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Statutes of Newfoundland and Labrador 2013


CHAPTER 13

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

(Assented to December 10, 2013)

Analysis


        1.   Short title

        2.   Change of Name Act, 2009

        3.   Elections Act, 1991

        4.   Financial Administration Act

        5.   Forestry Act

        6.   Highway Traffic Act

        7.   Mental Health Care and Treatment Act

        8.   Mortgage Brokers Act

        9.   Public Service Collective Bargaining Act

      10.   Public Trustee Act, 2009

      11.   Securities Act

      12.   Repeal


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, 2013.

SNL2009 cC-8.1
as amended

        2. (1) Section 7 of the Change of Name Act, 2009 is repealed and the following substituted:

Custody of child - consent required

        7. (1) Where a custody order has been made in respect of a child, an application to change the name of the child may be made by

             (a)  a manager of Child, Youth and Family Services where there is a continuous custody order;

             (b)  a manager of Child, Youth and Family Services with the consent of the parents where there is a temporary custody order; or

             (c)  where the custody of a child is given to a third party, that party, with the consent of the parents.

             (2)  Notwithstanding paragraphs (1)(b) and (c), the registrar general may dispense with the consent required under those paragraphs upon satisfactory proof that both parents of the child are deceased.

             (3)  Notwithstanding paragraphs (1)(b) and (c) and subsection (2), where one parent of the child is living, the consent of that parent is required.

             (2)  This section is considered to have come into force on June 30, 2011.

SNL1992 cE-3.1
as amended

        3. (1) Section 8 of the Elections Act, 1991 is amended by deleting the reference "Oaths Act" and substituting the reference "Oaths of Office Act".

             (2)  This section shall not affect the validity of an oath administered and taken before this section comes into force.

RSNL1990 cF-8
as amended

        4. Subsection 20(5) of the Financial Administration Act is repealed and the following substituted:

             (5)  The comptroller general holds office during good behaviour but is removable by the Lieutenant Governor on address of the House of Assembly.

RSNL1990 cF-23
as amended

        5. Section 13.1 of the Forestry Act is repealed.

RSNL1990 cH-3
as amended

        6. Subsection 143(3) of the Highway Traffic Act is repealed and the following substituted:

             (3)  A driver who commits a breach of this section is guilty of an offence and liable on summary conviction to a fine prescribed in the Schedule.

SNL2006 cM-9.1
as amended

        7. (1) Section 8 of the Mental Health Care and Treatment Act is amended by deleting the words "Lieutenant-Governor" and substituting the words "Lieutenant-Governor in Council".

             (2)  Paragraph 72(1)(a) of the Act is amended by deleting the reference "subparagraphs 17(2)(b)(i) and (ii)" and substituting the reference "subparagraphs 17(1)(b)(i) and (ii)".

RSNL1990 sM-18
as amended

        8. Section 9 of the Mortgage Brokers Act is repealed and the following substituted:

Limitation of liability of borrower

        9. A borrower is not liable to pay a mortgage lender or mortgage broker an amount that exceeds that set out in the disclosure statement required under the Consumer Protection and Business Practices Act and regulations.

RSNL1990 cP-42
as amended

        9. (1) Subparagraph 43.2(5)(b)(v) of the Public Service Collective Bargaining Act is amended by deleting the words "of that section".

             (2)  Paragraph 44(1)(c) of the Act is repealed and the following substituted:

             (c)  one or more employee organizations has applied to be certified as a bargaining agent for those employees; or

             (3)  Subsection 44(2) of the Act is amended by deleting the words "trade union or council of trade unions" and substituting the words "employee organization".

             (4)  Paragraph 44(3)(g) of the Act is repealed and the following substituted:

             (g)  declare which employee organization shall be the bargaining agent for the employees; and

SNL2009 cP-46.1
as amended

      10. Section 24 of the Public Trustee Act, 2009 is amended by deleting the words "establish fees and".

RSNL1990 cS-13
as amended

      11. Subsection 14(5) of the Securities Act is amended by deleting the words "and probable".

Repeal

      12. (1) The following Acts are repealed:

             (a)  Law Reform Commission Act Repeal Act, SNL2011 c8;

             (b)  Regulatory Reform Act Repeal Act, SNL2011 c11; and

             (c)  Subordinate Legislation Revision and Consolidation Act Repeal Act, SNL2011 c12.

             (2)  The following proclamations bringing Acts into force are repealed:

             (a)  Newfoundland and Labrador Regulation 109/10;

             (b)  Newfoundland and Labrador Regulation 11/11;

             (c)  Newfoundland and Labrador Regulation 34/11;

             (d)  Newfoundland and Labrador Regulation 37/11;

             (e)  Newfoundland and Labrador Regulation 44/11;

              (f)  Newfoundland and Labrador Regulation 54/11;

             (g)  Newfoundland and Labrador Regulation 55/11;

             (h)  Newfoundland and Labrador Regulation 56/11;

              (i)  Newfoundland and Labrador Regulation 79/11;

              (j)  Newfoundland and Labrador Regulation 81/11;

            (k)  Newfoundland and Labrador Regulation 1/12;

              (l)  Newfoundland and Labrador Regulation 25/12;

            (m)  Newfoundland and Labrador Regulation 32/12; and

             (n)  Newfoundland and Labrador Regulation 82/12.

             (3)  The Proclamation Dissolving the Forty-Sixth General Assembly, Newfoundland and Labrador Regulation 89/11, is repealed.

             (4)  The Consumer Protection Regulations, published under the Consumer Protection Act, Consolidated Newfoundland and Labrador Regulation 773/96, are repealed.

             (5)  The Proclamation providing for the Holding of a General Election, published under the Elections Act, 1991, Newfoundland and Labrador Regulation 90/11, is repealed.

             (6)  The following items published under the Elections Act, 1991 and the House of Assembly Act are repealed:

             (a)  Proclamation re: By-Election, Electoral District of Conception Bay East - Bell Island, Newfoundland and Labrador Regulation 99/10; and

             (b)  Proclamation re: By-Election for the Electoral District of Humber West, Newfoundland and Labrador Regulation 7/11.

             (7)  The Designation of Inspectors Order Repeal Order, published under the Heritage Animals Act, Newfoundland and Labrador Regulation 42/12, is repealed.

             (8)  The Law Society Fees Order, published under the Law Society Act, Consolidated Newfoundland and Labrador Regulation 1112/96, is repealed.

             (9)  The Dismissal of the Town Council of Avondale, Comprised of one Remaining Member, Deputy Mayor, Bernard Hickey, and the Appointment of an Interim Official Administrator for the Town of Avondale Order, published under the Municipal Affairs Act, Newfoundland and Labrador Regulation 65/07, is repealed.

          (10)  The General Election Deferral Order, 2010, Newfoundland and Labrador Regulation 18/10, published under the Municipal Elections Act is repealed.

          (11)  The Town of Fogo Island Election Order, Newfoundland and Labrador Regulation 4/11, published under the Municipal Elections Act and the Municipalities Act, 1999, is repealed.

          (12)  The Meeting Regarding the Election of the Local Service District Committee of Buchans Junction Order, published under the Municipalities Act, 1999 and the Local Service District Regulation, Newfoundland and Labrador Regulation 65/12, is repealed.

          (13)  The Subordinate Legislation Exemption Order, published under the Subordinate Legislation Revision and Consolidation Act, Newfoundland and Labrador Regulation 11/97, is repealed.

          (14)  The following items published under the Water Resources Act are repealed:

             (a)  Repeal of Notice of Protected Water Supply Area, Newfoundland and Labrador Regulation 26/11;

             (b)  Repeal of Notice of Protected Watershed Area of South Pond, Newfoundland and Labrador Regulation 29/12;

             (c)  Repeal of Notice of Protected Water Supply Area, Newfoundland and Labrador Regulation 57/12;

             (d)  Repeal of Notice of Protected Water Supply Area, Newfoundland and Labrador Regulation 58/12; and

             (e)  Repeal of Notice of Protected Watershed Area, Newfoundland and Labrador Regulation 83/12.

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