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RSNL1990 CHAPTER P-15

PIPPY PARK COMMISSION ACT

Amended:

1994 c32; 1996 cR-10.1 s54; 2000 c5; 2001 cN-3.1 s2; 2005 c45; 2008 cF-11.01 s41

CHAPTER P-15

AN ACT RESPECTING THE C. A. PIPPY PARK COMMISSION

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Commission

       
4.   Appointment

       
5.   Chairperson

       
6.   Remuneration of members

       
7.   Meetings

       
8.   Chairperson to preside

       
9.   Use of seal

     
10.   Status of commission

     
11.   Actions

     
12.   Executive director

     
13.   Appointment of staff

     
14.   Members not to contract with commission

     
15.   Financial year

     
16.   Budget to be submitted

     
17.   Approval of budget

     
18.   Revised budget

     
19.   Rep. by 2005 c45 s8

     
20.   Rep. by 2005 c45 s9

     
21.   Rep. by 2005 c45 s9

     
22.   Rep. by 2005 c45 s10

     
23.   Audit of accounts

     
24.   Non-application of Public Utilities Act

     
25.   Powers of commission

     
26.   Exercise of powers

   
26.1   Master plan

     
27.   Power to make regulations

     
28.   Area of C.A. Pippy Park

     
29.   Rep. by 2005 c45 s16

     
30.   Rep. by 2005 c45 s16

     
31.   Approval of improvements

     
32.   Rep. by 2005 c45 s18

     
33.   Rep. by 2005 c45 s18

     
34.   Restriction on construction of a building

     
35.   Rep. by 2005 c45 s20

     
36.   Rep. by 2005 c45 s20

     
37.   Restriction on improvements

     
38.   Remedies

     
39.   Performance by commission

     
40.   Rep. by 2005 c45 s22

     
41.   Payment for landscape construction

     
42.   Reimbursement

     
43.   Payment for landscape maintenance

     
44.   Schedule of rates

     
45.   Approval of commission

     
46.   Rep. by 2005 c45 s24

     
47.   Service facility

     
48.   Service facility on commission land

     
49.   Service maintenance

     
50.   Service maintenance on commission land

     
51.   Control by commission

     
52.   Amount of expenses

     
53.   Instruments invalid without consent of commission

     
54.   Acquisition of land

   
54.1   Right of first refusal

   
54.2   Disposition of land by the commission

     
55.   Endorsement on registered documents

     
56.   Rep. by 2005 c45 s31

     
57.   Rep. by 2005 c45 s31

     
58.   Rep. by 2005 c45 s31

     
59.   Rep. by 2005 c45 s31

     
60.   Grant of funds

     
61.   Rep. by 2005 c45 s32

     
62.   Interest

     
63.   Participating parties

     
64.   Exemption of members, officers and employees of commission from liability

     
65.   Rep. by 2005 c45 s34

     
66.   Fire protection and law enforcement

   
66.1   Powers and protection of enforcement officers

   
66.2   Penalties

     
67.   Exemption from taxation

     
68.   Rep. by 2005 c45 s37

     
69.   Evidence of resolution

     
70.   Crown bound by this Act

     
71.   Act prevails


Short title

        1. This Act may be cited as thePippy Park Commission Act.

RSN1970 c298 s1

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Definitions

        2. In this Act

             (a)  "association of land owners and residents" includes the Pippy Park Land Owners and Residents Association or any similar successor association;

          (a.1)  "auditor general" means the Auditor General of Newfoundland and Labrador ;

             (b)  "boat" includes a vessel used or designated to be used in navigation or fresh water, and "boating" has a corresponding meaning;

             (c)  "C.A. Pippy Park " means the area of land referred to in section 28;

             (d)  "chairperson" means the chairperson of the commission;

             (e)  "city" means the City of St. John's incorporated by the City of St. John's Act;

              (f)  "city land" means land within C.A. Pippy Park owned by the city;

             (g)  "commission" means the C.A. Pippy Park Commission;

             (h)  "commission land" means land within the C.A. Pippy Park owned by the Crown and administered by the commission under this Act;

              (i)  [Rep. by 2005 c45 s1]

              (j)  [Rep. by 2005 c45 s1]

             (k)  "financial year" means the period beginning on April 1 in a calendar year and ending on March 31 in the next calendar year;

              (l)  "government" means the Lieutenant-Governor in Council;

            (m)  "government land" means land within the C.A. Pippy Park owned by the Crown;

             (n)  "improvement" means a building, structure or service facility constructed within the C.A. Pippy Park or a landscape construction within the C.A. Pippy Park, or an alteration or addition, the total value of which exceeds $1,000 in a period of 12 months, but does not include the ordinary care, maintenance and repair of a building, structure or service facility or of landscape construction;

             (o)  "instrument" means a map, plan, conveyance, transfer, mortgage or other written document relating to or affecting the transfer of or dealing with land;

             (p)  [Rep. by 2005 c45 s1]

             (q)  "landscape construction" means a clearing, breaking, grading, fertilizing or cultivation of an area or the construction of an outdoor ground surface for games or athletics or the establishment there of trees, shrubs, flowers, grass or other forms of vegetative growth or outdoor furniture, including seating of a type suitable for a garden or park but not for an audience or assembly of spectators, or functional or aesthetic features contributing to the general landscape design of the area, and includes the provision of those machines, equipment and tools that, in the opinion of the commission, are necessary;

              (r)  "landscape maintenance" means the sustaining of landscape construction and includes the provision of the machines, equipment and tools that, in the opinion of the commission, are necessary;

             (s)  "master plan" means the plan respecting the C.A. Pippy Park that is filed in the office of the commission and designated by the commission as the "master plan";

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

             (u)  "participating party" means the government, the city or the university;

             (v)  "person" includes a corporation and the executors, administrators or other legal representatives of a person, but does not include a participating party;

            (w)  "planning advisor" means the planning advisor appointed under section 29;

             (x)  "private land" means land within the C.A. Pippy Park owned by a person;

             (y)  "property" means real or personal property or an interest in either;

             (z)  "public land" means land within the C.A. Pippy Park owned by the Crown, the city or the university;

           (aa)  "schedule of rates" means the schedule of rates referred to in section 44;

          (bb)  "service facility" means anything by means of which water, light, power, communication or gas is supplied, or a sewer or sewage system, or other facility that in the opinion of the commission is necessary for the purpose of the C.A. Pippy Park, and includes a road, curb, bridge, sidewalk and parking lot and outdoor seating of a type suitable for an audience or assembly of spectators and also includes a building that is 1 of, or a combination of 2 or more of, the following kinds, but does not include another building, namely: headquarters building for the commission, public bathroom, toilet, shower, changing room, rest-room shelter, storage-building, pumphouse, greenhouse, machine-house and a building that, in the opinion of the commission, will be incidental to a park or used in connection with the operation of a park;

           (cc)  "service maintenance" means the maintenance of a service facility and includes snow removal and garbage disposal and the provision of the machines, equipment and tools that, in the opinion of the commission, may be necessary;

          (dd)  "university" means the Memorial University of Newfoundland constituted by theMemorial University Act;

           (ee)  "university land" means land within the C.A. Pippy Park owned by the university; and

            (ff)  "vehicle" means all motorized vehicles designed and constructed for travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including four-wheel drive or low-pressure-tire vehicles, low-pressure-tire motorcycles and related two-wheel vehicles, snowmobiles, amphibious machines, ground effect or air-cushioned vehicles.

RSN1970 c298 s2; 1973 No30 Sch; 1989 c33 Sch B; 1994 c32 s1; 2000 c5 s1; 2001 cN-3.1 s2; 2005 c45 s1

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Commission

        3. The C.A. Pippy Park Commission is continued as a corporation.

RSN1970 c298 s4

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Appointment

        4. (1) The membership of the commission shall consist of 8 members,

             (a)  6 members who shall hold office during pleasure, to be appointed by the Lieutenant-Governor in Council, one of whom shall be appointed after consultation with the C.A. Pippy family and one of whom may be appointed after consultation with an association of landowners and residents provided that an association exists at the time of the appointment;

             (b)  1 member to be appointed by the city; and

             (c)  1 member to be appointed by the Board of Regents of the university,

and the period of appointment of a member shall be specified by the Lieutenant-Governor in Council, the city or the Board of Regents of the university.

             (2)  A member of the commission may be appointed for a term not exceeding 3 years and shall be eligible for appointment for a 2nd term not exceeding 3 years, but, after having been appointed for 2 successive terms, irrespective of their duration, he or she shall not be eligible for reappointment for a term beginning before the end of 1 year after the end of the 2nd term.

             (3)  Notwithstanding subsection (2), an appointment may be terminated by the participating party that made the appointment, or by the written and signed resignation of the member appointed, and, where a member resigns, the resignation shall take effect upon the chairperson or secretary of the commission receiving it, unless a later time is specified for the purpose in the written resignation, in which case the resignation shall take effect at the time specified.

             (4)  Where a vacancy in a participating party's representation on the commission occurs, the participating party may appoint another person to fill the vacancy.

             (5)  The exercise of the powers of the commission shall not be impaired because of a vacancy in its membership.

RSN1970 c298 s5; 2000 c5 s2

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Chairperson

        5. (1) The Lieutenant-Governor in Council shall designate 1 of the members of the commission to be chairperson and another to be vice-chairperson of the commission, and the members of the commission shall appoint a secretary and a treasurer who may be, but it is not necessary that they are, members of the commission.

             (2)  During the incapacity or absence of the chairperson or where the office of chairperson is vacant, the vice-chairperson has and may exercise the powers of the chairperson and shall discharge his or her duties.

             (3)  [Rep. 2005 c45 s2]

             (4)  Notwithstanding the City of St. John's Act, where a member of the St. John's Municipal Council is or becomes a member of the commission he or she does not, by reason only of the appointment and acceptance of remuneration or other payment under section 6 as a member of the commission, become disqualified from being a member of or voting in the St. John's Municipal Council.

             (5)  The number of members of the commission that may be fixed by the commission shall constitute a quorum, and, until the commission fixes the number of members that shall constitute a quorum, 5 members of the commission shall constitute a quorum.

RSN1970 c298 s6; 2005 c45 s2

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Remuneration of members

        6. A member of the commission may be paid the salary or other remuneration and expenses that the Lieutenant-Governor in Council may determine, but the payment shall be made by the commission.

RSN1970 c298 s7

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Meetings

        7. The members of the commission shall meet whenever necessary for the transaction of business, but shall meet at least 3 times in a financial year.

RSN1970 c298 s9

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Chairperson to preside

        8. (1) The chairperson is the official head of the commission and shall

             (a)  preside over meetings of the commission;

             (b)  oversee generally the carrying out of the policies of the commission;

             (c)  keep regular minutes of the meetings of the commission and ensure that full and complete books of account and records are kept; and

             (d)  have those other powers that may be conferred on him or her by the internal rules of the commission established under paragraph 25(p.1).

             (2)  Acts done by the commission shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the commission, be as valid as if that defect had not existed.

RSN1970 c298 s10; 1983 c10 s1; 2005 c45 s3

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Use of seal

        9. (1) The application of the common seal of the commission shall be witnessed by the chairperson or vice-chairperson and by one other member of the commission.

             (2)  A contract or instrument which, if entered into or executed by a person not being a corporation would not be required to be under seal, may be entered into or executed on behalf of the commission by a person generally or specially authorized by it for that purpose.

             (3)  A document purporting to be a document executed or issued under the seal of the commission or on behalf of the commission shall, until the contrary is proved, be considered to be a document so executed or issued.

RSN1970 c298 s11; 2005 c45 s4

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Status of commission

      10. (1) The commission is, for the purposes of this Act, an agent of the Crown and may exercise its powers under this Act only as an agent of the Crown.

             (2)  [Rep. by 2005 c45 s5]

             (3)  Notwithstanding that the commission is an agent of the Crown, it may enter into contracts with the Crown and appoint agents to act on its behalf and on the conditions that it considers necessary.

             (4)  Property of the commission is the property of the Crown and title to it shall be vested in the name of the minister, for the Crown.

             (5)  A member of the commission or a person employed by the commission does not become, because of the employment only, an officer or servant of the Crown.

             (6)  Section 3 of the Public Employees Act applies to the commission.

RSN1970 c298 s12; 1982 c9 s9; 1994 c32 s2; 2005 c45 s5

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Actions

      11. Actions, suits or other legal proceedings in respect of a right or obligation acquired or incurred by the commission may be brought by or against the commission in the name of the commission in a court as if the commission were not an agent of the Crown.

RSN1970 c298 s13

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Executive director

      12. (1) The Lieutenant-Governor in Council may appoint an executive director of the commission who shall hold office at pleasure.

             (2)  The executive director shall be charged with the direction, supervision and control of the day to day activities of the commission and shall perform the other duties that the commission may assign to him or her.

             (3)  The executive director shall be paid the salary that may be fixed by order of the Lieutenant-Governor in Council.

1983 c10 s2

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Appointment of staff

      13. (1) Subject to the approval of the Lieutenant-Governor in Council, the commission may appoint those managers, engineers, accountants, employees and workers that may be considered necessary, and fix their remuneration and term of service.

             (2)  The Lieutenant-Governor in Council may by order

             (a)  empower the commission to make appointments to; and

             (b)  fix the remuneration to be paid in

a post or class of posts designated in the order, and a class may be designated by reference to a post, with or without exception, in which the annual remuneration does not exceed an amount prescribed in the order, and the commission may make appointments to and fix the terms of service in respect of a post or class of posts so designated, without further approval of the Lieutenant-Governor in Council.

RSN1970 c298 s14

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Members not to contract with commission

      14. (1) A member of the commission shall not directly or indirectly, personally or through a person in trust for him or her, undertake or enjoy in whole or in part a contract, agreement or work with or for the commission.

             (2)  Subsection (1) does not apply to a member of the commission only because of his or her being a member of a company which enters into a contract, agreement or work with or for or otherwise has dealings with the commission, but that member shall not vote in the meetings of the commission in respect of that contract, agreement or work and where the member does vote the vote shall not be counted.

RSN1970 c298 s15

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Financial year

      15. The financial year of the commission shall correspond with the financial year of the province.

RSN1970 c298 s16

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Budget to be submitted

      16. The commission shall submit to the minister a budget containing estimates of revenues and expenditures for the next financial year for the purposes of the commission and the budget shall be prepared under instructions relating to time, format and detail that may be issued by the minister.

1986 c32 s1; 2005 c45 s6

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Approval of budget

      17. The minister may approve, disapprove, revise or place conditions upon the budget submitted by the commission under section 16.

2005 c45 s7

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Revised budget

      18. (1) Where in a financial year it appears that the actual revenue or expenditures of the commission are likely to be substantially greater or less than estimated in the budget approved by the minister under section 17, the commission shall submit to the minister a revised budget.

             (2)  The minister may approve, disapprove, revise or place conditions upon the revised budget or a portion submitted by the commission.

             (3)  The commission shall not become liable for an expenditure or indebtedness beyond or in excess of the amount of expenditure set out in a budget approved by the minister under section 17 or a revised budget approved by the minister under subsection (2).

2005 c45 s8

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Rep. by 2005 c45 s8

      19. [Rep. by 2005 c45 s8]

2005 c45 s8

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Rep. by 2005 c45 s9

      20. [Rep. by 2005 c45 s9]

2005 c45 s9

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Rep. by 2005 c45 s9

      21. [Rep. by 2005 c45 s9]

2005 c45 s9

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Rep. by 2005 c45 s10

      22. [Rep. by 2005 c45 s10]

2005 c45 s10

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Audit of accounts

      23. (1) The auditor general shall audit the accounts of the commission and has the authority to call for and shall be supplied by the commission with books and vouchers that he or she considers necessary for his or her audit.

             (2)  Where the auditor general makes an interim examination of the accounts of the commission during the course of a financial year, he or she shall submit a report of the examination to the chairperson of the commission and to the minister.

RSN1970 c298 s24; 1986 c32 s3

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Non-application of Public Utilities Act

      24. (1) The Board of Commissioners of Public Utilities shall have no jurisdiction over the commission under the Public Utilities Act.

             (2)  Notwithstanding subsection (1), the Lieutenant-Governor in Council may, by order, declare that thePublic Utilities Act or a part of it shall apply to the commission, and that Act or those parts of it that may be prescribed in the order shall apply to the commission.

RSN1970 c298 s25

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Powers of commission

      25. The commission shall have power

             (a)  subject to the approval of the Lieutenant-Governor in Council, to borrow money from financial institutions in support of its business activities;

             (b)  subject to the approval of the Lieutenant-Governor in Council, to

                      (i)  incorporate segments of its business and commercial activities, and

                     (ii)  establish foundations in order to improve its operational efficiencies;

             (c)  to co-ordinate or control the use, development, conservation, maintenance and improvement of public land under the master plan;

             (d)  to acquire property by gift or purchase or otherwise for the Crown;

             (e)  to hold or administer property or acquire by lease, licence or otherwise the right to occupy and use property;

              (f)  to sell, grant, convey, lease or otherwise dispose of property on behalf of the Crown;

             (g)  [Rep. by 2005 c45 11]

             (h)  [Rep. by 2005 c45 s11]

              (i)  to construct, maintain or operate a park, square, improvement or service facility;

              (j)  subject to the provisions of this Act relating to landscape maintenance, service maintenance, landscape construction and service facilities,

                      (i)  to maintain, develop or improve, or build on commission land, and

                     (ii)  with the consent of a participating party, or of its agent or representative, to maintain, develop or improve, or build on, public land, other than commission land, owned by that participating party situated inside the C.A. Pippy Park;

                    (iii)  [Rep. by 2005 c45 s11]

             (k)  on public land, to establish, maintain and operate, or grant concessions for the operation of, places of entertainment, amusement, recreation or refreshment or other places of public interest or accommodation;

              (l)  to invest for its benefit those sums of money belonging to it and available for investment in investments authorized under section 15 of the Financial Administration Act ;

            (m)  to dispose of securities in which money has been invested under paragraph (l) in the manner and on those terms that may be considered expedient;

             (n)  to acquire, take and hold, according to law and in the name of the minister, for the Crown, the property that is, in good faith, mortgaged, hypothecated or pledged to it by way of security or conveyed to it in satisfaction of debts previously contracted;

             (o)  to enter into a contract or agreement that it considers expedient or desirable in the exercise of its powers or the discharge of its duties under this Act;

             (p)  to draw, make, accept, endorse, execute and issue promissory notes, bills of exchange and other negotiable or transferable instruments;

          (p.1)  to establish rules for its internal governance, including its proceedings and the calling and conduct of its meetings;

          (p.2)  to fix fees, including fees payable in relation to an approval of an improvement granted under section 31, and to establish rates under section 44; and

             (q)  generally to do and authorize the doing of those things that are necessary, desirable, incidental or conducive to the attainment of its objects and purposes and the exercise of its powers under this Act.

RSN1970 c298 s27; 1986 c32 s4; 1994 c32 s3; 2005 c45 s11

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Exercise of powers

      26. (1) The commission shall exercise its powers under section 25 by resolution.

             (2)  A resolution of the commission may be passed at a meeting of the members of the commission or in another manner prescribed by the rules of the commission.

             (3)  A resolution shall require the approval of a majority of members of the quorum as established under subsection 5(5).

2005 c45 s12

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Master plan

   26.1 (1) The commission shall prepare a master plan.

             (2)  The commission shall review the master plan at least once every 5 years.

             (3)  A participating party may propose to the commission that the master plan be implemented, elaborated or amended.

             (4)  The commission may by resolution recommend to the Lieutenant-Governor in Council the master plan and, after consultation as it considers appropriate, an amendment to the master plan.

             (5)  The Lieutenant-Governor in Council may, upon the recommendation of the commission under subsection (4), approve the master plan and an amendment to the master plan.

2005 c45 s13

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Power to make regulations

      27. (1) The commission, with the approval of the Lieutenant-Governor in Council and without prejudice to the rights and powers conferred on the commission under section 25, may make regulations

             (a)  regulating the use of land and the construction or alteration of an improvement on that land, consistent with the master plan;

             (b)  notwithstanding the Highway Traffic Act , controlling traffic, including the regulation of speed and the parking of vehicles;

             (c)  prohibiting or regulating boating;

             (d)  authorizing police, peace officers, including enforcement officers appointed by the commission, or a person designated in writing by the chairperson of the commission to

                      (i)  remove a vehicle or boat that is placed, left or kept in C.A. Pippy Park in contravention of this Act or a regulation,

                     (ii)  impound or store the vehicle or boat, and

                    (iii)  release it to the owner upon payment of the cost of removal and impounding or storage within a period of 30 days after the day of removal of the vehicle or boat or within the extended period that may be specified in the regulation,

and providing for the recovery of the cost from the owner of the vehicle or boat, by action in a court or by sale of the vehicle or boat at public auction or by private sale, or by both, where that cost has not been paid within the specified period;

             (e)  for the protection of animal, bird and plant life;

              (f)  subject to the Fire Protection Services Act , for fire protection and the prevention and extinguishment of fires;

             (g)  respecting the provisions of a service facility, consistent with the master plan;

             (h)  regulating, restricting or prohibiting a trade, commercial enterprise, amusement, occupation or other activity or undertaking, determining the place where the activity or undertaking may or may not be carried on, providing for the licensing of a person carrying on the activity or undertaking and prescribing a licence fee;

              (i)  regulating, restricting or prohibiting sports, games, swimming, picnicking, camping or other recreational activities, except those that are a part of university activities;

              (j)  for the preservation of the public health and the prevention of the spread of disease;

             (k)  prohibiting the making of unnecessary noise;

              (l)  prohibiting the keeping, or controlling the use or manner of keeping, of horses, dogs and other animals;

            (m)  subject to the Environmental Protection Act and the Water Resources Act , for dealing with controlling the use of, preventing the pollution or contamination of or other injury to, the waters of a well, lake, stream, river, pond or other body of water;

             (n)  for the protection, care and preservation of property;

             (o)  with respect to the conduct, functions and duties of its employees;

             (p)  for preventing nuisances and compelling the abatement of nuisances; and

             (q)  generally with respect to the effective exercise of its powers, functions and duties and the management of its affairs under this Act.

             (2)  Acts, regulations and by-laws and other laws applicable in respect of C.A. Pippy Park, whenever enacted, shall continue to be applicable in respect of C.A. Pippy Park except to the extent that they are superseded by or in conflict with this Act or regulations made under this Act, in which event this Act and the regulations made under this Act shall prevail.

2005 c45 s14; 2008 cF-11.01 s41

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Area of C.A. Pippy Park

      28. (1) The commission shall manage and control, under this Act, an area of land, which shall be known as C.A. Pippy Park, comprised of the land that shall be so established and described by order of the Lieutenant-Governor in Council.

             (2)  The area of C.A. Pippy Park may be extended or reduced by order of the Lieutenant-Governor in Council.

             (3)  A copy of an order referred to in this section is considered to be included among the deeds and other documents to which reference is made in subsection 7(1) of theRegistration of Deeds Act, and the copy may, notwithstanding that Act, be registered under that Act without proof for registration and without payment of fees.

             (4)  The registration of an order referred to in subsection (1) or (2) has the same effect as the registration of an instrument under the Registration of Deeds Act.

             (5)  Entry by the Registrar of Deeds, in the index of the books of registry, of the name of the minister, for the Crown as the party, the situation of the land to which an order under this section relates, a description of the order as an order of the Lieutenant-Governor in Council and the date of the order constitutes compliance with section 23 of the Registration of Deeds Act.

RSN1970 c298 s30; 1994 c32 s4; 2005 c45 s15

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Rep. by 2005 c45 s16

      29. [Rep. by 2005 c45 s16]

2005 c45 s16

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Rep. by 2005 c45 s16

      30. [Rep. by 2005 c45 s16]

2005 c45 s16

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Approval of improvements

      31. An improvement, except an improvement pertaining solely to the interior of a building, shall not be started or made by a person or a participating party, on land within C.A. Pippy Park without making an application to, and receiving the approval of, the commission for the improvement.

2005 c45 s17

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Rep. by 2005 c45 s18

      32. [Rep. by 2005 c45 s18]

2005 c45 s18

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Rep. by 2005 c45 s18

      33. [Rep. by 2005 c45 s18]

2005 c45 s18

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Restriction on construction of a building

      34. (1) An approval of the construction of a building shall not be given under section 31 unless the person or participating party requesting approval of the proposed building submits plans, elevations, specifications and models relating to the exterior of the proposed building that the commission may require.

             (2)  The commission may waive the requirements of subsection (1) where, in its opinion, the value of the proposed building will be less than $5,000.

             (3)  The commission shall give its approval where, after the submission of plans, elevations, specifications and models under subsection (1), it is satisfied that the plans respecting the proposed building are consistent with the master plan.

2005 c45 s19

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Rep. by 2005 c45 s20

      35. [Rep. by 2005 c45 s20]

2005 c45 s20

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Rep. by 2005 c45 s20

      36. [Rep. by 2005 c45 s20]

2005 c45 s20

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Restriction on improvements

      37. (1) The commission shall not make an improvement on public land unless it considers the proposed improvement to be consistent with the master plan.

             (2)  Notwithstanding subsection (1), the commission may, on public land, make an improvement of a merely temporary nature that is not consistent with the master plan where the commission considers it necessary to do so.

RSN1970 c298 s39

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Remedies

      38. Where an improvement is made or land is used in contravention of this Act or a regulation passed under this Act, the commission or a participating party may, in addition to, or instead of having recourse to, another remedy provided for by this Act or by another law, bring an action against the owner in a court, and in the action the court may order the owner of the improvement to remove it at his or her own expense or by injunction restrain the owner from the continuance of the unlawful use of land.

RSN1970 c298 s40; 2005 c45 s21

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Performance by commission

      39. The commission shall determine the landscape construction and the landscape maintenance to be performed on public land and shall perform landscape construction and landscape maintenance so determined.

RSN1970 c298 s41

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Rep. by 2005 c45 s22

      40. [Rep. by 2005 c45 s22]

2005 c45 s22

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Payment for landscape construction

      41. (1) A participating party constructing, or proposing to construct, a building on public land shall pay the commission for the portion of the landscape construction that the participating party may determine is necessary because of the construction or proposed construction of the building.

             (2)  A participating party requesting the commission to perform landscape construction on its lands in addition to the landscape construction proposed to be performed by the commission shall pay the commission for the additional landscape construction where performed by the commission.

             (3)  Except as provided for by subsections (1) and (2), landscape construction on public land shall be paid for by the commission.

RSN1970 c298 s43

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Reimbursement

      42. Where, in the opinion of the commission, landscape construction in C.A. Pippy Park is substantially completed under the master plan, the commission may, subject to an agreement made under paragraph 25(o) or under section 63, reimburse a participating party the part of the sum paid under subsection 41(2) for additional landscape construction that the commission in its discretion considers expedient and desirable, the reimbursement to be made in the manner that may be determined by the commission.

RSN1970 c298 s44

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Payment for landscape maintenance

      43. (1) Landscape maintenance on land of a participating party shall be performed at the expense of that participating party, and the expense shall be calculated in accordance with the schedule of rates established under section 44 or determined in accordance with section 52, but the expense may, at the discretion of the commission, be assumed wholly or partly by the commission in a case where the commission considers that it will derive all or a substantial part of the benefit to be derived from the landscape maintenance.

             (2)  In this section, the expression "land of a participating party" includes land that was owned by a participating party on or after April 1, 1968 , but has subsequently been transferred to, and remains vested in, the name of the minister, for the Crown.

RSN1970 c298 s45; 1994 c32 s5

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Schedule of rates

      44. (1) Each year the commission shall establish a schedule of rates, applicable during the following financial year beginning on April 1 for the various types of landscape maintenance and service maintenance.

             (2)  The schedule of rates established under subsection (1) shall be set in a manner and in accordance with a method determined by the commission, subject to the approval of the Treasury Board.

             (3)  [Rep. by 2005 c45 s23]

RSN1970 c298 s46; 2005 c45 s23

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Approval of commission

      45. A service facility shall not be constructed by a participating party on its land without the approval of the commission.

RSN1970 c298 s47

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Rep. by 2005 c45 s24

      46. [Rep. by 2005 c45 s24]

2005 c45 s24

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Service facility

      47. A service facility required on the land of a participating party shall be constructed by and at the expense of the participating party, but the construction, or the expense of it, may, at the discretion of the commission, be assumed wholly or partly by the commission where the commission considers that it will derive all or a substantial part of the benefit to be derived from the service facility.

RSN1970 c298 s49

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Service facility on commission land

      48. Except as otherwise provided in an agreement under paragraph 25(o) or section 63, a service facility required on commission land shall be constructed by or for, and at the expense of, the commission.

2005 c45 s25

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Service maintenance

      49. (1) Service maintenance required on the land of a participating party may be performed by the commission at the expense of the participating party, but the expense may, at the discretion of the commission, be assumed wholly or partly by the commission where the commission considers that it will derive all or a substantial part of the benefit to be derived from the service maintenance.

             (2)  In this section, the expression "land of a participating party" includes land that was owned by a participating party on or after April, 1968, but has subsequently been transferred to, and remains vested in, the minister, for the Crown, but does not include a building on that land while the building is occupied or operated by the commission or its lessee, tenant or licensee, not being the participating party that transferred the land to the minister, for the Crown.

RSN1970 c298 s51; 1994 c32 s6

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Service maintenance on commission land

      50. Except as otherwise provided in an agreement under paragraph 25(o) or section 63, service maintenance required on commission land shall be performed by and at the expense of the commission.

2005 c45 s26

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Control by commission

      51. Notwithstanding anything in the City of St. John's Act or in another Act, a road, street, bridge, highway, lane, alley, square or public place within C.A. Pippy Park and specified by the commission shall not be under the direction, management or control of the city, but this section does not affect the application in respect of C.A. Pippy Park, under subsection 27(2), of a by-law of the city.

RSN1970 c298 s53; 2005 c45 s27

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Amount of expenses

      52. (1) The amount of the expense of landscape maintenance or service maintenance shall, in a case where the commission passes a resolution for the purpose of this subsection, be considered to be, notwithstanding that the amount of the expense might be determined in another manner, the sum fixed by the resolution.

             (2)  Where the amount of the expense of landscape maintenance or service maintenance has not been established to the satisfaction of the commission and the participating party liable for payment of the expense or a part of it, and a resolution has not been passed under subsection (1) with respect to the expense, the matter shall, in default of agreement between the commission and the participating party liable for payment, be settled by arbitration at the request of either the commission or the participating party.

             (3)  For an arbitration under this section, the commission and the participating party referred to in subsection (2) shall each appoint 1 arbitrator, and where either party fails to appoint an arbitrator after 7 clear days' notice in writing has been given to it by the other requiring it to do so, then the party who has given the notice may apply to the Trial Division or a judge of the court and the court or judge, after notice to the party in default, shall appoint the arbitrator and the 2 arbitrators so appointed shall appoint a 3rd arbitrator or umpire, and where they fail to appoint the 3rd arbitrator after 7 clear days' notice in writing from either party to do so, the Trial Division or a judge of the court shall, on the application either of the commission or the participating party, appoint the 3rd arbitrator, and the 3 so appointed shall proceed to hear the parties on the matter in dispute and make their decision and award.

             (4)  The award in an arbitration held under this section shall be made in writing and delivered promptly to the parties, and the decision and award of the arbitrators or of 2 of them shall be final and binding on the parties, except that either party may appeal to the Court of Appeal on questions of law only, by giving notice of the appeal to the other party within 1 month following the receipt of the award.

             (5)  The costs of the arbitration, including reasonable compensation for the arbitrators, shall be paid equally by the parties or as the arbitrators may otherwise direct.

             (6)  The Arbitration Act shall apply to an arbitration held under this section to which the government is a party.

RSN1970 c298 s54; 1974 No57 Sch D; 1986 c42 Schs A&B; 2005 c45 s28

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Instruments invalid without consent of commission

      53. An instrument relating to land shall be invalid unless it is consented to in writing by the commission, and the Registrar of Deeds for the province shall not register the instrument unless it is accompanied by the written consent of the commission to the proposed dealing.

RSN1970 c298 s55; 1994 c32 s7

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Acquisition of land

      54. (1) A person or participating party may not acquire land or an interest in land within C.A. Pippy Park except with the written approval of the commission.

             (2)  Subsection (1) does not apply to the acquisition of land or an interest in land under Part III of the Works, Services and Transportation Act .

2005 c45 s29

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Right of first refusal

   54.1 (1) Where a person or a participating party intends to sell land within C.A. Pippy Park, that person or participating party shall first send to the commission by registered mail an offer to sell and the commission shall have 90 days from receipt of the offer to accept the offer of sale or to recommend the expropriation of the land by the Crown.

             (2)  Where the commission does not accept the offer of sale or recommend expropriation within 90 days from receipt of the offer of sale, the offer of sale shall be considered to have been rejected by the commission and the land may be sold to another person or participating party.

             (3)  The purposes of this Act are considered to be purposes for which land may be expropriated under the Expropriation Act .

2005 c45 s30

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Disposition of land by the commission

   54.2 (1) The commission shall not sell commission land to a person other than a participating party without the written consent of each participating party.

             (2)  Commission land shall be sold at a price to be determined by the commission.

2005 c45 s30

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Endorsement on registered documents

      55. A document concerning land within C.A. Pippy Park shall be endorsed by the Registrar of Deeds for the province, before registration, with the notation "The land described in this document is subject to the Pippy Park Commission Act".

RSN1970 c298 s57

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Rep. by 2005 c45 s31

      56. [Rep. by 2005 c45 s31]

2005 c45 s31

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Rep. by 2005 c45 s31

      57. [Rep. by 2005 c45 s31]

2005 c45 s31

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Rep. by 2005 c45 s31

      58. [Rep. by 2005 c45 s31]

2005 c45 s31

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Rep. by 2005 c45 s31

      59. [Rep. by 2005 c45 s31]

2005 c45 s31

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Grant of funds

      60. (1) The Lieutenant-Governor in Council may, from money voted by the Legislature for the purpose, make available and pay to the commission funds that it may require for the proper carrying out of its powers, functions and duties under this Act.

             (2)  In addition to money payable to it under subsection (1) and under the other provisions of this Act, the commission may receive and accept other sums of money that may be paid to it by way of grant, contribution or reimbursement from a source, where it receives those funds to help it in the attainment of its objects or in the proper exercise of its powers, functions and duties or to reimburse it for disbursements made by it.

             (3)  Money to be paid to the commission under subsection (1) shall be paid out of the Consolidated Revenue Fund.

RSN1970 c298 s62

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Rep. by 2005 c45 s32

      61. [Rep. by 2005 c45 s32]

2005 c45 s32

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Interest

      62. Where a participating party fails to pay a sum when due under this Act, it shall pay the commission, upon demand, interest at the rate of 6% annually on the amount in arrears from the date on which it became due.

RSN1970 c298 s64

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Participating parties

      63. (1) A participating party may, for the purposes of this Act,

             (a)  enter into an agreement with the commission or another participating party;

             (b)  spend the money that it considers expedient or desirable for a purpose associated with the use, development, conservation, maintenance or improvement of the C.A. Pippy Park; and

             (c)  pay money to the commission on account of a future obligation of the participating party to the commission, whether or not the amount of the obligation is likely to be incurred in the same financial year in which the payment is made.

             (2)  Money to be paid under subsection (1) by the government shall, subject to the approval of the Lieutenant-Governor in Council, be paid out of the Consolidated Revenue Fund.

RSN1970 c298 s65

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Exemption of members, officers and employees of commission from liability

      64. A member, officer or employee of the commission, including an enforcement officer appointed under subsection 66(2), when acting upon the instructions of the commission or under the authority of this Act or a regulation made under this Act, shall not be personally liable for a loss or damage suffered by a person or participating party because of anything done in good faith or omitted to be done under the authority of this Act.

2005 c45 s33

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Rep. by 2005 c45 s34

      65. [Rep. by 2005 c45 s34]

2005 c45 s34

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Fire protection and law enforcement

      66. (1) Fire protection and law enforcement in the C.A. Pippy Park shall be provided by the government of the province.

             (2)  Notwithstanding subsection (1), the commission may appoint enforcement officers to carry out the provisions of this Act and the regulations made under this Act.

             (3)  Enforcement officers appointed under subsection (2) shall be engaged at the expense of the commission and shall hold office during the pleasure of the commission.

             (4)  An enforcement officer appointed under subsection (2) shall be supplied by the commission with an identification card and shall, before entering upon his or her duties, take and sign an oath of office in the following form:

"I,                           of                         in the Province of Newfoundland and Labrador, do solemnly swear (affirm) that I will faithfully, honestly, impartially and to the best of my ability, fulfil, execute and perform the duties required of me as an enforcement officer and will well and truly obey and perform all lawful orders and instructions that I receive from the commission, without fear, favour or affection of or towards a person." (Where an oath is taken, add "So help me God".)

             (5)  The oaths or affirmations required under subsection (4) may be taken and signed before a judge of the Trial Division and shall be retained by the commission as part of its records.

             (6)  The commission may make those charges against a participating party that it considers reasonable, in respect of services performed by enforcement officers appointed under subsection (2), and a participating party against whom a charge has been made shall pay the amount to the commission.

             (7)  Nothing in this section affects the power of the province or the Minister of Justice of the province to provide for the performance of police duties within the C.A. Pippy Park by members of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police.

2005 c45 s35

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Powers and protection of enforcement officers

   66.1 An enforcement officer appointed under subsection 66(2) has the powers of a peace officer to enforce this Act and the regulations and when performing his or her duties is entitled to the protection to which a peace officer is entitled under the Criminal Code .

2005 c45 s36

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Penalties

   66.2 A person who contravenes this Act or a regulation made under this Act

             (a)  may be expelled from public land by the commission, by an enforcement officer appointed under subsection 66(2) or by a member of the Royal Newfoundland Constabulary;

             (b)  is guilty of an offence and liable on summary conviction to a fine not exceeding $300 or to imprisonment for a term not exceeding 10 days or to both a fine and imprisonment; and

             (c)  in addition to a fine or term of imprisonment as 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 this Act or regulation.

2005 c45 s36

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Exemption from taxation

      67. Public land shall not be subject to taxation for provincial, municipal or school purposes, and the land shall be exempt from taxation.

RSN1970 c298 s69

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Rep. by 2005 c45 s37

      68. [Rep. by 2005 c45 s37]

2005 c45 s37

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Evidence of resolution

      69. A copy of a resolution, regulation or other document in the custody of the secretary of the commission purporting to be certified by the secretary to be a true copy and purporting to be sealed with the seal of the commission shall be evidence of the resolution, regulation or document without proof of the signature of the secretary.

RSN1970 c298 s71; 2005 c45 s38

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Crown bound by this Act

      70. The Crown is bound by this Act.

RSN1970 c298 s72

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Act prevails

      71. Where this Act or a regulation made under this Act conflicts with another Act or regulations, this Act or the regulation shall prevail, but nothing in this Act or the regulation shall derogate from the powers of the senate of the university under theMemorial University Act.

RSN1970 c298 s73; 2005 c45 s39