Statutes of Newfoundland 1991 Chapter 43

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Statutes of Newfoundland 1991

CHAPTER 43

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW
(Assented to December 11, 1991)

Analysis

1. Short title

2. Automobile Insurance Act

3. Children's Law Act

4. Civil Service Act

5. Department of Environment and Lands Act, 1989

6. Expropriation Act

7. Financial Corporations Capital Tax Act

8. Fishing Industry (Collective) Bargaining Act, 1971

9. Forestry Act

10. Freedom of Information Act

11. Health and Post-Secondary Education Tax Act

12. Judgment Recovery (Nfld.) Ltd. Act

13. Law Society Act, 1977

14. Motor Carrier Act, 1990

15. Public Service Pensions Act, 1991

16. Regional Service Boards Act

17. Shops Closing Act

18. St. John's Municipal Elections Act

19. Teachers' Pensions Act

20. Uniformed Services Pensions Act, 1991

21. Wilderness and Ecological Reserves Act

22. Workers' Compensation Act, 1983

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, 1991.

RSN 1970 c.17
as amended

2. Subsection 46(1) of The Automobile Insurance Act is amended by inserting the word "annually" immediately before the word "file".

1988 c.61
as amended

3. (1) Subsection 53(2) of The Children's Law Act is repealed and the following substituted:

(2) The convention is continued in force in the province.

(2) Subsections 53(6) and (7) of the Act are repealed.

(3) This section is considered to have come into force on May 1, 1989.

RSN 1970 c.41
as amended

4. Section 7 of The Civil Service Act is amended by striking out the word "Minister" and by substituting the word "minister".

1989 c.21

5. Subparagraph 6(a)(v) of The Department of Environment and Lands Act, 1989 is amended by striking out the word "plans" and by substituting the word "places".

RSN 1970 c.121
as amended

6. Section 57 of The Expropriation Act is repealed and the following substituted:

Disposal of land

57. The minister may, subject to the approval of the Lieutenant-Governor in Council and to section 16 of The Department of Works, Services and Transportation Act, sell, lease or otherwise dispose of land or an interest in land vested in him or her for and on behalf of the Crown under this Act, upon those terms and conditions and for the consideration that the minister considers appropriate.

1982 c.8
as amended

7. Paragraph 30(1)(a) of The Financial Corporations Capital Tax Act is amended by striking out the words "the thirty day period" and by substituting the words "the 90 day period".

1971 No.53
as amended

8. Subparagraph 26(2)(b)(i) of The Fishing Industry (Collective Bargaining) Act, 1971 is amended by striking out the words and numbers "subsection (2) of section 29 of The Labour Relations Act" and by substituting the words and numbers "subsection 108(2) of The Labour Relations Act, 1977".

1990 c.58

9. (1) Paragraphs 44(b) and (d) of The Forestry Act are amended by striking out the word and letter "paragraph (e)" and by substituting the word and letter "paragraph (d)".

(2) Subsection 69(1) of the Act is amended by striking out the number "55" and by substituting the number "56".

(3) Section 152 of the Act is amended by adding immediately after the words "his or her name and address" the words "and date of birth".

(4) Paragraph 155(b) of the Act is amended by striking out the number "153" and by substituting the number "154".

1981 c.5
as amended

10. The Schedule to The Freedom of Information Act is amended

(a) by striking out "The Newfoundland and Labrador Development Corporation Limited" and "The Rural Development Authority"; and

(b) by adding at the end "Enterprise Newfoundland and Labrador Corporation".

1990 c.18

11. (1) Subsection 16(2) of The Health and Post-Secondary Education Tax Act is amended by striking out the word "inspector" and by substituting the word "minister".

(2) This section is considered to have come into force on June 13, 1990.

1988 c.9
as amended

12. (1) Subsection 9(1) of The Judgment Recovery (Nfld.) Ltd. Act, 1988 is repealed and the following substituted:

Tenure of office and voting

9. (1) Each director shall hold office for a term of 1 year and shall be eligible for re-election or re-appointment but where the members of the company do not meet in a year, the directors shall continue to hold office until their replacements are elected or appointed at a meeting of the members.

(2) Subsection 12(1) of the Act is repealed and the following substituted:

Meetings of members

12. (1) Meetings of members of the company shall be held on a date and at a time and place that may be determined by the directors.

(3) Subsection 12(3) of the Act is repealed and the following substituted:

(3) The directors shall notify all members of the company of the date, time and place of a meeting.

(4) Section 14 of the Act is repealed and the following substituted:

No meeting except by resolution

14. The directors are not bound to hold a meeting of members of the company in any year unless it is resolved to do so at a special meeting of members of the company.

1977 c.77
as amended

13. (1) Subsection 45(3) of The Law Society Act, 1977 is amended by striking out the word and number "subsection (3)" and by substituting the word and number "subsection (2)".

(2) Section 54 of the Act is amended by striking out the number "51" and by substituting the number "52".

1990 c.46

14. (1) Subsection 6(2) of The Motor Carrier Act, 1990 is amended by striking out the words "freight as prescribed by the Registrar" and by substituting the words "parcel express as prescribed by the regulations".

(2) Paragraph 25(2)(b) of the Act is amended by striking out the word "objectional" and by substituting the word "objectionable".

(3) Section 30 of the Act is repealed and the following substituted:

30. Every motor carrier shall furnish services and facilities which are reasonably safe and adequate.

(4) This section is considered to have come into force on April 1, 1991.

1991 c.12

15. (1) Subsection 32(3) of the Public Service Pensions Act, 1991 is repealed.

(2) Subsection 32(4) of the Act is amended by striking out the words ", under this section,".

(3) Subsection 32(5) of the Act is amended by striking out the words and figure "under subsection (3)".

(4) Subsection 32(8) of the Act is amended by striking out the words and figure "under subsection (3)".

(5) Section 32 of the Act is further amended by adding immediately after subsection (8) the following:

(9) Where there is a conflict between this section and The Family Law Act, The Family Law Act prevails.

(6) This section is considered to have come into force on September 1, 1991.

1990 c.65

16. Subsection 44(4) of The Regional Service Boards Act is amended by striking out the word "Subparagraph (ii)" and by substituting the word "Subparagraph (iii)".

1977 c.107
as amended

17. Paragraph 2(e) of The Shops Closing Act is repealed and the following substituted:

(e) "municipality" means the City of St. John's, the City of Corner Brook, the City of Mount Pearl or a town or community constituted or continued under The Municipalities Act;

1977 c.93 as amended

18. Items 5, 6 and 7 of Form B and items 3, 4 and 5 of Form C of Schedule A to The St. John's Municipal Elections Act are repealed.

1991 c.17

19. (1) Subsection 36(3) of the Teachers' Pensions Act is repealed.

(2) Subsection 36(4) of the Act is amended by striking out the words ", under this section,".

(3) Subsection 36(5) of the Act is amended by striking out the words and figure "under subsection (3)".

(4) Subsection 36(8) of the Act is amended by striking out the words and figure "under subsection (3)".

(5) Section 36 of the Act is further amended by adding immediately after subsection (8) the following:

(9) Where there is a conflict between this section and The Family Law Act, The Family Law Act prevails.

(6) This section is considered to have come into force on January 1, 1991.

1991 c.19

20. (1) Subsection 30(3) of the Uniformed Services Pensions Act, 1991 is repealed.

(2) Subsection 30(4) of the Act is amended by striking out the words ", under this section,".

(3) Subsection 30(5) of the Act is amended by striking out the words and figure "under subsection (3)".

(4) Subsection 30(8) of the Act is amended by striking out the word and figure "under subsection (3)".

(5) Section 30 of the Act is further amended by adding immediately after subsection (8) the following:

(9) Where there is a conflict between this section and The Family Law Act, The Family Law Act prevails.

(6) This section is considered to have come into force on February 1, 1991.

1980 c.2 as amended

21. Subsection 16(1) of The Wilderness and Ecological Reserves Act is amended by striking out the words "Lieutenant-Governor in Council" and by substituting the word "minister".

1983 c.48
as amended

22. Section 46 of The Workers' Compensation Act, 1983 is amended by striking out the words and number "section 42 of The Hospitals Act, 1971 and by substituting the words and number "section 36 of The Hospitals Act, 1971".