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 1993


CHAPTER 53

CHAPTER 53

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

(Assented to December 17, 1993)

Analysis

1. Short title

2. Automobile Insurance Act

3. Attorney General Statutes Amendment Act, 1992 (No.2)

4. Corporations Act

5. Department of Health Act

6. Department of Works, Services and Transportation Act

7. Departmental Acts Amendment Act, 1991

8. Election Act

9. Elections Act, 1991

10. Fishing Industry Collective Bargaining Act

11. Gasoline Tax Act

12. Gasoline Tax Regulations, 1980

13. Highway Traffic Act

14. Income Tax Act

15. Insurance Companies Act

16. Judgment Recovery (Nfld.) Ltd. Act

17. Judicature Act

18. Labour Standards (Amendment) Act

19. Lands Act

20. Liquor Control Act

21. Medical Care Insurance Act

22. Memorial University Pensions Act

23. Mentally Disabled Persons' Estates Act

24. Municipalities Act

25. Revised Statutes, 1990 Act

26. St. John's Municipal Elections Act

27. School Attendance Act

28. Social Assistance Act

29. Solemnization of Marriage Act

30. Trustee Act

31. Unified Family Court Act

32. Urban and Rural Planning Act

33. RSN 1990 Sch Amdt.

34. 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, 1993.

RSN 1990 cA-22 as amended

2. Subsection 33(2) of the Automobile Insurance Act is amended by striking out the Roman numeral "V" and substituting the Roman numeral "IV".

1992 c48

3. (1) Subparagraph 27(1)(a)(i) of the Attorney General Statutes Amendment Act, 1992 (No.2) is repealed.

(2) Subparagraph 27(1)(a)(ii) of the Act is amended by striking out the chapter number and statute reference as follows:

260 The Newfoundland Hairdressers' Association Act.

RSN 1990 cC-36 as amended

4. Subsection 34(3) of the Corporations Act is amended by striking out the comma immediately after the word "amalgamation" and by adding immediately after the word "municipality" a comma.

RSN 1990 cD-15 as amended

5. Section 13 of the Department of Health Act is repealed and the following is substituted:

Agreements made by minister

13. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 11 or 12, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 11 or 12 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

RSN 1990 cD-20 as amended

6. Paragraph 59(d) of the Department of Works, Services and Transportation Act is repealed.

1991 c45

7. (1) Section 9 of the Departmental Acts Amendment Act, 1991 is repealed.

(2) Subsection (1) shall be considered to have come into force on December 11, 1991.

RSN 1990 cE-3 as amended

8. Subsection 62(2) of the Election Act is amended by striking out the words "inclusion is filed" where they last occur and substituting the words "exclusion is not filed".

1991 cE-3.1 as amended

9. Subsection 339(4) of the Elections Act, 1991 is repealed.

RSN 1990 cF-18

10. Subsections 27(2) and (3) of the Fishing Industry Collective Bargaining Act are repealed and the following substituted:

(2) Where a collective agreement is in force and a dispute arises between the parties to the agreement with reference to the revision of a provision of the agreement that by the provisions of the agreement is subject to revision during the term of the agreement, the operator bound by it or who is a party to it shall not declare or bring about a lockout with respect to a fisher bound by the agreement or on whose behalf the collective agreement has been entered into, and that fisher shall not engage in a cessation referred to in subsection (1) and a bargaining agent that is a party to the agreement shall not declare or authorize a cessation by that fisher until the bargaining agent of those fishers and the operator or representatives authorized by them on their behalf have bargained collectively and have failed to conclude an agreement on the matters in dispute, and either

(a) a conciliation board has been appointed to endeavour to bring about agreement between them and 7 days have elapsed from the date on which the report of the board was received by the minister; or

(b) either party has requested the minister in writing to appoint a conciliation board to endeavour to bring about agreement between them and 15 days have elapsed since the minister received the request, and

(i) no notice under subsection 108(2) of the Labour Relations Act as made applicable by this Act has been given by the minister, or

(ii) the minister has notified the party so requesting that he or she has decided not to appoint a conciliation board.

RSN 1990 cG-1 as amended

11. (1) Section 5 of the Gasoline Tax Act is amended by striking out the figure "$0.122" and substituting the figure "$0.142"

(2) Subsection 15(4) of the Act is repealed.

(3) Paragraph 48(1)(f) of the Act is amended by adding immediately after the phrase "licences may be made," the words "the expiry date for licences".

(4) Subsection (1) shall be considered to have come into force on December 4, 1992 and subsection (2) shall be considered to have come into force on December 31, 1992.

Nfld. Reg. 67/80 as amended

12. (1) Part A of Schedule E of the Gasoline Tax Regulations, 1980 under the Gasoline Tax Act is amended by striking out the figure "$10.00" wherever it occurs and substituting the figure "$0.00".

(2) Sections 16, 17, 18 and Schedule E of the Regulations are repealed.

(3) Subsection (1) shall be considered to have come into force on January 1, 1992 and subsection (2) shall be considered to have come into force on January 1, 1993.

RSN 1990 cH-3 as amended

13. Section 190 of the Highway Traffic Act is amended by striking out the figures "189(5)" and substituting the figures "189(6)".

RSN 1990 cI-1 as amended

14. Paragraph 4(12)(d) of the Income Tax Act is amended by striking out the word "and" at the end of subparagraph (i), by striking out the period at the end of subparagraph (ii) and substituting a comma and the word "and" and by adding immediately after subparagraph (ii) the following:

(iii) in the case of any other individual, his or her income for the year as determined in accordance with the Federal Act.

RSN 1990 cI-10 as amended

15. Subsection 92(1) of the Insurance Companies Act is amended by striking out the words "Canadian and British Insurance Companies Act (Canada)" and substituting the words "Insurance Companies Act (Canada)".

RSN 1990 cJ-3 as amended

16. (1) Subsection 25(7) of the Judgment Recovery (Nfld.) Ltd. Act is amended by striking out the figure "80" and substituting the figure "81".

(2) Subsection 25(9) of the Act is amended by striking out the figure "199" and substituting the figure "200".

(3) Paragraph 31(c) of the Act is amended by striking out the figures "173(1)" and substituting the figures "174(1)".

RSN 1990 cJ-4 as amended

17. Subsection 47(3) of the Judicature Act is amended by striking out the figures "22(4)" and substituting the figures "22(3)".

1992 c17

18. (1) Subsection 1(3) of the Labour Standards (Amendment) Act is amended by striking out the reference "2(s)" and substituting the reference "2(g)".

(2) This section shall be considered to have come into force on April 15, 1993.

1991 c36

19. (1) Paragraph 75(f) of the Lands Act is repealed.

(2) Subsection (1) shall be considered to have come into force on December 11, 1991.

RSN 1990 cL-18 as amended

20. Paragraph 72(a) of the Liquor Control Act is amended by adding immediately after the word "store" the words "unless accompanied by a parent or guardian".

RSN 1990 cM-5

21. (1) Subsection 40(6) of the Medical Care Insurance Act is repealed and the following substituted:

(6) Except in the case of a revocation of allegations under paragraph (3)(a), the commission may, with the approval of the minister, and after considering

(a) the representation made to it by the medical association, the dental association or the optometrists association under the consultation under paragraph (3)(b); and

(b) where a hearing is held by a committee of the commission under subsection (4), the report of that committee,

make an order which may include 1 or more of the following:

(c) withholding from a physician, who is a participating physician, all or a part of the money which at the date of the order has been claimed to be due in respect of insured services under subsection 24(2), but which, following the notification and procedure set out under this section, have been found by the commission to be in respect of services to which paragraphs (1)(c) and (d) of this section applies;

(d) estimating and imposing on the physician a penalty of an amount not exceeding the amount of a loss sustained by the Crown because of a payment to the physician or the beneficiary for services which are, or are related to, the subject of the notification under subsection (1), together with 10% of the amount of the loss, and for the purpose of this paragraph the estimate shall, subject to proof to the contrary or appeal in accordance with section 42 be considered to be actual loss so sustained;

(e) considering the physician to be a physician who is not a participating physician for the purpose of this Act either permanently or for the period that may be stated in the order; and

(f) reducing the amount payable to a participating physician for insured services by the percentage and in respect of the period that may be specified in the order.

(2) Section 41 of the Act is amended by striking out the figures "22(2)" and substituting the figures "24(2)".

RSN 1990 cM-8 as amended

22. (1) Paragraph 8(a) of the Memorial University Pensions Act is amended by striking out the figure "8" and substituting the figure "18".

(2) Paragraph 8(b) of the Act is amended by striking out the figure "27" and substituting the figure "28".

RSN 1990 cM-10

23. Subsection 34(1) of the Mentally Disabled Persons' Estates Act is amended by striking out the words and figure "section 35 or" and substituting the words and figures "subsection 61(2) of".

RSN 1990 cM-23 as amended

24. (1) Section 181 of the Municipalities Act is amended by striking out the figures and word "214 and 215" and substituting the figures and word "189 and 190".

(2) Form B of Schedule A of the Act is amended by adding immediately after the word "taxes" the words "for a prior year".

(3) Form C of Schedule A of the Act is amended by adding immediately after the words "Returning Officer" a slash and the words "Deputy Returning Officer".

(4) Form G of Schedule A of the Act is amended by striking out the word "or" immediately before the word "for".

(5) Form K of Schedule A of the Act is amended by striking out the words "locked and" wherever they occur.

1991 c41 as amended

25. (1) Subsection 13(2) of the Revised Statutes, 1990 Act is repealed.

(2) Subsection (1) shall be considered to have come into force on December 31, 1990.

RSN 1990 cS-5 as amended

26. Section 2 of Form C of the Schedule to the St. John's Municipal Elections Act is amended by deleting the following:

OR

I am the owner, lessor, lessee or tenant of property in the City of St. John's that is subject to taxation by the city and is listed in the appraisement books of the city.

RSN 1990 cS-9

27. Paragraph 8(d) and subsections 9(3) and (4) of the School Attendance Act are amended by striking out the word "supervisor" wherever it occurs and substituting the word "superintendent".

RSN 1990 cS-17

28. Subsections 13(2) and (3) of the Social Assistance Act are repealed and the following substituted:

(2) A review committee shall, subject to the regulations, review, as soon as is reasonable, a decision or determination referred to in subsection (1) and make its own finding or decision.

(3) The finding or decision of a review committee shall be given effect in accordance with the regulations.

RSN 1990 cS-19

29. Paragraph 3(a) of the Solemnization of Marriage Act is amended by adding immediately after the semicolon, the word "or".

RSN 1990 cT-10

30. Section 3 of the Trustee Act is amended by striking out the word "and" at the end of paragraph (l), by striking out the period at the end of paragraph (m) and substituting a semicolon and the word "and" and by adding immediately after paragraph (m) the following:

(n) savings and chequing deposits of a bank to which the Bank Act (Canada) applies and of a trust company approved by order of the Lieutenant-Governor in Council.

RSN 1990 cU-3

31. Subsection 6(4) of the Unified Family Court Act is repealed.

RSN 1990 cU-7 as amended

32. (1) Subsection 94(1) of the Urban and Rural Planning Act is amended by adding the word "and" at the end of paragraph (h).

(2) Paragraphs 94(1)(i) and (j) of the Act are repealed and the following substituted:

(i) compensation shall not be allowed in respect of

(i) costs, expenses, loss, damages or inconvenience incurred or sustained in investigating a municipal plan, joint municipal plan, local area plan, regional plan, or other scheme, plan or regulation made under this or another Act, or expropriation proceeding taken under this Act or anything incidental to them or in respect of anything done under this Act or under a regulation, rule, by-law or order or in respect of a delay in proceeding with or by an amendment, revocation or abandonment of them, or

(ii) an actual or anticipated loss, damage or inconvenience suffered by a person in respect of the development of land or the erection of a building or structure or the doing of anything which is not developed, erected or done in accordance with a municipal plan, joint municipal plan, local area plan, regional plan, or other scheme or plan, or a regulation, rule, by-law, proclamation or order relating to it and make under this Act.

RSN 1990 Sch Amdt.

33. (1) Schedule B of the Revised Statutes of Newfoundland 1990 is amended

(a) under the heading "1975" in the line referring to Chapter No. 18 by adding immediately after the words "The Memorial University (Pensions) (Amendment) Act" a comma and the following, "1975, except S.3"; and

(b) under the heading "1981" in the line referring to Chapter No. 66 by adding immediately after the words "The Members of the House of Assembly (Retiring Allowances) (Amendment) Act" a comma and the following, "except S.4".

(2) Schedule C 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. 179 the chapter numbers and statutes as follows:

197 The Land Development Act

199 The Landlords' Taxes Act;

(b) by adding immediately after the heading "1974" the following:

11 The Change of Name (Amendment) Act, 1974;

(c) under the heading "1975" by adding immediately after the line referring to Chapter No. 17 the following:

18 The Memorial University (Pensions) (Amendment) Act, 1975, S.3; and

(d) under the heading "1981" by adding immediately after the line referring to Chapter No. 44 the following:

66 The Members of the House of Assembly
(Retiring Allowances) (Amendment) Act, S.4.

(2) Schedule D of the Revised Statutes of Newfoundland 1990 is amended under the heading "1965" by adding immediately after the line referring to Chapter No. 6 the following:

10 The Newfoundland Board of Liquor Control (Building) Act, 1965.

Commencement

34. Sections 2, 3, 5, 14, 22, 24, 27, 31, 32 and 33 shall be considered to have come into force on June 1, 1992.

©Earl G. Tucker, Queen's Printer