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Statutes of Newfoundland 1992


CHAPTER F-7

CHAPTER F-7.1

AN ACT TO ABOLISH CERTAIN FEES

(Assented to December 23, 1992)

Analysis

1. Short title

APPRENTICESHIP ACT

Apprenticeship (Consolidated) Regulations, 1971

2. S.10(3)(b) Amdt.

3. S.16 Rep.

4. S.19(3) Amdt.

BOILER, PRESSURE VESSEL AND COMPRESSED GAS ACT

Boiler, Pressure Vessel and Compressed Gas Regulations, 1983

5. Ss. 31(11), 119(c) and 120 Rep.

DAY CARE AND HOMEMAKER SERVICES ACT

Day Care and Homemaker Services Regulations, 1982

6. S.3(2)(k) Rep.

DEPARTMENT OF ENVIRONMENT AND LANDS ACT

Department of Environment and Lands Act,
1989 Fee
Regulations

7. Regulation 175/90 Rep.

Storage and Handling of Gasoline and Associated Products Regulations, 1982

8. S.14(2) Rep.

FORESTRY ACT

Crown Lands (Cutting of Timber) Regulations, 1982

9. S.29 Rep.

HIGHWAY TRAFFIC ACT

Highway Traffic (Fees) Regulations, 1992

10. Regulation 128/92 Commencement & S.6(4) Rep.

HORSE RACING REGULATION AND TAX ACT

Horse Racing (Regulation and Tax) Regulations, 1963

11. S.3 Amdt.

12. S.5 Rep.

LANDS ACT

Crown Land Fees Order

13. S.2(2) R&S

LIQUOR CONTROL ACT

Liquor (Licensing)
Regulations, 1974

14. S.12(3) Added

15. S.16 Rep.

16. S.21 Rep.

17. S.28 Rep.

18. S.62(3)(d) R&S

19. Sch. A Rep.

MINERAL ACT

20. S.21(1)(d)(i) Amdt.
Application for licence; acceptance

21. S.28(1) Amdt. and S.28(3)(a), (b) and (c) R&S, S.28(4) and (5) Added
Extension of Licence

22. S.41(e)(iv) and 41(l) Amdt. Regulations Mineral Regulations, 1983

23. S.6(1) Amdt. and S.6(4) Rep.

24. S.13 R&S

25. S.14 R&S

26. S.25(1) Amdt. and S.25(4) Rep.

27. S.46(1) R&S

28. Ss.47(1), (3), (4) and 48(1) Amdt.

29. S.51 R&S

30. S.71 R&S

31. Sch. II R&S

PESTICIDES CONTROL ACT

Pesticides Control Regulations, 1984

32. Ss.4(5), (6), 5(5), 7(7) and 8 Rep.

PRIVATE TRAINING INSTITUTIONS ACT

Private Training Institutions Regulations, 1989

33. S.6 Rep. and Sch. PTI.1 Amdt.

PROVINCIAL PARKS ACT

Provincial Parks Regulations, 1957

34. S.25(1) Amdt.

35. S.25(1.1) and 28(1) to (5) Rep.

QUARRY MATERIALS ACT

Quarry Materials Regulations, 1977

36. Sch. C Amdt.

URBAN AND RURAL PLANNING ACT

Isthmus of Avalon Region Regional Planning Area Interim Development Regulations, 1991

37. S.17 Rep.

Mobile Home Development Regulations, 1976

38. S.4(3) Amdt.

39. S.5(2) Rep. and S.5(3) and (7) Amdt.

Protected Road Zoning Regulations

40. S.27(12) and Sch A Rep.

VITAL STATISTICS ACT

Registration (Vital Statistics) Fees Regulations, 1984

41. S.2 R&S

WASTE MATERIAL DISPOSAL ACT

Waste Material (Disposal) Act, 1973, Fee Regulations

42. Regulation 176/90 Rep.

WELL DRILLING ACT

Well Drilling Regulations

43. S.5 Rep.

WILD LIFE ACT

Guides Regulations, 1980

44. S.19 Rep.

Wild Life Park Regulations, 1980 (No. 2)

45. S.18 Rep.

Wild Life Regulations, 1984

46. S.70(2) Added

47. S.88(3) Amdt.

48. Sch. A R&S

COMMENCEMENT

49. Commencement

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 Fees Regulations Amendment and Repeal Act.

APPRENTICESHIP ACT

Apprenticeship (Consolidated) Regulations, 1971

Reg. 276/78 as amended

2. Paragraph 10(3)(b) of the Apprenticeship (Consolidated) Regulations, 1971 is amended by striking out the words "on the payment of a late renewal fee of the sum of fifteen dollars plus the sum of five dollars".

3. Section 16 of the regulations is repealed.

4. Subsection 19(3) of the regulations is amended by striking out the words "on payment by him of a late renewal fee of fifteen dollars plus the sum of five dollars".

BOILER, PRESSURE VESSEL AND COMPRESSED GAS ACT

Boiler, Pressure Vessel and Compressed Gas Regulations, 1983

Reg. 33/83 as amended

5. Subsection 31(11), paragraph 119(c) and section 120 of the Boiler, Pressure Vessel and Compressed Gas Regulations, 1983 are repealed.

DAY CARE AND HOMEMAKER SERVICES ACT

Day Care and Homemaker Services Regulations, 1982

Reg. 219/82 as amended

6. Paragraph 3(2)(k) of the Day Care and Homemaker Services Regulations, 1982 is repealed.

DEPARTMENT OF ENVIRONMENT AND LANDS ACT

Department of Environment and Lands Act, 1989 Fee Regulations

Reg. 175/90

7. The Department of Environment and Lands Act, 1989 Fee Regulations are repealed.

Storage and Handling of Gasoline and Associated Products Regulations, 1982

Reg. 258/82 as amended

8. Subsection 14(2) of the Storage and Handling of Gasoline and Associated Products Regulations, 1982 is repealed.

FORESTRY ACT

Crown Lands (Cutting of Timber) Regulations, 1982

Reg. 184/82 as amended

9. Section 29 of the Crown Lands (Cutting of Timber) Regulations, 1982 is repealed.

HIGHWAY TRAFFIC ACT

Highway Traffic (Fees) Regulations, 1992

Reg. 128/92

10. Notwithstanding section 43, the Highway Traffic (Fees) Regulations, 1992 published as regulation 128/92 in the Gazette on July 3, 1992 shall be considered to have come into force on April 3, 1992 and subsection 6(4) of the regulations shall be considered to have been repealed on May 1, 1992.

HORSE RACING REGULATION AND TAX ACT

Horse Racing (Regulation and Tax) Regulations, 1963

Reg. 349/78 as amended

11. Section 3 of the Horse Racing (Regulation and Tax) Regulations, 1963 is amended by striking out the commas, words and figures", upon the payment of a fee of $25.00,".

12. Section 5 of the regulations is repealed.

LANDS ACT

Crown Land Fees Order

Reg. 76/92

13. Subsection 2(2) of the Crown Land Fees Order is repealed and the following substituted:

(2) There shall not be an application fee for the renewal of a lease of a 5 year term or less or of a permit to occupy.

LIQUOR CONTROL ACT

Liquor (Licensing) Regulations, 1974

Reg. 396/78 as amended

14. Section 12 of the Liquor (Licensing) Regulations, 1974 is amended by adding immediately after subsection (2) the following:

(3) Every applicant for a Special Events Licence under subsection (1) shall submit with his or her application a fee of $100.

15. Section 16 of the regulations is repealed.

16. Section 21 of the regulations is repealed.

17. Section 28 of the regulations is repealed.

18. Paragraph 62(3)(d) of the regulations is repealed and the following substituted:

(d) $15.

19. Schedule A of the regulations is repealed.

MINERAL ACT

RSN 1990 cM-12 as amended

20. Subparagraph 21(1)(d)(i) of the Mineral Act is amended by striking out the word "purchase" and by substituting the word "acquisition".

21. (1) Subsection 28(1) of the Act is amended

(a) by striking out the word "and" and substituting a comma;

(b) by adding immediately after the word "years" the words "and may apply for not more than 3 extensions"; and

(c) by striking out the full stop and substituting a comma and by adding immediately after paragraph (b) the words "and the application shall be accompanied by documentation and renewal fees prescribed by regulation.".

(2) Paragraphs 28(3)(a), (b) and (c) of the Act are repealed and the following substituted:

(a) that for each 12 month period of the extension, the licensee shall carry out the assessment work prescribed by regulation for the extension instead of the assessment work required for the original term of the licence; and

(b) fulfilment of all terms and conditions of or pertaining to the licence as originally granted.

(3) Section 28 of the Act is amended by adding immediately after subsection (3) the following:

(4) The term of a licence shall expire 5 years after the date on which the original licence was granted or renewed.

(5) Notwithstanding subsection (1), where the date of expiry of a licence is between March 27, 1992 and June 1, 1992, the minister may accept an application for an extension after the date of expiry of that licence provided that the application is made within 6 months of that date of expiry.

22. (1) Subparagraph 41(e)(iv) of the Act is amended by striking out the words "purchase and price" and by substituting the words "acquisition and use".

(2) Paragraph 41(l) of the Act is amended by striking out the words "the annual rentals to be paid by licensees during each year of extension" and by substituting the words "the renewal fees to be paid by licensees for additional extended terms".

Mineral Regulations, 1983

Reg. 132/83 as amended

23. (1) Subsection 6(1) of the Mineral Regulations, 1983 is amended by striking out the word "purchase" and by substituting the word "acquire".

(2) Subsection 6(4) of the regulations is repealed.

24. Section 13 of the regulations is repealed and the following substituted:

Replacement of metal tags

13. In the event that 1 or more of the metal tags issued under section 6 are inadvertently lost or destroyed, the recorder shall upon notification by the registered holder, provide replacement tags after recording the serial numbers of the tags to be replaced and the numbers of those tags shall not afterwards be employed to record a mineral claim.

25. Section 14 of the regulations is repealed and the following substituted:

Refund

14. Unused tags purchased before March 27, 1992, may be returned to the recorder for refund.

26. (1) Subsection 25(1) of the regulations is amended by striking out the word "purchase" and substituting the word "acquire".

(2) Subsection 25(4) of the regulations is repealed.

27. Subsection 46(1) of the regulations is repealed and the following substituted:

(1) An application for a reserved area licence shall not be accepted unless it is in a form approved by the minister and is accompanied by a deposit of cash or certified cheque in an amount equal to $10 per map staked claim contained in the reserved area licence.

28. (1) Subsection 47(1) of the regulations is amended by striking out the words "fee and".

(2) Subsections 47(3) and (4) and 48(1) of the regulations are amended by striking out the word, numbers and brackets "Regulation 46(1)(b)" wherever they occur and by substituting the word, numbers and brackets "subsection 46(1)".

29. Section 51 of the regulations is repealed and the following substituted:

Conditions of extended licence

51. The holder of a licence for a ground staked claim or claims, a map staked claim or claims or a reserved area may apply to the minister for not more than 3 extensions of the term of the licence in accordance with section 28 of the Act for all or a portion of the area described in the licence and the minister shall issue a licence for the extended period subject to

(a) payment per claim in advance of

(i) $25 for the 1st 5 year extended licence,

(ii) $50 for the 2nd 5 year extended licence, and

(iii) $100 for the final 5 year extended licence;

(b) the same conditions relating to fees, guarantee deposits and refund of deposits as required under the licence originally granted, except where that extension is in relation to a reserved area licence, upon extension the conditions relating to fees, deposits and refund of deposits shall be the same as those for extension to a map staked licence; and

(c) assessment work requirements as set out in section 53 for each year of the extended period instead of the assessment work required during the original term of the licence.

30. Section 71 of the regulations is repealed and the following substituted:

Miscellaneous prescribed fees

71. The fees prescribed under subsections 6(1), 17(3), (4) and 29(1) of the Act are set out in Schedule II of these regulations.

31. Schedule II of the regulations is repealed and the following substituted:

 

SCHEDULE II
Fees

Reference in the Regulations

Subject

Fee

Paragraph 16(1)(c) and subparagraph 37(b)(i)

Recording of application for ground staked and map staked licences

$5/claim

section 56

Annual rental for mining lease

$40/ha

Reference in the Act

 

 

Subsection 6(1)

Fee for registration of transfer assignment under subsection 6(1) of the Act

Free

Subsection 17(3)

Fee for inspection of registers referred to in subsection 17(3) of the Act

Free

Subsection 17(4)

Fee for copy of documents referred to in subsection 17(4) of the Act

Free

Subsection 29(1)

Fee for certificate of compliance

Free

PESTICIDES CONTROL ACT

Pesticides Control Regulations, 1984

Reg. 86/84 as amended

32. Subsections 4(5), (6), 5(5) and 7(7) and section 8 of the Pesticides Control Regulations, 1984 are repealed.

PRIVATE TRAINING INSTITUTIONS ACT

Private Training Institutions Regulations, 1989

Reg. 194/89 as amended

33. (1) Section 6 of the Private Training Institutions Regulations, 1989 is repealed.

(2) Schedule PTI.1 of the regulations is amended by striking out the paragraph entitled "LICENCE FEES".

PROVINCIAL PARKS ACT

Provincial Parks Regulations, 1957

Reg. 125/78 as amended

34. Subsection 25(1) of the Provincial Parks Regulations, 1957 is amended by adding immediately after the words "Blow Me Down" in Column 1, a comma and the words "Barachois Pond", and by striking out the figures and word "$1.25/day" in column 2 and substituting the word "Free".

35. Subsections 25(1.1), 28(1), (2), (3), (4) and (5) of the regulations are repealed.

QUARRY MATERIALS ACT

Quarry Materials Regulations, 1977

Reg. 47/78 as amended

36. Schedule C of the Quarry Materials Regulations, 1977 is amended by striking out item 5.

URBAN AND RURAL PLANNING ACT

Isthmus of Avalon Region Regional Planning Area Interim Development Regulations, 1991

Reg. 111/91

37. Section 17 of the Isthmus of Avalon Region Regional Planning Area Interim Development Regulations, 1991 is repealed.

Mobile Home Development Regulations, 1976

Reg. 568/78 as amended

38. Subsection 4(3) of the Mobile Home Development Regulations, 1976 is amended by striking out the words and figures "upon payment of a fee of twenty-five dollars ($25.00)".

39. (1) Subsection 5(2) of the regulations is repealed.

(2) Subsection 5(3) of the regulations is amended by striking out the words and figures "upon payment of the fee prescribed in paragraph (2)".

(3) Subsection 5(7) of the regulations is amended by striking out the words, figures and comma "and after the payment of a fee of ten dollars ($10.00),".

Protected Road Zoning Regulations

Reg. 131/86 as amended

40. Subsection 27(12) and Schedule A of the Protected Road Zoning Regulations are repealed.

VITAL STATISTICS ACT

Registration (Vital Statistics) Fees Regulations, 1984

Reg. 97/84

41. Section 2 of the Registration (Vital Statistics) Fees Regulations, 1984 is repealed and the following substituted:

2. A certificate of birth which on or after March 28, 1992

(a) is a 1st certificate of birth, issued for a child whose birth was registered under this Act within 1 year from that child's date of birth, shall be issued without charge or fee; and

(b) is not issued under paragraph (a), shall be issued for a fee of $10.

WASTE MATERIAL DISPOSAL ACT

Waste Material (Disposal) Act, 1973, Fee Regulations

Reg. 176/90

42. The Waste Material (Disposal) Act, 1973, Fee Regulations are repealed.

WELL DRILLING ACT

Well Drilling Regulations

Reg. 31/82

43. Section 5 of the Well Drilling Regulations is repealed.

WILD LIFE ACT

Guides Regulations, 1980

Reg. 347/80

44. Section 19 of the Guides Regulations, 1980 is repealed.

Wild Life Park Regulations, 1980 (No. 2)

Reg. 276/80

45. Section 18 of the Wild Life Park Regulations, 1980 (No. 2) is repealed.

Wild Life Regulations, 1984

Reg. 17/84 as amended

46. Section 70 of the Wild Life Regulations, 1984 is amended by renumbering that section as subsection 70(1) and by adding immediately after subsection (1) the following:

(2) A person, other than an employee of the provincial government, who issues a Resident Small Game (Birds and Mammals) licence, may charge the applicant $3.00 for the time taken by that person to issue the licence and subsection (1) shall not apply.

47. Subsection 88(3) of the regulations is amended by striking out the words "or trout".

48. Schedule A of the regulations is repealed and the following substituted:

Schedule A
Licence Fees

Fishing

 

Resident individual salmon

$10.00

Resident family salmon

15.00

Non-resident individual salmon (season)

50.00

Non-resident family salmon (season)

75.00

Small Game

 

Resident small game (birds and mammals)

0.00

Resident youth small game (birds and mammals) under subsection 47(5)

0.00

Non-resident small game (birds and mammals)

25.00

Big Game

 

Resident moose

35.00

Non-resident (Canadian citizen or landed immigrant) moose

250.00

Non-resident (other) moose

350.00

Resident caribou

35.00

Non-resident (Canadian citizen or landed immigrant) caribou

400.00

Non-resident (other) caribou

600.00

Resident black bear

25.00

Non-resident (Canadian citizen or landed immigrant) black bear

50.00

Non-resident (other) black bear

100.00

Resident polar bear

100.00

Trapping

 

Trapper's licence

10.00

Trapper's beaver licence

10.00

Beaver trap line licence

0.00

Other

 

Resident wolf shooting licence

25.00

Non-resident (Canadian citizen or landed immigrant) wolf shooting licence

100.00

Non-resident (other) wolf shooting licence

250.00

COMMENCEMENT

Commencement

49. (1) Sections 1, 5 to 8, 11 to 13, 20 to 32 and 34 to 48 shall be considered to have come into force on March 27, 1992.

(2) Sections 2 to 4, 9 and 16 shall be considered to have come into force on April 1, 1992.

(3) Section 10 shall be considered to have come into force on April 3, 1992.

(4) Sections 14, 15 and 17 to 19 shall come into force on April 1, 1993.

(5) Notwithstanding subsection (4) and section 19, the Inspection Fee of $75 listed in Part II of Schedule A of the Liquor Licensing Regulations, 1974 under the Liquor Control Act shall be considered to have been repealed on April 1, 1992.

(6) Section 33 shall be considered to have come into force on September 1, 1992.

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