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Statutes of Newfoundland 1996


CHAPTER R-10

CHAPTER R-10.1

AN ACT TO AMEND THE LAW TO GIVE EFFECT TO CERTAIN RECOMMENDATIONS OF THE COMMISSIONER FOR REGULATORY REFORM

(Assented to June 18, 1996)

Analysis

1. Short title

2. Adoption of Children Act

3. Agricultural Societies Act

4. Apprenticeship Act

5. Archives Act

6. Assessment Act

7. Automobile Dealers Act

8. Bills of Sale Act

9. Change of Name Act

10. Child Welfare Act

11. City of St. John's Act

12. Collections Act

13. Colleges Act, 1991

14. Commissioners for Oaths Act

15. Conditional Sales Act

16. Condominium Act

17. Consumer Protection Act

18. Consumer Reporting Agencies Act

19. Co-operative Societies Act

20. Corporations Act

21. Credit Union Act

22. Crop Insurance Act

23. Direct Sellers Act

24. Education Act

25. Election Act

26. Embalmers and Funeral Directors Act

27. Employers' Liability Act

28. Environment Act

29. Environmental Assessment Act

30. Financial Administration Act

31. Fishing Ships Bounties Act

32. Forestry Act

33. Freedom of Information Act

34. Government Money Purchase Pension Plan Act

35. Highway Traffic Act

36. Hydro Corporation Act

37. Insurance Adjusters, Agents and Brokers Act

38. Insurance Companies Act

39. Lands Act

40. Legal Aid Act

41. Limited Partnership Act

42. Liquor Control Act

43. Liquor Corporation Act

44. Livestock Insurance Act

45. Meat Inspection Act

46. Members of the House of Assembly Pensions Act

47. Memorial University Pensions Act

48. Mentally Disabled Persons' Estates Act

49. Mortgage Brokers Act

50. Motor Carrier Act

51. Municipalities Act

52. Notaries Public Act

53. Pesticides Control Act

54. Pippy Park Commission Act

55. Plant Protection Act

56. Poultry and Poultry Products Act

57. Private Investigation and Security Services Act

58. Public Examinations Act

59. Public Libraries Act

60. Public Service Pensions Act, 1991

61. Public Utilities Act

62. Real Estate Trading Act

63. Registration of Deeds Act

64. Residential Tenancies Act

65. Salvage Dealers Licensing Act

66. Schools Act

67. Securities Act

68. Status of Women Advisory Council Act

69. Statutes and Subordinate Legislation Act

70. Student Allowances Act

71. Teacher Training Act

72. Teachers' Pensions Act

73. Tobacco Control Act

74. Trust and Loan Companies Licensing Act

75. Uniformed Services Pensions Act, 1991

76. Urban and Rural Planning Act

77. Vegetable Grading Act

78. Vital Statistics Act

79. Waste Material Disposal Act

80. Well Drilling Act

81. Wild Life Act

82. Wilderness and Ecological Reserves Act

83. Workers' Compensation Act

84. Works, Services and Transportation Act

85. Acts repealed

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 Regulatory Reform Act.

RSN1990 cA-3

2. (1) Subsection 19(2) of the Adoption of Children Act is repealed and the following substituted:

(2) An adoption order shall be on a form supplied by the director without charge.

(2) Subsection 23(1) of the Act is amended by striking out the words and comma "but subject to the regulations,".

(3) Subsection 23(3) of the Act is amended by striking out the words and comma "and subject to the regulations,".

(4) Sections 29, 30 and 31 of the Act are repealed and the following substituted:

Powers of minister

29. The minister may

(a) direct the manner in which an application is to be made;

(b) determine the procedure to be followed in making an application; and

(c) approve forms for the purpose of the Act.

RSN1990 cA-6 Rep.

3. (1) The Agricultural Societies Act is repealed.

(2) Notwithstanding subsection (1), a society which has not been wound up or struck off the register under section 7 of the Agricultural Societies Act is continued and has the same rights, powers, duties, functions and limitations as it would have if the Agricultural Societies Act were in force.

(3) A society may be wound up and struck off the register

(a) upon its own application and with the approval of the minister; or

(b) by order of the minister, for the causes that he or she may think appropriate,

and in either case the minister shall appoint a liquidator who shall proceed to wind up the society, having regard to the rights and interests of creditors or others under the existing law.

RSN1990 cA-12

4. Subsection 17(2) of the Apprenticeship Act is repealed and the following substituted:

(2) The board may declare a plan for the training of apprentices in the whole or a part of a designated trade, with respect to all industries or to an industry or business named in the declaration, and the declaration shall apply to the whole or the part of the province as the board determines and then, or at the time that the board determines in the declaration, the plan applies in accordance with the declaration.

RSN1990 cA-16

5. (1) Subsection 7(3) of the Archives Act is amended by striking out the words and comma "subject to the regulations,".

(2) Section 8 of the Act is repealed and the following substituted:

Schedules binding

8. Public records shall be dealt with by a department in accordance with the disposal schedules established by the committee.

(3) Section 10 of the Act is repealed.

RSN1990 cA-18 as amended

6. (1) Paragraph 2(b) of the Assessment Act is repealed and the following substituted:

(b) "assessor" means a person appointed under section 4 or directed to make an assessment under subsection 5(3) and includes the director and assistant director;

(2) Section 5 of the Act is amended by adding immediately after subsection (2) the following:

(3) Notwithstanding section 4 and subsections (1) and (2), the minister may where he or she considers it to be appropriate, direct that an assessment of property be carried out by a person not appointed under section 4.

(3) Section 9 of the Act is repealed and the following substituted:

Cost of assessment

9. The minister may establish the fees to be imposed for assessments under this Act.

(4) Paragraphs 50(a) and (b) of the Act are repealed.

(5) The Act is amended by adding immediately after section 50 the following:

Forms

51. The minister may approve the forms necessary for the administration of this Act.

RSN1990 cA-21

7. Section 28 of the Automobile Dealers Act is amended by

(a) repealing paragraphs (a), (c), (l), (n), (o) and (p); and

(b) inserting in paragraph (d) immediately following the word "prescribed" the phrase "by the minister".

RSN1990 cB-3 as amended

8. (1) Subsection 8(1) of the Bills of Sale Act is repealed and the following substituted:

Registration

8. (1) Registration of a bill of sale shall be effected by filing the bill of sale in the registry.

(2) Subsection 12(1) of the Act is repealed and the following substituted:

Renewal statements

12. (1) A registered bill of sale that evidences a mortgage of chattels stops being valid after the expiration of 5 years from its registration as against a creditor and as against a subsequent purchaser or mortgagee claiming from or under the grantor in good faith for valuable consideration without notice whose conveyance or mortgage has been registered or is valid without registration.

(1.1) A bill of sale may be renewed, before or after the expiry of the registration period, by filing a renewal statement in Form 1 in accordance with this section.

(3) Subsection 12(3) of the Act is repealed and the following substituted:

(3) Further renewal statements may be filed in accordance with this section within 5 years from the filing of the first renewal statement and afterward within 5 years from the filing of the last preceding renewal statement.

(3.1) A bill of sale stops being valid after the expiry of a renewal statement as against a creditor and as against a subsequent purchaser or mortgagee claiming from or under the grantor in good faith for valuable consideration without notice.

(4) Section 13 of the Act is repealed and the following substituted:

Imported chattels

13. Where chattels that are the subject of a mortgage that was executed when they were situated outside the province or the offshore area are brought into the province or the offshore area, the grantee is not entitled to set up a right of property or right of possession in or to the chattels brought in as against a creditor or a subsequent purchaser or mortgagee claiming from or under the grantor in good faith for valuable consideration without notice unless the bill of sale is registered by registering a copy of the bill of sale and of the documents accompanying or relating to it, verified as copies by the affidavit of a person who has compared them with the originals.

(5) Section 22 of the Act is repealed.

(6) Subsection 25(5) of the Act is amended by striking out the words and figure "the fee set out in the regulations made under section 27" and by substituting the words "the fee set by the minister".

(7) Subsection 25(6) of the Act is repealed and the following substituted:

(6) A professional searcher shall pay the fee set by the minister for each search made by him or her.

(8) Subsection 25(7) of the Act is amended by striking out the words and figure "the fees prescribed in the regulations made under section 27" and by substituting the words "the fees set by the minister".

(9) Section 27 of the Act is repealed and the following substituted:

Fees

27. (1) The registrar shall collect and pay through the department into the Consolidated Revenue Fund the fees that the minister may set for the purpose of this Act.

(2) The registrar shall not register a document under this Act unless the fees set by the minister are paid.

RSN1990 cC-8

9. (1) Section 4 of the Change of Name Act is amended by renumbering it as subsection (1) and by adding immediately after subsection (1) the following:

(2) For the purpose of this Act an individual is a resident of the province if he or she has been ordinarily resident here for at least 6 months prior to making an application.

(2) Section 26 of the Act is repealed and the following substituted:

Fees and forms

26. The minister may

(a) set fees for the purpose of this Act; and

(b) establish forms for the purpose of this Act.

RSN1990 cC-12 as amended

10. Section 41 of the Child Welfare Act is repealed and the following substituted:

Minister's administrative powers

41. The minister may

(a) establish terms and conditions for the licensing of foster homes and receiving homes;

(b) direct the method of record keeping and the reporting requirements for foster homes and receiving homes;

(c) establish the rate to be paid in respect of board, lodging, clothing, school supplies, transportation and other items determined to be necessary or desirable by the minister, supplied to children

(i) in foster homes, receiving homes or other institutions, or

(ii) who live with and are cared for by grandparents or other relatives of the children, other than parents in a home which is considered by the director for the purpose as being satisfactory for their welfare; and

(d) make supplementary payments in respect of special needs children.

RSN1990 cC-17

11. Section 169 of the City of St. John's Act is amended by adding immediately after paragraph (a) the following:

(a.1) to regulate and control the use of skateboards in the city;

RSN1990 cC-22

12. (1) Paragraph 2(b) of the Collections Act is amended by adding immediately before the semi-colon at the end of the paragraph the words "and includes private bailiffs".

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

(3) This Act does not apply to companies and collectors who engage in collecting their own accounts but where a Code of Practice is promulgated as part of the regulations, companies and collectors who engage in collecting their own accounts shall conduct themselves in conformity with that code.

(3) Section 31 of the Act is amended

(a) by repealing paragraph (b) and by substituting the following:

(b) prescribing the information to be supplied by applicants for registration;

(b) by deleting in paragraph (k) the words "form and"; and

(c) by repealing paragraph (r).

SN1991 c40 as amended

13. Subsection 12(3) of the Colleges Act, 1991 is repealed and the following substituted:

(3) A college shall have the name approved or selected by the minister under subsection (2) and the board of a college shall be known as the board of governors of that named college.

RSN1990 cC-25

14. Section 12 of the Commissioners for Oaths Act is repealed.

RSN1990 c-28 as amended

15. (1) Subsection 5(3) of the Conditional Sales Act is repealed and the following substituted:

(3) The writing, or a copy of it shall be filed in the registry.

(2) Section 7 of the Act is repealed and the following substituted:

Goods brought into province

7. Notwithstanding subsection 6(1), where goods are brought into the province and are subject to an agreement made or executed outside the province that provides that the right of property in the goods or the right of possession of the goods, in whole or in part, remains in the seller notwithstanding that the actual possession of the goods passes to the buyer, then unless the agreement contains such a description of the goods that they may readily and easily be known and distinguished, the seller is not entitled to set up a right of property in or right of possession of the goods as against a creditor or as against a subsequent purchaser or mortgagee claiming from or under the buyer in good faith for valuable consideration without notice and the buyer shall, notwithstanding the agreement, be considered as against such a person to be the owner of the goods.

(3) Subsection 12(1) of the Act is repealed and the following substituted:

Renewal statements

12. (1) A conditional sale that has been filed in accordance with this Act stops being valid after the expiration of 5 years from its filing as against a creditor and as against a subsequent purchaser or mortgagee claiming from or under the buyer in good faith for valuable consideration without notice.

(1.1) A conditional sale may be renewed, before or after the expiry of the registration period, by filing a renewal statement in Form 1 in accordance with this section.

(4) Subsection 12(3) of the Act is repealed and the following substituted:

(3) Further renewal statements may be filed in accordance with this section within 5 years from the filing of the first renewal statement and afterward within 5 years from the filing of the last preceding renewal statement.

(3.1) A conditional sale stops being valid after the expiry of a renewal statement as against a creditor and as against a subsequent purchaser or mortgagee claiming from or under the buyer in good faith for valuable consideration without notice.

(5) Section 20 of the Act is repealed.

(6) Subsection 23(5) of the Act is amended by striking out the words and figure "the fee set out in the regulations made under section 24" and by substituting the words "the fee set by the minister".

(7) Subsection 23(6) of the Act is repealed and the following substituted:

(6) A professional searcher shall pay the fee set by the minister for each search made by him or her.

(8) Subsection 23(7) of the Act is amended by striking out the words and figure "the fees prescribed in the regulations made under section 24" and by substituting the words "the fees set by the minister".

(9) Section 24 of the Act is repealed and the following substituted:

Fees

24. (1) The registrar shall collect and pay through the department into the Consolidated Revenue Fund the fees that the minister may set for the purpose of this Act.

(2) The registrar shall not register a document under this Act unless the fees set by the minister under this section are paid.

RSN 1990 cC-29

16. Section 20 of the Condominium Act is amended by

(a) deleting in paragraph (b) the words "its form" and the commas immediately before and after the words;

(b) deleting in paragraph (c) the word and comma "form,";

(c) repealing paragraph (e) and by substituting the following:

(e) respecting the by-laws, including their contents;

(d) repealing paragraph (f); and

(e) deleting in paragraph (h) the phrase "prescribing the size and form of some or all documents presented for registration and".

RSN1990 cC-31

17. (1) Subsection 10(1) of the Consumer Protection Act is repealed and the following substituted:

Application for registration

10. (1) A person shall apply for registration as a lender upon a form provided by the registrar and shall include with the application the required fee.

(2) Paragraphs 23(1)(b), (r) and (s) of the Act are repealed.

(3) The Act is amended by adding immediately after section 23 the following:

Fees and forms

23.1 The minister may set fees payable under this Act and may approve forms for the purpose of the Act.

RSN1990 cC-32

18. (1) Subsection 12(1) of the Consumer Reporting Agencies Act is repealed and the following substituted:

Registration

12. (1) A consumer reporting agency shall apply for registration upon a form provided for the registration and shall send with the application the required fee.

(2) Section 18 of the Act is repealed and the following substituted:

Annual fee

18. A consumer reporting agency holding a certificate of registration under this Act shall, in April of each year, pay to the registrar an annual registration fee.

(3) Paragraph 27(c) of the Act is repealed and the following substituted:

(c) requiring the payment of fees on application for registration;

(4) Paragraphs 27(d) and (l) of the Act are repealed.

(5) The Act is amended by adding immediately after section 27 the following:

Fees and forms

27.1 The minister may set fees payable under the Act and may approve forms for the purpose of the Act.

RSN1990 cC-35

19. (1) Subsection 8(1) of the Co-operative Societies Act is repealed and the following substituted:

Application for registration

8. (1) For the purpose of registration, an application to register shall be made to the registrar in the form approved by the minister.

(2) Subsection 64(1) of the Act is amended by striking out the words "in the prescribed form" and by substituting the words "in the form required by the registrar".

(3) Paragraph 72(2)(b) of the Act is amended by striking out the words "the forms to be used and".

(4) The Act is amended by adding immediately after section 72 the following:

Forms

72.1 The minister may approve forms for the purpose of the Act.

RSN1990 cC-36 as amended

20. (1) Paragraph 2(v) of the Corporations Act is repealed and the following substituted:

(v) "prescribed", except when used with reference to fees and forms, means prescribed by the regulations;

(v.1) "prescribed fee", "prescribed fees" or "prescribed form" means the fee or fees set by the minister, or the form approved by the minister, for the purpose of this Act;

(2) Paragraph 409(b) of the Act is amended by striking out the comma and words ", and prescribing the amount of it".

(3) Paragraph 409(c) of the Act is repealed.

(4) Paragraph 409(g) of the Act is amended by striking out the words "and prescribing the amount of a fee".

(5) The Act is further amended by adding immediately after section 409 the following:

Fees and forms

409.1 The minister may

(a) set fees for the purpose of this Act; and

(b) establish the format and contents of returns, notices or other documents required to be sent to the registrar or to be issued by the registrar.

(6) Sections 410 to 417 of the Act are repealed.

(7) Section 454 of the Act is repealed and the following substituted:

Registration, etc. fees

454. (1) A domestic company and an extra-provincial company shall pay the fees to the registrar that the minister may set in respect of registration and other matters under this Part.

(2) The minister may set different fees for domestic and extra-provincial companies and may set fees based on authorized or stated capital of a company or otherwise.

RSN1990 cC-37.1

21. (1) Subsection 89(1) of the Credit Union Act is amended by striking out the words "in the prescribed form".

(2) Subsection 105(4) of the Act is repealed and the following substituted:

(4) The minister may set a filing fee payable by a credit union to the superintendent upon the filing of a return under this section, and the minister may charge additional fees for late filing.

(3) Paragraph 243(d) of the Act is repealed.

(4) Paragraph 243(qq) of the Act is repealed and the following substituted:

(qq) respecting the filing of information and documents required for the purpose of this Act;

(5) The Act is amended by adding immediately after section 243 the following:

Fees and forms

243.1 The minister may set fees required to be paid under this Act and may approve forms for the purpose of this Act.

(6) Subsection 245(3) of the Act is repealed and the following substituted:

(3) The minister may set a fee to defray administrative costs in respect of an application and certificate of continuance under this Part.

(7) This section comes into force on the day the Credit Union Act comes into force.

RSN1990 cC-39 as amended

22. Section 10 of the Crop Insurance Act is repealed and the following substituted:

Appeal board

10. (1) The minister may appoint an appeal board consisting of 3 persons, one of whom shall be designated as chairperson.

(2) At least one of the persons appointed under subsection (1) shall be a person who is or who has been an insured person.

(3) Persons appointed under subsection (1) shall hold office at the pleasure of the minister.

(4) Each member of the appeal board has, in relation to the hearing and determination of a matter, all the powers that are or may be conferred upon a commissioner under the Public Inquiries Act.

(5) Subject to the approval of the minister, the members of the appeal board shall make rules of procedure to govern hearings of the appeal board.

Appeals

10.1 (1) An insured person may file an appeal in respect of an act, finding, order or decision of the board, its officers or agents, within 14 days of the disputed act, finding, order or decision.

(2) An appeal is filed under subsection (1) by serving the chairperson of the appeal board and the chairperson of the board with a statement setting out in writing the grounds for the appeal.

(3) The chairperson of the board shall respond to an appeal filed under subsection (1) by serving a written response on the chairperson of the appeal board and on the appellant within 14 days of receiving the appeal.

(5) A decision of a majority of the members of the appeal board is final and binding.

Voluntary arbitration

10.2 (1) An insured person who files an appeal under section 10.1 and the chairperson of the board may agree to resolve the dispute by voluntary arbitration on those terms as are agreed by the parties.

(2) Where an agreement under subsection (1) provides that no appeal from the arbitration may be made to the appeal board, that provision is valid and the decision of the arbitration is final and binding.

RSN1990 cD-24

23. (1) Subsection 5(2) of the Direct Sellers Act is amended by adding immediately after paragraph (a) the following:

(a.1) a person who is registered as a student at an educational institution who sells goods valued at less than $150 for no more than 3 days in a year;

(2) Subsection 7(1) of the Act is amended by striking out the words "prescribed by the regulations" and by substituting the words "set by the minister".

(3) Paragraphs 32(b) and (c) of the Act are repealed.

(4) The Act is further amended by adding immediately after section 32 the following:

Fees and forms

32.1 The minister may

(a) set fees for the purpose of this Act; and

(b) approve forms for use in the administration of this Act.

SN1995 cE-2.1

24. The Education Act is amended by adding immediately after section 20 the following:

Non-resident student fees

21. (1) The minister may set fees to be paid by a student who is not ordinarily resident in the province who possesses a student authorization under a Canadian visitor visa and has come to the province for the purpose of attending public school.

(2) The fee shall be paid to the school board that operates the school attended by the student and the board shall remit the fee to the minister.

(3) A board shall not notify a student that he or she has been accepted as a student until the fee has been remitted to the minister.

RSN1990 cE-3 as amended

25. Subsection 103(1) of the Election Act is amended by striking out the phrase "The Lieutenant-Governor in Council may by order prescribe" and by substituting the phrase "The chief electoral officer may establish".

RSN1990 cE-7 as amended

26. (1) Section 13 of the Embalmers and Funeral Directors Act is amended by adding immediately after subsection (2) the following:

(2.1) A crematorium where human remains are disposed of shall not be operated except by a person who holds a licence to practise as a funeral director.

(2) Section 14 of the Act is amended by adding immediately after subsection (2) the following:

(3) An embalmer and a funeral director shall complete and maintain those records that the minister may require.

RSN1990 cE-10

27. The Employers' Liability Act is amended by repealing sections 2, 3, 4, 5, 6, 7, 8 and 9.

1995 cE-13.1

28. (1) The Environment Act is amended by adding immediately after section 11 the following:

Operation approval

11.1 (1) Where a person or municipal authority intends to operate or operates works in the province, the works shall not be operated unless that operation of the works has been approved, in writing, by the minister.

(2) Where a person or municipal authority proceeds with or carries out the operation of works without first obtaining the approval referred to in subsection (1), the minister may order an investigation of the works and may order changes to be made to those works and operations that the minister considers necessary and the investigation and changes shall be made at the expense of the person or municipal authority.

(2) Paragraph 14(1)(o) of the Act is amended by adding immediately after the word "regulating" the words "the operation of works and" and by adding immediately after the word "water" where it last appears, a comma and the words "air and soil".

(3) Section 15 of the Act is amended by adding immediately after the word "land" a comma and the words and comma "works, premises".

RSN1990 cE-14

29. (1) Subsection 6(1) of the Environmental Assessment Act is amended by striking out the phrase "in writing, on a form prescribed by the regulations, concerning" and by substituting the phrase "in the form required by the minister, respecting".

(2) Section 32 of the Act is amended by renumbering it as subsection 32(1) and by adding immediately after that subsection the following:

(2) Notwithstanding subsection (1) or another section of this Act and subject to the approval of the Lieutenant-Governor in Council, the minister may halt further environmental assessment of and reject a proposed undertaking where he or she is of the opinion that an unacceptable environmental impact is indicated.

(3) Notwithstanding subsection (2), where a proposed undertaking has been rejected, the proponent for that undertaking may request that the minister direct that the environmental assessment process be completed and the minister may order that completion provided that the proponent shall pay the costs of that environmental assessment including costs of the government of the province from the time of the rejection of the proposed undertaking.

(3) Paragraph 38(c) of the Act is repealed.

RSN1990 cF-8 as amended

30. (1) Subsection 20(4) of the Financial Administration Act is repealed and the following substituted:

(4) The comptroller general may establish accounts with accredited banks or financial institutions for the deposit and payment of public money subject to any directive of the board.

(2) Subsection 30(2) of the Act is amended by deleting the words "under subsection (4)" and by substituting the words "subject to an appropriation and as prescribed by the board".

(3) Subsection 30(4) of the Act is repealed.

(4) Subsection 34(1) of the Act is amended by deleting the words and comma "Subject to the regulations, the" at the beginning of the subsection and by substituting the word "The".

(5) Subsection 34(2) of the Act is amended by deleting the words "subject to the regulations" and by substituting the words "subject to a directive of the board".

(6) Subsection 34(3) of the Act is amended by deleting the phrase "in accordance with the regulations" and by adding a comma immediately before the phrase and the phrase "subject to a directive of the board,".

(7) Subsections 87(1) and (2) of the Act are repealed.

RSN1990 cF-19 Rep.

31. (1) The Fishing Ships Bounties Act is repealed.

(2) The repeal of the Act does not affect a right acquired or an obligation incurred on or before June 30, 1996 under that Act.

RSN1990 cF-23 as amended

32. (1) Paragraph 2(k) of the Forestry Act is amended by adding immediately before the semicolon at the end of the paragraph a comma and the words "and includes wild life officials relative to offences occurring within park boundaries".

(2) Paragraph 35(1)(d) of the Act is repealed and the following substituted:

(d) prescribing the manner in which notice of seizure is to be served; and

(3) Paragraph 38(d) of the Act is repealed and the following substituted:

(d) prescribing the fees to be paid for Crown timber licences and cutting permits;

(4) Paragraph 38(e) of the Act is amended by deleting the word and comma "form,".

(5) Paragraph 38(f) of the Act is amended by deleting the phrase "respecting the form of a timber sale agreement and".

(6) Paragraphs 76(1)(c), (d), (i), (j) and (o) of the Act are repealed.

(7) Paragraph 76(1)(s) of the Act is amended by deleting the words and commas "forms, documents,".

(8) Section 113 of the Act is repealed and the following substituted:

Construction or abandonment to be approved

113. (1) The minister, or a forestry official may construct and maintain a road referred to in section 112 that he or she considers necessary for the carrying out of good forest management practices.

(2) The minister or a forestry official may authorize

(a) the construction by another person of a road referred to in section 112 that he or she considers necessary for the carrying out of good forestry practices; or

(b) the abandonment or closure of a road upon those terms and conditions that the minister or forestry official considers necessary to restore and rehabilitate the areas affected by the construction of that road to a condition acceptable to the minister or the forestry official.

(3) A person shall not construct or abandon a road referred to in section 112 without the authorization of the minister or a forestry official.

(4) A person shall not, by timber harvesting or another activity, damages or cause damage to a road referred to in section 112.

(9) Section 116 of the Act is repealed and the following substituted:

Maintenance and rehabilitation required

116. (1) A party to a forest management agreement, or a timber sale agreement, or a person who has a right to cut timber under a timber licence or a timber lease, under the terms and conditions of an approved management plan, or any other person may

(a) subject to section 113, construct a road referred to in section 112, or perform other works incidental to that construction;

(b) restrict travel over a road referred to in section 112 constructed by that person or party; and

(c) subject to section 113, close or abandon a road referred to in section 112 or perform any work incidental to that closure or abandonment.

(2) A road referred to in section 112 built on Crown land or public land shall be built, used and maintained to standards established by the minister or a forestry official.

(10) Section 118 of the Act is repealed.

(11) Section 154 of the Act is repealed.

(12) Paragraph 155(b) of the Act is repealed.

RSN1990 cF-25 as amended

33. Section 16 of the Freedom of Information Act is repealed and the following substituted:

Regulations

16. The Lieutenant-Governor in Council may make regulations

(a) adding boards, commissions or other bodies to the Schedule; and

(b) generally, to give effect to the purpose of the Act.

Fees

16.1 The Minister may set fees for providing information requested under this Act.

RSN1990 cG-6 as amended

34. Section 13 of the Government Money Purchase Pension Plan Act is repealed.

RSN1990 cH-3

35. (1) Paragraph 178(1)(b) of the Highway Traffic Act is repealed and the following substituted:

(b) "child seating restraint system" means a system that meets the requirements of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act (Canada);

(2) Subsection 178(5) of the Act is repealed and the following substituted:

(5) Subsections (3) and (4) do not apply to

(a) a person driving a vehicle in reverse;

(b) a person who holds a certificate signed by a qualified medical practitioner certifying that the person is

(i) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or

(ii) because of size, build, or other physical characteristic, unable to wear a seat belt assembly;

(c) a person who is actually engaged in work which requires the person to alight from and re-enter a vehicle at frequent intervals and who, while engaged in the work, does not drive or travel in that vehicle at a speed exceeding 50 kilometres an hour;

(d) a person under the age of 16 years;

(e) a peace officer in the lawful performance of his or her duties, where compliance would endanger him or her or hamper the performance of his or her duties;

(f) a peace officer who, in the lawful performance of his or her duties, is transporting a person in his or her custody; or

(g) a person who is in the custody of a peace officer.

(3) Subsection 178(7) of the Act is repealed and the following substituted:

(7) Subsection (6) does not apply where the passenger

(a) is the holder of a certificate signed by a qualified medical practitioner certifying that the passenger is

(i) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or

(ii) because of size, build or other physical characteristic, unable to wear a seat belt assembly;

(b) is actually engaged in work which requires the person to alight from and re-enter the vehicle at frequent intervals and the vehicle does not travel at a speed exceeding 50 kilometres an hour;

(c) is occupying and properly secured in a child seating and restraint system as prescribed under the regulations; or

(d) is a person in the custody of a peace officer and being transported by the officer in the lawful performance of his or her duties.

(4) Subsection 178(10) of the Act is repealed.

(5) Paragraphs 186(a), (b), (e) and (f) of the Act are repealed.

(6) Subsection 188(1) of the Act is amended by striking out the words "in the Gazette and".

(7) Section 188 of the Act is further amended by adding immediately after subsection (3) the following:

(4) An order made under this section does not constitute subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

(8) Paragraphs 196(1)(k) and (l) of the Act are repealed.

RSN1990 cH-16 as amended

36. Section 32 of the Hydro Corporation Act is repealed.

RSN1990 cI-9 as amended

37. Section 44 of the Insurance Adjusters, Agents and Brokers Act is amended by deleting paragraphs (j) and (k).

RSN1990 cI-10

38. Section 26 of the Insurance Companies Act is repealed and the following substituted:

Application of ss.27-78

26. Sections 27 to 78 apply only to insurers incorporated under the laws of the province and extra-provincial insurers except

(a) mutual insurance companies;

(b) fraternal or sororal societies;

(c) mutual benefit societies;

(d) underwriters or syndicates of underwriters operating on the plan known as Lloyd's; and

(e) insurers undertaking marine insurance only.

1991 c36 as amended

39. Paragraph 41(d) of the Lands Act is repealed.

RSN1990 cL-11

40. Paragraph 67(gg) of the Legal Aid Act is amended by deleting the phrase "and the forms to be used".

RSN1990 cL-17

41. Section 33 of the Limited Partnership Act is repealed and the following substituted:

Fees

33. The minister may set fees for the purpose of this Act.

RSN1990 cL-18 as amended

42. (1) Sections 21 to 26 of the Liquor Control Act are repealed.

(2) Paragraph 61(1)(u) of the Act is repealed.

RSN1990 cL-19 as amended

43. (1) Subsection 34(1) of the Liquor Corporation Act is amended by deleting the commas and phrase ", at a fee to be fixed by the board,".

(2) Subsection 38(1) of the Act is repealed and the following substituted:

Containers to bear label

38. (1) Alcoholic liquor produced for sale by licensees referred to in section 34 shall be sold in containers with labels that have received prior approval by the corporation for wineries and distilleries and by the licensing board for breweries and shall comply with the laws of the Parliament of Canada respecting packaging, labelling and quality control standards.

(3) Section 39 of the Act is repealed.

(4) Section 48 of the Act is repealed.

RSN1990 cL-23 as amended

44. (1) Section 10 of the Livestock Insurance Act is repealed.

(2) Section 11 of the Act is repealed and the following substituted:

Appeal board

11. (1) The minister may appoint an appeal board consisting of 3 persons, one of whom shall be designated as chairperson.

(2) At least one of the persons appointed under subsection (1) shall be a person who is or who has been engaged in the production of livestock.

(3) Persons appointed under subsection (1) shall hold office at the pleasure of the minister.

(4) Each member of the appeal board has, in relation to the hearing and determination of a matter, all the powers that are or may be conferred upon a commissioner under the Public Inquiries Act.

(5) Subject to the approval of the minister, the members of the appeal board shall make rules of procedure to govern hearings of the appeal board.

Appeals

11.1 (1) An owner of livestock who is registered under a plan, may file an appeal in respect of an action, finding, order or decision of the board, its officers or agents, within 14 days of the disputed action, finding, order or decision.

(2) An appeal is filed under subsection (1) by serving the chairperson of the appeal board and the chairperson of the board with a statement setting out the grounds for the appeal in writing.

(3) The chairperson of the board shall respond to an appeal filed under subsection (1) by serving a written response on the chairperson of the appeal board and on the appellant within 7 days of receiving the appeal.

(5) A decision of a majority of the members of the appeal board is final and binding.

Voluntary arbitration

11.2 (1) An owner of livestock who files an appeal under section 11 and the chairperson of the board may agree to resolve the dispute by voluntary arbitration on those terms as are agreed by the parties.

(2) Where an agreement under subsection (1) provides that no appeal from the arbitration may be made to the appeal board, that provision is valid and the decision of the arbitration is final and binding.

RSN1990 cM-2

45. (1) Paragraph 4(a) of the Meat Inspection Act is repealed.

(2) The Act is amended by adding immediately after section 11 the following:

Disposal of diseased carcasses

11.1 The minister may establish the method of treatment and manner of disposal of slaughtered animal carcasses which, upon examination, are found to have a disease or condition which the minister considers to require that treatment or disposal.

Forms

11.2 The minister may approve forms necessary for the purpose of this Act.

RSN1990 cM-6 as amended

46. Section 35 of the Members of the House of Assembly Pensions Act is repealed.

RSN1990 cM-8 as amended

47. Sections 30, 31 and 32 of the Memorial University Pensions Act are repealed.

RSN1990 cM-10 as amended

48. (1) Section 28 of the Mentally Disabled Persons' Estates Act is repealed and the following substituted:

Fees

28. The registrar may charge for his or her services those fees, charges and expenses that the minister may set and shall collect and account for them in the manner the minister may require.

(2) Paragraphs 30(b) and (c) are repealed.

RSN1990 cM-18

49. Section 13 of the Mortgage Brokers Act is amended

(a) by repealing paragraph (b); and

(b) by deleting in paragraph (h) the words "form and".

RSN1990 cM-19

50. (1) The Long Title of the Motor Carrier Act is amended by striking out the words "or goods".

(2) Paragraphs 2(d) and (e) of the Act are repealed.

(3) Paragraphs 2(j) and (k) of the Act are repealed and the following substituted:

(j) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(k) "motor carrier" means a person operating a public service vehicle and includes a person who is the holder of a certificate;

(4) Paragraph 2(p) of the Act is repealed and the following substituted:

(p) "public service vehicle" means a motor vehicle designed or used for

(i) the provision of regularly-scheduled public passenger bus services on the Trans-Canada Highway, or

(ii) the transportation of ill or injured persons

for compensation;

(5) Paragraphs 2(s) and (t) of the Act are repealed.

(6) Paragraphs 3(1)(c), (d), (e), (g) and (h) of the Act are repealed.

(7) Sections 4 and 5 of the Act are repealed and the following substituted:

Certificate required

4. (1) A person shall not operate a motor vehicle upon a highway as a public service vehicle unless that person

(a) obtains or is exempted from obtaining a public service passenger certificate; and

(b) complies with the terms and conditions of the certificate.

(2) A person shall not make use of a motor vehicle on a highway in the province as a public service vehicle unless the person who permitted the use holds a certificate authorizing the operation of that motor vehicle as a public service vehicle for the purpose for which the use is made.

(8) Subsection 6(1) of the Act is repealed.

(9) Section 22 of the Act is repealed and the following substituted:

Rates

22. The holder of a public service passenger certificate shall not charge in excess of the rates that are approved by the board or that are set by the board.

(10) Paragraph 28(1)(i) of the Act is repealed.

(11) Paragraph 28(1)(o) of the Act is amended by striking out the words "or freight".

(12) Paragraph 28(1)(p) of the Act is amended by striking out the word "freight".

(13) Paragraph 28(1)(s) of the Act is amended by striking out the words and comma "or the maximum mass of freight, or both,".

(14) Paragraph 28(1)(v) of the Act is amended by striking out the words "or freight".

(15) Paragraph 28(1)(x) of the Act is repealed.

(16) Section 29 of the Act is repealed.

(17) Section 40 of the Act is repealed.

RSN1990 cM-23 as amended

51. Part VII of the Municipalities Act is repealed and the following substituted:

PART VII

FORMS AND REGULATIONS

Feasibility reports and forms

654. (1) The minister may establish the form and content of feasibility reports required under this Act.

(2) The minister may approve forms for the purpose of this Act.

Transition teams

655. The minister shall establish the terms of reference for transition teams appointed upon amalgamation or annexation.

RSN1990 cN-5

52. Section 3 of the Notaries Public Act is repealed and the following substituted:

Fees

3. A person who is appointed to be a notary public shall, before receiving his or certificate of appointment, pay to the Minister of Justice the fee the minister may set.

RSN1990 cP-8

53. Paragraph 24(l) of the Pesticides Control Act is repealed.

RSN1990 cP-15 as amended

54. Subsection 27(2) of the Pippy Park Commission Act is repealed and the following substituted:

(2) A person who contravenes this Act or a by-law made under this section

(a) may be expelled from public land by the commission, by a person acting on its authority or by a member of the Royal Newfoundland Constabulary;

(b) is guilty of an offence and liable to a fine not exceeding $300 or to imprisonment for a term not exceeding 60 days or to both a fine and imprisonment; and

(c) in addition to a fine or imprisonment set out in paragraph (b), is liable to pay the compensation that a Provincial Court judge may order for damage caused by that person in contravening the Act or a by-law.

RSN1990 cP-16

55. (1) Paragraph 2(d) of the Plant Protection Act is amended by striking out the words "Minister of Forestry and Agriculture" and by substituting the words "minister appointed under the Executive Council Act to administer this Act".

(2) Paragraphs 14(m), (n) and (o) of the Act are repealed.

(3) The Act is amended by adding immediately after section 15 the following:

Forms and fees

16. (1) The minister may determine and establish the forms and information required under this Act.

(2) The minister may establish conditions and fees which he or she considers appropriate for the issue or renewal of a certificate under this Act.

(3) The minister may establish the expiry dates of certificates under this Act.

RSN1990 cP-18

56. (1) Sections 3, 5 and 6 of the Poultry and Poultry Products Act are repealed.

(2) Section 13 of the Act is repealed and the following substituted:

Regulations

13. The Lieutenant-Governor in Council may make regulations respecting the inspection, grading, packaging, labelling, branding and marking of poultry or poultry products produced or sold in the province.

Egg grading

13.1 The minister may

(a) designate grading stations or facilities for the inspection or grading of eggs or egg products under this Act or the regulations; and

(b) establish standards for the grading, inspection, packaging and labelling of egg products.

RSN1990 cP-24

57. (1) Paragraphs 40(1)(e), (o) and (p) of the Private Investigation and Security Services Act are repealed.

(2) The Act is amended by adding immediately after section 40 the following:

Fees and forms

41. The minister may set fees payable for the issuing and renewal of licences under this Act and may approve forms for the purpose of the Act.

RSN1990 cP-37

58. Section 5 of the Public Examinations Act is repealed and the following substituted:

Remuneration of examiners

5. The minister may fix the remuneration of examiners and other persons appointed to conduct public examinations.

RSN1990 cP-40 as amended

59. (1) Paragraph 2(c) of the Public Libraries Act is repealed and the following substituted:

(c) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(2) Paragraph 2(d) of the Act is amended by deleting the words "Public Libraries Board" and by substituting the words "Information and Library Resources Board".

(3) Section 3 of the Act is amended by deleting the words "Public Libraries Board" and by substituting the words "Information and Library Resources Board".

(4) Paragraph 3(b) of the Act is amended by deleting the words " a representative" and by substituting the words "the chairperson".

(5) Paragraph 3(c) of the Act is amended by deleting the number "8" and by substituting the number "6".

(6) Subsection 6(6) of the Act is repealed.

(7) Section 19 of the Act is repealed and the following substituted:

Functions of regional board

19. The functions and responsibilities of a regional library board shall be determined by the provincial board.

(8) Section 20 of the Act is repealed.

(9) Section 22 of the Act is repealed.

(10) Section 23 of the Act is repealed and the following substituted:

Advisory board

23. (1) The St. John's Library Board shall act as an advisory board to the provincial board.

(2) The functions and responsibilities of the St. John's Library Board shall be determined by the provincial board.

(11) Section 24 of the Act is repealed.

(12) Subsection 26(1) of the Act is amended by deleting the phrase "on the recommendation of a regional library board" and the commas immediately before and after that phrase.

(13) Section 28 of the Act is repealed and the following substituted:

Accountability of board

28. A local board is accountable to the provincial board and shall advise and assist the provincial board, in accordance with the policies of the provincial board, in the development and maintenance of public library services in a community.

(14) Section 29 of the Act is repealed.

(15) Section 31 of the Act is repealed and the following substituted:

Election of officers

31. A board shall elect from among its members a chairperson and other officers.

(16) Section 33 of the Act is repealed.

(17) Subsection 34(2) of the Act is amended by deleting the number "3" and by substituting the number "2".

(18) Subsection 34(3) of the Act is amended by deleting the number "4" and by substituting the number "3".

(18) Section 36 of the Act is repealed.

(19) Section 37 of the Act is amended by deleting the phrase "in accordance with the policies and regulations of the provincial board" and the comma immediately before that phrase.

(20) Section 38 of the Act is repealed.

SN1991 c12 as amended

60. Section 33 of the Public Service Pensions Act, 1991 is repealed.

RSN1990 cP-47 as amended

61. (1) Subsection 21(1) of the Public Utilities Act is amended by striking out the word "regulations" and by substituting the word "policies".

(2) Subsection 21(2) of the Act is repealed.

(3) Section 114 of the Act is repealed.

(4) Subsection 115(4) of the Act is amended by striking out the words "The Lieutenant-Governor in Council may make regulations prescribing" and by substituting the words "The Lieutenant-Governor in Council may prescribe".

(5) Subsection 115(5) of the Act is repealed and the following substituted:

(5) Where there is an increase in pensions under the Public Service Pensions Act, the Lieutenant-Governor in Council may increase pensions payable under this section by the same percentage, subject to the same minimum and maximum amounts of increase, as pensions under that Act.

(6) Section 116 of the Act is repealed.

(7) Subsection 117(2) of the Act is repealed.

RSN1990 cR-2

62. Section 51 of the Real Estate Trading Act is amended by deleting paragraphs (b) and (c).

RSN1990 cR-10 as amended

63. Section 39 of the Registration of Deeds Act is repealed and the following substituted:

Fees

39. (1) The minister may set fees to be collected by the registrar for the purpose of this Act.

(2) An instrument, deed or other document shall not be registered until the proper fee is paid.

(3) A fee is not payable on the registration of an instrument, deed or other document by or on behalf of the Crown.

RSN1990 cR-14 as amended

64. Section 4 of the Residential Tenancies Act is repealed and the following substituted:

Crown bound

4. (1) The Crown is bound by this Act.

(2) Notwithstanding subsection (1), this Act does not apply with respect to the

(a) setting of rental rates based on income;

(b) subletting of premises; or

(c) allocation of rental units based on household size

with respect to residential premises referred to in subsection (3).

(3) Subsection (2) applies to residential premises

(a) owned or administered by or for the Government of Canada or the province or a municipality or an agency of one of them and occupied by social assistance recipients; and

(b) the rental of which is directly subsidized by the Government of Canada or the province where the residential premises are owned or administered by or for the Government of the Canada or the province or a municipality or an agency or one of them.

RSN1990 cS-8

65. (1) Subsection 5(1) of the Salvage Dealers Licensing Act is repealed and the following substituted:

Application for licence

5. (1) A person who intends to carry on or continue in business as a salvage dealer shall apply to the minister for a licence in respect of each salvage yard at which he or she carries on or proposes to carry on business and the application for the licence and each renewal

(a) shall set out the location and condition of the salvage yard on which the business is to be carried on, the number and names of persons who are or are to be employed by the applicant;

(b) shall contain other information that the minister requires about the business which is being carried on or which will be carried on; and

(c) shall be accompanied by the fee set by the minister.

(2) Subsection 18(1) of the Act is amended by striking out the words "in a form prescribed by the regulations" and by substituting the words "in a form required by the minister".

(3) Paragraphs 20(1)(a) and (h) of the Act are repealed.

RSN1990 cS-12

66. (1) Paragraph 11(n) of the Schools Act is repealed and the following substituted:

(n) where arrangements are made by it for the transportation of pupils, ensure that all vehicles engaged in carrying children to and from school are

(i) in good mechanical condition,

(ii) have adequate liability insurance, and

(iii) that an appropriate bus safety program is offered to students who are transported by bus;

(2) Section 58 of the Act is repealed and the following substituted:

Scholarships

58. (1) The Lieutenant-Governor in Council may establish those scholarships that he or she considers desirable, and set the value of them and the terms and conditions under which they may be awarded.

(2) The minister shall, in accordance with the terms and conditions set by the Lieutenant-Governor in Council, pay all scholarships out of money voted for that purpose by the legislature.

(3) Section 86 of the Act is amended by striking out the words "set out in regulations".

(4) Subsection 87(1) of the Act is amended by striking out the words "set out in regulations".

(5) Paragraphs 98(a), (b), (e) and (g) of the Act are repealed.

(6) Paragraph 98(f) of the Act is amended by striking out the semi-colon and the word "and" and by substituting a period after the figure "6".

RSN1990 cS-13

67. (1) Subsection 19(3) of the Securities Act is repealed and the following substituted:

(3) The commission may charge the fees that may be set by the minister for an examination made under this section.

(2) Section 30 of the Act is repealed and the following substituted:

Application for registration

30. An application for registration shall be made in writing upon a form provided by the commissioner and shall be accompanied by the fee set by the minister.

(3) Subsection 34(1) of the Act is amended by striking out the words "in the form prescribed by the regulations" and by substituting the words "in the form required for the purpose".

(4) Subsection 34(2) of the Act is amended by striking out the words "in the form prescribed by the regulations" and by substituting the words "in the form required for the purpose".

(5) Subsection 34(3) of the Act is amended by striking out the words "in the form prescribed by the regulations" and by substituting the words "in the form required for the purpose".

(6) Clause 73(7)(b)(i)(A) of the Act is amended by striking out the words "in the form prescribed by the regulations" and by substituting the words "in the form required for the purpose".

(7) Subsection 100(8) of the Act is repealed and the following substituted:

(8) A director's circular, director's or officer's circular and a notice of change shall be in the form approved for the purpose and shall contain the information required by this Part and the regulations.

(8) Subsection 125(1) of the Act is amended by striking out the words "in the form prescribed by the regulations".

(9) Paragraphs 143(1)(o) and (r) of the Act are repealed.

(10) The Act is amended by adding immediately after section 143 the following:

Fees and forms

143.1 The minister may set fees payable under this Act and may approve forms for the purpose of the Act.

RSN1990 cS-25

68. Subsection 8(3) of the Status of Women Advisory Council Act is repealed and the following substituted:

(3) Notwithstanding section 7, the president shall be paid an annual salary.

RSN1990 cS-27 as amended

69. (1) Section 10 of the Statutes and Subordinate Legislation Act is amended by

(a) repealing subsection (1) and by substituting the following:

(1) Subordinate legislation shall be filed in a manner prescribed by the registrar; and

(b) deleting in subsection (3) the phrase "as provided in this Act" and by replacing it with the phrase "as prescribed by the registrar"; and

(c) adding immediately after subsection (4) the following:

(5) Filing of subordinate legislation under subsection (1) may include electronic or computer generated filing or transmittal.

(2) Section 11 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The publication of subordinate legislation referred to in subsection (1) may be accomplished by electronic or computer generated means.

(3) Section 12 of the Act is amended by adding immediately after subsection (3) the following:

(4) This section applies notwithstanding the fact that subordinate legislation was published by electronic or computer generated means.

(4) Section 15 of the Act is amended by repealing paragraph (c).

RSN1990 cS-29

70. (1) Section 1 of the Student Allowances Act is repealed and the following substituted:

Short title

1. This Act may be cited as the Student Assistance Act.

(2) Paragraph 2(a) of the Act is repealed.

(3) Paragraph 3(1)(c) of the Act is repealed.

SN1991 c17 as amended

71. Section 37 of the Teachers' Pensions Act is repealed.

RSN1990 cT-1

72. Paragraph 11(c) of the Teacher Training Act is repealed.

SN1993 cT-4.1 as amended

73. Section 5 of the Tobacco Control Act is repealed and the following substituted:

Signs

5. (1) The minister may direct that signs be posted or displayed for the purpose of this Act.

(2) Where the minister directs that signs be posted or displayed at public entrances, on the front of cigarette vending machines and elsewhere, those signs shall be visible, unobstructed from view and in a form approved by the minister.

(3) It is an offence for a retailer to fail to post or display signs as directed and required under this Act.

RSN1990 cT-9

74. (1) The Long Title of the Trust and Loan Companies Licensing Act is amended by striking out the word "companies" where it twice occurs and by substituting the word "corporations".

(2) Section 1 of the Act is amended by striking out the word "Companies" and by substituting the word "Corporations".

(3) Paragraphs 2(a) and (b) of the Act are repealed and the following substituted:

(a) "bank" means a bank listed in Schedule I or II of the Bank Act (Canada);

(b) "bank mortgage subsidiary" means a wholly-owned subsidiary of a bank that receives deposits that are guaranteed by the bank whose investments in mortgages equal at least 85% of its deposits;

(b.1) "corporation" means a trust corporation and a loan corporation incorporated under the laws of a province of Canada;

(b.2) "loan corporation" means a corporation, association or society incorporated or operated for the purpose of borrowing money from the public by receiving deposits and lending or investing that money, but does not include a bank, a bank mortgage subsidiary, an insurance corporation, a trust corporation incorporated under the laws of Canada, or a credit union incorporated or continued under the Credit Union Act, or an issuer registered under the Investment Contracts Act;

(4) Paragraph 2(e) of the Act is repealed and the following substituted:

(e) "trust corporation" means a corporation incorporated or operated under the laws of a province of Canada for the purpose of offering its services to the public to act as a trustee, bailee, agent, executor, administrator, receiver, liquidator, assignee, guardian of a minor's estate, or committee of a mentally disabled person's estate, and, in addition to one or more of the preceding purposes, for the purpose of receiving deposits from the public and of lending or investing those deposits.

(5) Sections 13, 14 and 15 of the Act are repealed.

(6) Paragraphs 18(a) and (b) of the Act are repealed.

(7) The Act is amended by adding immediately after section 18 the following:

Fees and forms

18.1 The minister may set fees required by the Act to be paid and may approve forms for the purpose of this Act.

General amendment

(8) The Act is amended by striking out wherever they occur the words "company", "companies" and "company's" and by substituting the words "corporation", "corporations" and "corporation's".

SN1991 c19 as amended

75. Section 33 of the Uniformed Services Pensions Act, 1991 is repealed.

RSN1990 cU-7 as amended

76. (1) Section 12 of the Urban and Rural Planning Act is repealed and the following substituted:

Interim development regulations

12. (1) The minister may make interim development regulations

(a) prohibiting the development of land in the municipal planning area without the approval of the authorized council;

(b) prescribing that an application for the development of land within the municipal planning area shall not be approved by the authorized council unless it conforms with standards or with an outline plan of the municipal planning area designated in the regulations;

(c) providing for the issuing by the authorized council of conditional consent in respect of specified forms of land development or in respect of specified localities in the municipal planning area;

(d) providing for the approval by the authorized council for a limited period of the development of land or building in the municipal planning area;

(e) providing that in respect of approval given by the authorized council by regulations made under paragraph (c) or (d) the authorized council may, where the conditions of the approval have not been fulfilled or where the period specified has expired, order the development to be discontinued and the land in respect of which the conditional or temporary approval was given to be restored to its former state to the satisfaction of the authorized council;

(f) providing for the exercise by the authorized council of other powers which in the opinion of the Lieutenant-Governor in Council are necessary or desirable for the purpose of this Act;

(g) providing for appeals to the appropriate appeal board against a decision of an authorized council made under a regulation made under this section; and

(h) limiting the application of the regulations to developments specified in the regulations or may exempt from the application of the regulations, developments or a class of developments specified in them

which shall apply to a municipal planning area defined under section 11 and listed in the Schedule to those regulations.

(2) Notwithstanding subsection (1), interim development regulations made under subsection (1) shall continue to apply in a municipal planning area

(a) until the land use zoning and subdivision regulations referred to in section 36 are brought into force under section 38;

(b) for no longer than 5 years from the date that municipal planning area was defined under section 11; or

(c) for more than 5 years from the date that the municipal planning area was defined, where the minister renews the application of the interim development regulations to the municipal planning area, for further periods of no longer than 5 years.

(2) Section 13 of the Act is amended by striking out the word "order" wherever it appears and by substituting the word "regulation".

(3) Sections 61 and 62 of the Act are repealed and the following substituted:

Regulations re protected roads

61. The Lieutenant-Governor in Council may make regulations

(a) designating an existing or proposed highway, road or way as a protected road;

(b) establishing building control lines on either side of a protected road; and

(c) for the purpose of controlling development alongside protected roads.

Enforcement

62. Where regulations are made under section 61, the minister is responsible for their enforcement.

RSN 1990 cV-1

77. (1) Sections 2 and 3 of the Vegetable Grading Act are repealed and the following substituted:

Definitions

2. In this Act

(a) "inspector" means a person appointed as an inspector by the minister under this Act;

(b) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(c) "product" means produce as defined in the Fresh Fruit and Vegetable Regulations (Canada);

(d) "regulations" means the Fresh Fruit and Vegetable Regulations (Canada) and includes amendments made to those regulations before or after the commencement of this Act;

(e) "standards" means grades, grade names, packaging requirements or markings which are required by the regulations for interprovincial trade of a product; and

(f) "vehicle" means a device in, upon or by which a person or property may be transported or drawn upon land or water.

Interprovincial standards

3. The standards required of produce in the regulations for interprovincial trade shall apply to the trade of products within the province.

(2) Section 4 of the Act is amended by deleting the reference "2(d)" and by substituting the reference "2(c)".

RSN 1990 cV-6 as amended

78. (1) Section 10 of the Vital Statistics Act is repealed and the following substituted:

Information of births

10. (1) Information concerning a birth of a child shall be provided in the form established by the minister for that purpose and shall be delivered or mailed to the registrar within 48 hours of the birth

(a) by the medical practitioner, or person who assumes responsibility for the delivery of the child; and

(b) where more than one child is born, in a separate statement completed for each child which shall include the number of children born, their birth order, and the given name and surname for each child.

(2) To register the birth of a child, both parents, only one parent where the other is unwilling or unable to act, or the person who in fact has custody of the child where neither parent is willing or able to act, shall within 30 days of the birth of a child, complete and deliver or mail to the registrar a statement in the form required by the minister which shall include the given name and surname of the child.

(3) Where no man acknowledges himself to be the father, or the mother does not acknowledge that man as the father, the mother alone shall sign the statement.

(4) Within 90 days of receiving notification of a birth under subsection (1), the registrar may

(a) where no statement has been received requesting registration under subsection (2), register the information provided under subsection (1); and

(b) where a statement is completed by only one parent or by a person who is not the child's parent, amend the statement on the application of

(i) both parents,

(ii) the mother, where the father is incapable or unwilling to act, or the father, where the mother is unable or unwilling to act, or

(iii) the mother where the father is unacknowledged by or unknown to the mother.

(2) Section 13 of the Act is amended by adding the following immediately after subsection (2):

(2.1) The minister may approve other persons who may provide information referred to in subsection (1).

(3) Section 16 of the Act is repealed.

(4) Section 18 of the Act is repealed and the following substituted:

Registration in certain cases

18. The minister may register, in a registry to be kept for that purpose, the birth or death of a person who was born, or died, in, or outside, the province where the minister is satisfied that it is desirable to do so.

(5) Section 19 of the Act is repealed and the following substituted:

Proof

19. A person wishing to register or change information related to his or her birth, sex or marriage, or a person standing instead of a parent to a child wishing to register that child's birth, shall submit proof or supporting documents as may be required by the minister.

RSN1990 cW-4 as amended

79. (1) Subsection 5(3) of the Waste Material Disposal Act is repealed and the following substituted:

(3) The minister may establish rates to be charged for the collection of waste material within areas and those rates may differ for different areas and classes of waste material.

(2) Paragraph 7(2)(a) of the Act is amended by striking out the words "an order fixing the fees" and by substituting the words "the rates".

(3) Subparagraph 9(1)(a)(ii) of the Act is amended by striking out the words "the rate fixed by an order made" and by substituting the words "a rate established".

RSN1990 cW-7

80. (1) Subsection 3(2) of the Well Drilling Act is repealed.

(2) Section 6 of the Act is amended by renumbering it as subsection 6(1) and by adding immediately after that subsection the following:

(2) Where a well driller does not comply with this Act, the minister may suspend that well driller's licence for the period of time that the minister considers appropriate.

(3) The minister may reinstate a licence suspended under subsection (2) where the well driller whose licence has been suspended complies with this Act or provides a compliance plan acceptable to the minister.

(3) Paragraph 9(a) of the Act is amended by striking out the word "regulations" and by substituting the word "minister".

(4) Paragraph 9(d) of the Act is amended by striking out the word "regulations" and by substituting the words "minister for a period of not less than 2 years".

(5) Paragraphs 14(1)(a) and (b) of the Act are repealed.

RSN1990 cW-8 as amended

81. (1) Section 5 of the Wild Life Act is amended by adding the following immediately after subsection (1):

(1.1) The minister may, by order, fix the limits of and set aside an area of the province as a park

(a) where captive live animals may be exhibited; and

(b) where public, private and governmental activities are permitted only in accordance with this Act and the regulations.

(2) Section 5 of the Act is further amended by adding immediately after subsection (2) the following:

(3) With the approval of the Lieutenant-Governor in Council, the minister may, by means of

(a) mutual agreement;

(b) purchase;

(c) lease; or

(d) expropriation

acquire land granted or leased under the Lands Act for incorporation into a wild life park.

(4) The minister may prescribe those activities that may be engaged in within a wild life park.

(3) Section 7 of the Act is amended by deleting paragraphs 7(1)(h) and (i).

RSN1990 cW-9

82. (1) Section 13 of the Wilderness and Ecological Reserves Act is repealed and the following substituted:

Notice

13. A notice of an attention to establish a reserve given under subsection 12(2) shall contain

(a) a boundary description of the area that will constitute the reserve; and

(b) a statement of the purpose for establishing the reserve.

(2) Section 14 of the Act is repealed.

(3) Section 15 of the Act is repealed and the following substituted:

Public consultation

15. Within 60 days from the publication of a notice of an intention to establish a reserve, the minister shall publish in a newspaper in circulation in the area where it is intended to establish the reserve a notice indicating that the minister requires written notice within the next 30 days where a member of the public intends to participate in a public hearing on the establishment of the reserve.

(4) Section 18 of the Act is repealed and the following substituted:

Reserve established

18. (1) After consideration of the report referred to in section 17, the Lieutenant-Governor in Council may establish a reserve and the instrument establishing it is subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

(2) The instrument establishing a reserve shall contain a description of the area involved and the management plan of the reserve.

(3) Where a reserve is established, the minister shall, within 5 days, publish a notice in a newspaper in circulation in the area where the reserve is located to publicize its establishment, a description of the area involved and the management plan of the reserve.

(5) Paragraph 23(1)(a) of the Act is amended by striking out the words "provisional reserve".

(6) Subsection 24(1) of the Act is amended by striking out the words "provisional reserve" wherever they occur.

(7) Subsection 24(2) of the Act is amended by striking out the words "provisional ecological reserve" wherever they occur.

(8) Paragraph 25(1)(c) of the Act is amended by striking out the word "provisional".

(9) Paragraph 25(1)(e) of the Act is amended by striking out the words "provisional reserve".

(10) Subsection 25(2) of the Act is amended by striking out the word "provisional".

(11) Section 29 of the Act is amended by striking out the words "provisional reserve" wherever they occur.

RSN1990 cW-11 as amended

83. Paragraph 88(d) of the Workers' Compensation Act is repealed and the following substituted:

(d) to provide the same counselling, academic and vocational services as provided to an injured worker, to a dependant spouse who survives a worker, where the worker's death resulted from an injury which occurred before July 1, 1996.

SN95cW-12

84. Section 58 of the Works, Services and Transportation Act is repealed and the following substituted:

Form of Gazette

58. The minister may

(a) determine the form, mode and times of publication of the Gazette;

(b) designate the public bodies, officers and persons to whom the Gazette is to be sent without charge; and

(c) establish the price of subscriptions to the Gazette and the charges to be paid for the publication of notices, advertisements and documents.

REPEAL

Acts repealed

85. The following Acts are repealed:

(a) The Animal and Poultry Feed Mill Act, 1962, SN1962 No.74;

(b) The Arts and Culture Centre (Building) Act, 1966, SN1966 No.14;

(c) Building Supplies Act, RSN1990 cB-9;

(d) The Canada-Newfoundland Unemployment Assistance Agreement Act, 1956, SN1956 No.1;

(e) Censoring of Moving Pictures Act, RSN1990 cC-5;

(f) Cold Storage Act, RSN1990 cC-21;

(g) Deferred Pensions Act, RSN1990 cD-4;

(h) Exhibition of Advertisements Act, RSN1990 cE-17;

(i) Fishery Salt, Sale and Distribution Act, RSN1990 cF-16;

(j) Fishing and Coasting Vessels Bounties Act, RSN1990 cF-17;

(k) Health and Social Agencies Act, SN1992 cH-1.1;

(l) The Industrial Development (Incentives) Act, RSN1970 c168;

(m) The Industrial and Provident Societies Act, RSN1970 c167;

(n) Industrial Standards Act, RSN1990 cI-4;

(o) Industrial Statistics Act, RSN1990 cI-5

(p) Larkin's Pond Reservoir Act, RSN1990 cL-7;

(q) Livestock Community Sales Act, RSN1990 cL-21;

(r) Loan and Finance Corporations Licensing Act, RSN1990 cL-24;

(s) Mobile Home Dealers Act, RSN1990 cM-17;

(t) Municipal Grants Act, RSN1990 cM-22;

(u) The Newfoundland Fisheries Board Act, RSN1952 c207;

(v) Ore-Treatment Tailings Disposal Act, RSN1990 cO-8;

(w) Petroleum Corporation Act, RSN1990 cP-9;

(x) The Reciprocal Taxation Agreement Act, SN1977 c86;

(y) The Reciprocal Taxation Agreement Act, 1981, SN1981 c77;

(z) The Reciprocal Taxation Agreement Act, 1987, SN1987 c34;

(aa) Reciprocal Taxation Agreement Act, RSN1990 cR-6;

(bb) Reciprocal Taxation Agreement Act, 1991, SN1991 c23;

(cc) Salt Fish Marketing Act, RSN1990 cS-7;

(dd) Sports Federation Act, RSN1990 cS-21;

(ee) Stamp Act, RSN1990 cS-22;

(ff) Waters Protection Act, RSN1990 cW-5; and

(gg) Welfare Institutions Act, RSN1990 cW-6.

©Earl G. Tucker, Queen's Printer