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Statutes of Newfoundland and Labrador 2006


CHAPTER 40

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

(Assented to December 12, 2006)

Analysis


        1.   Short title

        2.   Adoption Act

        3.   Attorney General Statutes Amendment Act, 2004

        4.   City of Corner Brook Act

        5.   City of Mount Pearl Act

        6.   Court Security Act

        7.   Family Violence Protection Act

        8.   Fish Inspection Act

        9.   Labour Relations Act

      10.   Lobbyist Registration Act

      11.   Members of the House of Assembly Retiring Allowances Act

      12.   Mineral Regulations

      13.   Municipalities Act, 1999

      14.   Private Training Institutions Act

      15.   Provincial Parks Regulations

      16.   Public Service Commission Act

      17.   Securities Act

      18.   Student Financial Assistance Act

      19.   Support Orders Enforcement Act, 2006

      20.   Waste Management Regulations, 2003

      21.   General 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, 2006.

SNL1999 cA-2.1
as amended

        2. (1) Subsection 5(10) of the Adoption Act is repealed and the following substituted:

           (10)  Where an adoption agency does not comply with this Act, a director may, notwithstanding a penalty that may be imposed under section 72, revoke a licence issued to that agency under this Act.

             (2)  Subsection 20(3) of the Act is repealed and the following substituted:

             (3)  A person shall

             (a)  be a resident of the province for at least 6 months; and

             (b)  have had a child placed and residing in his or her home for at least 6 months

immediately before making an application under this Act to adopt that child.

SNL2004 c47

        3. (1) Section 24 of the Attorney General Statutes Amendment Act, 2004 is repealed.

             (2)  Subsections 27(1) and (2) of the Act are repealed.

             (3)  Subsections (1) and (2) are considered to have come into force on December 16, 2004.

RSNL1990 cC-15
as amended

        4. Subsection 441(1) of the City of Corner Brook Act is repealed and the following substituted:

Prosecutions

   441. (1) Prosecutions for offences under this Act may be carried out by the council or its agents or a constable, notwithstanding section 76 of the Law Society Act, 1999.

RSNL1900 c16
as amended

        5. Subsection 441(1) of the City of Mount Pearl Act is repealed and the following substituted:

Prosecutions

   441. (1) Prosecutions for offences under this Act may be carried out by the council or its agents or a constable, notwithstanding section 76 of the Law Society Act, 1999.

SNL2004 cC-37.01

        6. (1) Subsection 6(2) of the Court Security Act is repealed and the following substituted:

             (2)  A security officer may evict a person from a court area if that person

             (a)  refuses to be screened for weapons; or

             (b)  is in possession of a weapon and is not authorized by the regulations or a security officer to possess a weapon in a court area.

             (2)  Subsection 8(3) of the Act is repealed and the following substituted:

             (3)  A person causes a disturbance within the meaning of subsection (2) where he or she

             (a)  fights, screams, shouts, swears, sings or uses insulting or obscene language;

             (b)  is impaired by alcohol or drugs;

             (c)  impedes or molests another person; or

             (d)  acts in a manner that a judge considers to be disruptive.

SNL2005 cF-3.1

        7. The Family Violence Protection Act is amended by adding immediately after section 2 the following:

Authority of judge

      2.1 Notwithstanding sections 5 and 6 of the Unified Family Court Act, an application under this Act shall be made to and heard and determined by a judge in accordance with this Act and the regulations.

RSNL1990 cF-12
as amended

        8. Subsection 9(2) of the Fish Inspection Act is repealed and the following substituted:

             (2)  A provincial court judge, who is satisfied by an information upon oath or affirmation that there are reasonable grounds for believing that there is on the premises anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act or the regulations, may issue a warrant authorizing an inspector named in the warrant to enter and seize all fish or marine plants and containers or cartons of them that are considered necessary, subject to the conditions that may be specified in the warrant.

RSNL1990 cL-1
as amended

        9. (1) Section 148 of the Labour Relations Act is repealed.

             (2)  Subsection (1) comes into force on the day the Transparency and Accountability Act comes into force.

SNL2004 cL-24.1
as amended

      10. (1) Paragraph 4(1)(q) of the Lobbyist Registration Act is repealed and the following substituted:

             (q)  those other persons or classes of persons that may be prescribed by the Lieutenant-Governor in Council by regulation.

             (2)  Paragraphs 5(4)(m) and (n) of the Act are repealed and the following substituted:

            (m)  whether the consultant lobbyist

                      (i)  has lobbied a member of the House of Assembly in the member's capacity as a member or a person on the staff of a member of the House of Assembly during the period for which the return is filed, and

                     (ii)  expects to lobby a member of the House of Assembly in the member's capacity as a member or a person on the staff of a member of the House of Assembly during the next following 6 month period;

             (n)  the techniques of communication, including grass-roots communication, that the consultant lobbyist

                      (i)  has used to lobby during the period for which the return is filed, and

                     (ii)  expects to use to lobby during the next following 6 month period; and

             (3)  Subsection 15(2) of the Act is repealed and the following substituted:

             (2)  The registrar shall notify a consultant lobbyist or senior officer of an organization that has failed to meet the obligations referred to under subsection (1) of the particulars of that failure, and if those obligations have not been met within 5 days of that notification, the registrar may then remove the return from the registry.

             (4)  Paragraph 28(3)(b) of the Act is repealed and the following substituted:

             (b)  where the commissioner has notified the consultant lobbyist or in-house lobbyist of his or her proposed action under paragraph (a) and provided that lobbyist with the opportunity to respond under that paragraph, he or she shall, where the decision is taken to proceed under subsection (1), notify the registrar in writing of the commissioner's final decision.

SNL2005 cM-6.1

      11. (1) Subsection 13(4) of the Members of the House of Assembly Retiring Allowances Act is repealed and the following substituted:

             (4)  Where a pensioner or a vested member referred to in subsection (1) dies

             (a)  leaving no surviving principal beneficiary; or

             (b)  leaving a surviving principal beneficiary who dies after that pensioner or vested member,

the survivor benefit shall be paid to or for the benefit of his or her surviving children while they are under the age of 18 years or under the age of 25 years while they are in full-time attendance at a recognized school or post-secondary institution.

             (2)  Subsection 22(5) of the Act is repealed and the following substituted:

             (5)  Where a pensioner or a vested member referred to in subsection (1) dies

             (a)  leaving no surviving principal beneficiary; or

             (b)  leaving a surviving principal beneficiary who dies after that pensioner or vested member,

1/3 of the survivor benefit shall be paid to or for the benefit of each of his or her surviving children or, where the total amount payable under this section would exceed the maximum benefit payable under this Act, the survivor benefit shall be divided equally among all of the eligible children.

             (3)  Subsections (1) and (2) are considered to have come into force on December 13, 2005.

CNLR 1143/96
as amended

      12. (1) Paragraph 2(e) of the Mineral Regulations is repealed and the following substituted:

             (e)  "department" means the department presided over by the minister;

             (2)  Subsection 13(1) of the regulations is repealed and the following substituted:

Deposit not required

      13. (1) A genuine prospector may make application electronically, in the manner provided by the recorder, for map staked licences without submitting the deposit referred to in subparagraph 8(b)(ii), but

             (a)  no more than 5 licences shall be granted to the genuine prospector in a calendar year;

             (b)  licences granted to the genuine prospector in the calendar year shall include a maximum of 30 claims; and

             (c)  the deposit referred to shall become payable in full where a transfer, except to the heir of the genuine prospector, is registered with respect to one or more of the licences.

SNL1999 cM-24
as amended

      13. Subsection 421(1) of the Municipalities Act, 1999 is repealed and the following substituted:

Prosecutions

   421. (1) Prosecutions for offences under this Act may be carried out by a council or a local service district committee or its agent or a peace officer, notwithstanding section 76 of the Law Society Act, 1999.

RSNL1990 cP-25
as amended

      14. Section 19 of the Private Training Institutions Act is amended by adding immediately after subsection (2) the following:

             (3)  Regulations made under this section may confer powers or impose duties on the minister with respect to matters dealt with in those regulations.

NLR 91/97
as amended

      15. Paragraph 2(i) of the Provincial Parks Regulations is repealed and the following substituted:

              (i)  "structure" means a constructed or fabricated object intended to be permanent or semi permanent in nature and includes a

                      (i)  house,

                     (ii)  cottage,

                    (iii)  cabin,

                    (iv)  wharf,

                     (v)  dock,

                    (vi)  boathouse,

                   (vii)  slipway,

                  (viii)  trailer,

                    (ix)  mobile home,

                     (x)  tent,

                    (xi)  tent platform, and

                   (xii)  recreational vehicle used for any purpose, including a motor vehicle; and

RSNL1990 cP-43
as amended

      16. Subsection 3(1) of the Public Service Commission Act is repealed and the following substituted:

Application of Act

        3. (1) This Act applies to

             (a)  those portions of the public service of the province specified in Schedule A to this Act;

             (b)  a body or agency considered to be a portion of the public service of the province for the purposes of this Act and added to that Schedule under this section; and

             (c)  the House of Assembly establishment and the statutory offices of the House of Assembly.

RSNL1990 cS-13
as amended

      17. Subsections 73(20) and (21) of the Securities Act are amended by striking out the word "insurer" wherever it occurs and substituting the word "issuer".

SNL2002 cS-29.01
as amended

      18. (1) Subsection 15(2) of the Student Financial Assistance Act is repealed.

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

             (3)  Regulations made under this section may confer powers or impose duties on the minister with respect to matters dealt with in those regulations.

             (3)  Section 17.1 of the Act is amended by renumbering it as subsection 17.1(1) and by adding immediately after that subsection the following:

             (2)  Subsection (1) applies to a loan entered into on or before April 1, 2004 and purchased by the corporation after that date as if it had been assigned to the corporation on or before that date.

SNL2006 cS-31.1

      19. (1) The Support Orders Enforcement Act, 2006 is amended by adding immediately after section 86 the following:

RSNL1990 cS-31
Rep.

   86.1 The Support Orders Enforcement Act is repealed.

             (2)  Subsection (1) comes into force on the day the Support Orders Enforcement Act, 2006 comes into force.

NLR 59/03
as amended

      20. Subsection 23(5) of the Waste Management Regulations, 2003 is repealed and the following substituted:

             (5)  Notwithstanding paragraph 21(1)(i), this section shall apply to a tire or used tire from a vehicle referred to in subparagraphs (iii) and (iv) of that paragraph.

General Amdt.

      21. Where, in an Act, a provision defines the word "minister" by reference to a department of the government, it is repealed and the following substituted:

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