This is an official version.

Copyright 2001: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2001


Statutes of Newfoundland and Labrador 2001 Chapter 42

CHAPTER 42

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

(Assented to December 13, 2001)

Analysis

1. Short title

2. Accident and Sickness Insurance Act

3. Adoption Act

4. Adoption of Children Act

5. Child, Youth and Family Services Act

6. Children's Law Act

7. Citizens' Representative Act

8. City of St. John's Act

9. Conflict of Interest Act, 1995

10. Co-operatives Act

11. Credit Union Act

12. Environmental Assessment Act, 2000

13. Expropriation Act

14. Family Law Act

15. Fatalities Investigations Act

16. Fishing Industry Collective Bargaining Act

17. Grand Concourse Authority Act

18. Health and Community Services Act

19. House of Assembly Act

20. House of Assembly (Amendment) Act

21. Hydro Corporation Act

22. Insurance Adjusters, Agents and Brokers Act

23. Judgment Enforcement Act

24. Judicature Act

25. Jury Act, 1991

26. Lands Act

27. Legal Aid Act

28. Life Insurance Act

29. Memorial University Pensions Act

30. Municipal Financing Corporation Act

31. Pension Benefits Act, 1997

32. Pensions Funding Act

33. Provincial Court Act, 1991

34. Public Service Pensions Act, 1991

35. Public Tender Act

36. Public Trustee Act

37. Reciprocal Taxation Agreement Act, 1994

38. Residential Tenancies Act, 2000

39. Residential Tenancies Areas Designation Order and Residential Tenancies Regulations

40. Royal Newfoundland Constabulary Act, 1992

41. Shops' Closing Act

42. Solemnization of Marriage Act

43. Trustee Act

44. Unified Family Court Act

45. Reference to Newfoundland

 

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, 2001.

RSNL1990 cA-2

2. Subsection 33(3) of the Accident and Sickness Insurance Act is amended by striking out the words "Director of Child Welfare" and substituting the words "provincial director appointed under the Child, Youth and Family Services Act".

SNL1999 cA-2.1

3. Subsection 46(2) of the Adoption Act is repealed and the following substituted:

(2) An adoption order, together with the documents used in the application, shall be filed in accordance with the rules of court or in a manner approved by the judge, and 2 copies of the order certified by the judge shall be forwarded to the director, and the director shall forward one of the certified copies to the registrar general, who shall record the order and make the change in the records required by the adoption order.

RSNL1990 cA-3
as amended

4. Subsection 26(2) of the Adoption of Children Act is repealed and the following substituted:

(2) An adoption order, together with the documents used in the application, shall be filed in accordance with the rules of court or in a manner approved by the judge, and 2 copies of the order certified by the judge shall be forwarded to the director, and the director shall forward one of the certified copies to the registrar general, who shall record the order and make the change in the records required by the adoption order.

SNL1998 cC-12.1
as amended

5. Section 23 of the Child, Youth and Family Services Act is amended by adding immediately after subsection (5) the following:

(6) Notwithstanding subsection (1), a warrant is not required for the removal of a child where

(a) the child is in the care of a director under an agreement between the director and a parent of the child entered into under section 10, and the agreement expires or is repudiated by the parent, and the director or social worker believes the child is in need of protective intervention; or

(b) a parent of a child voluntarily places the child in the care of a director but refuses to enter into an agreement under section 10.

RSNL1990 cC-13
as amended

6. Subsection 40(2) of the Children's Law Act is repealed and the following substituted:

(2) A court shall not direct a person or a director of child, youth and family services under the Child, Youth and Family Services Act to supervise custody or access as mentioned in subsection (1) unless the person or director has consented to act as supervisor.

SNL2001 cC-14.1

7. The Schedule to the Citizens' Representative Act is amended

(a) by striking out the words "A health care corporation incorporated under the Hospitals Act" and substituting the words "A hospital board or authority as defined in the Hospitals Act"; and

(b) by striking out the words "A health and community board incorporated under the Hospitals Act" and substituting the words "A health and community services board incorporated under the Health and Community Services Act".

RSNL1990 cC-17
as amended

8. Paragraph 329(3)(a) of the City of St. John's Act is amended by striking out the word "purpose" and substituting the word "propose".

SNL1995 cC-30.1
as amended

9. Paragraph 14(2)(a) of the Conflict of Interest Act, 1995 is amended by deleting the words "Treasury Board" and substituting the words "Public Service Commission".

SNL1998 cC-35.1
as amended

10. (1) Subsection 101(2) of the Co-operatives Act is amended by striking out the number "130" and substituting the number "129".

(2) Subsection 106(1) of the Act is amended by striking out the number "130" and substituting the number "129".

SNL1995 cC-37.1
as amended

11. (1) Section 45 of the Credit Union Act is amended by striking out the words "as prescribed by regulation".

(2) Section 57 of the Act is repealed and the following substituted:

Insurance required

57. A credit union shall maintain those types and minimum levels of insurance and bonding coverage as may be prescribed by regulation.

(3) Subsection 134(1) of the Act is amended by striking out the words "in the form prescribed by regulation" and substituting the words "in the form set by the minister".

(4) Subsection 140(4) of the Act is amended by striking out the words "in prescribed form" and substituting the words "in the form set by the minister".

(5) Subsection 154(1) of the Act is amended by adding immediately after the words "Credit Union Central of Newfoundland and Labrador" the word "Limited".

(6) Subparagraph 199(b)(vii) of the Act is repealed and the following substituted:

(vii) a trade association,

(7) Section 205 of the Act is amended by striking out the word "central" and substituting the words "trade association".

(8) Section 221 of the Act is repealed and the following substituted:

Supervision of a trade association

221. Where the superintendent is satisfied that a trade association is carrying on its business in a manner that contravenes this Act or is financially unsound, including those situations where

(a) a trade association is unable to pay its liabilities as they become due;

(b) the realizable value of the assets of a trade association is less than the aggregate of its liabilities and the capital account of all classes of shares of a trade association;

(c) a trade association is unable to meet its obligations or manage liquidity requirements;

(d) a trade association fails to file a report or document required to be filed by this Act within the time fixed for filing by this Act;

(e) in the opinion of the superintendent a trade association has not been following sound business practices; or

(f) it has failed to comply with an order of the superintendent,

the superintendent may give notice to a trade association that it is declared to be under the supervision of a supervisor whom the superintendent shall appoint.

(9) Paragraph 223(1)(a) of the Act is amended by striking out the number and word "221 or".

(10) Paragraph 243(h) of the Act is amended by striking out the word "central" and substituting the words "trade association".

(11) Subsection 244(5) of the Act is amended by striking out the word "central" and substituting the words "trade association".

(12) Subsection 247(2) of the Act is amended by striking out the words "form and manner prescribed by regulation" and substituting the words "form and manner set by the minister".

SNL2000 cE-14.1

12. (1) Subsection 4(1) of the Environmental Assessment Act, 2000 is repealed and the following substituted:

Application of Act

4. (1) This Act applies to all undertakings carried out in the province, unless it is an undertaking or a class of undertaking exempted under the Act.

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

(4) Where, in the opinion of the minister, an environmental preview report is deficient, the minister may require the proponent to do one or more of the following:

(a) conduct further work;

(b) amend the environmental preview report; and

(c) revise and submit another environmental preview report or amendment to that report,

within the time period required by regulation.

RSNL1990 cE-19
as amended

13. (1) The Expropriation Act is amended by renumbering section 19 as subsection 19(1).

(2) Subsection 57(2) of the Act is amended by striking out the word "injuriously" and substituting the word "detrimentally".

RSNL1990 cF-2
as amended

14. Section 86 of the Family Law Act is repealed and the following substituted:

Fees

86. The Minister of Justice may set fees for the purpose and administration of this Act.

SNL1995 cF-6.1
as amended

15. Paragraph 7(c) of the Fatalities Investigations Act is repealed and the following substituted:

(c) while in the custody of a director of child, youth and family services under the Child, Youth and Family Services Act; or

RSNL1990 cF-18
as amended

16. (1) Paragraph 2(1)(o) of the Fishing Industry Collective Bargaining Act is repealed.

(2) This section is considered to have come into force on July 1, 2000.

SNL1994 cG-7

17. Section 5 of the Grand Concourse Authority Act is amended by adding immediately after paragraph (c) the following:

(c.1) to provide maintenance and management of maintenance programs for the concourse;

SNL1995 cP-37.1
as amended

18. Paragraph 4(4)(a) of the Health and Community Services Act is repealed and the following substituted:

(a) Child, Youth and Family Services Act;

RSNL1990 cH-10
as amended

19. (1) Subsection 36(1) of the House of Assembly Act is amended by striking out the words "in the form prescribed by the regulations" and substituting the words "in the form set by the minister".

(2) Section 58 of the Act is repealed.

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

SNL1993 c1

20. (1) The House of Assembly (Amendment) Act is amended by adding immediately after section 1 the following:

Commencement

2. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

(2) This section is considered to have come into force on March 25, 1993.

RSNL1990 cH-16
as amended

21. Subsection 15(1) of the Hydro Corporation Act is amended by striking out the words and numbers "For the purposes of sections 16 and 26" and substituting the words and number "For the purpose of section 26".

RSNL1990 cI-9
as amended

22. (1) Paragraph 2(u.1) of the Insurance Adjusters, Agents and Brokers Act is repealed and the following substituted:

(u.1) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(2) The Act is amended by adding immediately after section 44 the following:

Fees and forms

44.1 The minister may set fees and forms for the purpose of a provision of this Act that provides for a fee or form to be prescribed.

SNL1996 cJ-1.1
as amended

23. Subsection 16(2) of the Judgment Enforcement Act is repealed and the following substituted:

(2) Notwithstanding subsection (1) and the Proceedings Against the Crown Act, the sheriff, an employee or agent of the sheriff and a clerk, deputy clerk or other employee of the Provincial Court is not personally liable for an error or omission in respect of the discharge or purported discharge of a duty or function under this Act.

RSNL1990 cJ-4
as amended

24. (1) Subsection 5(1) of the Judicature Act is repealed and the following substituted:

Appellate jurisdiction

5. (1) Subject to the rules, an appeal lies to the Court of Appeal

(a) from an order of the Trial Division or an order of a judge of the Trial Division; and

(b) in a proceeding where jurisdiction is given to it under an Act of the Legislature or the Parliament of Canada.

(2) Section 37 of the Act is repealed.

SNL1991 c16
as amended

25. (1) Subsection 32(1) of the Jury Act, 1991 is repealed and the following substituted:

Juries in certain actions

32. (1) In actions of defamation, malicious prosecution, false imprisonment, seduction, or breach of promise of marriage, the plaintiff and the defendant may indicate in a certificate of readiness filed under the Rules of the Supreme Court, 1986 that he or she wishes the issues of fact tried by a judge with a jury.

(2) Subsection 32(3) of the Act is repealed and the following substituted:

(3) A judge may make an order for a trial with a jury in another cause or matter where a party makes a request in a certificate of readiness filed under the Rules of the Supreme Court, 1986, or in manner and at those times as the court may allow.

SNL1991 c36
as amended

26. Section 30 of the Lands Act is amended by striking out the word "property" and substituting the word "properly".

RSNL1990 cL-11
as amended

27. Section 3 of the Legal Aid Act is amended by adding immediately after subsection (4) the following:

(4.1) Where the term of office of a member of the board expires, he or she continues to be a member of the board until reappointed or replaced.

RSNL1990 cL-14
as amended

28. Subsection 52(3) of the Life Insurance Act is amended by striking out the words "Director of Child Welfare" and substituting the words "provincial director appointed under the Child, Youth and Family Services Act".

RSNL1990 cM-8
as amended

29. Subsection 17(2) of the Memorial University Pensions Act is repealed and the following substituted:

(2) When the president dies the board shall award to the surviving principal beneficiary an allowance equal to 1/2 of the pension being paid to the president at the date of the president's death or, if not retired at that date, an allowance equal to 1/2 of the pension that the president would have been entitled to if the president had been retired at the date of death.

RSNL1990 cM-21
as amended

30. The Municipal Financing Corporation Act is amended by adding immediately after section 31 the following:

Confirmation of guarantee limits

32. For the purpose of subsections 15(2) and 19(2), the total of guarantees shall be considered always to have been, and to continue to be, until a new limit is fixed by the Lieutenant-Governor in Council, the amount of $700 million, and all guarantees given and debentures issued before the coming into force of this section are considered to have been lawfully given and issued.

SNL1996 cP-4.01

31. Subsection 28(1) of the Pension Benefits Act, 1997 is amended by striking out the number "66" and substituting the number "65".

RSNL1990 cP-6
as amended

32. Section 6 of the Pensions Funding Act is repealed and the following substituted:

Investment of fund

6. The fund shall be held in trust by the minister and may be invested on the terms and conditions that the minister considers advisable in the securities and investments that conform to the investment requirements of the regulations made under section 37 of the Pension Benefits Act, 1997.

SNL1991 c15
as amended

33. (1) Subsection 16(2) of the Provincial Court Act, 1991 is repealed and the following substituted:

(2) The Lieutenant-Governor in Council shall appoint to the judicial council 5 members being

(a) a justice of the Supreme Court who shall be nominated by the Chief Justice of the Trial Division and who shall be the chairperson of the judicial council;

(b) one bencher of the Law Society of Newfoundland who shall be nominated by the benchers of the law society;

(c) 2 persons nominated by the minister; and

(d) the president of the Newfoundland Provincial Judges Association.

(2.1) The chief judge, by virtue of the office, shall be a member of the judicial council.

(2) Section 16 of the Act is amended by adding the following immediately after subsection (5):

(5.1) Where the bencher appointed under paragraph (2)(b) is unable to attend a meeting or is unable to serve as a member of the judicial council, an alternate bencher selected by the benchers of the law society may attend the meeting or serve in his or her place.

SNL1991 c12
as amended

34. Subsection 34(3) of the Public Service Pensions Act, 1991 is amended by striking out the word "Regulations" and substituting the word "Directives".

RSNL1990 cP-45
as amended

35. The Public Tender Act is amended by renumbering section 12 as subsection 12(1) and by adding immediately after that subsection the following:

(2) The Lieutenant-Governor in Council may by order add a body to the Schedule to this Act for the purpose of subparagraph 2(b)(viii).

RSNL1990 cP-46
as amended

36. (1) Paragraph 2(f) of the Public Trustee Act is repealed and the following substituted:

(f) "mentally disabled person" means a mentally disabled person as defined in the Mentally Disabled Persons' Estates Act; and

(2) Paragraph 8(2)(d) of the Act is amended by striking out the words "mentally incompetent person" and substituting the words "mentally disabled person".

SNL1994 cR-6.1

37. The Reciprocal Taxation Agreement Act, 1994 is repealed.

SNL2000 cR-14.1

38. Paragraph 46(2)(a) of the Residential Tenancies Act, 2000 is amended by striking out the number "5" and substituting the number "6".

NLR 18/96 and CNLR 1011/96

39. (1) The Residential Tenancies Areas Designation Order, 1996, Newfoundland and Labrador Regulation 18/96, is repealed.

(2) The Residential Tenancies Regulations, Consolidated Newfoundland and Labrador Regulation 1011/96, are repealed.

SNL1992 cR-17
as amended

40. (1) Subsection 5(1) of the Royal Newfoundland Constabulary Act, 1992 is repealed and the following substituted:

Oath or affirmation

5. (1) Before commencing his or her duties of office every police officer and every other person employed in the constabulary shall swear or affirm an oath or affirmation of office and secrecy as prescribed by regulation.

(2) Subsection 36(1) of the Act is amended by striking out the number "22(5)" and substituting the number "22(6)".

(3) Paragraph 60(1)(a.1) of the Act is repealed and the following substituted:

(a.1) as required under section 174 of the Highway Traffic Act, section 15 of the Child, Youth and Family Services Act, section 7 of the Fatalities Investigation Act or section 19 or 20 of the Corrections and Conditional Release Act (Canada); and

RSNL1990 cS-15
as amended

41. Subsection 4(6) of the Shops' Closing Act is repealed.

RSNL1990 cS-19
as amended

42. (1) Paragraph 19(1)(c) of the Solemnization of Marriage Act is repealed and the following substituted:

(c) a director of child, youth and family services under the Child, Youth and Family Services Act, where the party is a person in the continuous care and custody of that director,

(2) Subsection 19(2) of the Act is amended by striking out the words "committed to the permanent care and custody of the Director of Child Welfare" and substituting the words "in the continuous care and custody of the director of child, youth and family services".

(3) Subsection 19(3) of the Act is amended by striking out the words "permanent care and custody of the Director of Child Welfare in the Department of Social Services" and substituting the words "continuous care and custody of a director of child, youth and family services under the Child, Youth and Family Services Act".

RSNL1990 cT-10
as amended

43. Subsection 52(7) of the Trustee Act is repealed and the following substituted:

(7) Notwithstanding the other provisions of this Act, the compensation of the Registrar of the Supreme Court, when acting as a trustee or guardian, shall be governed by the rules of the court.

RSNL1990 cU-3
as amended

44. Subsection 6(1) of the Unified Family Court Act is repealed and the following substituted:

Jurisdiction of court

6. (1) The Unified Family Court has and may exercise the powers and duties possessed by the Supreme Court in relation to, and has and may exercise exclusive jurisdiction in relation to, proceedings in the following matters taken in the judicial area, other than by way of appeal,

(a) formation of marriage;

(b) dissolution and annulment of marriage;

(c) judicial separation and separation orders;

(d) actions and causes concerning matrimonial property including injunctions, partition and settlements;

(e) relief for family dependants on death;

(f) declarations of status including validity of marriage;

(g) entitlement to support under the Family Law Act;

(h) enforcement of support orders including reciprocal enforcements of these orders;

(i) custody and access;

(j) adoption;

(k) an offence under the Adoption of Children Act and the Child, Youth and Family Services Act;

(l) interspousal and familial torts; and

(m) those other matters that are provided by or under an Act to be within the jurisdiction of the Unified Family Court.

Reference to Newfoundland

45. (1) A regulation that contains a reference to "Newfoundland" is amended to refer to "Newfoundland and Labrador".

(2) Subsection (1) does not apply to a reference in a regulation to

(a) the Royal Newfoundland Constabulary;

(b) the Memorial University of Newfoundland, its pension plan or the foundation; or

(c) a professional or occupational group that includes the name "Newfoundland" in its title.

(3) This section is considered to have come into force on December 6, 2001.

 

 

©Earl G. Tucker, Queen's Printer