177 NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland, 2001 as enacted up to Mar. 14, 2002 . THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 77 ST. JOHN'S, FRIDAY, MARCH 28, 2002 No. 13 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF WABANA MUNICIPAL PLAN AMENDMENT NO. 1, 2002 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2002 TAKE NOTICE that the Town of Wabana Municipal Plan Amendment No. 1, 2002 and Development Regulations Amendment No. 1, 2002, adopted on the 12th day of February 2002, (as amended) and approved on the 7th day of March, 2002, has been registered by the Minister of Municipal and Provincial Affairs. In general terms, the purpose of Municipal Plan Amendment No. 1, 2002 is to change a

section in the West Mines area of town from a Residential Services area to a Commercial area. In general terms, the purpose of Development Regulations Amendment No. 1, 2002 is to change a

section in the West Mines area of town from a Residential Low Density (RLD) area to Commercial General (CG). Council has received an application for a pub from this area, as well there is already a convenience store in the area and vacant land, which can be commercially developed in the future. The Wabana Municipal Plan Amendment No. 1, 2002, and Development Regulations Amendment No. 1, 2002 come into effect on the day th at this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wishes to inspect a copy of the Wabana Municipal Plan Amendment No. 1, 2002 a nd Development Regulations Amendment No. 1, 2002 may do so at the Town Office, Wabana during normal working hours. TOWN OF WABANA Per: Peter Kent Town Clerk March 28 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Linda May Tapper, late of St. John’s, in the Province of Newfoundland and Labrador, Canada, hairdresser, intestate. All persons claiming to be creditors of the late Linda May Tapper, late of St.

John’s, aforesaid, or who have any claims or demands upon or affecting the Estate of Linda May Tapper, are hereby requested to send particulars of same in writing and duly attested, to the undersigned solicitors for the Administrator of the Estate, on or before the 30 th day of April, 2002, after which date, the Administrator will proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice. LEARMONTH, DUNNE & CLARKE Barristers, Solicitors & Notaries Per: Joseph F. Boulos

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2002 178 ADDRESS FOR SERVICE: P.O. Box 700 22 Church Hill St. John’s, NF A1C 5L4 March 28 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Joseph G. Goobie, late of Queen’s Cove, in the Province of Newfoundland and Labrador, Deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the estate of Joseph G.

Goobie, late of Queen’s Cove, in the Province of Newfoundland and Labrador, deceased, are hereby requested to send particulars of the same in writing, duly attested, to the undersigned, Solicitors for the Executrix of the estate on or before the 8 th day of April, 2002, after which date the said Executrix will proceed to distribute the said estate having regard only to the claim of which she shall then have had notice. DATED AT Clarenville, in the Province of Newfoundland and Labrador, this 20 th day of March, 2002. MILLS, HUSSEY & PITTMAN Solicitors for the Executrix Per: Corwin Mills ADDRESS FOR SERVICE: P.O.

Box 970 Manitoba Professional Building Manitoba Drive Clarenville, NF A0E 1J0 March 28 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that the Coast of Bays Corporation of Zone 13 intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2)(

a) of the said Act, to that piece of Crown Land situated within fifteen metres of the waters of The Tickle, Connaigre Bay in the Electoral District of Fortune Bay, Newfoundland and Labrador, for the purpose of construction of a landing facility and being more particularly described as follows: Bounded on the North by Crown Land for a distance of 20 m; Bounded on the East by Ocean for a distance of 15 m; Bounded on the South by Ocean for a distance of 15 m; Bounded on the West by Ocean for a distance of 15 m; and containing an area of approximately 300 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Central Regional Lands Office, P. O. Box 2222, Gander, NF., A1V 2N9. For further information regarding the proposed application, please contact COBC, Head Office, (709)538- 3627. Requests for information on the processing of Crown Land applications under

Section 7(2) of the Lands Act, may be sent to the Central Regional Office at the above address. Telephone (709) 729-3699. March 28 NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that 10736 NF Inc., of Glovertown intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) of the said Act, to that piece of Crown Land situated within fifteen metres of the waters of Alexander Bay in the Electoral District of Terra Nova, Newfoundland and Labrador, for the purpose of commercial use and being more particularly described as follows: Bounded on the North by Crown Land for a distance of 53.20 m; Bounded on the East by the Town of Glovertown for a distance of 3 m; Bounded on the South by 10736 NF Inc. for a distance of 53.20 m Bounded on the West by 10736 NF Inc. for a distance of 3 m; and containing an area of approximately 59 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Central Regional Lands Office, P. O. Box 2222, Gander, NF., A1V 2N9.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2002 179 For further information regarding the proposed application, please contact Hughes & Brannan, (709)466- 3106. Requests for information on the processing of Crown Land applications under

Section 7(2) of the Lands Act, may be sent to the Central Regional Office at the above address. Telephone (709) 729-3699. March 28 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- BRENDA LEE STRINGER of P. O.

Box 1267, Clarenville, A0E 1J0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from MELISSA JEAN RIBBLE to MELISSA JEAN RIBBLE STRINGER DATED this 22nd day of February, 2002. BRENDA STRINGER (Signature of Applicant) March 28 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- CHARLENE AGNES MILMORE of P. O.

Box 96, Holyrood, A0A 2R0 in the Province of Newfoundland and Labrador, as follows: To change my name from CHARLENE AGNES MILMORE to CHARLENE AGNES HEPDITCH DATED this 12th day of February, 2002. CHARLENE MILMORE (Signature of Applicant) March 28 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SHIRLEY CRITCH of P. O.

Box 1338, Manuels, A1W 1E5, in the Province of Newfoundland and Labrador, as follows: To change my name from SHIRLEY ANN MARIE CRITCH to SHIRLEY ANN MARIE CRITCH-DUNNE To change my minor unmarried child’s name from ASHLEY MARY CRITCH to ASHLEY MARY CRITCH-DUNNE CHRISTINA MARIE DUNNE to CHRISTINA MARIE CRITCH-DUNNE DATED this 25th day of March, 2002.

SHIRLEY CRITCH (Signature of Applicant) March 28 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:-

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2002 180 RITA MARY CELESTE STRANG of 28 Vancouver Street, St. John’s, A1A 2R6, in the Province of Newfoundland and Labrador, as follows: To change my name from RITA MARY CELESTE STRANG to CELESTE MADDIGAN DATED this 27th day of February, 2002. CELESTE STRANG (Signature of Applicant) March 28 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- TRAVIS SCOTT BATH of P. O.

Box 686, Springdale, A0J 2T0, in the Province of Newfoundland and Labrador, as follows: To change my name from TRAVIS SCOTT BATH to TRAVIS SCOTT GRAY DATED this 13th day of March, 2002.

TRAVIS BATH (Signature of Applicant) March 28 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- BEVERLEY WHELAN of General Delivery, Southern Bay, Bonavista South, A0C 2M0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from CHARLOTTE JESSICA BRENNAN to CHARLOTTE JESSICA WHELAN DATED this 21 st day of March, 2002. BEVERLEY WHELAN (Signature of Applicant) March 28

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 77 ST. JOHN'S, FRIDAY, MARCH 28, 2002 No. 13 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 24/02 NLR 25/02 NLR 26/02 NLR 27/02 NLR 28/02 NLR 29/02

The Newfoundland and Labrador Gazette March 28, 2002 183 NEWFOUNDLAND AND LABRADOR REGULATION 24/02 Labour Standards Regulations (Amendment) under the Labour Standards Act (O.C. 2002-124) (Filed March 25, 2002) Under the authority of sections 26 and 27 of the Labour Standards Act, the Lieutenant-Governor in Council makes the following regula- tions. Dated at St. John’s, March 20, 2002. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1. S.8 R&S Minimum wage 2. S.9 Amdt. Overtime wage 3. Commencement

Section 8 of the Labour Standards Regulations is repealed and the following substituted: 8.

(1) Effective May 1, 2002, ever y employer shall pay to every employee a wage rate of not less than $5.75 an hour.

(2) Effective November 1, 2002 , every employer shall pay to every employee a wage rate of not less than $6.00 an hour. CNLR 781/96 as amended Minimum wage

Labour Standards Regulations (Amendment) 24/02 The Newfoundland and Labrador Gazette March 28, 2002 184 2. Subsections 9(1) to (1.2) of the regulations are repealed and the following substituted: 9.

(1) For the purpose of

section 25 of the Act, effective April 1, 2003 overtime wages shall be paid at a rate of not less than one and one half times an employee’s regular rate of pay. 3.

(1) Section 1 shall come into force on May 1, 2002.

(2) Section 2 shall come into force on April 1, 2003. ©Earl G. Tucker, Queen's Printer Overtime wage Commencement

The Newfoundland and Labrador Gazette March 28, 2002 185 NEWFOUNDLAND AND LABRADOR REGULATION 25/02 Newfoundland and Labrador Child Benefit Regulations (Amendment) under the Income Tax Act, 2000 (O.C. 2002-122) (Filed March 25, 2002) Under the authority of

section 68 of the Income Tax Act, 2000 the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, March 20, 2002. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1. S.5 Amdt. Benefit reduction calculation 2. Commencement

Section 5 of the Newfoundland and Labrador Child Benefit Regulations is amended by deleting wherever it occurs the figure "$16,744" and substituting the figure "$17,397". NLR 45/99 as amended

Newfoundland and Labrador Child Benefit Regulations (Amendment) 25/02 The Newfoundland and Labrador Gazette March 28, 2002 186 2. These regulations shall come into force on July 1, 2002. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette March 28, 2002 187 NEWFOUNDLAND AND LABRADOR REGULATION 26/02 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed March 25, 2002) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following rules. Dated at St. John’s, March 21, 2002. Barry R. Sparkes, B.C.L. Registrar of the Supreme Court Secretary, Rules Committee RULES Analysis 1. Rule 7A Added RULE 7A CLASS ACTIONS 7A.01

Interpretation 7A.02 Commencement of proceedings 7A.03 File administration 7A.04 Certification appli- cation 7A.05 Application for cert- ification by defendant 7A.06 Subclass certification 7A.07 Class action plan 7A.08 Amendment to pleadings 7A.09 Pre-trial conference 7A.10 Settlement, discon- tinuance and aban- donment 7A.11 Representative proceedings 2. Commencement

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 188 1. The Rule of the Supr eme Court, 1986 are amended by in- serting immediately after Rule 7 the following: RULE 7A CLASS ACTIONS

Interpretation 7A.01.

(1) In this rule, (a) "Act" means the Class Actions Act; (b) "case management judge" means the judge or his or her alternate designated by the Chief Justice to case manage a class proceeding and to consid er the application for certifi- cation; (c) "class proceeding" includes (

i) a class action as defined in the Act, (ii) a proceeding that is comme nced on behalf of members of a class and is described in a pleading or application as having been brought pursuant to the provisions of the Act, even though it may not then have been certified as a class action, (iii) a proceeding that is comme nced on behalf of members of a class and is otherwise identified as a proceeding to which the Act may apply, and (iv) a proceeding that is certified as a class action on the application of a defendant pursuant to

section 4 of the Act, or in respect of which an application for such certi- fication is pending; and (d) "class proceedings co-ordin ator" means the court clerk or other official designated by the Registrar from time to time as the person having responsibility for administrative co- ordination and management of class proceedings in the Court.

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 189

(2) Expressions used in this rule shall have the meaning as- signed to them in the Act unless the context requires otherwise.

(3) The rules of court and the general practice and procedure of the Trial Division shall apply to class proceedings unless they are in- consistent with the Act or this rule.

(4) The rules of court, including Rule 7A, and the procedures to be followed with respect to class proceedings shall be interpreted and applied to achieve the objects of the Act, and in particular (

a) to promote the effective and economical use of the judicial system; (

b) to make the court system more accessible to the public; and (

c) to ensure that parties responding to a class proceeding are able to present their case fairly to the court. Commencement of proceedings 7A.02.

(1) Where the plaintiff intends, at the commencement of the proceeding, that a certification order under the Act will be sought in respect of the proceeding, or where an application is made to certify a class action under the Act, (

a) the style of cause shall include, or be amended to include, the words "Brought under the Class Actions Act " immedi- ately below the listed parties; and (

b) the file number assigned to the proceeding shall have ap- pended at the end of the file number the letters "CP" indi- cating that it is intended as a class proceeding.

(2) Where a certification order is granted in respect of a pro- ceeding the file number assigned to the proceeding shall have appended at the end of the file number the letters "CCP" in place of the letters "CP", indicating that it is a certified class proceeding.

(3) Where a certification order is refused in respect of a pro- ceeding or the proceeding is decertif ied, the words "Brought under the Class Actions Act " shall be removed from the style of cause and the

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 190 letters "CP" or "CCP" appended at the end of the file number shall be removed.

(4) Where a plaintiff intends at the commencement of a pro- ceeding that a certification order w ill be sought under the Act, the originating document shall contain a paragraph describing the essential characteristics of the class on wh ose behalf the proceeding has been commenced. File administration 7A.03.

(1) The Registrar shall designate an official in the registry of the Judicial Centre of St. John’s to act as the class proceedings co- ordinator.

(2) The class proceedings co-ordinator shall maintain a list of all active class proceedings commenced in all judicial centres.

(3) On the commencement of a cl ass proceeding or on the filing of an application to certify a clas s action in a judicial centre other than in the Judicial Centre of St. John’s, the Deputy Registrar or Assistant Deputy Registrar in that judicial centre shall notify the class proceed- ings co-ordinator of the particulars of the proceeding.

(4) On being made aware of the ex istence of a class proceeding, the class proceedings co-ordinator shall notify the Chief Justice and the Chief Justice or a judge designated by him shall designate a judge to act as the case management judge with re spect to the proceeding. An al- ternate case management judge may al so be designated, at the time of designation of the case management judge or subsequently, to act in the place of the case management judge in the event of his or her inability to act in respect of an application or meeting.

(5) The case management judge shall, once all counsel are iden- tified (

a) convene a meeting with all counsel to discuss (

i) the timing of the certification application, (ii) the steps to be taken with reference to the making of the certification application and the setting of milestones in relation thereto,

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 191 (iii) the appropriateness of making pre-certification motions, (iv) the extent of examination fo r discovery, if any, that may be appropriate prior to the hearing of the certification application, (

v) the appropriateness of rest ructuring the proceeding as a proceeding not governed by the Act, and (vi) other matters pertinent to or affecting the proper con- duct of the proceeding as a class proceeding; (

b) hear and decide all pre-certification applications; (

c) hear and decide the certification application; and (

d) in accordance with

section 15 of the Act, hear and decide all applications in any class action so certified.

(6) The case management judge may at the request of a party or on his or her own motion at a convenient time on notice to all parties convene and hold case management meetings where in the opinion of the judge they will assist in the conduct of the class proceeding.

(7) The case management judge may incorporate a decision made by consent in a case management meeting in an order, or in the event of disagreement of the parties on a particular matter, adjourn the matter into chambers or Court for full argument and decision.

(8) Where a case management judge has been assigned in ac- cordance with this rule, all subsequent applications in the proceeding shall be made to that judge and the party filing an application in the registry shall endorse on the appli cation the name of the case manage- ment judge.

(9) The class proceedings co-ordinator shall bring to the atten- tion of the case management judge an application submitted for filing in accordance with rule 7A.03(8), obtain an appropriate date from that judge for the hearing of that application and notify the parties of that date. Certification application

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 192 7A.04.

(1) An application for certification shall contain: (

a) a description of the class to be certified, including the method of determining whether a person is a member of the class for the purposes of (

i) identifying whether any individual may be entitled to the relief sought in the proceeding, (ii) identifying all those persons who will be bound by the result of the proceeding, and (iii) describing those persons who will be entitled to notice pursuant to the Act; (

b) a description of the person or persons proposed as the repre- sentative plaintiff or plaintiffs and their suitability in terms of (

i) ability to fairly and adequa tely represent the interests of the class or sub-class, (ii) the preparation of a plan setting out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and (iii) the absence of any conflict with the interests of other class members on any of the common issues; (

c) a description of the nature of the claims asserted on behalf of and the relief sought by the class or sub-class, including a description of those questions of law or fact, if any, that are particular to each member individually; (

d) a statement of the common issues for the class or sub-class; (

e) the form of the notice of certification that is proposed to be given by the representative plai ntiff to the class members in accordance with

section 19 of the Act; and (

f) other information as may be necessary or desirable to enable the court to comply with

Part I of the Act.

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 193

(2) An application for certification shall be supported by an affidavit of the applicant and be served on all other parties at least 20 days before the day set for the hearing.

(3) Unless otherwise ordered, a person upon whom an applica- tion and affidavit is served shall, not less than 10 days or such other period as the court may order, before the date of the hearing of the application, file an affidavit and deliver a copy thereof to all other par- ties.

(4) A person filing an affidavit under rule 7A.04(2) shall (

a) set out the material on which that person intends to rely at the hearing of the application, including the basis of the pro- posed representative plaintiff’s personal claim and the rea- son that similar circumstances ex ist for the rest of the class members; (

b) set out sufficient information to establish that the proposed representative plaintiff is aware of the responsibilities to be undertaken and willing to undertake the role; (

c) depose that the person knows of no fact material to the ap- plication that has not been disclosed; (

d) depose that he or she knows of no other class or representa- tive proceeding in this or another jurisdiction relating to all or part of the action proposed to be certified, or if he or she is aware of another such class or representative proceeding, state the particulars thereof; and (

e) provide the person’s best information on the number of members in the proposed class, including references to any expert reports dealing with statistical data on the size of the class and the size of the losses incurred by the class.

(5) Where under subsection 7(2) of the Act a class is divided into resident and non-resident sub-classes, a separate representative plaintiff shall be designated for each sub-class.

(6) Where it appears that a class or representative proceeding covering all or a part of the matters to be dealt with in a class proceed- ing in this province has been certified in another jurisdiction in Canada,

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 194 the court in considering whether and to what extent to grant the certifi- cation application (

a) may consider whether it would be appropriate to define the class as excluding the class certi fied in the other jurisdiction or as excluding persons who do not opt out of the other pro- ceeding; (

b) may consider whether the other jurisdiction is a more con- venient forum for the matter, an d where the interests of the class resident in this province can be adequately represented in the other proceeding by the resident class members opting into that proceeding, stay the application; (

c) may grant the application without reference to the other proceeding; or (

d) make such other disposition as may be desirable.

(7) In accordance with subsection 3( 4) of the Act, a person who is not a member of the class may be certified as the representative plaintiff where it is necessary to a void a substantial injustice to the class, including: (

a) a parent, guardian or the Registrar, where the members of the class are persons under disability and one of their num- ber is unable to adequately represent the class; and (

b) a public agency or inco rporated advocacy group whose mandate or primary interest is the protection of the rights of that class, where one of their number is unable to adequately represent the class.

(8) A certification application may be heard in stages and the court may make separate determinations at different times with respect to the requirements for certification in

section 5 of the Act. Application for certification by defendant 7A.05.

(1) Where a defendant applies for certification under

section 4 of the Act, the defendant shall notify the class proceedings co-ordinator of his or her intention to apply for certification.

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 195

(2) If the court certifies two or more proceedings as a class ac- tion under

section 4 of the Act, the court may (

a) order the addition, deletion or substitution of parties; (

b) order the amendment and consolidation of the pleadings; (

c) order that the style of cause be changed; and (

d) make an order that it considers appropriate. Subclass certification 7A.06. Where a subclass has been certif ied under

section 7 of the Act, the court may (

a) order the addition, deletion or substitution of parties; (

b) order the amendment of the pleadings; and (

c) order that the style of cause be changed, to facilitate the certification of the subclass and the appointment of a representative plaintiff for each subclass. Class action plan 7A.07. The plan required by subparagraph 5(1)(e)(ii) of the Act shall contain: (

a) a statement of the issues of fact and law involved in the pro- ceeding; (

b) a statement of any legal difficulties or complications the proceeding may encounter; (

c) a statement of the methods of discovery and of obtaining other information relevant to the proceeding; (

d) a statement of the potential difficulties and complications in resolving individual claims once common issues have been decided;

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 196 (

e) the method of notifying members of the class or sub-class of the proceeding; (

f) how funds that may result from the proceeding will be able to be distributed; (

g) a statement of the proposed timing of the various stages of the proceeding; (

h) a proposal as to how any counterclaims and third party pro- ceedings are to be dealt with; and (

i) any other relevant matter affecting the management of the proceeding. Amendment to pleadings 7A.08. After a certification order has been granted, a party may only amend a pleading filed by that party with leave of the court. Pre-trial conference 7A.09. Notwithstanding Rule 39, a case management judge appointed under this rule shall conduct the pre-trial conference contemplated by Rule 39, whether or not he or she may be the trial judge. Settlement, discontinuance and abandonment 7A.10.

(1) Notwithstanding Rules 8, 19, 39 and 40, where it is proposed to settle, discontinue or abandon a class action, court approval shall be obtained in accordance with

section 35 of the Act.

(2) An application to court for approval of a settlement of a class action shall include: (

a) a brief history of the proceeding; (

b) a brief statement of the facts that form the basis of the set- tlement; (

c) a discussion of the relevant issues of law; (

d) the terms of the settlement and its amount;

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 197 (

e) a statement of the form of payment of the settlement; (

f) the method of quantifying individual claims and the distri- bution of the settlement funds to class members; (

g) the total amount of legal fees and disbursements and their impact on the settlement; (

h) details of unresolved claims, if any, including their number and how they are to be resolved; (

i) a plan of action for resolving individual claims; (

j) a statement of any differences in the manner of treatment of class members; (

k) the procedure for disbursing unclaimed funds; (

l) information of related class or representative proceedings in other jurisdictions; and (

m) the form of a notice proposed to be sent to class members.

(3) In considering whether to approve a settlement of a class action, the court (

a) shall consider whether the settlement is fair, reasonable and made in good faith; and (

b) shall not grant its approval me rely because the plaintiff rep- resentative is unwilling to continue with the action as a re- sult of financial obligations, time restraints or an individual settlement.

(4) Before approving a settlement of a class action, the court may direct that a notice be given to class members, together with in- formation about the proposed settlement as it considers appropriate, and allow them to be heard either orally or in writing.

Rules of the Supreme Court, 1986 (Amendment) 26/02 The Newfoundland and Labrador Gazette March 28, 2002 198 Representative proceedings 7A.11. This Rule does not apply to a proceeding brought in a represen- tative capacity under rule 7.11, 7.12 or 7.13, unless the court orders that this Rule shall apply on the terms that the court may order. 2. These rules come into effect on the day the Class Actions Act comes into force. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette March 28, 2002 199 NEWFOUNDLAND AND LABRADOR REGULATION 27/02 Heating Oil Storage Tank System Regulations under the Environment Act (O.C. 2002-143) (Filed March 27, 2002) Under the authority of

section 14 of the Environment Act, the Lieutenant Governor in Council makes the following regulations. Dated at St. John’s, March 27, 2002. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application 4. Prohibition

PART I NEW OR ALTERED SYSTEMS 5. New or altered systems

PART II EXISTING SYSTEMS 6. Registration required 7. Inspection required

PART III REGISTRATION AND INSPECTION OF SYSTEMS 8. Registration 9. Continued compliance 10. Registration records 11. Construction and installation 12. Alteration of system 13. Delivery prohibited 14. Revocation of registration

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 200

PART IV TECHNICAL REQUIREMENTS 15. Technical requirements 16. Removal required 17. Variance

PART V LEAKAGE AND INSURANCE 18. Leakage 19. Insurance

PART VI LICENSURE OF INSPECTORS 20. Licensure 21. Investigation 22. Suspension or revocation of licensure

PART VII GENERAL 23. Offence 24. Commencement 1. These regulations may be cited as the Heating Oil Storage Tank System Regulations. 2. In these regulations (a) "aboveground" means on or above the adjacent surface and includes basements or other indoor locations; (b) "Act" means the Environment Act; (c) "administrator" means a person designated as the adminis- trator by the minister; (d) "alter" means to (

i) enlarge, reduce, upgrade, repair, replace, add, or remove any part of a system, or (ii) change the configuration of the piping, filter, tank, physical protection or secondary containment of a sys- tem; (e) "certificate of registration" means a document which con- firms to an owner that the system information has been, or will be, registered with the department by a licensed in- spector; (f) "department" means the department presided over by the minister; (g) "effective date" means

Short title

Definitions

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 201 (

i) for a new system, the date of installation, or (ii) for an existing system, the date determined under sub-

section 6(3); (h) "existing" means in use befo re the date these regulations come into force; (i) "heating appliance" means an appliance intended for the supply of heat directly to a room or space or to rooms or spaces through a heat distribution system; (j) "heating oil" mean s a hydrocarbon oil, as classified under CAN/CGSB-3.2-99, used as a fuel for a heating appliance and includes Type I, commonly known as stove oil and Type 2, commonly known as furnace oil, and any other oil which may be designated as heating oil by the administrator; (k) "licensed inspector" means a person licensed under these regulations to inspect a system; (l) "minister" means the mini ster appointed under the Executive Council Act to administer the Act; (m) "owner" means the person having possessory rights to and care, control or management of the system and includes that person’s agent; (n) "system" means a heating oil storage tank system which includes one or more interconnected tanks and all associated vent, fill and withdrawal piping and filters, up to where the product lines connect to the heating appliance itself, installed in a fixed location and includes a temporary system, and, where appropriate, includes an existing system; (o) "System Installation and Inspection Manual" means a man- ual approved by the department containing additional spe- cific instructions as to the installation, operation, mainte- nance and inspection requirements for systems; and (p) "underground" means below adjacent ground level.

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 202 3. These regulations apply to all systems with a capacity of 2500 litres or less that are or were conn ected to a heating appliance and are or were being used for the storage of heating oil and the delivery of heating oil to a connected heating appliance. 4.

(1) A person shall not operate or otherwise use a system for the storage of heating oil that does not comply with the technical require- ments prescribed in

section 15.

(2) This

section shall come into force on April 1, 2007.

PART I NEW OR ALTERED SYSTEMS 5.

(1) Upon the coming into force of these regulations, the owner of a new or altered system shall register the system.

(2) A system shall comply with these regulations and the re- quirements of CSA-B139, the tank manufacturer’s instructions and the System Installation and Inspection Manual.

(3) A person shall not own, use, operate or fill, or cause to be used, operated or filled a system which has been constructed, installed or altered after the coming into force of these regulations unless the system is registered in accordance with

section 8.

PART II EXISTING SYSTEMS 6.

(1) On or before March 31, 2007, the owner of an existing sys- tem shall register the system.

(2) A system shall comply with these regulations and the re- quirements of CSA-B139, the tank manufacturer’s instructions and the System Installation and Inspection Manual.

(3) In determining the age of an existing system for the purpose of these regulations, the administrator shall consider (

a) proof of the date of installation; or (

b) where the date of installation of the tank cannot be deter- mined, the date of manufacture of the tank, Application Prohibition New or altered systems Registration re- quired

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 203 but where the date of installation or manufacture of the tank cannot be determined under paragraph (

a) or (b), the system shall be considered to be of unknown age and shall not be registered. 7.

(1) An existing system shall be inspected by a licensed inspec- tor.

(2) A licensed inspector shall give written notice to the owner of (

a) the results of the inspection of the system carried out under subsection (1); and (

b) a description of measures required to ensure compliance with subsection 6(2).

(3) Any deficiencies discovered by the inspection shall be cor- rected by the owner.

(4) Where a system has passed the inspection conducted in ac- cordance with subsection (1) or has identified deficiencies corrected in accordance with subsection (3), a licensed inspector may issue a certifi- cate of registration for and apply a registration label to that system in accordance with

section 8.

PART III REGISTRATION AND INSPECTION OF SYSTEMS 8.

(1) The administrator may issue or cause to be issued to an owner (

a) a certificate of registration, which shall include a registration number for each heating oil storag e tank used in the system; and (

b) a registration label, or other means of identification which shall be affixed to the system in a manner acceptable to the administrator.

(2) The certificate of registration and the registration label may be provided to the owner by a licensed inspector. Inspection required Registration

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 204 9.

(1) A registered system shall be inspected by a licensed inspec- tor (

a) during or before the fifth year of operation of the system; and (

b) every five years after that to ensure continued compliance with these regulations, the requirements of CSA-B139, the tank manufacturer’s in- structions and the System Installation and Inspection Man- ual.

(2) An inspection under

section 7 satisfies the requirement of paragraph (1)(a).

(3) Deficiencies identified duri ng an inspection conducted ac- cording to this

section shall be corrected within 30 days or the registra- tion of the system shall be revoked by the administrator. 10.

(1) A licensed inspector shall maintain an electronic record, in the manner and form prescribed by the administrator, of all registration and inspection information of a system.

(2) The electronic record referred to in subsection (1) shall (

a) contain (

i) a description of the location of each system, (ii) the system’s registration information, (iii) the licensed inspector’s confirmation that the system complies with these regulations and the requirements of CSA-B139, the tank manufacturer’s instructions and the System Installation and Inspection Manual, and (iv) any other information that may be required by the ad- ministrator; and (

b) be made available to the administrator upon request. Continued compli- ance Registration records

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 205 11.

(1) A system shall be constructed and installed according to the requirements prescribed in these regulations and in accordance with the requirements of CSA-B139, the tank manufacturer’s instructions and the System Installation and Inspection Manual.

(2) A licensed inspector shall inspect the installed system.

(3) The licensed inspector shall give written notice to the owner of (

a) the results of the inspection of the system carried out under subsection (2); and (

b) a description of measures required to ensure compliance with subsection (1).

(4) Any deficiencies discovered by the inspection shall be cor- rected by the owner.

(5) Where a system has passed the inspection conducted in ac- cordance with subsection (2) or has had identified deficiencies cor- rected in accordance with subsection (4), a licensed inspector may issue a certificate of registration for, and apply a registration label to the system in accordance with

section 8. 12.

(1) Any alterations to a system shall be in accordance with the requirements prescribed in these regulations and in keeping with the requirements of CSA-B139, the tank manufacturer’s instructions and the System Installation and Inspection Manual.

(2) Reasonable precautions shall be taken to prevent and contain spillage of heating oil during alterations.

(3) A licensed inspector shall inspect the altered system.

(4) A licensed inspector shall give written notice to the owner of (

a) the results of the inspection of the altered system carried out under subsection (3); and (

b) a description of measures required to ensure compliance with subsection (1). Construction and installation Alteration of system

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 206

(5) Any deficiencies discovered by the inspection shall be cor- rected by the owner.

(6) Where a system has passed the inspection conducted in ac- cordance with subsection (3) or has had identified deficiencies cor- rected in accordance with subsection (5), a licensed inspector may issue a certificate of registration for, and apply a registration label to, the system in accordance with

section 8. 13.

(1) A person shall not deliver or otherwise place heating oil into a system (

a) where there is reason to believe that the registration label (

i) has been altered, (ii) does not belong to that system, or (iii) has not been issued in accordance with these regula- tions; and (

b) after April 1, 2007 (

i) which does not comply with these regulations and the requirements of CSA-B139, the tank manufacturer’s in- structions and the System Installation and Inspection Manual, and (ii) where a valid registration label is not permanently af- fixed to that system indicating that the registration of the system is current and has not expired.

(2) A heating oil delivery person, or any other person who iden- tifies registration label deficiencies under subsection (1) shall report those deficiencies immediately to the owner and to the administrator. 14.

(1) Where, in the opinion of the administrator, a new, altered or existing system does not comply with these regulations, the require- ments of CSA-B139, the tank manufact urer’s instructions and the Sys- tem Installation and Inspection Manual, the administrator may (

a) revoke the certificate of registration; and Delivery prohibited Revocation of registration

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 207 (

b) direct the removal of the registration label.

(2) A revocation under subsection (1) is effective upon written notice being given to the owner by (

a) personal service; or (

b) registered or certified mail to the last known address of the owner.

(3) A notice mailed under subsection (2) shall be considered to be served on the owner (

a) on the date the owner actually receives the notice; or (b) 5 days after the date of mailing whichever is earlier.

PART IV TECHNICAL REQUIREMENTS 15.

(1) An aboveground mild steel tank shall only be used for the following maximum periods, which shall commence at the effective date determined under paragraph 2(

g) or subsection 6(3), before being removed: (

a) for single wall tanks located outside (

i) end or top outlet, 14 gauge – 10 years, (ii) end or top outlet, 12 gauge – 15 years, (iii) bottom outlet, 14 gauge – 15 years, or (iv) bottom outlet, 12 gauge – 20 years; or (

b) for single wall tanks located inside a structure or building which includes a foundation and protects the tank from the elements to the satisfaction of the administrator, (

i) end or top outlet, 14 gauge - 15 years, Technical require- ments

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 208 (ii) end or top outlet, 12 gauge – 20 years, (iii) bottom outlet, 14 gauge- 20 years, or (iv) bottom outlet, 12 gauge – 25 years.

(2) Notwithstanding subsection (1), an aboveground tank that is constructed with secondary containment that provides an interstice that is monitored and (

a) where the tank is located outside and the secondary con- tainment precludes the ingress of precipitation; or (

b) where the tank is located inside a structure or building which includes a foundation and prot ects the tank from the ele- ments to the satisfaction of the administrator, that tank is not subject to the maximum periods prescribed in that subsection.

(3) Where an aboveground tank is constructed of materials other than mild steel it shall be used only for the maximum period set by the administrator.

(4) The maximum period referred to in subsection (3) shall not exceed 50 years.

(5) Underground heating oil storage tank systems shall be (

a) constructed with secondary containment of both the tank and all piping or tubing that provides an interstice that is moni- tored; and (

b) installed and maintained in a manner so that the system may be readily removed if necessary according to subsection 18(5).

(6) A system shall have physical protection for the tank and associated appurtenances including valves, gauges, piping or tubing.

(7) A system may be subject to other requirements that the ad- ministrator may consider necessary.

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 209 16.

(1) An existing system may remain in service if it has been registered.

(2) An existing system which has not been registered shall be removed from service in accordance with subsection (3) on or before March 31, 2007.

(3) The owner of a system which has been disconnected from its associated heating appliance shall, within 30 days (

a) empty the system of all liquid; (

b) where the system is (

i) underground, the tank top shall be accessed and opened, any sludge and heating oil remaining in the tank shall be removed and the system shall then be dismantled, re- moved from the ground and disposed of, or (ii) aboveground, the tank shall be opened, any sludge and heating oil remaining in the tank shall be removed and the system shall then be dismantled and disposed of; (

c) where underground piping is involved, the piping shall be removed from the ground, or emptied of heating oil and the ends shall be permanently sealed by capping; and (

d) clean the affected area and restore the environment to the satisfaction of the department. 17.

(1) The administrator may, subject to the terms and conditions he or she considers appropriate, vary the requirements of

section 15 where new technology, materials, systems, equipment, methods or procedures have become available which provide a level of environ- mental protection that meets or exceeds that provided by that section.

(2) The administrator may vary the time period for compliance with subsections 5(3) and 9(3) and paragraphs 13(1)(b), 16(3)(b), (

c) and (d), and 18(5)(

b) and (

c) where (

a) geographic or climatic fact ors make compliance within the prescribed time frame impossible; and Removal required Variance

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 210 (

b) the nature of the defect or problem is not substantive.

(3) A request to dispose of a system in place shall only be con- sidered if there are extenuating ci rcumstances which would make the removal of the system difficult.

PART V LEAKAGE AND INSURANCE 18.

(1) An owner who has reason to believe that heating oil has leaked or is, or may be leaking from that owner’s system or that water is intruding or has intruded into that owner’s system shall immediately inform the department.

(2) Where any other person has reason to believe that heating oil has leaked or is, or may be leaking from a system, or that water is in- truding or has intruded into a system, that person shall immediately attempt to inform the department and the owner.

(3) The owner of a system which has leaked or is or may be leaking or into which water is intruding or has intruded shall immedi- ately inform that owner’s heating oil delivery service company of the situation.

(4) A heating oil delivery serv ice company who has been in- formed that heating oil has leaked or is or may be leaking or that water is or may be intruding into a system shall not deliver heating oil to that system until the system’s integrity has been verified or until the system has been repaired or replaced as necessary to the satisfaction of the administrator.

(5) Where leakage is occurring from or water is intruding into a system the owner shall (

a) immediately take those steps which are necessary to abate the discharge or intrusion and empty the system of all liquid; (

b) within a period of 10 days (

i) where the system is underground, the tank top shall be accessed and opened, any sludge and heating oil re- maining in the tank shall be removed and the system Leakage

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 211 shall then be dismantled, removed from the ground and disposed of, (ii) where the system is aboveground, the tank shall be opened, any sludge and heating oil remaining in the tank shall be removed and the system shall then be disman- tled and disposed of, (iii) where underground piping is involved, the piping shall be removed from the ground, or emptied of heating oil and the ends shall be permanently sealed by capping; and (

c) within a period of 30 days, clean the affected area and re- store the environment to the satisfaction of the department. 19.

(1) As of January 1, 2003 all heating oil delivery service com- panies shall (

a) have and maintain third party environmental liability insur- ance of a minimum value of $2,000,000 per occurrence to cover costs of a spill during delivery; or (

b) provide a written guarantee of financial responsibility ac- ceptable to the administrator.

(2) Where a company maintains insurance under paragraph (1)(a), it shall (

a) submit a certificate of insuran ce coverage to the administra- tor; and (

b) submit proof to the administrator that the required insurance contains a statement that insurance coverage may not be cancelled except upon 30 days prior written notice to the administrator.

(3) Where a company provides a written guarantee under para- graph (1)(

b) it shall provide a minimum of 30 days notice in writing to the administrator of the company’s intention to change, alter, cancel or otherwise cause to lapse or expire, the guarantee of financial responsi- bility required under that paragraph. Insurance

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 212

(4) Where a heating oil delivery service company fails to have or maintain the insurance coverage or guarantee of financial responsi- bility required in subsection (1), th e company shall cease all deliveries of heating oil on January 1, 2003 or as of the day following the last day of insurance coverage or guarantee of financial responsibility.

PART VI LICENSURE OF INSPECTORS 20.

(1) A person shall not carry out an inspection for the purpose of registering or maintaining the registration of a system unless that per- son holds a valid inspector’s licence.

(2) An applicant for an inspector’s licence shall (

a) complete and submit an application in the form and in the manner acceptable to the administrator; (

b) hold the certification required by the administrator; (

c) complete any additional trai ning and examination programs designated by the administrator to the satisfaction of the ad- ministrator; (

d) submit a certificate of insurance coverage to be valid during the entire period of the licence for the inspector’s liability for bodily injury and property damage, including damages arising from a contaminant being introduced into the envi- ronment in a sudden, unintended or unexpected occurrence, during the period of insurance with not less than $2,000,000 coverage per occurrence; and (

e) submit proof that the insurance required under paragraph (

d) contains a statement that insurance coverage may not be cancelled except upon 30 days prior written notice to the administrator.

(3) The administrator may issue a licence to an inspector and may attach those terms and conditions to that licence that he or she considers necessary.

(4) A licensed inspector shall Licensure

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 213 (

a) comply with the terms and conditions of his or her licence; (

b) recommend only necessary repairs to, or replacement of, a system; and (

c) comply with these regulations.

(5) A licence issued under this

section shall expire (a) 12 months following the date of issue of the licence, or (

b) at the end of the period for which there is insurance coverage as required under paragraph (2)(

d) whichever is less. 21. The administrator may conduct those investigations into the operations of a licensed inspector that he or she considers necessary. 22.

(1) The administrator may suspend or revoke the licence of an inspector where he or she believes that the inspector has (

a) failed to comply with the terms and conditions of his or her licence; (

b) acted improperly in recommending unnecessary repairs or replacement of a system; or (

c) contravened these regulations.

(2) Where the insurance required under

section 20 ceases to be in effect, the administrator shall revoke the licence of the inspector.

(3) Notice of suspension or re vocation of a licence under this

section may be given (

a) by personal service; or (

b) by registered or certified mail to the last known address of the inspector shown in the records of the administrator.

(4) A notice mailed under subsection (3) shall be considered to have been served on the inspector Investigation Suspension or revocation of licensure

Heating Oil Storage Tank System Regulations 27/02 The Newfoundland and Labrador Gazette March 28, 2002 214 (

a) on the date the inspector actually receives the notice; or (b) 5 days after the date of mailing whichever is earlier.

(5) Where the administrator suspends or revokes the licence of an inspector, the administrator sha ll, within 30 days, provide written notice of that suspension or revocation to the insurance company which provided the insurance under

section 20.

(6) An inspector whose licence has been suspended or revoked by the administrator under this

section may, in writing, within 30 days of being served the notice of that suspension or revocation under sub- section (4), appeal that decision to the minister and the minister may confirm, vary or rescind that suspension or revocation.

(7) An appeal to the minister under subsection (6) does not af- fect the decision of the administrator, which shall remain in effect until the decision of the minister.

(8) A notice of a decision of th e minister under subsection (6) shall be given in the manner described in subsections (3) and (4).

(9) A decision of the minister under subsection (6) may, within 30 days of service upon the inspector who appealed the decision of the administrator, be appealed to a judge of the Trial Division and that appeal does not affect the decision of the minister, which shall remain in effect until the decision of a judge of the Trial Division.

PART VII GENERAL 23. The administrator may set fees and prescribe forms necessary for the administration of these regulations. 24. Except as otherwise noted, these regulations shall come into force on April 1, 2002. ©Earl G. Tucker, Queen's Printer Offence Commencement

215The Newfoundland and Labrador Gazette March 28, 2002 NEWFOUNDLAND AND LABRADOR REGULATION 28/02 Proclamation bringing the Act into force under the Class Actions Act (o.c. 2002-145) (Filed March 27, 2002) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Ot her Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JAMES R. GUSHUE KELVIN L. PARSONS Administrator Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 43 of the Class Actions Act, (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant-Governor in Council; AND

WHEREAS it is deemed it expedient that the Act shall now come into force. NOW KNOW YE, THAT WE, by and with the advise of Our Executive Council of Our Province of Newfoundland and Labrador, do by this Our Proclamation declare and direct that the Class Actions Act shall come into force on April 1, 2002. 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. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed.

216The Newfoundland and Labrador Gazette March 28, 2002 WITNESS: Our trusty and well-beloved the Honourable J. R. Gushue, Administrator in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 27 th day of March, in the year of Our Lord two thousand and two in the fifty-first year of Our Reign. BY COMMAND, OLIVER LANGDON Registrar General

217The Newfoundland and Labrador Gazette March 28, 2002 NEWFOUNDLAND AND LABRADOR REGULATION 29/02 Proclamation bringing the Act into force under the Business Investment Corporation Act (o.c. 2002-144) (Filed March 27, 2002) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Ot her Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JAMES R. GUSHUE KELVIN L. PARSONS Administrator Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 20 of the Business Investment Corporation Act, (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant-Governor in Council; AND

WHEREAS it is deemed it expedient that the Act shall now come into force. NOW KNOW YE, THAT WE, by and with the advise of Our Executive Council of Our Province of Newfoundland and Labrador, do by this Our Proclamation declare and direct that the Business Investment Corporation Act shall come into force on April 1, 2002. 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.

218The Newfoundland and Labrador Gazette March 28, 2002 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Our Honourable J. R. Gushue, Administrator in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 27 th day of March, in the year of Our Lord two thousand and two in the fifty-first year of Our Reign. BY COMMAND, OLIVER LANGDON Registrar General

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2002 219 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 1 7 9 L a n d s A c t — N o t i c e s o f I n t e n t.......................................................................... 1 7 8 T r u s t e e A c t — E s t a t e N o t i c e s .......................................................................... 1 7 7 U r b a n a n d R u r a l P l a n n i n g A c t — N o t i c e.................................................................. 1 7 7

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NF & Lab. Gazette made thereunder NLR. Amendment Date & Page No.

Business Investment Corporation Act Proclamation bringing Act NLR 29/02 New Mar. 28/02, p. 217 into force (April 1, 2002) Class Actions Act Proclamation bringing Act into NLR 28/02 New Mar. 28/02, p. 215 force (April 1, 2002) Environment Act Heating Oil Storage Tank System NLR 27/02 New Mar. 28/02, p. 199 Regulations Income Tax Act, 2000 Newfoundland and Labrador NLR 25/ 02 Amends Mar 28/02, p. 185 Child Benefit Regulations NLR 45/99 (Amendment) S. 5 Amdt.

Judicature Act Rules of the Supreme Court, 1986 NLR 26/02 Rule 7A added Mar. 28/02, p. 187 Labour Standards Act Labour Standards Regulations NLR 24/02 Amends Mar. 28/02, p. 183 (Amendment) CNLR 781/96 S. 8 R & S S. 9 Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 28, 2002 220 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. Advertising rates are available upon request.

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STATUTES OF NEWFOUNDLAND AND LABRADOR 2001 Third Session, 44th General Assembly 50 & 51 Elizabeth II, 2001 & 2002 Bill Act

Chapter 2 Interim Supply Act, 2001 1 (ASSENTED TO MARCH 26, 2001) 3 Supply Act, 2001 2 5 Prepaid Funeral Services (Amendment) Act 3 6 Income Tax (Amendment) Act, 2000 4 13 Liquor Corporation (Amendment) Act 5 15 Aquaculture (Amendment) Act 6 1 Order of Newfoundland and Labrador Act O-7.1 11 Chiropractors (Amendment) Act, Dieticians (Amendment) Act, Pharmaceutical Asso- ciation (Amendment) Act, 1994 and So- cial Workers Association (Amendment) Act 7 14 Provincial Court (Amendment) Act, 1991 8 12 Medical (Amendment) Act and Medical Care Insurance (Amendment) Act, 1999 9 16 Workplace Health, Safety and Compensa- tion (Amendment) Act and Occupational Health And Safety (Amendment) Act 10 17 Financial Administration (Amendment) Act 11 18 Labour Relations (Amendment) Act 12 19 Shops' Closing (Amendment) Act 13 8 Schools (Amendment) Act, 1997 14

2 Bill Act

Chapter 20 Provincial Court (Amendment) Act, 1991 No. 2 15 9 Tobacco Health Care Costs Recovery Act T-4.2 *4 Petroleum Products Act P-10.1 *7 Municipal Elections Act M-20.2 *10 Citizens' Representative Act C-14.1 (ASSENTED TO MAY 24, 2001) 43 Newfoundland and Labrador Act N-3.1 (ASSENTED TO DECEMBER 6, 2001) 27 Supplementary Supply Act, 2000-2001 16 32 Dental (Amendment) Act 17 38 Massage Therapy Act M-1.1 23 Health Care Association (Amendment) Act, Hospitals (Amendment) Act and Li- censed Practical Nurses (Amendment) Act 18 29 Motor Carrier (Amendment) Act 19 30 Lands (Amendment) Act 20 24 Assessment (Amendment) Act 21 36 Same Sex Amendment Act 22 31 Economic Advisory Council (Repeal) Act 23 39 Judgment Enforcement (Amendment) Act 24 37 Local Authority Guarantee (Amendment) Act, 1957 25 47 Loan and Guarantee (Amendment) Act, 1957 26

3 Bill Act

Chapter 21 Teacher Training (Amendment) Act 27 22 Forestry (Amendment) Act 28 26 Registered Nurses (Amendment) Act 29 28 Health and Post-Secondary Education Tax (Amendment) Act 30 33 Endangered Species Act E-10.1 35 Electronic Commerce Act E-5.2 *41 Farm Practices Protection Act F-4.1 57 Historic Resources (Amendment) Act 31 50 Financial Administration (Amendment) Act No. 2 32 34 Class Actions Act C-18.1 *46 Child and Youth Advocate Act C-12.01 *54 Labour Standards (Amendment) Act 33 40 Uniformed Services Pensions (Amendment) Act, 1991 34 59 Public Service Pensions (Amendment) Act, 1991 and Uniformed Services Pensions (Amendment) Act, 1991 35 53 Child Care Services (Amendment) Act 36 42 Securities (Amendment) Act 37 56 Provincial Parks (Amendment) Act 38 *25 Public Tender (Amendment) Act 39 52 Taxation of Utilities and Cable Television Companies (Amendment) Act 40 *55 Petroleum and Natural Gas (Amendment) 41

4 Bill Act

Chapter Act *48 Attorney General Statutes Amendment Act, 2001 42 63 Limitations (Amendment) Act 43 58 Boxing Authority Act B-6.1 60 Economic Diversification and Growth En- terprises (Amendment) Act 44 64 House of Assembly (Amendment) Act 45 (ASSENTED TO DECEMBER 13, 2001) *65 Fishery Products International Limited (Amendment) Act 46 *49 Access to Information and Protection of Privacy Act A-1.1 (ASSENTED TO MARCH 14, 2002) * Bills amended in Committee of the Whole House. In researching the law readers should note that the following Statutes of Newfoundland and Labrador, 2001 include amendments to other Statutes as listed below:

Chapter A-1.1 Access to Information and Protection of Privacy Act - (To Be Proclaimed) Adoption Act Auditor General Act Citizens' Representative Act Freedom of Information Act (Repealed) House of Assembly Act

Chapter 42 Attorney General Statutes Amendment Act, 2001 Accident and Sickness Insurance Act Adoption Act Adoption of Children Act Child, Youth and Family Services Act Children's Law Act Citizens' Representative Act City of St. John's Act Conflict of Interest Act, 1995 Co-operatives Act

5 Credit Union Act Environmental Assessment Act, 2000 Expropriation Act Family Law Act Fatalities Investigations Act Fishing Industry Collective Bargaining Act Grand Concourse Authority Act Health and Community Services Act House of Assembly Act House of Assembly (Amendment) Act Hydro Corporation Act Insurance Adjusters, Agents and Brokers Act Judgment Enforcement Act Judicature Act Jury Act, 1991 Lands Act Legal Aid Act Life Insurance Act Memorial University Pensions Act Municipal Financing Corporation Act Pension Benefits Act, 1997 Pensions Funding Act Provincial Court Act, 1991 Public Service Pensions Act, 1991 Public Tender Act Public Trustee Act Reciprocal Taxation Agreement Act, 1994 (Repealed) Residential Tenancies Act, 2000 Residential Tenancies Areas Designation Order, 1996 (Repealed) Residential Tenancies Regulations (Repealed) Royal Newfoundland Constabulary Act, 1992 Shops' Closing Act Solemnization of Marriage Act Trustee Act Unified Family Court Act Various Regulations (Changing the name of province)

Chapter C-12.01 Child and Youth Advocate Act - (To Be Proclaimed) Citizens' Representative Act

Chapter 33 Labour Standards (Amendment) Act - (To Be Proclaimed) Labour Relations Act

Chapter 43 Limitations (Amendment) Act Financial Administration Act

Chapter M-20.2 Municipal Elections Act City of Corner Brook Act City of Mount Pearl Act City of St. John's Act Municipalities Act, 1999 St. John's Municipal Elections Act (Repealed)

Chapter N-3.1 Newfoundland and Labrador Act (Amends those Acts of the province that refer to the province as "Newfoundland" to refer to "Newfoundland and Labrador")

Chapter 41 Petroleum and Natural Gas (Amendment) Act Crown Royalties Act

Chapter 22 Same Sex Amendment Act Conflict of Interest Act, 1995 Enduring Powers of Attorney Act Government Money Purchase Pension Plan Act House of Assembly Act Memorial University Pensions Act Municipalities Act, 1999 Pension Benefits Act, 1997 Public Service Pensions Act, 1991 Teachers' Pensions Act Uniformed Services Pensions Act, 1991 Workplace Health, Safety and Compensation Act This list was prepared by the Office of the Legislative Counsel. Questions or omissions should be brought to the attention of that Office.