This is an official version.

Copyright 2000: Queen’s Printer,
St. John's, Newfoundland, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland 1992


CHAPTER 48

CHAPTER 48

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW (NO. 2)

(Assented to December 23, 1992)

Analysis

1. Short title

2. Attachment of Wages Act

3. Automobile Insurance Act

4. Bills of Sale Act

5. Child Welfare Act

6. City of St. John's Act

7. Conveyancing Act

8. Department of Health Act

9. Election Act

10. Expropriation Act

11. Financial Administration Act

12. Housing Corporation Act

13. Human Rights Code

14. Hydro Corporation Act

15. Income Tax Act

16. Interpretation Act

17. Law Society Act

18. Mines Act

19. Mobile Home Dealers Act

20. Petroleum and Natural Gas Act

21. Public Utilities Act

22. Regional Service Boards Act

23. St. John's Assessment Act

24. Securities Act

25. Wild Life Act

26. Legislative history amdt.

27. RSN 1990 Sch Amdt.

28. Civil Service Act

29. 1991 c41 Amdt.

30. Commencement

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, 1992 (No. 2).

RSN 1990 cA-20

2. The Attachment of Wages Act is amended by deleting the words "Welfare of Children Act" in paragraph 8(g) and substituting the words "Children's Law Act".

RSN 1990 cA-22 as amended

3. (1) Section 8 of the Automobile Insurance Act is amended by repealing Statutory Condition 2(2) and substituting the following:

Prohibited Use by Others

(2) The insured shall not permit, suffer, allow or connive at the use of the automobile,

(a) by a person,

(i) unless that person is for the time being either authorized by law or qualified to drive or operate the automobile, or

(ii) while that person is under the age of 16 years or under the age that is prescribed by the law of the province in which he or she lives at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued; or

(b) by a person who is a member of the household of the insured while his or her licence to drive or operate an automobile is suspended or while his or her right to obtain a licence is suspended or while prohibited under order of a court from driving or operating an automobile; or

(c) for an illicit or prohibited trade or transportation; or

(d) in a race or speed test.

(2) Section 8 of the Act is amended by repealing Statutory Condition 4(1)(b) and substituting the following:

(b) at the expense of the insurer, and as far as reasonably possible, protect the automobile from further loss or damage; and

(3) Section 8 of the Act is amended by repealing Statutory Condition 7 and substituting the following:

Who May Give Notice and Proofs of Claim

7. - Notice of claim may be given and proofs of claim may be made by the agent of the insured named in this contract in case of absence or inability of the insured to give the notice or make the proof, that absence or inability being satisfactorily accounted for or, in the like case or if the insured refuses to do so, by a person to whom a part of the insurance money is payable.

(4) Section 8 of the Act is amended by repealing Statutory Condition 9(2) and substituting the following:

(2) Written notice may be given to the insured named in this contract by letter personally delivered to him or her or by registered mail addressed to him or her at the latest post office address as notified to the insurer.

RSN 1990 cB-3 as amended

4. Subsection 10(1) of the Bills of Sale Act is amended by adding immediately after the word "to" where it occurs for the third time, the word "secure".

RSN 1990 cC-12

5. Subsection 38(2) of the Child Welfare Act is amended by striking out the word "conditional" and substituting the word "confidential".

RSN 1990 cC-17 as amended

6. Section 319 of the City of St. John's Act is amended by striking out the number "438" and substituting the number "434".

RSN 1990 cC-34

7. (1) Subsection 33(1) of the Conveyancing Act is amended by adding immediately after the word "act" where it first occurs, a comma.

(2) Paragraph 50(2)(b) of the Act is amended by striking out the words "below the age of majority" and substituting the words and number "under 19 years of age".

RSN 1990 cD-15 as amended

8. Paragraph 27(7)(b) of the Department of Health Act is amended by striking out the words "is guilty of an offence" and substituting a comma and by adding immediately after paragraph (b) the words "is guilty of an offence".

RSN 1990 cE-3 as amended

9. (1) Section 2 of the Election Act is amended by adding the following immediately after paragraph (a):

(a.1) "British subject" is considered to include a citizen of the Republic of Ireland;

(2) Paragraph 3(b) of the Act is repealed and the following substituted:

(b) is a Canadian citizen or other British subject;

(3) Paragraph 4(b) of the Act is repealed and the following substituted:

(b) is a Canadian citizen or other British subject;

(4) Form No. 14 of the Schedule to the Act is amended by striking out the words "Minister of Municipal and Provincial Affairs" and substituting the words "Minister of Justice".

(5) Form 22 of the Act is amended by

(a) inserting immediately after the word and number "Form No. 22" the words "Oath of Qualification of Candidate"; and

(b) inserting immediately after the words "a Canadian citizen" the words and brackets "(or other British subject)".

(6) Form 34 of the Act is amended by adding immediately after the word and figure "Form 35" the word and figure "or 36".

(7) Form 35 of the Act is amended by adding immediately after the words "Canadian citizen" the words "or other British subject".

(8) Form 36 of the Act is amended by adding immediately after the words "Canadian citizen" the words "or other British subject".

(9) Form 37 of the Act is amended by adding immediately after the words "Canadian citizen" the words "or other British subject".

(10) Form 38 of the Act is amended by adding immediately after the words "Canadian citizen" the words "or other British subject".

(11) Paragraph 2(a.1) of the Election Act shall stand repealed on a day to be proclaimed by the Lieutenant-Governor in Council and paragraphs 3(b) and 4(b) and Forms 22, 35, 36, 37 and 38 shall stand amended on a day to be proclaimed by the Lieutenant-Governor in Council by deleting the words "or other British subject".

RSN 1990 cE-19 as amended

10. Subsection 34(2) of the Expropriation Act is amended by deleting the word "injuriously" and substituting the word "detrimentally".

RSN 1990 cF-8 as amended

11. Subsection 87(2) of the Financial Administration Act is amended by striking out the word, brackets and number "subsection (2)" and substituting the word, brackets and number "subsection (1)".

RSN 1990 cH-13

12. Section 45 of the Housing Corporation Act is repealed.

RSN 1990 cH-14

13. Subsection 6(2) of the Human Rights Code is amended by striking out the words "as determined by the commission".

RSN 1990 cH-16

14. Section 3 of the Hydro Corporation Act is amended by adding immediately after subsection (7) the following:

(8) Notwithstanding subsection (2), in all Acts of the Legislature, agreements, legal documents and instruments, the corporation may be referred to as "Newfoundland and Labrador Hydro".

RSN 1990 cI-1 as amended

15. (1) Subsection 15(2) of the Income Tax Act is amended by deleting the word "collective" and substituting the word "collection".

(2) Subsections 15(3), (4) and (5) of the Act are repealed.

(3) Section 16 of the Act is amended by adding immediately after subsection (2) the following:

(3) Where a collection agreement is entered into, an individual to whom subsection (1) applies shall pay an amount under paragraph (a) computed in respect of the same year as that in respect of which the amount is computed that he or she is liable to pay under paragraph 156(a) of the Federal Act.

(4) For the purpose of section 15 and this section, "tax payable under the Federal Act" for a taxation year has the meaning given that expression in paragraph 4(12)(a), whether the taxation year is before or after the coming into force of this Act.

(5) Where no federal instalments are required under section 156.1 of the Federal Act, the requirements for payment by instalments under section 13 of this Act and this section, are not applicable and the individual shall pay to the Minister of Finance his or her estimated tax payable on or before April 30 of the following year.

RSN 1990 cI-19

16. (1) Subsection 27(2) of the Interpretation Act is amended by striking out the word "and" immediately after the number "1990".

(2) Subsection 27(2) of the Act is further amended by adding the following immediately after item 20:

20.1

injurious affection, injuriously affected

detrimental effect, detrimentally affected

RSN 1990 cL-9 as amended

17. Paragraph 38(3)(c) of the Law Society Act is amended by striking out the words "unless the person is resident in a province" and substituting the words "unless he is domiciled in a province".

RSN 1990 cM-15

18. Paragraph 2(f) of the Mines Act is amended by striking out the words "Mines and Energy" and substituting the words "Employment and Labour Relations".

RSN 1990 cM-17

19. The Mobile Home Dealers Act is amended by adding immediately after section 24 the following:

Commencement

25. This Act shall come into force on a date to be proclaimed by the Lieutenant-Governor in Council.

RSN 1990 cP-10

20. The Petroleum and Natural Gas Act is amended by adding immediately after section 43 the following:

Commencement

44. Sections 10 to 19 of this Act shall come into force on a date to be proclaimed by the Lieutenant-Governor in Council.

RSN 1990 cP-47 as amended

21. (1) Subsection 99(1) of the Public Utilities Act is amended by striking out the word "permission" and substituting the word "leave".

(2) Subsection 99(2) of the Act is amended by striking out the word "petition" wherever it occurs and substituting the word "application".

RSN 1990 cR-8

22. (1) Subsection 44(3) of the Regional Service Boards Act is amended by striking out the number "11" and substituting the number "13".

(2) Subsection 44(9) of the Act is amended by striking out the number "10" and substituting the number "9".

RSN 1990 cS-1 as amended

23. The St. John's Assessment Act is amended by adding immediately after section 116 the following:

Act priority

117. (1) A tax shall not be imposed or collected under the City of St. John's Act in respect of an assessment which has occurred after December 1, 1980.

(2) Where taxes or fees are provided for in this Act and in the City of St. John's Act, those taxes or fees with respect to services, licences or taxable subjects shall be imposed and collected only under this Act.

RSN 1990 cS-13

24. Subparagraph 94(1)(c)(iii) of the Securities Act is amended by striking out the number "1" and substituting the number "115".

RSN 1990 cW-8

25. Subsection 15(1) of the Wild Life Act is amended by striking out the words "in violation of this Act or the regulations" from paragraph (b) and by adding those same words immediately before the word "may".

Legislative history amdt.

26. The legislative history for the statute section cited in column 2 of the following table is struck out and the correct legislative history cited in the corresponding column 3 is substituted.

Statute

Section

Legislative History

Liquor Control Act RSN

1990 cL-18

39

1977 c111 s6

National Parks Lands Act

RSN 1990 cN-1

2

1981 c4 s55; 1981 c4 Sch F; 1989 c21 Sch B

Occupational Health and

Safety Act RSN 1990

cO-3

23

1990 c56 s1

Pickersgill Fellowship Act

RSN 1990 cP-14

6

1973 No35 Sch

RSN 1990 Sch. Amdt.

27. (1) Schedule A of the Revised Statutes of Newfoundland 1990 is amended

(a) under the heading "Revised Statutes of Newfoundland, 1970" by adding immediately after the line referring to Chapter No.

(i) 180 the chapter numbers and statutes as follows:

197

The Land Development Act

199

The Landlords' Taxes Act

(ii) 233 the chapter numbers and statutes as follows:

255

The Newfoundland Company of Rangers Act

260

The Newfoundland Hairdressers' Association Act, and

(iii) 297 the chapter number and statute as follows:

300

The Poor Debtors Act;

(b) under the heading "1975" by adding immediately after the line referring to Chapter No. 37 the chapter number and statute as follows:

47

The Regulation of Mines (Amendment) Act, 1975; and

(c) under the heading "1978" by adding immediately after the line referring to Chapter No. 51 the chapter number and statute as follows:

52

An Act to Amend The Registration (Vital Statistics) Act.

(2) Schedule B of the Revised Statutes of Newfoundland 1990 is amended

(a) by striking out the lines commencing with Chapter Nos. 197, 199, 255, 260, 300 and 339 under the heading "Revised Statutes of Newfoundland, 1970";

(b) by striking out the line commencing with Chapter No. 71 under the heading "1971"; and

(c) by adding immediately after the line referring to Chapter No. 53 under the heading "1975" the chapter number and statute as follows:

55

The Stamp (Amendment) Act, 1975; and

(d) by adding immediately after the words and figures "The Judicature Act, 1986" the words and letter "except Schedule D" under the heading "1986".

(3) Schedule C of the Revised Statutes of Newfoundland 1990 is amended by

(a) adding immediately after the line referring to Chapter No. 325 under the heading "Revised Statutes of Newfoundland, 1970" the chapter number and statute as follows:

339

The Rural District of Placentia Act; and

(b) adding to the list of statutes under the heading "1986" the following:

42

The Judicature Act, 1986, Schedule D only.

(4) Schedule D of the Revised Statutes of Newfoundland 1990 is amended by

(a) adding immediately after the heading "1947" the following:

3

The Western Memorial Hospital Corporation Act, 1947; and

(b) adding, with the list of statutes headed "1966", after the line referring to the Chapter No. 56, the following:

59

The Children's Hospital (Management) Act, 1966.

Civil Service Act

28. Where in an Act

(a) the phrase "a civil servant as defined by The Civil Service Act" is found it is struck out and the phrase "a public employee as defined by the Public Employees Act" is substituted; and

(b) the words "The Civil Service Act" are found they are struck out and the words "the Public Employees Act" are substituted.

1991 c41 Amdt.

29. Section 7 of the Revised Statutes, 1990 Act is amended by renumbering it as subsection 7(1) and adding immediately after subsection (1) the following:

(2) Where an Act contained in Schedule B of the Revised Statutes of Newfoundland, 1970 is not contained in Schedule A, B, C or D of the Revised Statutes of Newfoundland 1990, it is repealed.

Commencement

30. This Act is considered to have come into force on June 1, 1992.

©Earl G. Tucker, Queen's Printer