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Statutes of Newfoundland and Labrador 2004


Statutes of Newfoundland and Labrador 2004 Chapter 47

CHAPTER 47

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

(Assented to December 16, 2004)

Analysis

1. Short title

2. Access to Information and Protection of Privacy Act

3. Adoption Act

4. Agreement on Internal Trade Amendment Act

5. Change of Name Act

6. Childrenís Law Act

7. City of Corner Brook Act

8. City of Mount Pearl Act

9. City of St. Johnís Act

10. Class Actions Act

11. Condominium Act

12. Crop Insurance Act

13. Elections Act, 1991

14. Evacuated Communities Act

15. Family Law Act

16. Fatalities Investigations Act

17. Health and Post Secondary Education Tax Act

18. House of Assembly Act

19. Income and Employment Support Act

20. Income Tax Act, 2000

21. Industries Act

22. Labour Standards Act

23. Massage Therapy Act

24. Mining and Mineral Rights Tax Act, 2002

25. Municipalities Act, 1999

26. Neglected Adults Welfare Act

27. Occupational Health and Safety Act

28. Optometry Act, 2004

29. Pension Benefits Act, 1997

30. Private Training Institutions Act

31. Public Employees Act

32. Research Council Act

33. Statutes and Subordinate Legislation Act

34. Teachersí Pensions Act

34. Urban and Rural Planning Act, 2000

36. Vital Statistics Act

37. Wild Life Act

38. Young Persons Offences Act

39. CNLR 750/96 Amdt.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


Short title

1. This Act may be cited as the Attorney General Statutes Amendment Act, 2004.

SNL2002 cA-1.1
as amended

2. Paragraph 73(o) of the Access to Information and Protection of Privacy Act is amended by deleting the number, brackets and letter "2(o)" and substituting the number, brackets and letter "2(p)".

SNL1999 cA-2.1
as amended

3. (1) Paragraph 2(b) of the Adoption Act is amended by deleting the numbers and brackets "51(2)" and substituting the numbers and brackets "51(3)".

(2) Subsection 48(3) of the Act is amended by deleting the word "no-contract" wherever it occurs and substituting the word "no-contact".

SNL1995 cA-5.1

4. (1) Section 15 of the Agreement on Internal Trade Amendment Act is repealed.

(2) Subsection (1) shall be considered to have come into force on May 31, 1995.

RSNL1990 cC-8
as amended

5. Paragraph 2(d) of the Change of Name Act is repealed and the following is substituted:

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

RSNL1990 cC-13
as amended

6. Subsection 81(2) of the Childrenís Law Act is repealed and the following substituted:

(2) There is no appeal from an order or decision of the Trial Division with respect to an appeal from an order or decision of a Provincial Court judge made under paragraph (1)(b) except by leave of the Court of Appeal.

RSNL1990 cC-15 as amended

7. (1) Subsection 14(1) of the City of Corner Brook Act is amended by deleting the words and comma "Subject to the approval of the Lieutenant-Governor in Council, the" and substituting the word "The".

(2) Section 280.4 of the Act is repealed and the following substituted:

Employee designation

280.4 The council may designate an employee or a class of employees who may issue a

(a) violation notice under section 280.1; and

(b) summons under section 280.2.

RSNL1990 cC-16 as amended

8. (1) Subsection 14(1) of the City of Mount Pearl Act is amended by deleting the words and comma "Subject to the approval of the Lieutenant-Governor in Council, the" and substituting the word "The".

(2) Section 280.4 of the Act is repealed and the following substituted:

Employee designation

280.4 The council may designate an employee or a class of employees who may issue a

(a) violation notice under section 280.1; and

(b) summons under section 280.2.

RSNL1990 cC-17 as amended

9. (1) The City of St. Johnís Act is amended by adding immediately after section 5 the following:

Wards

5.1 (1) The council may, by by-law carried by a 2/3 majority vote of the council, divide the city into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward.

(2) Subject to section 5, where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large.

(2) Section 57 of the Act is amended by adding immediately before the word "shall" the word "there".

(3) Section 403.4 of the Act is repealed and the following substituted:

Employee designation

403.4 The council may designate an employee or a class of employees who may issue a

(a) violation notice under section 403.1; and

(b) summons under section 403.2.

(4) Subsection (1) shall be considered to have come into force on July 1, 2001.

SNL2001 cC-18.1

10. Subparagraph 2(b)(ii) of the Class Actions Act is amended by adding immediately after the word "arise" the words "from common but not necessarily identical facts".

RSNL1990 cC-29 as amended

11. Subsection 15(2) of the Condominium Act is amended by adding immediately after the word "due" the word "by".

RSNL1990 cC-39
as amended

12. (1) Subsection 10.1(1) of the Crop Insurance Act is amended by striking out the word "board" and substituting the word "agency".

(2) Subsection 10.1(2) of the Act is amended by striking out the words "chairperson of the board" and substituting the words "chairperson of the agency".

(3) Subsection 10.1(3) of the Act is amended by striking out the words "The chairperson of the board" and substituting the words "The chairperson of the agency".

(4) Subsection 10.2(1) of the Act is amended by striking out the words "the chairperson of the board" and substituting the words "the chairperson of the agency".

SNL1992 cE-3.1
as amended

13. (1) Subsection 57(1) of the Elections Act, 1991 is amended by deleting the words "in Council".

(2) Subsection 335 of the Act is amended by deleting the words "Lieutenant-Governor in Council" and substituting the words "Commission of Internal Economy of the House of Assembly".

RSNL1990 cE-15

14. Paragraph 2(a) of the Evacuated Communities Act is repealed and the following substituted:

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

RSNL1990 cF-2
as amended

15. Section 64 of the Family Law Act is amended by striking out the words "outside of marriage".

SNL1995 cF-6.1
as amended

16. (1) Paragraph 2(l) of the Fatalities Investigations Act is repealed and the following substituted:

(l) public inquiry means an inquiry conducted under Part IV of the Provincial Offences Act;

(2) Section 26 of the Act is amended by striking out the words and number "Part III of the Summary Proceedings Act" and substituting the words and number "Part IV of the Provincial Offences Act".

RSNL1990 cH-1
as amended

17. Subsection 10(3) of the Health and Post-Secondary Education Tax Act is amended by deleting the word "lessor" and substituting the word "lesser".

RSNL1990 cH-10
as amended

18. (1) Section 20 of the House of Assembly Act is amended by renumbering paragraph (a.1) as paragraph (a.2) and by adding immediately after paragraph (a) the following:

(a.1) "commissioner" means the Commissioner of Membersí Interests referred to in section 34;

(2) Subsection 36(1) of the Act is repealed and the following substituted:

Disclosure statement

36. (1) Every elected member and appointed minister shall,

(a) within 60 days of his or her election or appointment; and

(b) before the second April 1 occurring after the date of his or her election or appointment; and

(c) before each April 1 subsequent to the date referred to in paragraph (b),

file with the commissioner a disclosure statement in the form set by the commissioner.

(3) Subsection (2) shall be considered to have come into force on October 21, 2003.

SNL2000 cI-0.1

19. Subsection 17(6) of the Income and Employment Support Act is amended by striking out the numbers, brackets and word "(4) or (5)" and substituting the numbers, brackets and word "(3) or (4)".

SNL2000 cI-1.1
as amended

20. (1) Section 19 of the Income Tax Act, 2000 is amended by deleting the phrase "Where tax is payable under section 30 for the preceding year, there" and substituting the word "There".

(2) Subsection (1) shall be considered to have come into force on December 14, 2000.

RSNL1990 cI-6
Rep.

21. The Industries Act is repealed.

RSNL1990 cL-2
as amended

22. (1) Subsection 22(3) of the Labour Standards Act is amended by

(a) deleting the words, brackets and letter "paragraphs (a) and" and substituting the word "paragraph"; and

(b) deleting the words "these paragraphs apply" and substituting the words "that paragraph applies".

(2) Section 22 of the Act is amended by adding immediately after subsection (4) the following:

(5) The minister may exempt an employer from the application of subsection (1) and may vary or revoke that exemption.

SNL2001 cM-1.1

23. (1) Subsection 9(3) of the Massage Therapy Act is repealed and the following substituted:

(3) Notwithstanding subsections (1) and (2) and paragraph 8(2)(b), where a person

(a) has practised massage therapy in the province for not fewer than 7 years immediately before the coming into force of this Act; and

(b) while practising massage therapy in the province, has been a member of the association; and

(c) has completed courses of instruction and has practical experience that the board considers to be equivalent to the requirements of paragraph 8(2)(b),

the board may register that person as a massage therapist and issue a licence to practise massage therapy to him or her.

(2) Subsection (1) shall be considered to have come into force on June 1, 2002.

SNL2002 cM-16.1

24. Subsection 19(1) of the Mining and Mineral Rights Tax Act, 2002 is amended by deleting the words "or justice of the peace".

SNL1999 cM-24
as amended

25. (1) Section 126(3) of the Municipalities Act, 1999 is repealed and the following substituted:

(3) For the purpose of this section and section 127, the rules for determining the residency of a person under section 24 of the Municipal Elections Act shall apply to the determination of whether or not a person is ordinarily resident or non- resident in a municipality.

(2) Section 421.4 of the Act is repealed and the following substituted:

Employee designation

421.4 A council may designate an employee or a class of employees who may issue a

(a) violation notice under section 421.1; and

(b) summons under section 421.2.

26. (1) Paragraph 2(b) of the Neglected Adults Welfare Act is repealed and the following substituted:

(b) "court", unless otherwise is specified, means the Provincial Court of Newfoundland and Labrador or the Unified Family Court;

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

(g) "judge", unless otherwise is specified, means a provincial court judge or a judge of the Trial Division while assigned to the Unified Family Court;

RSNL1990 cO-3
as amended

27. (1) Subsection 36.1(2) of the Occupational Health and Safety Act is amended by deleting the words "or the worker health and safety representative".

(2) Subsection 36.1(4) of the Act is amended by deleting the words and comma "the worker health and safety representative,".

(3) Subsection 41(3) of the Act is amended by deleting the brackets and figure "(1)" and substituting the brackets and figure "(2)".

SNL2004 cO-7.01

28. The Optometry Act, 2004 is amended by adding immediately after paragraph 47(d) the following:

(d.1) providing for persons to discharge the duties of checking the visual acuity of a person;

SNL1996 cP-4.01 as amended

29. Section 65 of the Pension Benefits Act, 1997 is amended by deleting the words, numbers, brackets and letters "paragraph 40(1)(b) or (2)(b)" and substituting the words, numbers, brackets and letters "subparagraph 40(1)(a)(ii) or (2)(a)(ii)".

RSNL1990 cP-25
as amended

30. (1) Section 4 of the Private Training Institutions Act is amended by adding immediately after subsection (5) the following:

(5.1) A member of the board of directors appointed under this section whose term of office has expired shall continue to be a member of the board until he or she is reappointed or replaced and his or her decisions and actions as a director shall be considered to be valid.

(2) Subsection (1) shall be considered to have come into force on January 1, 1999.

RSNL1990 cP-36
as amended

31. (1) Section 9 of the Public Employees Act is amended by deleting the words "Public Employees Act" and substituting the words "Civil Service Act".

(2) Subsection (1) shall be considered to have come into force on December 23, 1992.

RSNL1990 cR-13
as amended

32. Paragraph 2(e) of the Research Council Act is repealed and the following substituted"

(e) "minister" means the minister appointed under the Executive Council Act to administer this Act.

RSNL1990 cS-27
as amended

33. (1) Subsection 14(2) of the Statutes and Subordinate Legislation Act is amended by deleting the words and periods "Nfld. and Lab. Reg." and substituting the letters "NLR".

(2) Section 16 of the Act is repealed.

(3) Sections 19, 20, 21 and 22 of the Act are amended by deleting the word "senior" wherever it occurs and substituting the word "chief".

SNL1991 c17
as amended

34. Subsection 27(5) of the Teachersí Pensions Act is amended by adding immediately after the word "sister" a comma and the word "child".

SNL2000 cU-8
as amended

35. Section 39.4 of the Urban and Rural Planning Act, 2000 is repealed and the following substituted:

Employee designation

39.4 A council may designate an employee or a class of employees who may issue a

(a) violation notice under section 39.1; and

(b) summons under section 39.2.

RSNL1990 cV-6
as amended

36. Subsection 13(1) of the Vital Statistics Act is amended by striking out the words "Investigation of Fatalities Act" and substituting the words "Fatalities Investigations Act".

RSNL1990 cW-8
as amended

37. Subsections 15(5) and (6) of the Wild Life Act is amended by deleting the number "737" and substituting the number "731".

RSNL1990 cY-1

38. (1) The Young Persons Offences Act is amended by deleting the word "pre-disposition" wherever it occurs and substituting the word "pre-sentence".

(2) The Act is amended by deleting the words "youth court" wherever they occur and substituting the words "youth justice court".

(3) Paragraph 3(1)(e) of the Act is amended by deleting the words and comma "or in the Canadian Bill of Rights,".

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

Extrajudicial sanctions

4. (1) Extrajudicial sanctions may be used to deal with a young person alleged to have committed an offence instead of judicial proceedings under this Act only where

(a) the sanctions are part of a program of extrajudicial sanctions authorized by the Attorney General or a delegate of the Attorney General or authorized by a person, or a person within a class of persons, designated by the Lieutenant-Governor in Council;

(b) the person who is considering whether to use those sanctions is satisfied that they would be appropriate, having regard to the needs of the young person and the interests of society;

(c) the young person, having been informed of the extrajudicial sanctions, fully and freely consents to participate in them;

(d) the young person has, before consenting to participate in the extrajudicial sanctions, been advised of the right to be represented by counsel and been given a reasonable opportunity to consult with counsel;

(e) the young person accepts responsibility for the act or omission that forms the basis of the offence that the young person is alleged to have committed;

(f) there is, in the opinion of the Attorney General or the agent of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and

(g) the prosecution of the offence is not barred at law.

(2) Extrajudicial sanctions shall not be used to deal with a young person alleged to have committed an offence where the young person

(a) denies participation or involvement in the commission of the offence; or

(b) expresses a wish to have a charge dealt with by the youth court.

(3) An admission, confession or statement accepting responsibility for a given act or omission made by a young person alleged to have committed an offence as a condition of being dealt with by extrajudicial sanctions shall not be admissible in evidence against the young person in civil or criminal proceedings.

(4) Notwithstanding subsection (5), the use of extrajudicial sanctions in respect of a young person alleged to have committed an offence is not a bar to proceedings against the young person under this Act, but

(a) where the youth justice court is satisfied on a balance of probabilities that the young person has totally complied with the terms and conditions of the extrajudicial sanctions, the youth justice court shall dismiss a charge against the young person; and

(b) where the youth justice court is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the extrajudicial sanctions, the youth justice court may dismiss a charge against the young person where, in the opinion of the court, the prosecution of the charge would, having regard to the circumstances, be unfair, and the youth justice court may consider the young person's performance with respect to the extrajudicial sanctions before making a disposition under this Act.

(5) Nothing in this section shall be construed to prevent a person from laying an information, obtaining the issue or confirmation of a process or proceeding with the prosecution of an offence in accordance with law.

(5) Subsection 6(1) of the Act is amended by deleting the words "Summary Proceedings Act" and substituting the words "Provincial Offences Act".

(6) Subsection 8(9) of the Act is amended by deleting the words "under the Highway Traffic Act" and substituting the words "that can be dealt with by a summary offence ticket".

(7) Subsection 9(1) of the Act is amended by deleting the word "information" wherever it occurs and substituting the word "Information".

CNLR 750/96 Amdt.

39. Paragraph 3(e) of the Corporations Regulations is amended by striking out the number "16" and substituting the number "60".

 

 

 

 

 

 

 

 

 

 

 

 

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