form of the affidavit attached to this Practice Note as

Schedule “A”. 7. The provisions of a domestic contract filed in this manner may, without more, be enforced as an order of the court in accordance with the provisions of the Family Law Act. AUTHORIZED BY: J. DEREK GREEN Chief Justice of the Supreme Court Of Newfoundland and Labrador, Trial Division and Unified Family Court CHRISTOPHER CURRAN, Q.C. Registrar of the Supreme Court & Secretary, Rules Committee

SCHEDULE “A” IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION/UNIFIED FAMILY COURT In the matter of a Domestic Contract pursuant to the Family Law Act B E T W E E N : A p p l i c a n t AND: Respondent AFFIDAVIT PER SECTIONS 42 and 65(5) OF THE FAMILY LAW ACT I, of , Newfoundland and Labrador, make oath and say that: 1. I have read the attached agreement between , and me and it is in effect and has not been set aside or varied by a court or agreement of the parties. Sworn to at in the Province of Newfoundland and Labrador, this day of , 20___ before me: Mar 13

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 13, 2009 129 URBAN AND RURAL PLANNING ACT TOWN OF GLOVERTOWN MUNICIPAL PLAN AMENDMENT NO. 2, 2008 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 2, 2008 TAKE NOTICE that the Town of Glovertown Municipal Plan Amendment No. 2, 2008 and Development Regulations Amendment No. 2, 2008 as adopted on the 26th day of November, 2008 and approved on the 14 th day of January, 2009, have been registered by the Minister of Municipal Affairs.

In general terms the purpose of the amendments is to accommodate a residential subdivision between the Terra View Drive – Bayview Heights area and Northwest Brook by changing the Plan Designation and the Development Regulations Zone from Rura l Resource to Residential Medium Density. This development would retain the 15 metre crown land reservation along Northwest Brook The Municipal Plan Amendment No. 2, 2008 and Development Regulations Am endment No. 2, 2008 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of the Glovertown Municipal Plan Amendment No . 2, 2008 and Development Regulations Amendment No. 2, 2008 may do so at the Glovertown Town Office during normal working hours.

TOWN OF GLOVERTOWN Joanne Perry, Town Clerk Mar 13 NOTICE OF REGISTRATION TOWN OF GRAND FALLS – WINDSOR MUNICIPAL PLAN AMENDMENT NO. 2, 2008 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 4, 2008 TAKE NOTICE that the Town of Grand Falls – Windsor Municipal Plan Amendment No . 2, 2008 and Development Regulations Amendment No. 4, 2008, adopted on the 18 th day of November 2008, (as amended) and approved on the 9th day of December 2008, has been registered by the Minister of Municipal Affairs.

In general terms, the pu rpose of Municipal Plan Amendment No. 2, 2008 is to re-designate approximately 0.3 hectares of land at 2 Southcott Drive from “Commercial” to “Residential”. In general terms, the purpose of Development Regulations Amendment No. 4, 2008 is to rezone the property at 2 Southcott Drive from “Commercial Neighbourhood” to “Residential Low Density” and list a “Double Dwelling” as a Discretionary Use in this zone.

The Grand Falls – Windsor Municipal Plan Amendment No. 2, 2008 and Development Regulations Amendment No. 4, 2008 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Grand Falls – Windsor Municipal Plan Amendment No. 2, 2008 and Development Regulations Amendment No. 4, 2008 may do so at the Town Office, 5 High Street, Grand Falls – Windsor, NL during normal working hours. TOWN OF GRAND FALLS-WINDSOR Michael Pinsent, Town Clerk P.

O. # 010847 Mar 13 NOTICE OF REGISTRATION TOWN OF NAIN DEVELOPMENT REGULATIONS AMENDMENT No.1, 2008 TAKE NOTICE that the Town of Nain Development Regulations Amendment No .1, 2008 adopted on the 28 th day of October, 2008 has been registered by the Minister of Municipal Affairs. In general term, the purpose of Development Regulations Amendment No.1, 2008 is to add “Property Caretakers Residence” to the list of uses in the Discretionary Use Classes for the Industrial Zone, and add the following condition to the said zone : 7.

A property caretaker’s resi dence use in the IND zone shall be subject to the following requirements:

a) Such residence may be approved or continued only where a non-conforming residential use exists and only for the purpose of enabling reconstruction or replacement which would not be otherwise allowed pursuant to the Development Regulations

b) Only one single dwelling is permitted on the lot

c) The dwelling is to be occupied only by an employee or agent of th e owner or operator of the industrial use located on the lot

d) Requirements concerning use of the structure as a dwelling shall comply with the Conditions applicable to single dwellings in the Residential (RES) Zone The Nain Development Regul ations Amendment No.1, 2008 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 the Nain Development Regulations Am endment No.1, 2008 may do so at the Nain Town Office during normal working hours. TOWN OF NAIN Dasi Ikkusek, Town Manager Mar 13

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 13, 2009 130 NOTICE OF REGISTRATION TOWN OF PARADISE DEVELOPMENT REGULATIONS AMENDMENT #39-2009 Take notice that the Town of Paradise Municipal Development Regulations Amendment No. 39 – 2009, adopted on the 3rd day of February 2009, has been registered by the Minister of Municipal Affairs. In general terms, this Development Regulations Amendment allows educational facilities to be considered as discretionary uses within Residential Medium Density and Residential High Density zones.

The amendment comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone wishing to inspect a copy of Development Regulations Amendments No. 39 – 2008, may do so at the Paradise Town Hall, 28 McNamara Drive, during normal hours of operation. TOWN OF PARADISE Joyce Moss, Town Clerk P.

O. # 20627 Mar 13 NOTICE OF REGISTRATION TOWN OF PLACENTIA MUNCIPAL PLAN AMENDMENT NO. 1, 2008 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2008 TAKE NOTICE that the Town of Placentia Municipal Plan Amendment No. 1, 2008 and Development Regulations Amendment No. 1, 2008 adopted on the 20th day of January 2008 (as amended) and approved on the 20 th day of January, 2008 have been registered by the Minister of Municipal Affairs.

In general terms, the purpose of the Municipal Plan Amendment No. 1, 2008 is to accommodate windmills and wind farms and similar uses in the Rural and Protected Water Supply designations and zones as a discretionary use. The relevant sections of the Municipal Plan are clarified and updated. In general terms, the Development Regulations Amendment No. 1, 2008 is en acted to comply with Amendment No. 1, 2008 of the Placentia Municipal Plan.

The Town of Placentia Municipal Plan Amendment No. 1, 2008 and Development Regula tions Amendment No. 1, 2008 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the Town of Placentia Municipal Plan Amendment No. 1, 2008 and Development Regulations Amendment No. 1, 2008 may do so at the Town Office, Placentia during normal working hours.

TOWN OF PLACENTIA Ed O’Keefe, CAO Mar 13 CHANGE OF NAME ACT C-8 RSNL 1990 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- LEOLA CATHERINE LEGGE (MITCHELL) of 205 Robinsons Road, Robinsons, NL, in the Province of Newfoundland and Labrador, as follows: To change my name from LEOLA CATHERINE LEGGE (MITCHELL) to CATHERINE LEOLA MITCHELL-HURST DATED this 26th day of February, 2009.

LEOLA CATHERINE LEGGE (MITCHELL) (Signature of Applicant) Mar 13 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- HELEN ANN BUTT of 5 Fir Terrace, Corner Brook, A2H 5T1, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from RANDY GEORGE RYAN to RANDY GEORGE BUTT DATED this 6th day of March, 2009. HELEN ANN BUTT (Signature of Applicant) Mar 13

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 13, 2009 131 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- JESSIE STELLA DORIS DOLLARD (BURT) of P. O. Box 507, Botwood, A0H 1E0, in the Province of Newfoundland and Labrador, as follows: To change my from JESSIE STELLA DORIS DOLLARD (BURT) to JESSIE STELLA DORIS DOLLAND (BURT) DATED this 25th day of February, 2009.

JESSIE STELLA DORIS DOLLARD (BURT) (Signature of Applicant) Mar 13 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- STEPHANIE JOANNE WHYNOTT of 12 Sweetapple Drive, Mount Moriah, in the Province of Newfoundland and Labrador, as follows: To change my name from STEPHANIE JOANNE WHYNOTT to STEPHANIE JOANNE ELLSWORTH DATED this 4th day of March, 2009.

STEPHANIE JOANNE WHYNOTT (Signature of Applicant) Mar 13 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ANTHONY FRANCIS WALLACE COADY of P. O. Box 752, Bayview St reet, Marystown, A0E 2M0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from JACK CAMERON JARVIS to JACK ANTHONY JARVIS COADY DATED this 2nd day of March, 2009.

ANTHONY FRANCIS WALLACE COADY (Signature of Applicant) Mar 13 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- STEPHANIE PATRICIA MARIE O’REILLY of 18 Scott Street, Apt 2, St. John’s, A1C 2P7 in the Province of Newfoundland and Labrador, as follows: To change my name from STEPHANIE PATRICIA MARIE O’REILLY to STEPHANIE PATRICIA MARIE HOLLAHAN DATED this 2nd day of March, 2009.

STEPHANIE PATRICIA MARIE O’REILLY (Signature of Applicant) Apr 11 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services for a change of name, pursuant to the provisions of the Change of Name Act, by me:- PATRICK NICHOLAS JARVIS of 26 Pondview Court, St. John’s, A1E 4V7, in the Province of Newfoundland and Labrador, as follows: To change my name from PATRICK NICOLAS JARVIS to PATRICK NICHOLAS HARDING DATED this 5th day of March, 2009. PATRICK NICHOLAS JARVIS (Signature of Applicant) Mar 13

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 13, 2009 132

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 13, 2009 133 MOTOR CARRIER ACT IN THE MATTER OF THE MOTOR CARRIER ACT, cM-19, RSNL 1990 AND IN THE MATTER OF THE APPLICATION FOR A MOTOR CARRIER CERTIFICATE NOTICE OF APPLICATION TAKE NOTICE that JAMAR TRANSPORT LIMITED, P. O.

Box 400, 6 Third Avenue, Badger, NL, A0H 1A0, has applied to the Board of Commissioners of Public Utilities under the provisions of the Motor Carrier Act , cM-19, RSNL 1990, for the issuance of a Certificate as a motor carrier to provide the following services: REGULAR PUBLIC PASSENGER BUS SERVICE for the transportation of passengers and their baggage at separate fares from St. John’s to Port aux Basques and the reverse thereof via Highway Route 1. This authority will include pick up and drop off privileges at intermediate points enroute.

The Board, having reviewed the application, has granted provisional approval and shall is sue said Certificate, unless a person who objects to the app lication files with the Board a notice of objection to the a pplication together with a written statement setting out in full the reasons why the application should be denied and relevant documentary evidence.

The objector must also serve on the applicant a copy of the notice of objectio n, the statement of reasons and the relevant documentary evidence filed with the Board by personal service or by prep aid, registered mail, at the address shown on the application, and proof of service must be supplied to the Board. The evidence to be submitted must be received by the Board within twenty days of the date of the publication of this notice, at the office of the Board at Suite East 210, Prince Charles Building, Torbay Road, St. John’s, NL or by mail to P. O. Box 21040, St. John’s, NL A1A 5B2.

Dated at Badger, NL, this 23rd day of February, 2009. JASON HURLEY Signature of Applicant Mar 13 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of JAMES ANDREW MAHONEY, late of St. John’s in the Province of Newfoundland and Labrador, Retired Director, Deceased. All persons claiming to be creditors of, or who have any claims or demands upon or affecting the Estate of the above named JAMES ANDREW M AHONEY, Deceased, are hereby requested to send

part iculars of same, in writing, duly attested, to the undersigned Solicitors for the Executor of the Estate of the said JAMES ANDREW MAHONEY, on or before the 13 th day of April, 2009, after which date the Executor will proceed to distribute the said Estate, having regard only to the claims of which he then shall have had notice. DATED at St. John’s, Newfoundland and Labrador, this 6 th day of March, 2009. BENSON MYLES PLC INC. Solicitors for the Executor PER: Christopher D.G. Pike ADDRESS FOR SERVICE Suite 900, Atlantic Place 215 Water Street P.O. Box 1538 St.

John’s, NL A1C 5N8 Tel: 709-579-5081 Fax: 709-739-8184 Mar 13 ESTATE NOTICE IN THE MATTER OF the CECIL DIAMOND, late of Change Islands, in the Province of Newfoundland and Labrador, Deceased All persons claiming to be cr editors of or who have any claims or demands either as be neficiaries or next of kin (by blood, legal adoption or marriage) upon or affecting the Estate of CECIL DIAMOND who died at Change Islands, NL on or about December 25 th, 2009, are hereby requested to send particulars thereof in writing, duly attested, to the Registrar Supreme Court, Viking Building, 136 Crosbie Road, Suite 401, St.

John’s, NL, A1B 3K3, Administrator of the Estate of CECIL DIAMOND on or before April 3 rd, 2009, 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 St. John’s, this 2nd day of March, 2009 REGISTRAR OF THE SUPREME COURT, Administrator of the Estate of Cecil Diamond PER: Anne Marie Green ADDRESS FOR SERVICE: Viking Building 136 Crosbie Road, Suite 401 St. John’s, NL, A1B 3K3 Tel: 709-729-2548 Fax: 709-729-3063 Mar 13

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 84 ST. JOHN’S, FRIDAY, MARCH 13, 2009 No. 11 Index

PART I Change of Name Act – Applications ............................................................................................. .............................................. 130 Judicature Act– Practice Note................................................................................................. ..................................................... 127 Motor Carrier Act – Notice .................................................................................................... ...................................................... 133 Trustee Act– Notices ........................................................................................................... ......................................................... 133 Urban and Rural Planning Act– Notices.......................................................................................... ............................................. 129

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. No Subordinate Legislation Filed at Time of Publication

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 13, 2009 68 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions 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.

Advertising rates are available upon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office 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.

Web Site: http://www.gs.gov.nl.ca/gs/oqp Place your order by contacting: Office of The Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 email: queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2009-03-13
Type	gazette
Volume / chapter	printer gazette weekly issues 2009 2009 03 13
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fbba3f1fe0a542a023d0ad99ef5aa8ed00167d71

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