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Statutes of Newfoundland 1994


CHAPTER 28

CHAPTER 28

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

(Assented to December 16, 1994)

Analysis

1. Short title

2. Attorney General Statutes Amendment Act, 1993

3. Conveyancing Act

4. Corporations Act

5. Electrical Power Control Act, 1994

6. Financial Corporations Capital Tax Act

7. Freedom of Information Act

8. Health and Post-Secondary Education Tax Act

9. Highway Traffic Act

10. Income Tax (Amendment) Act, 1993

11. Interpretation Act

12. Investment Contracts Act

13. Labour Relations Act

14. Labour Standards Act

15. Medical Act

16. Medical Care Insurance Act

17. Members of the House of Assembly Pensions Act

18. Memorial University Act

19. Memorial University Pensions Act

20. Municipal Authorities Amendment Act, 1991

21. Municipalities Act

22. Reciprocal Enforcement of Support Orders Act

23. Reciprocal Taxation Agreement Act

24. Reciprocal Taxation Agreement Act, 1991

25. Social Assistance Act

26. Tobacco Tax Act

27. Urban and Rural Planning Act

28. Legislative history Amdt.

29. RSN 1990 Sch 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, 1994.

1993 c53

2. (1) Subsection 3(2) of the Attorney General Statutes Amendment Act, 1993 is repealed.

(2) Paragraph 33(2)(b) of the Act is repealed.

RSN 1990 cC-34 as amended

3. (1) Paragraph 4(1)(a) of the Conveyancing Act is amended by adding immediately after the words "to convey" the words "as beneficial owner".

(2) Subsection (1) is considered to have come into force on June 1, 1992.

RSN 1990 cC-36 as amended

4. Section 381 of the Corporations Act is amended by adding the following immediately after subsection (2):

(3) The officer that the minister may name shall perform the duties of the registrar

(a) where the registrar is absent from St. John's;

(b) where the registrar is prevented by illness or other cause from performing his or her duties;

(c) in the event of a vacancy in the office of the registrar; or

(d) where the registrar considers it necessary to delegate his or her authority.

1994 cE-5.1

5. Subsection 23(6) of the Electrical Power Control Act, 1994 is amended by deleting the reference to "subsection (6)" and substituting a reference to "subsection (7)".

RSN 1990 cF-9 as amended

6. Paragraph 2(b) of the Financial Corporations Capital Tax Act is repealed and the following substituted:

(b) "amount taxable" means

(i) in the case of a resident corporation, the taxable paid-up capital of the corporation,

(ii) in the case of a non-resident corporation, the taxable paid-up capital of the corporation employed in Canada,

as at the close of the fiscal year less the non-Newfoundland amount taxable, as prescribed;

RSN 1990 cF-25 as amended

7. (1) Paragraph 4(b) of the Freedom of Information Act is amended by adding a comma and the words "domiciled in the province" immediately after the words "Immigration Act, 1976 (Canada)".

(2) The Schedule to the Act is amended by deleting the reference to "The Labrador Community College".

RSN 1990 cH-1 as amended

8. Subsection 16(2) of the Health and Post-Secondary Education Tax Act is amended by deleting the word "inspector" and substituting the word "minister".

RSN 1990 cH-3 as amended

9. Subsection 123(6) of the Highway Traffic Act is amended by adding immediately after the words and comma "an emergency call or alarm," the words "or when in pursuit of an actual or suspected violator of the law".

1993 c29

10. (1) Section 2 of the Income Tax (Amendment) Act, 1993 is amended by adding the following immediately after subsection (1):

(1.1) Subsection 6(2) of the Act is amended by striking the figures "1968" and "1969" wherever they occur and substituting respectively the figures "1992" and "1993".

(2) Subsection (1) is considered to have come into force on January 1, 1993.

RSN 1990 cI-19 as amended

11. Section 27(1) of the Interpretation Act is amended by adding the following immediately after paragraph (d):

(d.1) "Crown" means the Crown in right of the Province of Newfoundland;

RSN 1990 cI-22

12. Subparagraph 2(g)(iii), section 16 and subparagraph 23(f)(i) of the Investment Contracts Act are amended by striking out the words "Canadian and British Insurance Companies Act" and substituting the words "Insurance Companies Act".

RSN 1990 cL-1 as amended

13. (1) Subsection 47(4) of the Labour Relations Act is amended by adding immediately after the phrase "than 5 days" a comma and the words "excluding holidays and weekends".

(2) Subsection 47(5) of the Act is repealed and the following substituted:

(5) Notwithstanding subsection (4), the board may in exceptional circumstances extend the time for the taking of the vote by the number of days which it considers appropriate.

(3) Subsection 51.1(3) of the Act is amended by adding immediately after the phrase "than 5 days" a comma and the words "excluding holidays and weekends".

(4) Subsection 51.1(4) of the Act is repealed and the following substituted:

(4) Notwithstanding subsection (3), the board may in exceptional circumstances extend the time for the taking of the vote by the number of days which it considers appropriate.

(5) This section shall be considered to have come into force on February 28, 1994.

RSN 1990 cL-2 as amended

14. Paragraph 2(a) of the Labour Standards Act is amended by deleting the figure "63" and substituting the figure "67".

RSN 1990 cM-4 as amended

15. Section 10 of the Medical Act is amended by adding the following immediately after subsection (1):

(1.1) The board is a corporation.

RSN 1990 cM-5 as amended

16. (1) Subsections 40(2)and (4) and paragraph 40(6)(b) of the Medical Care Insurance Act are amended by deleting the words "a committee of the commission" and substituting the words "a committee appointed by the commission".

(2) Subsection 40(5) of the Act is amended by deleting the words "subcommittee of the commission appointed" and substituting the words "committee appointed by the commission".

RSN 1990 cM-6 as amended

17. Section 34 of the Members of the House of Assembly Pensions Act is amended by renumbering it as subsection 34(1) and by adding the following immediately after that subsection:

(2) Subsections (1) and 33(2) apply only to those persons who are elected to the House of Assembly for the first time for or after the Thirty-Ninth General Assembly of Newfoundland.

RSN 1990 cM-7 as amended

18. Paragraph 5(1)(b) of the Memorial University Act is amended by striking out the words "Canadian and British Insurance Companies Act" and substituting the words "Insurance Companies Act".

RSN 1990 cM-8 as amended

19. Paragraph 7(b) of the Memorial University Pensions Act is amended by striking out the words "Canadian and British Insurance Companies Act" and substituting the words "Insurance Companies Act".

1991 c35

20. Subsection 7(7) of the Municipal Authorities Amendment Act, 1991 is amended by deleting the figure "353.6" and substituting the figure "353.5".

RSN 1990 cM-23 as amended

21. (1) Subsection 7(1) of the Municipalities Act is amended by deleting the words "local improvement district, and rural district" in the first line and the words "local improvement district or rural district" in the last line.

(2) Subsection 7(3) of the Act is amended by deleting the words "local improvement district and rural district".

RSN 1990 cR-5

22. Subsection 8(7) of the Reciprocal Enforcement of Support Orders Act is amended by repealing paragraph (b) and substituting the following:

(b) the claimant is ordinarily living in a reciprocating jurisdiction in which the order was first made,

and section 4 applies, with the necessary changes, to the proceeding.

RSN 1990 cR-6

23. Paragraph 4(2)(c) of the Reciprocal Taxation Agreement Act is amended by deleting the word "to".

1991 c23 as amended

24. The Schedule of the Reciprocal Taxation Agreement Act, 1991 is amended in the recital to the Agreement by striking out the words and figure "Constitution Acts, 1987" and by substituting the words and figure "Constitution Acts, 1867".

RSN 1990 cS-17 as amended

25. Paragraph 2(b) of the Social Assistance Act is amended by deleting the words "Social Assistance" and substituting the words "Social Services".

RSN 1990 cT-5 as amended

26. (1) Subsection 7(3) of the Tobacco Tax Act is amended by deleting the words and figure "person who holds a licence under section 6" and substituting the words "retailer or a licensed wholesaler".

(2) Subsection (1) shall be considered to have come into force on December 17, 1993.

RSN 1990 cU-7 as amended

27. Subparagraph 2(j)(vii) of the Urban and Rural Planning Act is amended by deleting the words "adjacent to" and substituting the words "within the courtyard of".

Legislative history amdt.

28. 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

Department of Development Act RSN 1990 cD-8

11

1989 c22 ss15&16

Department of Education Act RSN 1990 cD-9

11

1990 c26 ss10&11

Department of Employment and Labour Relations Act RSN 1990 cD-10

11

1989 c25 ss10&11

Department of Environment and Lands Act RSN 1990 cD-11

14

1989 c21 ss13&14

Department of Finance Act RSN 1990 cD-12

11

1989 c20 ss10&11

Department of Fisheries Act RSN 1990 cD-13

11

1989 c31 ss10&11

Department of Forestry and Agriculture Act RSN 1990 cD-14

13

1989 c18 ss17&18

Department of Mines and Energy Act RSN 1990 cD-17

13

1989 c23 ss12&13

Department of Municipal and Provincial Affairs Act RSN 1990 cD-18

12

1989 c30 ss11&12

Department of Social Services Act RSN 1990 cD-19

11

1990 c27 ss10&11

Department of Works, Services and Transportation Act RSN 1990 cD-20

11

1989 c33 ss10&11

Highway Traffic Act RSN 1990 cH-3

170

1988 c33 s169; 1990 c44 s1

Petroleum and Natural Gas Act RSN 1990 cP-10

39

1986 c40 s5; 1990 c23 s10

RSN 1990 Sch Amdt.

29. (1) Schedule A of the Revised Statutes of Newfoundland 1990 is amended under the heading "1904" by adding immediately after the line referring to Chapter No. 5 the chapter number and statute as follows:

12 Certain Mineral Lands Act.

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

(a) by adding immediately after the line referring to Chapter No. 29 under the heading "1987" the chapter number and statute as follows:

34 The Reciprocal Taxation Agreement Act, 1987;

(b) by striking out the lines commencing with Chapter Nos. 4 and 15 under the heading "1989"; and

(c) by striking out the line commencing with Chapter No. 53 under the heading "1990".

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

(a) by striking out the line commencing with Chapter No. 34 under the heading "1987";

(b) by adding immediately before the line referring to Chapter No. 7 under the heading "1989" the chapter number and statute as follows:

4 The Income Tax (Amendment) Act; and

(c) by adding immediately after the line referring to Chapter No. 9 under the heading "1989" the chapter number and statute as follows:

15 The Income Tax (Amendment) Act (No. 2).

(4) Schedule D of the Revised Statutes of Newfoundland 1990 is amended by adding immediately after the line referring to Chapter No. 8 under the heading "1990" the chapter number and statute as follows:

53 The Western Memorial Hospital Corporation (Amendment) Act, 1947.

©Earl G. Tucker, Queen's Printer