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59 |
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First
Session, 45th General Assembly 53
Elizabeth II, 2004 |
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AN ACT TO REMOVE ANOMALIES AND
ERRORS |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
Minister
of Justice and Attorney General |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES General: The purpose of this Bill is to bring before the House of Assembly matters in the statute law that require legislative correction as a result of amendments or enactments made in previous sessions. The amendments contained in this Bill have been brought to the attention of the Minister of Justice and are technical amendments not involving matters of policy. Each amendment is explained by reference to the clause of the Bill by which it is proposed. Clause 2 of the Bill would amend paragraph 73(o) of the Access to Information and Protection of Privacy Act to correct a citation error. Clause 3 of the Bill would correct a citation error in paragraph 2(b) of the Adoption Act and would correct a spelling error in subsection 48(3) of that Act. Clause 4 of the Bill would amend the Agreement on Internal Trade Amendment Act
to clarify the date of coming into force of the Act. Clause 5 of the Bill would change the definition of the word "minister" in the Change of Name Act to reflect the current practice of defining minister with reference to the Executive Council Act. Clause 6 of the Bill would amend the Children's Law Act to clarify the
language surrounding the right of appeal from a decision of the Trial Division
to the Court of Appeal where the matter came before the Trial Division on
appeal from a Clauses 7 and 8 of the Bill would
amend of the City of Clause 7 of the Bill would also amend
the City of Clause 8 of the Bill would also amend
the City of Clause 9 of the Bill would amend the City of St. John's Act by adding a
section 5.1 allowing the city council to decide to have a ward system. This
provision existed in the Clause 9 of the Bill would also amend
the City of St. John's Act to clarify
the authority under which a violation notice and a summons may be issued. The authority is in the Act but the provision
implies it falls in the regulations. Clause 10 of the Bill would add an inadvertently omitted phrase to subparagraph 2(b)(ii) of the Class Actions Act. Clause 11 of the Bill would correct a grammatical error in subsection 15(2) of the Condominium Act. Clause 12 of the Bill would amend the
Crop Insurance Act to correct an
error in reference. The crop insurance
system is administered by an agency not a board. Clause 13 of the Bill would amend subsection 57(1) of the Elections Act, 1991 to correct the reference to the Lieutenant-Governor in Council to a reference to the Lieutenant-Governor. This clause would also correct a reference in section 335 to the Lieutenant-Governor in Council that should be a reference to the Commission of Internal Economy of the House of Assembly. Clause 14 of the Bill would change
the definition of the word "minister" in the Evacuated Communities Act to reflect the current practice of
defining minister with reference to the Executive
Council Act. Clause 15 of the Bill would amend the Family Law Act to clarify that section 64 relating to separation agreements applies to all conjugal relationships. Clause 16 of the Bill would amend the
Fatalities Investigation Act to
reflect the replacement of the Summary
Proceedings Act with the Provincial
Offences Act. Clause 17 of the Bill would correct a
spelling error in subsection 10(3) of the Health
and Post-Secondary Education Tax Act. Clause 18 of the Bill would amend section 20 of the House of Assembly Act to add a definition of the word "commissioner" to Part II of the Act. This amendment would also provide for the filing of disclosure statements with the commissioner within 60 days of being elected or appointed as a minister, followed by further disclosures by April 1 of the second year after the election or appointment and then annually thereafter. This would avoid having to file two disclosures within a year immediately following an election or an appointment as minister. In addition, the commissioner would set the form of the disclosures. Presently the minister sets the form. Clause 19 of the Bill would correct citation errors in subsection 17(6) of the Income and Employment Support Act. Clause 20 of the Bill would amend section 19 of the Income Tax Act, 2000 to remove an unnecessary reference to taxes paid in the previous year. This would align language with that of other Canadian provinces. The section would be retroactive to the date the Act came into force. Clause 21 of the Bill would repeal in the Industries Act. This Act is obsolete. Clause 22 of the Bill would amend the Labour Standards Act to correct a grammatical and a citation error in subsection 22(3). This amendment would also more clearly state the minister's ability to exempt an employer from the days of rest requirement for employees and to vary or revoke that exemption. Clause 23 of the Bill would amend subsection 9(3) of the Massage Therapy Act to correct a citation error. The subsection was intended to allow massage therapists operating upon the commencement of the Act to be permitted to continue in practice without the educational requirements outlined in subsection 8(2) of the Act but the section inadvertently exempted them from other practice requirements of that section. This section would be retroactive to the date the Act came into force. Clause 24 of the Bill would amend subsection 19(1) of the Mining and Mineral Rights Tax Act, 2002 to remove a reference to a justice of the peace. The reference was included in error. Clause 25 of the Bill would amend the Municipalities Act, 1999 to correct a citation error. Clause 25 would also amend the Municipalities Act, 1999 to clarify the
authority under which a violation notice and a summons may be issued. The authority is in the Act but the provision
implies it falls in the regulations. Clause 26 of the Bill would repeal and replace paragraphs 2(b) and (g) of the Neglected Adults Welfare Act to clarify that an application made under the Act may be made to the Unified Family Court and to a judge of that court as well as to the provincial court and a judge of that court. Clause 27 of the Bill would amend section 36 of the Occupational Health and Safety Act to remove a reference to a worker health and safety representative. This reference was mistakenly placed in the section. Section 36 deals with employers who have more than 10 employees and as such, they are required to have a health and safety committee instead of a worker health and safety representative. This clause would also correct a citation error in subsection 41(3) of the Act. Clause 28 of the Bill would amend the
Optometry Act, 2004 to add an
authority to make regulations to provide for persons to discharge the duties of
checking the visual acuity of a person.
The provision was in the previous Act and unintentionally left out of
this Act. Clause 29 of the Bill would correct a citation error in section 65 of the Pension Benefits Act, 1997. Clause 30 of the Bill would correct an anomaly in section 4 of the Private Training Institutions Act that would leave a vacancy on the board of directors appointed under that Act where a director's term lapses and he or she is not reappointed or replaced immediately. This amendment would be retroactive to the date upon which the section commenced. Clause 31 of the Bill would amend an incorrect citation in section 9 of the Public Employees Act. This amendment would be retroactive to the date when the section error commenced. Clause 32 of the Bill would change
the definition of the word "minister" in the Research Council Act to reflect the current practice of defining
"minister" with reference to the Executive
Council Act. Clause 33 of the Bill would amend subsection 14(2) of the Statutes and Subordinate Legislation Act to change the manner of citing regulations to reflect current practice. The clause would also repeal section 16 to reflect the discontinuation of the practice of tabling regulations in the House of Assembly. Clause 34 of the Bill would amend subsection 27(5) of the Teachers' Pensions Act to include "child" in the list of dependants of a teacher. It had been unintentionally omitted. Clause 35 of the Bill would amend the Urban and Rural Planning Act, 2000 to clarify the authority under which a violation notice and a summons may be issued. The authority is in the Act but the provision implies it falls in the regulations. Clause 36 of the Bill would amend the
Vital Statistics Act to correct an
error in the citation of an Act. Clause 37 of the Bill would correct citation errors in section 15 of the Wild Life Act. Clause 38 of the Bill would amend the Young Persons Offences Act to reflect the current usage of "extrajudicial sanctions" in preference to "alternative measures". The amendment would also correct citation errors in subsections 6(1) and 8(9) of the Act. Clause 39 of the Bill would correct
an error in the Corporations Regulations. The qualifying age should be 60, not 16. A BILL AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW Analysis 1. Short title 2. Access to Information and Protection of Privacy Act 3. Adoption Act 4. Agreement on Internal Trade Amendment Act 5. Change of Name Act 6. Children's Law Act 7. City of 8. City of 9.
City of 10. Class Actions Act 11. Condominium Act 12. Crop Insurance Act 13. Elections Act, 1991 14. Evacuated Communities Act 15. Family Law Act 16. Fatalities Investigations Act 17. Health and Post Secondary Education Tax Act 18. House of Assembly Act 19. Income and Employment Support Act 20. Income Tax Act, 2000 21. Industries Act 22. Labour Standards Act 23. Massage Therapy Act 24. Mining and Mineral Rights Tax Act, 2002 25. Municipalities Act, 1999 26. Neglected Adults Welfare Act 27. Occupational Health and Safety Act 28. Optometry Act, 2004 29. Pension Benefits Act, 1997 30. Private Training Institutions Act 31. Public Employees Act 32. Research Council Act 33. Statutes and Subordinate Legislation Act 34. Teachers' Pensions Act 34. Urban and Rural Planning Act, 2000 36. Vital Statistics Act 37. Wild Life Act 38. Young Persons Offences Act 39. CNLR 750/96 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Attorney
General Statutes Amendment Act, 2004. SNL2002 cA-1.1 2. Paragraph 73(o) of the Access to Information and Protection of Privacy Act is amended by deleting the number, brackets and letter "2(o)" and substituting the number, brackets and letter "2(p)". SNL1999 cA-2.1 3. (1) Paragraph 2(b) of the Adoption Act is amended by deleting the numbers and brackets "51(2)" and substituting the numbers and brackets "51(3)". (2) Subsection 48(3) of the Act is amended by deleting the word "no-contract" wherever it occurs and substituting the word "no-contact". SNL1995 cA-5.1 4. (1) Section 15 of the Agreement on Internal Trade Amendment Act is repealed. (2) Subsection (1) shall be considered to have
come into force on RSNL1990 cC-8 5. Paragraph 2(d) of the Change of Name Act is repealed and the following is substituted: (d) "minister" means the minister appointed under the Executive Council Act to administer this Act; RSNL1990 cC-13 6. Subsection 81(2) of the Children's Law Act is repealed and the following substituted: (2) There is no appeal from an order or decision
of the Trial Division with respect to an appeal from an order or decision of a
RSNL1990 cC-15 as amended 7. (1) Subsection 14(1) of the City of (2) Section 280.4 of the Act is repealed and the following substituted: Employee designation 280.4 The council may designate an employee or a class of employees who may issue a (a) violation notice under section 280.1; and (b) summons under section 280.2. RSNL1990 cC-16 as amended 8. (1) Subsection 14(1) of the City of (2) Section 280.4 of the Act is repealed and the following substituted: Employee designation 280.4 The council may designate an employee or a class of employees who may issue a (a) violation notice under section 280.1; and (b) summons under section 280.2. RSNL1990 cC-17 as amended 9. (1) The City of St. John's Act is amended by adding immediately after section 5 the following: Wards 5.1 (1) The council may, by by-law carried by a 2/3 majority vote of the council, divide the city into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward. (2) Subject to section 5, where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large. (2) Section 57 of the Act is amended by adding immediately before the word "shall" the word "there". (3) Section 403.4 of the Act is repealed and the following substituted: Employee designation 403.4 The council may designate an employee or a class of employees who may issue a (a) violation notice under section 403.1; and (b) summons under section 403.2. (4) Subsection (1) shall be considered to have
come into force on SNL2001 cC-18.1 10. Subparagraph 2(b)(ii) of the Class Actions Act is amended by adding immediately after the word "arise" the words "from common but not necessarily identical facts". RSNL1990 cC-29 as amended 11. Subsection 15(2) of the Condominium Act is amended by adding immediately after the word "due" the word "by". RSNL1990 cC-39 12. (1) Subsection 10.1(1) of the Crop Insurance Act is amended by striking out the word "board" and substituting the word "agency". (2) Subsection 10.1(2) of the Act is amended by striking out the words "chairperson of the board" and substituting the words "chairperson of the agency". (3) Subsection 10.1(3) of the Act is amended by striking out the words "The chairperson of the board" and substituting the words "The chairperson of the agency". (4) Subsection 10.2(1) of the Act is amended by
striking out the words "the chairperson of the board" and
substituting the words "the chairperson of the agency". SNL1992 cE-3.1 13. (1) Subsection 57(1) of the Elections Act, 1991 is amended by deleting the words "in Council". (2) Subsection 335 of the Act is amended by deleting the words "Lieutenant-Governor in Council" and substituting the words "Commission of Internal Economy of the House of Assembly". RSNL1990 cE-15 14. Paragraph 2(a) of the Evacuated Communities Act is repealed and the following substituted: (a) "minister" means the minister appointed under the Executive Council Act to administer this Act;" RSNL1990 cF-2 15. Section 64 of the Family Law Act is amended by striking out the words "outside of marriage". SNL1995 cF-6.1 16. (1) Paragraph 2(l) of the Fatalities Investigations Act is repealed and the following substituted: (l) public inquiry means an inquiry conducted under Part IV of the Provincial Offences Act; (2) Section 26 of the Act is amended by striking
out the words and number "Part III of the Summary Proceedings Act" and substituting the words and number
"Part IV of the Provincial Offences
Act". RSNL1990 cH-1 17. Subsection 10(3) of the Health and Post-Secondary Education Tax Act is amended by deleting the word "lessor" and substituting the word "lesser". RSNL1990 cH-10 18. (1) Section 20 of the House of Assembly Act is amended by renumbering paragraph (a.1) as paragraph (a.2) and by adding immediately after paragraph (a) the following: (a.1) "commissioner" means the Commissioner of Members' Interests referred to in section 34; (2) Subsection 36(1) of the Act is repealed and the following substituted: Disclosure statement 36. (1) Every elected member and appointed minister shall, (a) within 60 days of his or her election or appointment; and (b) before the second April 1 occurring after the date of his or her election or appointment; and (c) before each April 1 subsequent to the date referred to in paragraph (b), file with the commissioner a disclosure statement in the form set by the commissioner. (3) Subsection (2) shall be considered to have
come into force on SNL2000 cI-0.1 19. Subsection 17(6) of the Income and Employment Support Act is amended by striking out the numbers, brackets and word "(4) or (5)" and substituting the numbers, brackets and word "(3) or (4)". SNL2000 cI-1.1 20. (1) Section 19 of the Income Tax Act, 2000 is amended by deleting the phrase "Where tax is payable under section 30 for the preceding year, there" and substituting the word "There". (2) Subsection (1) shall be considered to have
come into force on RSNL1990 cI-6 21. The Industries Act is repealed. RSNL1990 cL-2 22. (1) Subsection 22(3) of the Labour Standards Act is amended by (a) deleting the words, brackets and letter "paragraphs (a) and" and substituting the word "paragraph"; and (b) deleting the words "these paragraphs apply" and substituting the words "that paragraph applies". (2) Section 22 of the Act is amended by adding immediately after subsection (4) the following: (5) The minister may exempt an employer from the application of subsection (1) and may vary or revoke that exemption. SNL2001 cM-1.1 23. (1) Subsection 9(3) of the Massage Therapy Act is repealed and the following substituted: (3) Notwithstanding subsections (1) and (2) and paragraph 8(2)(b), where a person (a) has practised massage therapy in the province for not fewer than 7 years immediately before the coming into force of this Act; and (b) while practising massage therapy in the province, has been a member of the association; and (c) has completed courses of instruction and has practical experience that the board considers to be equivalent to the requirements of paragraph 8(2)(b), the board may register that person as a massage therapist and issue a licence to practise massage therapy to him or her. (2) Subsection (1) shall be considered to have come into force on June 1, 2002. SNL2002 cM-16.1 24. Subsection 19(1) of the Mining and Mineral Rights Tax Act, 2002 is amended by deleting the words "or justice of the peace". SNL1999 cM-24 25. (1) Section 126(3) of the Municipalities Act, 1999 is repealed and the following substituted: (3) For the purpose of this section and section 127, the rules for determining the residency of a person under section 24 of the Municipal Elections Act shall apply to the determination of whether or not a person is ordinarily resident or non- resident in a municipality. (2) Section 421.4 of the Act is repealed and the following substituted: Employee designation 421.4 A council may designate an employee or a class of employees who may issue a (a) violation notice under section 421.1; and (b) summons under section 421.2.
26. (1) Paragraph 2(b) of the Neglected Adults Welfare Act is repealed and the following substituted: (b) "court", unless otherwise is
specified, means the Provincial Court of Newfoundland and (2) Paragraph 2(g) of the Act is repealed and the following substituted: (g) "judge", unless otherwise is specified, means a provincial court judge or a judge of the Trial Division while assigned to the Unified Family Court; RSNL1990 cO-3 27. (1) Subsection 36.1(2) of the Occupational Health and Safety Act is amended by deleting the words "or the worker health and safety representative". (2) Subsection 36.1(4) of the Act is amended by deleting the words and comma "the worker health and safety representative,". (3) Subsection 41(3) of the Act is amended by deleting the brackets and figure "(1)" and substituting the brackets and figure "(2)". RSNL1990 cO-7 28. The Optometry Act, 2004 is amended by adding immediately after paragraph 47(d) the following: (d.1) providing for persons to discharge the duties
of checking the visual acuity of a person; SNL1996 cP-4.01 as amended 29. Section 65 of the Pension Benefits Act, 1997 is amended by deleting the words, numbers, brackets and letters "paragraph 40(1)(b) or (2)(b)" and substituting the words, numbers, brackets and letters "subparagraph 40(1)(a)(ii) or (2)(a)(ii)". RSNL1990 cP-25 30. (1) Section 4 of the Private Training Institutions Act is amended by adding immediately after subsection (5) the following: (5.1) A member of the board of directors appointed under this section whose term of office has expired shall continue to be a member of the board until he or she is reappointed or replaced and his or her decisions and actions as a director shall be considered to be valid. (2) Subsection (1) shall be considered to have come into force on January 1, 1999. RSNL1990 cP-36 31. (1) Section 9 of the Public Employees Act is amended by deleting the words "Public Employees Act" and substituting the words "Civil Service Act". (2) Subsection (1) shall be considered to have come into force on December 23, 1992. RSNL1990 cR-13 32. Paragraph 2(e) of the Research Council Act is repealed and the following substituted" (e) "minister" means the minister appointed under the Executive Council Act to administer this Act. RSNL1990 cS-27 33. (1) Subsection 14(2) of the Statutes and Subordinate Legislation Act is amended by deleting the words and periods "Nfld. and Lab. Reg." and substituting the letters "NLR". (2) Section 16 of the Act is repealed. (3) Sections 19, 20, 21 and 22 of the Act are amended by deleting the word "senior" wherever it occurs and substituting the word "chief". SNL1991 c17 34. Subsection 27(5) of the Teachers' Pensions Act is amended by adding immediately after the word "sister" a comma and the word "child". SNL2000 cU-8 35. Section 39.4 of the Urban and Rural Planning Act, 2000 is repealed and the following substituted: Employee designation 39.4 A council may designate an employee or a class of employees who may issue a (a) violation notice under section 39.1; and (b) summons under section 39.2. RSNL1990 cV-6 36. Subsection 13(1) of the Vital Statistics Act is amended by striking out the words "Investigation of Fatalities Act"
and substituting the words "Fatalities
Investigations Act". RSNL1990 cW-8 37. Subsections 15(5) and (6) of the Wild Life Act is amended by deleting the number "737" and substituting the number "731". RSNL1990 cY-1 38. (1) The Young Persons Offences Act is amended by deleting the word "pre-disposition" wherever it occurs and substituting the word "pre-sentence". (2) The Act is amended by deleting the words "youth court" wherever they occur and substituting the words "youth justice court". (3) Paragraph 3(1)(e) of the Act is amended by deleting the words and comma "or in the Canadian Bill of Rights". (4) Section 4 of the Act is repealed and the following substituted: Extrajudicial sanctions 4. (1) Extrajudicial sanctions may be used to deal with a young person alleged to have committed an offence instead of judicial proceedings under this Act only where (a) the sanctions are part of a program of extrajudicial sanctions authorized by the Attorney General or a delegate of the Attorney General or authorized by a person, or a person within a class of persons, designated by the Lieutenant-Governor in Council; (b) the person who is considering whether to use those sanctions is satisfied that they would be appropriate, having regard to the needs of the young person and the interests of society; (c) the young person, having been informed of the extrajudicial sanctions, fully and freely consents to participate in them; (d) the young person has, before consenting to participate in the extrajudicial sanctions, been advised of the right to be represented by counsel and been given a reasonable opportunity to consult with counsel; (e) the young person accepts responsibility for the act or omission that forms the basis of the offence that the young person is alleged to have committed; (f) there is, in the opinion of the Attorney General or the agent of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and (g) the prosecution of the offence is not barred at law. (2) Extrajudicial sanctions shall not be used to deal with a young person alleged to have committed an offence where the young person (a) denies participation or involvement in the commission of the offence; or (b) expresses a wish to have a charge dealt with by the youth court. (3) An admission, confession or statement accepting responsibility for a given act or omission made by a young person alleged to have committed an offence as a condition of being dealt with by extrajudicial sanctions shall not be admissible in evidence against the young person in civil or criminal proceedings. (4) Notwithstanding subsection (5), the use of extrajudicial sanctions in respect of a young person alleged to have committed an offence is not a bar to proceedings against the young person under this Act, but (a) where the youth justice court is satisfied on a balance of probabilities that the young person has totally complied with the terms and conditions of the extrajudicial sanctions, the youth justice court shall dismiss a charge against the young person; and (b) where the youth justice court is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the extrajudicial sanctions, the youth justice court may dismiss a charge against the young person where, in the opinion of the court, the prosecution of the charge would, having regard to the circumstances, be unfair, and the youth justice court may consider the young person's performance with respect to the extrajudicial sanctions before making a disposition under this Act. (5) Nothing in this section shall be construed to prevent a person from laying an information, obtaining the issue or confirmation of a process or proceeding with the prosecution of an offence in accordance with law. (5) Subsection 6(1) of the Act is amended by deleting the words "Summary Proceedings Act" and substituting the words "Provincial Offences Act". (6) Subsection 8(9) of the Act is amended by deleting the words "under the Highway Traffic Act" and substituting the words "that can be dealt with by a summary offence ticket". (7) Subsection 9(1) of the Act is amended by deleting the word "information" wherever it occurs and substituting the word "Information". CNLR 750/96 Amdt. 39. Paragraph 3(e) of the Corporations Regulations is amended by striking out the number
"16" and substituting the number "60". ŠEarl G. Tucker, Queen's Printer |