217 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 84 ST. JOHN’S, FRIDAY, MAY 29, 2009 No. 22 CITY OF ST. JOHN’S ACT ST. JOHN=S MUNICIPAL COUNCIL NOTICE ST. JOHN=S RULES OF PROCEDURE TAKE NOTICE that the St. John =s Municipal Council has enacted an amendment to the St. John’s Rules of Procedure (Amendment No. 2 - 2009). The said Amendment was passed by Council on the 27 th day of April, 2009 with respect to voting by Council. All persons are hereby required to take notice that any person who wishes to view such By-Law may view same at the Office of the City Solicitor of the St.

John =s Municipal Council at City Hall, and that any person who wishes to obtain a copy thereof may obtain it at the said office upon the payment of a reasonable charge as established by the St. John=s Municipal Council for such copy. Dated this 27 th day of April, 2009. P.O. # 35743 CITY OF ST.

JOHN=S Neil Martin, City Clerk May 29 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF CHANNEL - PORT AUX BASQUES DEVELOPMENT REGULATIONS AMENDMENT NO. 12, 2009 Take notice that the Town of Channel - Port Aux Basques Development Regulations Amendment No. 12, 2009 as adopted on the 21 st day of April 2009 has been registered by the Minister of Municipal Affairs.

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 29, 2009 218 This amendment increases the minimum size and height of accessory buildings, allows accessory buildings to be located off the dwelling lot, and reduces the distance that accessory buildings can be erected from the property boundaries. It also provides flexibility to the Town in determining what is a suitable appearance for accessory buildings on larger lots. The Development Regulations Amendment No. 12, 2009 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 Channel - Port Aux Basques Development Regulations Amendment No. 12, 2009 may do so at the Channel - Port Aux Basques Town Office during normal working hours.

TOWN OF CHANNEL - PORT AUX BASQUE Melvin Keeping, Town Manager May 29 NOTICE OF REGISTRATION TOWN OF DEER LAKE MUNICIPAL PLAN AMENDMENT NO.5, 2009 AND DEVELOPMENT REGULATIONS AMENDMENT NO.5, 2009 Take notice that the Town of Deer Lake Municipal Plan Amendment No.5, 2009 and De velopment Regulations Amendment No.5, 2009 as adopted on the 9 th day of March, 2009 and approved on the 13 th day of April, 2009, have been registered by the Minister of Municipal Affairs.

The amendments are designed to accommodate residential development off Tower Road (Designated Floodway to Residential Floodway Fringe) and Goose Arm Road (104 Goose Arm Road - Agriculture to Residential – former greenhouse). The Municipal Plan Amendment No.5, 2009 and the Development Regulations Am endment No.5, 2009 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 Deer Lake Municipal Plan Amendment No.5, 2009 and Development Regulations Amendment No.5, 2009 may do so at the Deer Lake Town Office during normal working hours. TOWN OF DEER LAKE Kimberley Reid, Town Clerk May 29 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: AIMEE CHARLOTTE MISTENAPEO of P.O.

Box 22, Natuahish, A0P 1A0, in the Province of Newfoundland and Labrador, as follows: To change my name from AIMEE CHARLOTTE MISTENAPEO to AIMEE CHARLOTTE TSHAKAPESH DATED this 19 th day of May, 2009. AIMEE CHARLOTTE MISTENAPEO (Signature of Applicant) May 29 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: TRACY INDER of 116 Cowan Avenue, St.

John’s, A1E 4W5, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from RACHEL MARY BUTT to RACHEL MARY INDER DATED this 20 th day of May, 2009. TRACY INDER (Signature of Applicant) May 29 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: ADA BERYL LANGDON of 10 Samson Street, Mt.

Pearl, A1N 4A5, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 29, 2009 219 KARA HALINKA NICOLE BARTOLAC to KARA HALINKA NICOLE LANGDON DATED this 21st day of May, 2009. ADA BERYL LANGDON (Signature of Applicant) May 29 LANDS ACT NOTICE OF INTENT LANDS ACT, c36, SNL 1991 Notice is hereby given that NORMAN HISCOCK of P.O. Box 73, Norris Point, NL , A0K 3V0, intends to apply to the Department of Environment and Conservation, two months from the publication of th is Notice, to acquire title, pursuant to

Section 7(2)(

e) of th e said Act, to that piece of Crown Land situated within fi fteen (15) metres of the waters of Bonne Bay Big Pond, in the Electoral District of Humber Valley for the purpose of construction of a wharf for personal use and being more particularly described as follows: Bounded on the North by Norm Hiscock for a distance of 15 m; Bounded on the East by Crown Land for a distance of 20 m; Bounded on the South by Bonne Bay Big Pond for a distance of 10 m Bounded on the West by Austin Langer for a distance of 20 m; and containing an area of approximately 30 square metres. (Choose Area Applicable) Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: c/o Eastern Regional Lands Office, P.

O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P. O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0.

For further information on the proposed application, please contact NORMAN HISCOCK Telephone (709) 458- 2947 May 29 QUIETING OF TITLES ACT 2009 01T NO. 2173 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF the Quieting of Titles Act, RSNL 1990, cQ-3, and amendments thereto; AND IN THE MATTER OF all that piece or parcel of land situate Southwest of Topsail Road, in the Town of Paradise, in the Province of Newfoundland and Labrador; AND IN THE MATTER OF an Application of PETER GLADSTONE DUFF of the Town of Paradise, in the Province of Newfoundland and Labrador NOTICE IS HEREBY GIVEN to all parties that PETER GLADSTONE DUFF, of the To wn of Paradise, in the Province of Newfoundland and Labrador, as owner (hereinafter called “the owner”) has applied to the Supreme Court of Newfoundland and Labr ador to have investigated his title to ALL THAT piece or parcel of land situate and being southwest of Topsail Road , in the Town of Paradise, in the Province of Newfoundland and Labrador, Canada, the same being more particularly described and outlined in

Schedule “A” annexed hereto. All persons having title adverse to the said title claim by the owner shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Tr ial Division, St. John’s, particulars of such advers e claim and serve the same together with the Affidavit verifying the same to the undersigned solicitors for the owner on or before the 10 th day of July, 2009, after which date no party having any claim shall be permitted to file the same or to be heard except by leave of the Court and subject to such conditions as the Court may deem just.

All adverse claims shall then be investigated in such a manner as the Supreme Court may direct. DATED at St. John’s, in the Province of Newfoundland and Labrador, this 22 nd day of May, 2009. ROSE VAN DRIEL SCOTT Solicitors for the Applicant PER: Annette E. Scott ADDRESS FOR SERVICE: 2 Baird’s Cove P.O. Box 2430 St. John’s, NL A1C 6M9 Tel: (709) 738-7575 Fax:(709) 726-7074 May 29

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 29, 2009 220 AUBREY K. BURT SURVEYS LTD. NEWFOUNDLAND LAND SURVEYOR 74 O’LEARY AVE. P.O. BOX 28071 ST. JOHN’S, NF A1B 4J8 PHONE: (709) 738 3363 FAX: (709) 738 3364 Client: PETER GLADSTONE DUFF

SCHEDULE “A” All that piece or parcel of la nd situate, lying and being on the southwest side of an Abandoned Railway Bed, southwest of Topsail Road and northeast of Ortega Drive, in the town of Paradise, in the province of Newfoundland & Labrador, Canada and being more particularly described as follows, that is to say: BEGINNING at a point, said point being a placed iron pin set in the southwestern limit of the Abandoned Railway Bed and having co-ordinates of North 5 265 879.134 metres and East 311, 345.896 metres of the modified three degree transverse Mercator projection (Zone 1, NAD 83) for the province of Newfoundland & Labrador, Canada: THENCE running along the aforementioned southwestern limit of the said Abandoned Railway Bed (30.48 metres wide) following the arc of a curve, counter-clockwise, having a radius of 300.000 metres, an arc distance of 157.874 metres (chord bearing and distance being S 62º 42’ 42” E and 156.059 metres); THENCE running following the arc of a curve, clockwise, having a radius of 207.500 metres, an arc distance of 99.557 metres (chord bearing and distance being S 65º 53’ 28” E and 98.605 metres); THENCE running by land of Woodstock Colonial Inc. (Roll 2656 Frame 879 Registry of Deeds for Newfoundland) and by land, no w or formerly, of Thomas Drowns (Volume 41 Folio 117 Crown Lands Registry) S 28º 25’ 53” W a distance of 289.592 metres; THENCE running by land of Triple R.

Ventures (Ortega Heights Subdivision) N 66º 48’ 02” W a distance of 11.919 metres; THENCE running N 66º 26’ 39” W a distance of 0.148 metres; THENCE running N 39º 29’ 39” W a distance of 20.607 metres; THENCE running N 40º 27’ 39” W a distance of 99.507 metres; THENCE running S 50º 01’ 41” W a distance of 43.865 metres; THENCE running by land of Stephen Dunn (Roll 630 Frame 1613 Registry of Deeds for Newfoundland) N 16º 54’ 05” W a distance of 88.436 metres; THENCE running by land of Stanley Marshall (Roll 2390 Frame 2222 Registry of Deeds for Newfoundland) N 17º 41’ 13” W a distance of 31.353 metres; THENCE running by land, now or formerly, of Gleeson N 25º 26’ 44” E a distance of 19.197 metres; THENCE running N 12º 37’ 49” E a distance of 71.933 metres; THENCE running N 34º 44’ 56” E a distance of 22.842 metres; THENCE running N 24º 53’ 45” E a distance of 39.567 metres; THENCE running N 17º 30’ 23” E a distance of 43.670 metres, more or less, to the principal Point of Beginning.

The above described piece or parcel of land contains an area of 5.98 hectares, the same being more particularly described on the drawing hereto attached. All bearings refer to Grid North (NAD 83).

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 29, 2009 221

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 84 ST. JOHN’S, FRIDAY, MAY 29, 2009 No. 22 NEWFOUNDLAND AND LABRADOR REGULATION NLR 43/09

The Newfoundland and Labrador Gazette May 29, 2009 201 NEWFOUNDLAND AND LABRADOR REGULATION 43/09 Child and Parental Benefits Regulations under the Income Tax Act, 2000 (Filed May 26, 2009) 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, May 13, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Definition

PART I NEWFOUNDLAND AND LABRADOR CHILD BENEFIT 3. Definition 4. Qualified dependent 5. Child benefit calculation 6. Nutritional supplement benefit 7. Benefit reduction calculation 8. Indexation

PART II PARENTAL BENEFITS 9.

Definitions 10. Progressive family growth benefit 11. Parental support supplement 12. Overpayment 13. Where eligibility ceases 14. Presumption of responsibil- ity 15. Requirement to file notice

Child and Parental Benefits Regulations 43/09 The Newfoundland and Labrador Gazette May 29, 2009 202

PART III REPEAL AND COMMENCEMENT 16. Repeal 17. Commencement 1. These regulations may be cited as the Child and Parental Bene- fits Regulations. 2. In these regulations, "Act" means the Income Tax Act, 2000.

PART I NEWFOUNDLAND AND LABRADOR CHILD BENEFIT 3. In this Part, "NLCB" means the Newfoundland and Labrador child benefit defined in paragraph 38(1)(

b) of the Act. 4. A person who is a qualified dependent of an eligible individual on the first day of a month is a qualified dependent of that individual for that month. 5.

The amount of the Newfoundland and Labrador child benefit that applies for a qualified dependent of an eligible individual that is considered to have arisen during a month in relation to which the year is the base taxation year is the amount of NLCB, if it is positive, calcu- lated according to the following formula: NLCB = 1/12[(A+B+C+D)-E] where: A = $322 for the first qualified dependent B = $342 for the second qualified dependent C = $367 for the third qualified dependent D = $394 times the number of qualified dependents in excess of 3; and E = the benefit reduction calculated under

section 7 6. An eligible individual who receives on behalf of a qualified de- pendent the NLCB calculated in accord ance with these regulations is

Short title Definition Definition Qualified dependent Child benefit calcu- lation Nutritional supple- ment benefit

Child and Parental Benefits Regulations 43/09 The Newfoundland and Labrador Gazette May 29, 2009 203 entitled to receive, for the 11 month period effective the first of the month following the month during which birth occurred, a supplemen- tary benefit of $60 a month. 7. Where the adjusted income of an eligible individual for a base taxation year, in relation to a month (

a) is less than or equal to $17,397, the benefit reduction "E" shall equal zero; and (

b) is greater than $17,397, the benefit reduction "E" shall be calculated by multiplying the difference between the ad- justed income and $17,397 by (i) 6.44% where there is one qualified dependent, (ii) 13.28% where there are 2 qualified dependents, (iii) 20.62% where there are 3 qualified dependents, and (iv) the total of 20.62%, and the product obtained by multi- plying the number of qualified dependents in excess of 3 by 7.88%. 8. All amounts expressed in dollars in this Part, except in

section 7, shall be indexed in accordance with subsection 6.1(2) of the Act and for that purpose "relevant section" in paragraph 6.1(3)(

b) of the Act is con- sidered to include these regulations.

PART II PARENTAL BENEFITS 9. In this Part (a) "adoptive parent" means a person who has adopted a child under the Adoption Act or has been approved for adoption placement from another jurisdiction under that Act, but does not include a step-parent who has adopted a step-child; (b) "child" means an unmarri ed person under the age of 19 years; Benefit reduction calculation Indexation

Definitions

Child and Parental Benefits Regulations 43/09 The Newfoundland and Labrador Gazette May 29, 2009 204 (c) "eligible person" means, in respect of a qualified child, a person who at the time of the qualifying event (

i) is the parent, birth mo ther, or surrogate mother, (ii) is resident in Newfoundland and Labrador, (iii) is a Canadian citizen or a person who (

A) is a permanent resident within the meaning of sub-

section 2(1) of the Immigration and Refugee Pro- tection Act, (

B) is a temporary resident within the meaning of the Immigration and Refugee Protection Act , who was resident in Canada throughout the 18 month period preceding that time, (

C) is a protected person within the meaning of the Im- migration and Refugee Protection Act, or (

D) was determined before that time to be a member of a class defined in the Humanitarian Designated Classes Regulation s made under the Immigration Act, and (iv) where the person is the parent of the qualified child, other than in the case of a stillbirth, (

A) resides with the qualified child, and (

B) primarily fulfills the responsibility for the care and upbringing of the qualified child; (d) "intended parent" means a person who has a child through the aid of a surrogate mother; (e) "natural parent" means a person who begets or who gives birth to and nurtures and raises a child; (f) "parent" means adoptive parent, intended parent, or natural parent;

Child and Parental Benefits Regulations 43/09 The Newfoundland and Labrador Gazette May 29, 2009 205 (g) "placement" means (

i) the placing of a child in the home of prospective adop- tive parents pursuant to subsections 6(1) and (2) of the Adoption Act, (ii) having a finalized adoption order from a foreign juris- diction or with respect to a relative adoption, or (iii) in a jurisdiction which does not finalize adoptions, hav- ing an adoption placement report that was prepared pur- suant to the policy of the Department of Health and Community Services, by the relevant health authority; (h) "parental support supplement" means the supplement as set out in

section 11 of these regulations; (i) "progressive family growth benefit' means the benefit as set out in

section 10 of these regulations; (j) "qualified child" means a child who is born to or whose placement for adoption is with, on or after January 1, 2008, a resident of the province of Newfoundland and Labrador; (k) "qualifying event" means (

i) for a birth mother, surrogate mother, natural parent or intended parent, the live birth of a child, (ii) for an adoptive parent(s ), the placement of a child, or (iii) for a birth mother, surrogate mother or natural parent, a stillbirth; (l) "stillbirth" means a birth that is required to be registered with Vital Statistics Division of the Department of Govern- ment Services as a stillbirth; and (m) "surrogate mother" means a woman who helps a couple to have a child by carrying to term an embryo conceived by the couple and transferred to her uterus, or by being inseminated with the man's sperm and carrying the embryo to term.

Child and Parental Benefits Regulations 43/09 The Newfoundland and Labrador Gazette May 29, 2009 206 10. An eligible person who receives the progressive family growth benefit in respect of his or her qualified child is deemed to have made a one time overpayment under this Act in the amount of $1,000 in respect of the Progressive Family Growth Benefit where (

a) a qualifying event occurs; and (

b) the individual was resident in the province immediately be- fore the day of the qualifying event. 11.

(1) An eligible person other than a person referred to in (2) who receives or whose spouse receives th e progressive family growth bene- fit in respect of his or her qualified child is deemed to have made an overpayment under this Act in respect of the parental support supple- ment in the amount of $100 per month (

a) for 4 months where the eligible person is the birth mother; (

b) for 4 months where the eligible person is the surrogate mother; (

c) for 12 months where the eligible person is the natural parent; (

d) for 12 months where the eligible person is the adoptive par- ent; or (

e) for 12 months where the eligible person is the intended par- ent.

(2) An eligible person who receives the progressive family growth benefit in respect of his or her stillbirth is deemed to have made an overpayment under the Act in respect of the Parental Support Sup- plement in the amount of $100 per month for 4 months.

(3) Notwithstanding subsections (1) and (2) an eligible individ- ual may only receive benefits under th is

section if the eligible individ- ual is a resident of the province of Newfoundland and Labrador on the first day of the month of receipt of the benefit. 12. No overpayment is considered to have arisen under this

Part in a month before January 1, 2008. Progressive family growth benefit Parental support supplement Overpayment

Child and Parental Benefits Regulations 43/09 The Newfoundland and Labrador Gazette May 29, 2009 207 13. Where during a particular month a person ceases to be an eligi- ble person in respect of a particular qualified child, other than the quali- fied child attaining the age of 19 years, the person shall notify the min- ister of that fact before the end of the first month following the particu- lar month. 14. Where the qualified child resides with the child's female parent, the parent who primarily fulfils the responsibility for the care and up- bringing of the qualified child is presumed to be the female parent. 15.

(1) For the purposes of this Part, a person may be considered to be an eligible person in respect of a particular qualified child at the beginning of a month only if the person has, no later than 36 months after the qualifying event, filed with the minister a notice in a form ap- proved by the minister.

(2) The minister may at any time extend the time for filing a notice under subsection (1).

PART III REPEAL AND COMMENCEMENT 16. The Child Benefit Regulations, 2007 , Newfoundland and Labrador Regulation 120/07, are repealed. 17.

(1) Part I is considered to have come into force on July 1, 2007.

(2) Part II is considered to h ave come into force on January 1, 2008. ©Earl G. Tucker, Queen's Printer Where eligibility ceases Presumption of responsibility Requirement to file notice Repeal Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 29, 2009 209 Index

PART I Change of Name Act – Applications ............................................................................................. .............................................. 218 City of St.

John’s Act – Notice ............................................................................................... ..................................................... 217 Lands Act – Notice ............................................................................................................ .......................................................... 219 Quieting of Titles Act– Notice................................................................................................. ..................................................... 219 Urban and Rural Planning Act– Notice ........................................................................................... ............................................. 217

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. Income Tax Act, 2000 Child and Parental NLR 43/09 R&S May 29/09, p. 201 Benefits Regulations NLR 120/07

THE NEWFOUNDLAND AND LABRADOR GAZETTE May 29, 2009 210 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.