This is an official version.

Copyright 2000: Queen’s Printer,
St. John's, Newfoundland, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland 1995


CHAPTER E-16

CHAPTER E-16.1

AN ACT RESPECTING THE EXECUTIVE
COUNCIL

(Assented to December 21, 1995)

Analysis

1. Short title

2. Definitions

3. Premier's prerogative

4. Members of executive council

5. Presiding over departments

6. Acting ministers

7. Committees of Cabinet

8. Departmental seal

9. Departmental staff

10. Agreements with governments

11. Agreements generally

12. Delegation of ministerial powers

13. Actions in name of A.G.

14. Copies of documents

15. Acquisition of property

16. Payments

17. Transfer of powers

18. Exercise of powers

19. Secs. 17 & 18 take precedence

20. Transfer of money

21. Tariffs of fees

22. Schedules

23. Acts repealed

24. Departments continued

Schedules

Schedule A
Education Act

Schedule B
Environment Act

Schedule C
Fisheries Act

Schedule D
Municipal Affairs Act

Schedule E
Public Health Act

Schedule F
Social Services Appeal Board Act

Schedule G
Works, Services and
Transportation Act

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 Executive Council Act.

2. In this Act

(a) "department" means a department or branch of the executive government;

(b) "executive council" means the executive council of the province; and

(c) "minister" means a member of the executive council.

Premier's prerogative

3. Nothing in this Act affects a traditional prerogative of the Premier respecting the organization and composition of, appointments to and dismissals from, the Executive Council.

Members of executive council

4. (1) There shall be an executive council consisting of the Premier and those other persons appointed by the Lieutenant-Governor on the advice of the Premier by Commission under the Great Seal of the province.

(2) The Lieutenant-Governor on the advice of the Premier may appoint, by Commission under the Great Seal of the province, from the executive council,

(a) an Attorney General; and

(b) a Registrar General.

(3) The Registrar General shall be the keeper of the Great Seal of the province and shall issue all documents under the Great Seal and countersign them.

(4) The Attorney General shall

(a) be entrusted with the powers, functions and duties which belong to the office of the Attorney General and Solicitor-General of England by law or usage, so far as those powers, functions and duties are applicable to the province, and also with the powers and duties which belong to the office of the Attorney General and Solicitor-General under the laws of Canada and of the province to be administered and carried into effect by the government of the province;

(b) be charged with the settlement of all instruments issued under the Great Seal of the province;

(c) have the regulation and conduct of all litigation for and against the Crown or a department in respect of subjects within the authority or jurisdiction of the Legislature; and

(d) be charged generally with those other powers, functions and duties that are assigned by the Lieutenant-Governor in Council to the Attorney General.

(5) The Attorney General shall administer all Acts, orders and regulations, not assigned to another minister.

Presiding over departments

5. (1) The Lieutenant-Governor in Council may create departments of the government and may on the advice of the Premier appoint ministers of the executive council, to hold office during pleasure, to preside over the individual departments and to discharge those duties, exercise those powers and perform those functions that the Lieutenant-Governor in Council may determine, and the Lieutenant-Governor in Council may determine the titles by which those ministers shall be known.

(2) As soon as practicable after the creation of a department under subsection (1), the Clerk of the Executive Council shall publish a notice in the Gazette containing the name of the department and the powers, duties and functions of the minister responsible for the department.

(3) A notice published under subsection (2) shall contain a list of those Acts the administration of which have been assigned to the minister appointed to preside over the department.

(4) A notice published under subsection (2) constitutes subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

Acting ministers

6. The Lieutenant-Governor in Council on the advice of the Premier may appoint a minister as acting minister for another minister during the absence or incapacity for any cause of that other minister, and all acts of an acting minister shall have the same effect as if done by the minister in whose place he or she is acting.

Committees of Cabinet

7. The Lieutenant-Governor in Council on the advice of the Premier may establish those committees of the executive council that he or she considers advisable and may assign the duties and responsibilities of those committees.

Departmental seal

8. (1) A department may have a seal that shall be officially and judicially noticed.

(2) Where the official seal of a department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who has been assigned the powers of the deputy minister.

Departmental staff

9. (1) The Lieutenant-Governor in Council on the advice of the Premier may appoint for each department, to hold office during pleasure, those deputy ministers and those assistant deputy ministers that the Lieutenant-Governor in Council considers necessary for the proper conduct of the business of the department.

(2) The deputy minister shall be the deputy head of the department.

(3) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

(4) Those other officers and employees that are necessary for the proper conduct of the business of a department shall be appointed or employed in the manner authorized by law, but a minister may temporarily employ those technical and other assistants that the minister considers necessary.

Agreements with governments

10. Subject to the Intergovernmental Affairs Act, a minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or of the government of a province providing for

(a) the joint undertaking by the government of the province or an agency of the government with those governments, or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

Agreements generally

11. (1) A minister may enter into an agreement for the purpose of exercising or discharging the minister's powers, functions or duties.

(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may require a minister, prior to entering into an agreement or a class of agreements to first obtain the approval of the Lieutenant-Governor in Council or may establish terms and conditions under which a minister may exercise the authority to enter into an agreement or class of agreements.

(3) Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Delegation of ministerial powers

12. (1) Where, under an Act of the Legislature, power or authority to do an act, including power or authority,

(a) to enter into an agreement;

(b) to execute or approve a transfer, deed, conveyance, notice, demand, agreement, lease, caveat, lien, plan or other document;

(c) to issue, grant, suspend or cancel a permit, licence, certificate or authority;

(d) to execute, issue or approve an order or requisition, warrant or document, for work, purchase of goods, quotation of prices or articles or materials or other purpose; or

(e) to receive a notice, direction or other document

is granted to, or vested in, a minister, the minister may, by written authorization, delegate that power or authority to a person employed under him or her, subject to those limitations, restrictions, conditions and requirements as the minister may impose and as are set out in the written authorization.

(2) In exercising a power or authority delegated to him or her under subsection (1), the person to whom it is delegated is bound by, and shall observe and conform to, any limitations, restrictions, conditions and requirements so imposed by the minister or to which the minister is subject in himself or herself exercising the power or authority under the Act in which it is granted to, or vested in, him or her.

(3) Where a minister does not delegate a power or authority under subsection (1), section 21 of the Interpretation Act applies for the purpose of determining who may exercise a power or authority of the minister under subsection (1).

Actions in name of A.G.

13. Unless otherwise provided by law, all actions, suits and other proceedings taken by a minister or a department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted by and in the name of the Attorney General.

Copies of documents

14. A copy of a document, map or plan in the custody of a department, certified by the deputy minister of the department or his or her designate to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

Acquisition of property

15. (1) A minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the proper administration of the department for which he or she is responsible.

(2) A minister may

(a) sell; or

(b) lease or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate,

property of which the minister has the management and control.

(3) All money received by a minister in the exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through a minister, the minister or the deputy minister may execute all documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

Payments

16. Payments required to be made by or on behalf of the Crown under an agreement or for the proper administration of a department shall be paid by the Minister of Finance, on the request of a minister, out of the Consolidated Revenue Fund.

Transfer of powers

17. The Lieutenant-Governor in Council may

(a) transfer powers, duties or functions or the control or supervision of a part of the public service from one minister of the Crown to another minister of the Crown, or from one department or branch of the public service to another department or branch of the public service; or

(b) amalgamate and combine 2 or more departments under one minister of the Crown and under one or more deputy ministers.

Exercise of powers

18. Where under section 17, or under another lawful authority, a power, duty or function, or the control or supervision of a part of the public service is transferred from one minister to another minister, or from one department or branch of the public service to another department or branch, the minister, department or branch to which the power, duty, function, control or supervision is transferred, and the appropriate officers of that department or branch shall be substituted for and may exercise the respective powers and duties that formerly belonged to or were exercisable by the minister, department or branch and the respective officers of the department or branch from which the power, duty, function, control or supervision is so transferred.

Secs. 17 & 18 take precedence

19. Sections 17 and 18 shall have effect, notwithstanding anything to the contrary contained in another Act or law.

Transfer of money

20. Where under section 17, the duties and functions of a department are transferred to another department, the Lieutenant-Governor in Council may order that all or part of the money authorized by an Act of the Legislature to be paid and applied for the purpose of those duties and functions and remaining unexpended, as he or she considers appropriate, shall be expended through that other department to which those duties and functions are transferred and then that money may be expended for those duties and functions as though they have been authorized by the Act of the Legislature to be paid and applied for the purpose of those duties and functions being performed by that other department.

Tariffs or fees

21. A minister may establish tariffs or fees that shall be paid to the government in respect of inspections, the issuing of, granting of, registration of, filing of, or application for, commissions, letters patent, licences, permits, documents, conveyances, grants, orders issued, granted, registered or filed by or with a minister, officer of the government, department or government office or in respect of the searching of a register, file or document, kept by a minister, officer of the government, department or government office and that is available for search by the public.

Schedules

22. The Schedules to this Act shall, on the coming into force of this Act and, notwithstanding that they have been passed as part of this Act, be considered to constitute Acts of the province and shall be cited and dealt with and shall have the same force as if each Act had been enacted separately by the House of Assembly in legislative session convened.

Acts repealed

23. The following Acts are repealed:

1. Department of Education Act.

2. Department of Employment and Labour Relations Act.

3. Department of Environment and Lands Act.

4. Department of Finance Act.

5. Department of Fisheries Act.

6. Department of Forestry and Agriculture Act.

7. Department of Health Act.

8. Department of Industry, Trade and Technology Act.

9. Department of Justice Act.

10. Department of Mines and Energy Act.

11. Department of Municipal and Provincial Affairs Act.

12. Department of Social Services Act.

13. Department of Tourism and Culture Act.

14. Department of Works, Services and Transportation Act.

15. President of the Council Act.

16. Rearrangements and Transfers of Duties in the Public Service Act.

17. Solicitor General Act.

Departments continued

24. (1) Notwithstanding the repeal of the Acts referred to in section 23, the departments created by those Acts continue to exist until abolished by the Lieutenant-Governor in Council under the authority of this Act.

(2) The ministers appointed to preside over those departments created by the Acts referred to in section 23 and to exercise the powers and perform the duties assigned to them under those Acts shall, notwithstanding the repeal of those Acts, continue to preside over those departments and to exercise those powers and perform those duties until changed by the Lieutenant-Governor in Council under the authority of this Act.

(3) The administration of the Acts assigned to a minister under an Act referred to in section 23, and the regulations made under those Acts, shall continue to be administered by the minister, notwithstanding the repeal of that Act, until those Acts are assigned to another minister by the Lieutenant-Governor in Council under the authority of this Act.

 

Schedule A

AN ACT RESPECTING EDUCATION

Analysis

1. Short title

2. Definitions

3. Construction

4. Denominational education councils

5. Duties of councils

6. Powers of education councils

7. Money borrowed

8. Authorization to borrow

9. Denominational policy commission

10. Officers of commission

11. Commission's functions

12. Recommendations of commission

13. General advisory committee

14. Appointments, etc.

15. Presiding officers at meetings

16. Proposed legislation

17. Religious education

18. Regulations

19. Certain rights to pension

20. Further rights to pension

Short title

1. This Act may be cited as the Education Act.

Definitions

2. In this Act

(a) "commission" means the Denominational Policy Commission referred to in section 9;

(b) "denominational college" means college established under the Schools Act;

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

(d) "education council" means a denominational education council referred to in section 4;

(e) "executive director" means an executive director of an education council;

(f) "general advisory committee" means the general advisory committee referred to in section 13; and

(g) "minister" means the minister responsible for the administration of this Act.

Construction

3. This Act and the regulations shall be construed and interpreted so as to ensure that no provision of this Act and the regulations shall prejudicially affect a right or privilege with respect to denominational schools or denominational colleges that a class of persons had, either by law in the province at the date of union of Newfoundland with Canada or acquired by law after that date, and to ensure that out of public funds of the province provided for education

(a) all those schools shall receive their share of funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and

(b) all those denominational colleges shall receive their share of grants voted for all denominational colleges then being conducted under authority of the Legislature, those grants being distributed on a non-discriminatory basis.

Denominational education councils

4. (1) A religious denomination for which there existed, immediately before January 21, 1969, legislative provision for a superintendent of education in the department as the department existed immediately before January 21, 1969, shall

(a) alone; or

(b) jointly with one or more or all of the remaining religious denominations

establish a denominational education council outside the department for the purpose of representing, and of being recognized by the province as representing, the religious denomination or denominations for which it is established in carrying out its powers, functions and duties under this Act and another Act in which reference is made to that education council.

(2) An education council shall appoint as an employee of the education council an executive director to act as the official channel of communication between the education council and the minister and the department, and the executive director shall

(a) be a member of the education council; and

(b) be a person acceptable to the minister and be paid a salary of which the minister may approve.

(3) The minister shall from money provided by the Legislature make to an education council an adequate annual grant, based on a non-discriminatory formula, for the purpose of paying the salary of the executive director and of remunerating other necessary employees of the education council and meeting administrative expenses of the education council.

(4) An education council shall, subject to an Act of the Legislature prescribing powers, duties or functions of those persons, prescribe and assign the duties and functions of its executive director and its other employees and notify the minister as to what duties and functions have been prescribed and assigned.

(5) Before establishing an education council under subsection (1), the religious denomination or denominations concerned shall furnish the minister with a copy of a proposed constitution, regulations, by-laws and rules prepared for the proposed education council.

(6) Upon the establishment of an education council, the education council shall furnish the minister with a copy of a constitution, regulations, by-laws and rules of the education council then in existence.

(7) As often as a constitution, regulations, by-laws or rules of an education council are amended or made, the education council shall furnish the minister with a copy of the constitution, regulations, by-laws or rules as amended or made.

(8) The financial year of the education council shall correspond with the financial year of the province.

(9) An education council shall, not later than September 30 in each year, prepare and submit to the minister a financial statement, in a form prescribed by the minister, setting out the assets and liabilities of the education council and the receipts and expenditures of the education council for the previous financial year, together with a report concerning the work of the education council during the previous financial year.

(10) Nothing in this section shall prevent an education council from

(a) according representation on it to; or

(b) permitting observers at its meetings from

religious denominations not referred to in subsection (1), and where representation is accorded to a religious denomination under paragraph (a), the education council may, unless the religious denomination otherwise directs, represent that religious denomination as if it were one of the religious denominations for which it is established under subsection (1).

(11) An education council is a corporation.

(12) A member of the House of Assembly or an employee of the department shall not be a member of an education council.

Duties of councils

5. An education council shall

(a) with respect to the religious denomination or religious denominations represented by it, have responsibility

(i) for making recommendations to the Lieutenant-Governor in Council concerning

(A) the establishment and alteration of boundaries of school districts,

(B) the selection and appointment of members of school boards, and

(C) the dissolution of school boards

under the Schools Act,

(ii) for making recommendations to the Lieutenant-Governor in Council for the purpose of section 3 of the Teacher Training Act, and

(iii) for the development and administration of religious education; and

(b) have responsibility for making recommendations to the minister concerning the selection, training and initial certification of teachers.

Powers of education councils

6. (1) Without limitation of its general powers as a corporation, an education council may

(a) receive lands, buildings, money or other property, by way of gift or trust for public uses or for the use of the education council;

(b) borrow, by way of temporary, interim or long term loans, or raise, or secure the payment of money in a manner that the education council thinks fit and, in particular by the issue of bonds, debentures or other securities and repay the borrowings and purchase, redeem or pay off those securities;

(c) pay interest, premium and sinking fund payments in respect of its borrowings;

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

(e) generally do all things that the education council considers necessary, convenient or advisable for or incidental to the exercise of the powers, functions and duties of the education council under this Act, the Schools Act or another Act.

(2) Without limitation of paragraph (1)(b), an education council may borrow, raise or secure the payment of money for payment over to school boards represented by that education council to meet obligations or commitments or portions of obligations or commitments of those school boards incurred or made before or after June 2, 1971,

(a) in the purchase of land or buildings for; or

(b) in the erection, extension or equipping of

public schools, but only where that education council is of the opinion that funds, from the province, the school boards concerned or other sources, will be forthcoming to enable it to repay those borrowings according to the terms and conditions applicable.

Money borrowed

7. The money authorized to be borrowed under section 6 may be borrowed and repaid in Canadian or United States of America currency, or in the currency of another country or partly in one currency and partly in another, as the education council may approve, and authority for borrowing or repaying that money includes authority to pay those exchange charges that may be applicable to that currency and the interest and premium incurred in respect of the borrowing and to make sinking fund payments in respect of the borrowing.

Authorization to borrow

8. Notwithstanding section 6, an education council shall not borrow money unless authorized by the Lieutenant-Governor in Council to do so.

Denominational policy commission

9. There shall be a denominational policy commission consisting of the minister, the deputy minister, the executive directors and one or more members of the senior executive officers of the department.

Officers of commission

10. (1) The minister shall be chairperson and the deputy minister shall be vice-chairperson of the commission.

(2) Where both the chairperson and the vice-chairperson of the commission are absent, there shall be no meeting of the commission.

Commission's functions

11. The commission shall, subject however to the minister, be responsible for advising the Lieutenant-Governor in Council on all educational policy that affects a right or privilege referred to in section 3 of a religious denomination or religious denominations represented on the commission by an executive director, including educational policy with regard to a right in respect of curriculum and textbooks and with regard to a right in respect of teacher selection and training, but shall not concern itself with general educational policy, administrative or academic, which does not affect a right or privilege.

Recommendations of commission

12. (1) Where the members of the commission are unanimous with respect to a recommendation to be made to the Lieutenant-Governor in Council, the recommendation shall be made to the Lieutenant-Governor in Council by the commission.

(2) Where the members of the commission are not unanimous concerning a recommendation considered by them, each education council shall, either alone, or jointly with another education council or other education councils, make a written report to the Lieutenant-Governor in Council through the minister.

General advisory committee

13. (1) There shall be a general advisory committee, which shall consist of

(a) the minister;

(b) the deputy minister;

(c) one or more senior executive officers of the department;

(d) the heads of the appropriate divisions of the department as selected by the minister;

(e) the executive directors;

(f) 2 persons who shall be representative of the Newfoundland and Labrador School Trustees Association;

(g) 2 persons who shall be representative of the Newfoundland Teachers' Association referred to in the Teachers' Association Act;

(h) one person who shall be representative of the Faculty of Education of the Memorial University of Newfoundland;

(i) one person who shall be representative of the Newfoundland and Labrador Home and School Federation; and

(j) one person who shall be representative of the Newfoundland and Labrador Association of Superintendents.

(2) The general advisory committee shall, subject however to the minister, be responsible for making recommendations to the Lieutenant-Governor in Council on existing educational policy relating to early childhood, primary, elementary and secondary education and to recommend to the Lieutenant-Governor in Council the initiation of a new policy, but where that new policy affects a right or privilege referred to in section 3, the general advisory committee shall refer the matter to the commission for its advice on the policy.

(3) In the absence of an executive director, a representative appointed for the purpose by the appropriate education council may serve on the general advisory committee in the place of that executive director and has and may exercise, during his or her absence, the powers and carry out the duties of that executive director with respect to the general advisory committee.

Appointments, etc.

14. (1) The minister shall be the chairperson and the deputy minister shall be the vice-chairperson of the general advisory committee.

(2) Members of the general advisory committee appointed under section 13 shall hold office during pleasure and may be paid those allowances or remuneration and expenses that the Lieutenant-Governor in Council may authorize.

(3) The Lieutenant-Governor in Council may appoint, provided the alternate member meets with the same requirements of subsection 13(1) that are applicable in respect of a member of the general advisory committee appointed under paragraph 13(1)(f), (g), (h), (i) or (j), in this section referred to as a "regular member", an alternate member for a regular member appointed under those paragraphs.

(4) An alternate member may, during the absence from a meeting of the general advisory committee of the regular member for whom the member is the alternate member, but only during that absence, exercise the powers and carry out the duties of the regular member while the regular member continues to be a member of the general advisory committee.

(5) An alternate member appointed under this section shall hold office during pleasure.

(6) An alternate member automatically ceases to be an alternate member at the same time as the regular member for whom the member is the alternate member ceases to hold office.

(7) While acting as an alternate member under this section, a person shall be paid

(a) a proportion of the allowance or remuneration authorized in respect of a regular member under subsection (2) calculated on the period of time during which the alternate member carries out the duties of the regular member in relation to the period of time during which the regular member carries out his or her duties, and that allowance or remuneration paid the alternate member shall be deducted from the amount which would otherwise be payable to a regular member who carries out the member's full duties without the intervention of the alternate member; and

(b) the same expenses that may be authorized under subsection (2) in respect of the regular member for whom the member is the alternate member.

Presiding officers at meetings

15. (1) The chairperson or, in the absence of the chairperson, the vice-chairperson shall preside at all meetings of the commission or the general advisory committee and the chairperson's decision on all points of order is final.

(2) Where both the chairperson and the vice-chairperson are absent from a meeting of the commission or the general advisory committee, the other members of the committee present shall appoint a temporary chairperson who has and may exercise the powers and shall carry out the duties of the chairperson at the meeting.

Proposed legislation

16. (1) The minister shall, before introducing, or advising the Lieutenant-Governor in Council to introduce, new policy requiring an Act or an amendment to an Act respecting education matters or requiring regulations or amendments to regulations made under an Act, furnish all executive directors with draft copies of the proposed Act, regulations or amendments.

(2) Nothing contained in subsection (1) or in section 11 or 12 shall be considered to bind the minister or the province to adopt a recommendation, proposal or advice referred to in section 11 or 12.

Religious education

17. (1) Nothing contained in this Act shall be considered to derogate from the functions and responsibility of a religious denomination referred to in subsection 4(1) with regard to the provision of religious education, and those functions and responsibility may be reposed by the religious denomination in an education council established under that subsection.

(2) A religious denomination referred to in subsection 4(1) may, subject to an Act of the Legislature, repose in an education council established under subsection 4(1) full or partial responsibility for the development and administration of religious education as it affects the school boards, schools, boards of directors, denominational colleges and teachers of, or in which there is an interest of, the religious denomination and as that education pertains to members of the religious denomination, and the reposing of responsibility shall have effect.

Regulations

18. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act; and

(b) generally to carry out the purpose of this Act.

Certain rights to pension

19. (1) In this section

(a) "pensions Act" means the Public Service Pensions Act, 1991;

(b) "pension plan" means the pension plan established by the pensions Act; and

(c) "superintendent" means a superintendent of education referred to in section 4 and includes an assistant to that superintendent.

(2) The provisions of the pensions Act are, with the necessary changes, considered to apply and to have applied from the date of the commencement of the pensions Act to those executive directors who, immediately before their appointment as executive directors, were superintendents, as if they were at all material times both "employees" and "established civil servants" within the meaning of that Act.

(3) For the purpose of this Act, it is declared that the pensions Act came into force on April 1, 1967.

(4) The service of executive directors who immediately before their appointment as executive directors were superintendents, as

(a) established civil servants before their appointment as executive directors; and

(b) executive directors

shall, for the purpose of the pension plan, be considered as service both as "employees" and "established civil servants" within the meaning of the pensions Act.

(5) Service of executive directors, who immediately before their appointment as executive directors were superintendents, on and after the date of the coming into force of the pensions Act shall not be considered as service both as "employees" and "established civil servants" for the purpose of subsection (4) unless

(a) deductions have been made and are from now on made from their salaries equal to the amounts and in the manner set out in the pensions Act for and in respect of their service, as referred to in subsection (4), done on or after April 1, 1967;

(b) the deductions referred to in paragraph (a) have been and are from now on paid in the manner and for the purpose set forth in the pensions Act; and

(c) payments are made, with respect to the pension plan, equal to the amounts deducted from the salaries of the executive directors under paragraph (a) and paid in accordance with subsection (7).

(6) An education council, which has an executive director who, immediately before the appointment of the executive director, was a superintendent, is authorized and empowered to, and shall, make the deductions referred to in paragraph (5)(a) and pay them over according to paragraph (5)(b).

(7) An education council described in subsection (6) is authorized and empowered to, and shall, make all payments referred to in paragraph (5)(c) into the Consolidated Revenue Fund for the purpose of the pension plan, and that payment shall, subject to the pension plan, be made in the manner and at the times prescribed by the Minister of Finance.

(8) Payments made under subsection (7) shall, for the purpose of section 15, be considered an administrative expense of the education council making them.

(9) The age of retirement of an executive director referred to in subsection (2) shall be the same as that applicable to an "employee" within the meaning of the pensions Act and the executive director shall be entitled to the advanced or deferred pension privileges of that employee.

(10) This section is considered to have come into force on the January 21, 1969.

Further rights to pension

20. (1) The Lieutenant-Governor in Council may, by order, designate employees of education councils, including executive directors not referred to in subsection 19(2), who shall, subject to subsection (2), receive the same benefits and be subject to the same terms and conditions with respect to pensions that are applicable to employees under the pension plan referred to in section 19.

(2) Paragraphs 19(5)(a), (b) and (c) and subsections 19(6), (7), (8) and (9) shall apply, with the necessary changes, to employees of education councils designated under subsection (1).

(3) This section is considered to have come into force on January 21, 1969.

 

Schedule B

AN ACT RESPECTING THE PROTECTION OF THE ENVIRONMENT

Analysis

1. Short title

2. Definitions

3. Property in water

4. Water conservation studies

5. Minister's power re water

6. Approval of waterworks

7. Maintenance of waterworks

8. Approval of sewage works

9. Pollution prohibited

10. Public water supplies

11. Approval of commercial use

12. Stopping orders

13. Appeal

14. Regulations

15. Powers of inspectors

16. Access to records

17. Entry on land

18. Prohibition

19. Offences

20. Consent to prosecution

21. Action to recover costs

Short title

1. This Act may be cited as the Environment Act.

Definitions

2. In this Act

(a) "beneficial use" means a use of water, including the method of diversion, storage, transportation and application, that is reasonable and consistent with the public interest in the proper utilization of water resources, including but not limited to domestic, agricultural, industrial, power, municipal, navigational, fish and wild life and recreational uses;

(b) "body of water" means a surface or subterranean source of fresh or salt water within the jurisdiction of the province, whether that source usually contains water or not, and includes water above the bed of the sea that is within the jurisdiction of the province, a river, stream, brook, creek, watercourse, lake, pond, spring, lagoon, ravine, gully, canal and other flowing or standing water and the land usually or at a time occupied by that body of water;

(c) "land" means all land within the province and includes land covered by water;

(d) "licence" means a licence issued under this Act;

(e) "minister" means the minister responsible for the administration of this Act;

(f) "municipal authority" includes

(i) the City of St. John's,

(ii) the City of Corner Brook,

(iii) the City of Mount Pearl, and

(iv) a local service district committee or the council of a community, town or region constituted or continued under the Municipalities Act;

(g) "person" includes a body of persons whether incorporated or not;

(h) "pollution" means an alteration of the physical, chemical, biological or aesthetic properties of air, soil or waters of the province, including a change of temperature, taste or odour, or the addition of a liquid, solid, radio-active, gaseous or other substance to the air, soil or waters, or the removal of those substances from the air, soil or waters, which will render or is likely to render the air, soil or waters of the province harmful to the public health, safety or welfare, or harmful or less useful for domestic, agricultural, industrial, power, municipal, navigational, recreational or other lawful uses, or for animals, birds, or aquatic life;

(i) "sewage" includes residential, municipal, commercial or industrial waterborne or solid wastes, which would, if left untreated, cause pollution, but does not include drainage and storm water collected from natural run-off;

(j) "sewage works" means works for or incidental to the collection, transmission, treatment and disposal of sewage, or a part of those sewage works;

(k) "water resources" means all bodies of water in the province;

(l) "waterworks" means a public, commercial or industrial works for the collection, production, treatment, storage, supply and distribution of water, or a part of those waterworks; and

(m) "works" includes all property, buildings, erections, plant, machinery, installations, materials, dams, canals, devices, fittings, apparatus, appliances and equipment.

Property in water

3. (1) The property in and the right to the use and flow of all water at a time in a body of water in the province are for all purposes vested in the Crown, and no right to divert or use water or a body of water may be acquired by prescription.

(2) Notwithstanding subsection (1), the property in and the right to the use and flow of all water vested in the Crown by virtue of subsection (1) shall be subject to rights of property, use and flow conferred on a municipal authority or person by or under an Act of the province or a valid grant, lease, licence or other instrument.

(3) Nothing in this section or an Act of the province or a valid grant, lease, licence or other instrument shall confer or be construed to confer the right or privilege of water pollution to the degree beyond that which is prescribed by the regulations as constituting a polluted or unwholesome condition, or tending to that condition or a right or privilege which would have the effect of excluding or limiting the right of control conferred by this Act or the regulations on the minister in respect of the pollution of water, and those rights or privileges held immediately before December 18, 1989 whether those rights or privileges are held by an Act or by a valid grant, lease or licence or by the operation of law or otherwise are forever extinguished and barred.

Water conservation studies

4. (1) The minister may order studies to be made of bodies of water within the province for the purpose of assembling the fullest possible information on the quantity, quality, character, location and use or possible use of those bodies of water, and respecting matters which the minister considers advisable in the interests of the present or future conservation, development, control, improvement or proper utilization of those bodies of water or in the interests of the compilation of information of value to the province in or for that conservation, development, control, improvement or proper utilization.

(2) The minister shall make a written report to the Lieutenant-Governor in Council on the results of studies carried out under subsection (1), and copies of the report shall be laid before the House of Assembly at the next session after the report is made to the Lieutenant-Governor in Council.

(3) The minister shall, in the report referred to in subsection (2), make recommendations for carrying out the purpose and intent of this Act, including recommendations respecting reforestation or other ancillary water conservation, development or improvement measures.

Minister's power re water

5. Subject to the Municipal Affairs Act, the minister shall have control of

(a) the use of all surface, ground and shore waters;

(b) the allocation of the use of waters;

(c) pollution of air, soil and water originating within the jurisdiction of the province; and

(d) alteration of the natural features of a body of water and the natural movement of water in a body of water.

Approval of waterworks

6. (1) Where a municipal authority or person contemplates the establishment of waterworks, or the extension of or change in existing waterworks, the plans, specifications and an engineer's report of the water supply and the works to be undertaken, together with other information that the minister may require, shall be submitted to the minister, and no work shall be undertaken or proceeded with until the source of water supply and the proposed works have been approved, in writing by the minister.

(2) Where a municipal authority or person undertakes or proceeds with the establishment of waterworks or the extension of or change in an existing waterworks, without first obtaining the approval referred to in subsection (1), the minister may order an investigation of the works and the source of water supply and may order those changes to be made in the works or in the source of water supply, that the minister considers necessary, and the investigation and changes shall be made at the expense of the municipal authority or person.

(3) Where, in the opinion of the minister, it is in the public interest to do so, the minister may refuse to grant his or her approval or may grant his or her approval on those terms and conditions that the minister considers necessary.

(4) Where, in the opinion of the minister, the quality or property of water in an existing waterworks is in a polluted or unwholesome condition or an existing waterworks requires alteration, the minister may order the alteration or additions, that may be considered necessary, to be made by and at the expense of the municipal authority or person operating the waterworks and in a manner and within a time that the minister directs.

Maintenance of waterworks

7. Waterworks referred to in section 6 shall at all times be maintained, kept in repair and operated in a manner and with those facilities that the minister directs.

Approval of sewage works

8. (1) A person or municipal authority shall, before

(a) the construction of sewage works or the extension of or change in sewage works; or

(b) the construction of an industrial or processing works which will, when established and in operation, emit smoke, vapour or gas into the open air, or the extension or change in an existing industrial or processing works which will, when the extension or change is completed and in operation, emit smoke, vapour or gas into the open air,

submit to the minister the plans, specifications and an engineer's report of the works to be undertaken and the location of the discharge of the effluent or emission, together with other information that the minister may require, and the works shall not be undertaken or proceeded with until the proposed works have been approved in writing by the minister.

(2) Where a person or municipal authority undertakes or proceeds with the construction, extension or change of the works referred to in subsection (1), without first obtaining the approval referred to in that subsection, the minister may order an investigation of the works and the location of the discharge of effluent or emission and may order changes to be made in the works or in the location of the discharge of effluent or emission that the minister considers necessary, the investigation and changes to be made at the expense of the person or municipal authority.

(3) The minister may, after considering the plans, specifications, report and other information that may be required by the minister under subsection (1), and after considering also the regulations relating to qualities, properties and treatment of sewage or standards of emission for gaseous or particulate substances, grant approval to the construction of the proposed works, which approval may be given subject to those terms and conditions that may be warranted by the preceding considerations.

(4) Where, upon receiving information that

(a) sewage requires sewage works;

(b) existing sewage works require alteration; or

(c) smoke, vapour or gas that is emitted from industrial or processing works is likely to pollute the air,

the minister may order alterations or additions, that may be necessary, to be made by and at the expense of the municipal authority or person operating the facility and in a manner and within a time that the minister directs.

(5) The works referred to in subsection (1) shall at all times be maintained, kept in repair and operated in a manner and with those facilities that may be directed by the minister.

Pollution prohibited

9. Subject to the regulations, a municipal authority or person shall not discharge or deposit material of any kind into a body of water or on a shore or bank of a body of water or in a place that may cause pollution or impair the quality of water for a beneficial use.

Public water supplies

10. (1) The minister may define and prescribe an area surrounding a source of public water supply, and the municipal authority or person operating a waterworks and using water from that source shall

(a) give notice of the area so defined and prescribed by publication or otherwise; and

(b) protect that source of public water supply.

(2) In a defined and prescribed area, a person shall not

(a) place, deposit, discharge or allow to remain in the prescribed area material of a kind that might impair the quality of the water; or

(b) fish, bathe, swim or wash in or otherwise impair the quality of the water.

(3) Notwithstanding subsection (2), where the minister is satisfied upon the advice of his or her officials that the nature and size of a public water supply area is sufficiently large to preclude pollution by a person, the minister may define and prescribe a section of the public water supply area to be used by persons for fishing, boating, swimming, washing or other activity prescribed by the regulations.

Approval of commercial use

11. (1) Where a municipal authority or person contemplates a hydro-electric power project, a control dam, a river diversion, a drainage diversion or an alteration of a body of water or of water flow in it, the plans and other information that the minister may require shall be submitted to the minister, and no proposed work shall be undertaken or proceeded with until approved in writing by the minister.

(2) Subsection 8(3) shall apply to an approval by the minister under this section in so far as it affects a body of water to which subsection 3(2) applies.

Stopping orders

12. (1) The minister may, on receiving a report from his or her officials or from the commission or a local advisory commission that a condition exists which is causing or is likely to cause pollution of the air, soil or a body of water, make an order to protect the environment from that condition and to prevent, restrict or prohibit an activity which in the minister's opinion is giving rise to or is likely to give rise to that condition and may make an order stopping works or operations, in this and the next succeeding section referred to as a "stopping order", either permanently or for a period that is specified in the order.

(2) The minister shall serve on the owner or person in charge of the works or the operations affected by the stopping order a copy of the order and a statement showing the reasons for the making of the order, and upon receipt of that copy and statement, the owner or person in charge of the works or operations shall ensure that the works or operations are stopped.

Appeal

13. (1) The owner or other person aggrieved by a stopping order may

(a) in the case of a stopping order directing a permanent stoppage, within 60 days from the date of the order; or

(b) in the case of a stopping order directing stoppage for a period that is not permanent, at a time during that period,

appeal against the order to a judge of the Trial Division by filing a notice of the appeal in the office of the Registrar of the Supreme Court and by serving a copy of the notice of appeal on the minister or deputy minister.

(2) Notwithstanding a rule or practice to the contrary, the notice of appeal shall

(a) set out in detail the allegations of the appellant and the grounds upon which the order is appealed against; and

(b) be signed by the appellant or the appellant's solicitor.

(3) The appellant shall, within 14 days after service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the deputy minister a written notice of the day appointed for the hearing.

(4) The minister shall produce before the judge hearing the appeal all papers and documents in his or her possession affecting the matter of the appeal.

(5) The judge shall hear the appeal and the evidence brought forward by the appellant and the Crown in a summary manner and shall decide the matter of the appeal by

(a) upholding, amending or revoking the stopping order after considering, upon all matters submitted to him or her, whether the works or operations did constitute a condition which did pollute or was likely to pollute the air, soil or a body of water; or

(b) making another decision which the judge considers to be proper in the circumstances,

and with power also to make orders as to costs for or against the appellant or the Crown and to fix the amount of the costs.

(6) An appeal may be taken from the decision of the judge of the Trial Division to the Court of Appeal upon a point of law raised upon the hearing of the appeal, and the rules governing appeals to that court from a decision of a judge of the Trial Division shall apply to appeals under this subsection.

(7) The filing of a notice of appeal under this section, or the appeal itself, shall not affect the stopping order, which shall remain in force pending the outcome of the appeal.

Regulations

14. (1) The Lieutenant-Governor in Council may make regulations

(a) providing for the inspection and testing of air, soil or bodies of water;

(b) prohibiting, restricting and regulating the use of water from a specified body of water generally for household, industrial, commercial or irrigation purposes;

(c) prescribing what qualities and properties of air, soil or water shall constitute a polluted condition or an unwholesome condition;

(d) preventing or restricting the pollution, discolouration or rendering unwholesome of bodies of water;

(e) prescribing standards of quality of water supplies intended for household, industrial or irrigation purposes, with power to adopt, with or without modification, published codes, rules or standards relating to water quality;

(f) subject to the terms and conditions of a permit issued under the regulations made under paragraph (h), regulating the qualities and properties of and prohibiting or restricting the discharge of sewage and waste effluents that may be discharged into sewage works, public sewage systems, bodies of water, sea waters from a source within the province, or on or into the soil;

(g) prescribing methods of treatment of sewage and waste effluents that may be discharged into sewage works, public sewage systems, bodies of water, sea waters from a source within the province, or on or into the soil;

(h) providing for the issuance of permits on terms and conditions that may be described in the permit to persons or groups of persons for the discharge of sewage and waste effluents, and in a permit provision may be made exempting those persons or groups from compliance in whole or in part with regulations made under paragraph (f);

(i) providing for the investigation of complaints of

(i) the pollution or rendering unwholesome of bodies of water,

(ii) acts tending to pollution or unwholesomeness, and

(iii) acts detrimental to the conservation, development, control, improvement or proper utilization of the water resources of the province;

(j) regulating the use for pleasure or recreation of bodies of water;

(k) requiring a person who has caused a body of water, or part of a body of water, or soil on an area of land to become polluted or unwholesome to cleanse, disinfect or purify it at his or her own cost and expense, and prescribing how and when that cleansing, disinfection or purification is to be carried out;

(l) regulating the use for pleasure or recreation of public water supplies under section 10;

(m) prescribing the type and manner of protection of water supplies under subsection 10(1);

(n) prescribing the types of activities for the purpose of subsection 10(3);

(o) regulating the method of the carrying on of businesses, trades or industries which in the opinion of the minister, if not so regulated, would or might cause pollution or the rendering unwholesome of a body of water or would or might be detrimental to the proper conservation, development, control, improvement or utilization of the water resources of the province;

(p) preventing or restricting the pollution of the air;

(q) providing for the investigation of complaints of air pollution;

(r) prescribing standards of emission for gaseous or particulate substances emitted to the air from a public, industrial or commercial works;

(s) preventing or restricting pollution of the soil;

(t) providing for the licensing of persons with respect to the use of water from a specified body of water or bodies of water generally for a specified household, industrial, commercial or irrigation purpose and fixing the licence fees payable by those persons at different amounts;

(u) providing for the form of licences and the terms and conditions upon which licences may be issued, refused, renewed, suspended or revoked;

(v) prohibiting persons from using water from a specified body of water or bodies of water generally for specified household, industrial, commercial or irrigation purpose, except under authority of a licence;

(w) requiring and prescribing returns, accounts, records and statements to be made by persons holding licences and other persons, the information to be given in those returns, accounts, records and statements, and by whom and in what manner and at what time they shall be made;

(x) providing for the holding of inquiries into a complaint referred to in paragraph (i) or into the operation of this Act or into a charge or complaint that a person has contravened this Act or the regulations, or has made a false statement in a form, return, account or statement required to be made under this Act or the regulations, or into another matter arising in the administration of this Act, and providing that the person holding the inquiry shall have all of the powers that are or may be conferred upon a commissioner by or under the Public Inquiries Act, including the power to take evidence under oath or affirmation;

(y) providing for the issuance by the minister of orders designed to prevent or remedy the pollution or rendering unwholesome of the air, soil or a body of water;

(z) providing for the appointment of inspectors and other officers to carry out and enforce this Act and the regulations and prescribing their powers, duties and functions;

(aa) adopting by reference in whole or in part with or without modification and a supplement or amendment

(i) regulations of the Government of Canada, and

(ii) a code, rule or standard adopted by a recognized engineering association in Canada, Great Britain or the United States of America,

relating or capable of application to matters set out in this section;

(bb) exempting from the regulations or a portion of the regulations a person or class of persons; and

(cc) generally, to give effect to the purpose of this Act.

(2) Regulations may be made under subsection (1) to apply to the whole of the province or may be restricted in their application to specified areas of the province and may be limited as to time or otherwise.

(3) A copy of regulations, codes, rules or standards and amendments or supplements made to them, as adopted by reference under paragraph (1)(aa) signed by the minister, shall be kept on record in the department and shall be available for inspection by members of the general public.

(4) The copy of regulations, codes, rules or standards referred to in subsection (3) as signed by the minister is the copy of the regulations, codes, rules or standards adopted or varied by the Lieutenant-Governor in Council under subsection (1), notwithstanding that a revised set of regulations, codes, rules or standards has been made.

(5) An alleged infringement of the regulations made under paragraph (1)(aa) is to be governed by the copy of the regulations, codes, rules or standards signed under subsection (3).

(6) A certificate of the minister that a document is a copy of regulations, codes, rules or standards or a supplement or amendment to them, or an extract of them, is, in the absence of evidence to the contrary, proof that the document is a true copy of the original.

(7) Every person who contravenes the regulations made under subsection (1) or an order made under the regulations is guilty of an offence and is liable on summary conviction to the penalty prescribed under subsection (8).

(8) The minister may, in regulations made under subsection (1), prescribe penalties for offences under subsection (7).

(9) The conviction of a person for contravening the regulations or an order made under the regulations shall not operate as a bar to further prosecution for the continued contravention of the regulation or order.

Powers of inspectors

15. An inspector or other officer appointed under this Act or the regulations may at all reasonable times, so long as it is reasonably necessary to determine compliance with this Act, enter on to land or a body of water for the purpose of carrying out his or her duties, powers and functions, including inspecting and testing air, soil or a body of water.

Access to records

16. The minister, or a person appointed by the minister for the purpose, shall have authority to inspect the works, books, accounts, papers and records of a person licensed to use water under the regulations made under paragraph 14(1)(t) as may be relevant to that use.

Entry on land

17. (1) The minister, after giving

(a) to the owner of land, where the owner is known and available and can easily be contacted; or

(b) to the occupier of occupied land, whether or not the occupier is the owner of the land, where the owner lives on a part of the land or is known and available and can easily be contacted,

reasonable notice, may authorize an engineer, agent, servant or worker employed by the minister to enter into and upon the land and survey the land and make those borings or sink those trial-pits and cut those trees that the minister considers necessary relative to the work under his or her control and where agreement cannot be reached between the minister and the party having ownership of the land as to compensation to be paid, the amount of compensation shall be ascertained in the manner provided by law for assessing the compensation payable where land is expropriated.

(2) The minister shall, by his or her engineers, agents, servants, and workers,

(a) in doing anything authorized by subsection (1), exercise reasonable precautions to prevent fires; and

(b) fill in, as soon as practicable, the borings and trial-pits referred to in subsection (1), as nearly as reasonably possible to the condition existing before the borings were made and the trial-pits were sunk.

Prohibition

18. A person shall not

(a) obstruct or interfere with an engineer, agent, servant or worker of the minister engaged in exercising, on behalf of the minister, a power under this Act; or

(b) interfere with an erection placed upon or work done on land under this Act.

Offences

19. (1) A municipal authority or person who contravenes this Act or the regulations or an order made under this Act or the regulations, or makes a false statement in an application, form, return, account, record, statement, or other document completed or made under this Act or the regulations, is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction,

(a) in the case of a corporation, including a municipal authority, to a fine of not more than $25,000; and

(b) in the case of a person not being a municipal authority or corporation to a fine of not more than $1,000 and, in default of payment to imprisonment for a term not exceeding 6 months, or to both a fine and imprisonment.

(2) Every continuance for a day or a part of a day of the contravention referred to in subsection (1) constitutes a separate offence.

Consent to prosecution

20. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

Action to recover costs

21. Where pollution occurs and the person or municipal authority that the minister considers responsible for the occurrence of the pollution fails to do the things that the minister considers are appropriate to prevent, control, eliminate or ameliorate the pollution, the minister may take appropriate action to prevent, control, eliminate or ameliorate the pollution and the costs incurred by the minister in taking that action are a debt due the Crown and are recoverable from the person or municipal authority that the minister considers responsible for the occurrence of the pollution.

 

Schedule C

AN ACT RESPECTING THE FISHERY

Analysis

1. Short title

2. Definitions

3. Information from fish business or enterprise

4. Secrecy

5. Information may be made available

6. Offences re ss.3 and 4

7. Regulations

8. Consent to prosecution

Short title

1. This Act may be cited as the Fisheries Act.

Definitions

2. In this Act

(a) "department" means the department presided over by the minister; and

(b) "minister" means the minister appointed to administer the department.

Information from fish business or enterprise

3. (1) A person who manages, directs or has control of a fish business or enterprise or has the control, custody or possession of the accounts, documents or records relating to a fish business or enterprise shall, at the written request of the minister and within a reasonable time that the minister may specify in the request,

(a) provide copies of the accounts, documents or records of that business or enterprise;

(b) provide information that is sought in respect of that business or enterprise or in respect of the accounts, documents or records of that business or enterprise; and

(c) grant access to the accounts, documents or records of that business or enterprise for the purpose of examination by an employee of the department.

(2) In this section "fish business or enterprise" means a business or enterprise that includes in its operations

(a) the catching, producing, processing, buying, selling, exporting or marketing of fish or fish products; or

(b) the manufacture, importation, distribution, purchase or sale of gear, engines, equipment or other supplies used in fishing or in equipping a boat or vessel for fishing activity; or

(c) the construction, manufacturing, importation, distribution, purchase or sale of fishing vessels or hulls to be outfitted as fishing vessels and materials to be used in the construction, repair or modification of those vessels,

but does not include a business or enterprise described in paragraph (a) that operates wholly as a retail outlet.

Secrecy

4. (1) The minister shall keep every return secret and, except for the purpose of a prosecution under this Act, shall not permit a person other than an employee of the department to have access to a return.

(2) An employee of the department shall not disclose or permit to be disclosed to a person other than the minister or another employee of the department a return or part of a return coming to his or her knowledge which can be identified with or related to an individual return or individual person.

(3) Notwithstanding subsections (1) and (2), the minister may, with the written consent of the person from whom a return is obtained, disclose information in that return.

(4) In this section and section 5, "return" means information, oral or written, obtained as a result of a request under this section or section 5.

Information may be made available

5. The department may analyze and compile information and statistics from returns and may, with the consent of the minister, make general information and statistics available by publication or otherwise

(a) to a fisher or fisher's organization or association;

(b) to an employer or employers' organization or association engaged in or connected with the fishing industry; and

(c) to a department of government or to another department, body or person.

Offences re ss.3 and 4

6. (1) A person who wilfully fails to comply with a request made under section 3 is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 for every day or part of a day during which the offence occurs or continues and in default of payment of the fine, to imprisonment for a term not exceeding one year or to both a fine and imprisonment.

(2) A person who wilfully gives false or misleading information in a return or in response to a request made under section 3 is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 and in default of payment of the fine, to imprisonment for a term not exceeding one year or to both a fine and imprisonment.

(3) A person who has the control, custody or possession of the accounts, documents or records referred to in section 3 and who, within 6 months of a request being made under that section, wilfully destroys, mutilates or falsifies those accounts, documents or records is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 and in default of payment of the fine to imprisonment for a term not exceeding one year or to both a fine and imprisonment.

(4) An employee of the department who knowingly discloses information contrary to subsection 4(2) or an employee disclosing information which would if disclosed by the employee constitute an offence under that subsection is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 for every disclosure and in default of payment of the fine to imprisonment for a term not exceeding one year or to both a fine and imprisonment.

Regulations

7. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act; and

(b) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

Consent to prosecution

8. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

 

Schedule D

AN ACT RESPECTING THE
ADMINISTRATION OF MUNICIPAL AFFAIRS

Analysis

1. Short title

2. Definitions

3. Waterworks

4. Inspection of municipal records

5. Statement of accounts by banks

6. Procedure on irregularity

7. Plebiscites

8. Voters

9. Regulations re plebiscites

10. Regulations

11. Intermunicipal questions

12. Entry on land

13. Prohibition

14. Offences

15. Consent to prosecution

Short title

1. This Act may be cited as the Municipal Affairs Act.

Definitions

2. In this Act

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

(b) "land" means real property and includes a right or interest in, to, over, under or affecting land, including rights-of-way, works, water, water rights, water powers and water privileges;

(c) "minister" means the minister responsible for the administration of this Act;

(d) "municipal area" means the area in which a municipal authority has jurisdiction;

(e) "municipal authority" means

(i) the City of Corner Brook,

(ii) the City of Mount Pearl,

(iii) the City of St. John's,

(iv) a local service district committee or the council of a town, community or region constituted or continued under the Municipalities Act, and

(v) a regional government established by or under an Act;

(f) "waterworks" means a public, commercial or industrial works for the collection, production, treatment, storage, supply and distribution of water, or a part of those waterworks; and

(g) "works" includes all property, buildings, erections, plant, machinery, installations, materials, dams, canals, devices, fittings, apparatus, appliances and equipment.

Waterworks

3. (1) Subject to the approval of the Lieutenant-Governor in Council and to the Environment Act, and regulations and orders made under that Act, the minister may by himself or herself or through a body approved by the minister, construct, take over, operate or manage those waterworks that it may be in the public interest to construct, take over, operate or manage, and the minister or that body approved by the minister shall have all powers for or incidental to the construction, taking over, operation or management, including powers to set user charges that the minister or that body considers desirable and charge and collect from a municipal authority or person user charges.

(2) The user charges referred to in subsection (1) may be set at a uniform rate or at different rates for different types of use or for different municipal authorities or persons.

(3) Where it is necessary, to give effect to the purpose of this section, to acquire, by expropriation, land, the expropriation may be made in the manner prescribed by the Public Utilities Acquisition of Lands Act for the expropriation of land or an interest in land by a public utility, and compensation shall be assessed and paid in the manner provided by that Act.

Inspection of municipal records

4. (1) Inspectors shall be appointed in the manner authorized by law, and they shall, as required by the minister, examine and inspect all books of record and account, all bank books, assessment and collection rolls and all other papers and matters belonging to a municipal authority.

(2) The books and records of every municipal authority shall be inspected under subsection (1) at least once in every year, and the minister may order a special inspection in the case of a municipal authority whenever the minister considers it advisable or upon the request of the municipal authority setting out clearly the reason why in the opinion of the municipal authority the special inspection is considered necessary.

(3) An inspector has power to require the attendance of an officer of the municipal authority or of another person whose presence the inspector may consider necessary during the course of his or her inspection and the inspector has the same power that is exercisable by a judge or court in civil cases to compel the attendance of the officer or person before him or her, to compel the production of documents and to take evidence under oath or affirmation and to administer the oath or affirmation.

(4) Whenever required to do so by an inspector, an officer of a municipal authority shall produce for examination and inspection all books, records, papers, documents and other property of the municipal authority in his or her possession.

(5) After the completion of the inspection of the books and records of a municipal authority, the inspector shall make a report on the inspection to the minister and to the municipal authority in the form prescribed by the minister.

(6) An inspector shall see that the regulations made by the minister respecting the methods of bookkeeping, accounting, recording and auditing of municipal affairs are carried out by the officers of a municipal authority.

(7) A person summoned in accordance with subsection (3) or required to produce in accordance with subsection (4) who neglects or refuses to attend and be examined or to produce for examination and inspection a book, record, paper, document or other property which that person is required to produce is guilty of an offence and liable on summary conviction to a penalty of $200 and to a further penalty of $20 for every day during which that person neglects or refuses to do so.

(8) All officers of the department shall by virtue of their office have the powers of inspectors appointed under this section for the purpose of this Act.

Statement of accounts by banks

5. A bank or agency of a bank or another similar institution carrying on business in the province shall, upon request of the minister, provide the minister with a statement showing the balance or condition of the account of a municipal authority having an account with that bank or agency, together with particulars of the account that the minister may require.

Procedure on irregularity

6. (1) Where the minister is satisfied, upon the report of an inspector appointed under section 4 or in another manner, that the affairs of a municipal authority are managed in an irregular, improper or improvident manner, the minister may by order in writing

(a) direct the municipal authority or an officer of the municipal authority to take action that the minister considers necessary or advisable in the circumstances; or

(b) subject to the approval of the Lieutenant-Governor in Council, dismiss the municipal authority or a member of the municipal authority.

(2) Where direction given by the minister under paragraph (1)(a) is not carried out to the minister's satisfaction, the minister may by order in writing

(a) dismiss an officer of the municipal authority; or

(b) subject to the approval of the Lieutenant-Governor in Council, dismiss the municipal authority or a member of the municipal authority.

(3) In the case of the dismissal of a municipal authority or of a member of a municipal authority, the minister may by order in writing direct the election of a new municipal authority or of a member to take the place of the authority or member dismissed, and, where an officer is dismissed, the minister may appoint another officer in his or her place and prescribe the remuneration which shall be payable to him or her by the municipal authority.

(4) Notwithstanding anything which may be to the contrary in the Municipalities Act, where an election is held under subsection (3) a member of the dismissed municipal authority and a member dismissed from a municipal authority is not qualified to be elected as a member of the new municipal authority or as a member of the municipal authority from which he or she was dismissed or of a different municipal authority where the election is held within 2 years after the date of the dismissal.

(5) The minister may, upon the dismissal of a municipal authority, upon the failure to nominate and elect a municipal authority where the minister has ordered a new election under subsection (3), or where the number of members or councillors of a municipal authority are less than a quorum, appoint, by order in writing, an official administrator or a commission of administration of 3 persons.

(6) Where the minister appoints an administrator or commission under this section, sections 480 to 494 of the Municipalities Act apply with the necessary changes.

Plebiscites

7. (1) The minister may order that a plebiscite be held in an area defined in the order to ascertain the views of the residents of that area on a matter related to local government.

(2) An order made under subsection (1) may

(a) set the date of the holding of the plebiscite;

(b) set the question to be voted on in the plebiscite; and

(c) appoint a returning officer and other persons to administer the holding of the plebiscite.

(3) The results of a plebiscite held under subsection (1) are not binding on the minister.

Voters

8. (1) A person who

(a) is a Canadian citizen 18 years of age or over; and

(b) has resided in the area in which the plebiscite is to be held for a period of not less than one year immediately before the date of the plebiscite,

may vote in a plebiscite ordered under section 7.

(2) The minister may direct the taking of a list of voters to ascertain those persons entitled to vote in a plebiscite ordered under section 7.

Regulations re plebiscites

9. The minister may make regulations

(a) prescribing the form of the ballots and other documents to be used in a plebiscite;

(b) prescribing the fees to be paid to a returning officer and other persons administering a plebiscite;

(c) prescribing the procedure for giving notice of a plebiscite; and

(d) for other purposes related to the holding of a plebiscite.

Regulations

10. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) prescribing the system of bookkeeping, accounting, recording and auditing to be used by municipal authorities and officers or employees of municipal authorities;

(c) prescribing books and forms to be used by municipal authorities and officers or employees of municipal authorities in their bookkeeping, accounting, recording and auditing;

(d) respecting a matter or thing conducive to a thorough and systematic conduct of their affairs by municipal authorities and the officers and employees of municipal authorities;

(e) providing for the holding of inquiries into the operation of this Act and into a charge or complaint that a person who has contravened this Act or the regulations, or has made a false statement in a form, return, account or statement required to be completed or made under this Act or the regulations, or into other matters arising in the administration of this Act, and providing that the person holding the inquiry shall have all of the powers that are or may be conferred upon a commissioner by or under the Public Inquiries Act, including the power to take evidence under oath or affirmation; and

(f) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

(3) For the purpose of paragraphs (1)(b) and (c), the minister may furnish municipal authorities with sample sets of books and forms which the minister considers necessary or advisable for the proper carrying out of the regulations.

(4) The Lieutenant-Governor in Council may, with respect to paragraphs (1)(b) and (c), prescribe different systems, books and forms for the several classes of municipal authorities, may prescribe a specific system and specific books and forms for a specified municipal authority and may exempt a specified municipal authority from compliance with some or all of the regulations.

Intermunicipal questions

11. The minister has power to settle, adjust and decide questions arising between different municipal authorities respecting the rights, powers and duties conferred upon them by an Act.

Entry on land

12. (1) The minister, after giving

(a) to the owner of land, where the owner is known and available and can easily be contacted; or

(b) to the occupier of occupied land, whether or not the occupier is the owner of the land, where the occupier lives on a part of the land or is known and available and can easily be contacted,

reasonable notice, may authorize an engineer, agent, servant or worker employed by or under the minister to enter into and upon the land and survey the land and make those borings or sink those trial-pits and cut those trees that the minister considers necessary relative to the work under his or her control and where agreement cannot be reached between the minister and the party having ownership of the land as to compensation to be paid, the amount of compensation shall be ascertained in the manner provided by law for assessing the compensation payable where land is expropriated.

(2) The minister shall, by his or her engineers, agents, servants and workers,

(a) in doing anything authorized by subsection (1), exercise reasonable precautions to prevent fires; and

(b) fill in, as soon as practicable, the borings and trial-pits referred to in subsection (1), as nearly as reasonably possible to the condition existing before the borings were made and the trial-pits were sunk.

Prohibition

13. A person shall not

(a) obstruct or interfere with an engineer, agent, servant or worker of the minister engaged in exercising on behalf of the minister power under this Act; or

(b) interfere with an erection placed upon or work done on land under this Act.

Offences

14. (1) A person who contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a first conviction to a fine not exceeding $500 and in the case of a second or subsequent conviction of or a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a second or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions that are not second or subsequent convictions are considered first convictions.

(3) Every continuance for a day or part of a day of the contravention referred to in subsection (1) constitutes a separate offence.

Consent to prosecution

15. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

 

Schedule E

AN ACT RESPECTING THE PROTECTION OF THE HEALTH OF THE PUBLIC

Analysis

1. Short title

2. Definitions

3. Officials shall respond

4. Boards, committees and councils

5. Entry into building or on land

6. Interference or obstruction

7. Photographs

8. Restricted areas

9. Removal of sewage facilities

10. Dwelling unfit for habitation

11. Regulations

12. Offence

13. Penalty

14. Consent to prosecution

Short title

1. This Act may be cited as the Public Health Act.

Definitions

2. In this Act

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

(b) "health officer" means an officer of the department designated as a health officer by the minister;

(c) "inspector" means an officer of the department designated as an inspector by the minister;

(d) "medical health officer" means a medical practitioner registered and entitled to practise medicine in the province and designated as a medical health officer by the minister;

(e) "minister" means the minister responsible for the administration of this Act; and

(f) "municipal authority" includes the City of St. John's, the City of Corner Brook, the City of Mount Pearl, and a town council, community council, local service district committee and regional council established or continued under the Municipalities Act or another Act.

Officials shall respond

3. (1) Every official of a public institution, medical health officer, clerk or secretary of a municipal authority, chairperson or secretary of a school board, medical practitioner, nurse, dentist, dental surgeon, optometrist, pharmaceutical chemist, chemist and druggist shall, in relation to matters affecting public health,

(a) answer promptly all communications from the department;

(b) collect and tabulate facts and statistics according to instructions given him or her by the department; and

(c) supply correct information as to all matters submitted to him or her.

(2) A person mentioned in subsection (1) who does not comply with subsection (1) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding $25 or to both a fine and imprisonment and in default of payment of the fine to additional imprisonment for a term not exceeding 7 days.

Boards, committees and councils

4. (1) The Lieutenant-Governor in Council may by order establish regional community health boards, which shall be corporations, to direct the delivery of health and continuing care services, other than hospital services, in the province.

(2) An order made under subsection (1) shall be subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

(3) The minister may make regulations generally respecting community health programs.

Entry into building or on land

5. Every health officer, inspector or other person designated by the minister or authorized by the chief medical health officer may enter into and go upon a building, structure or land in the exercise of a power or the performance of a duty under this Act or the regulations and may make those orders and give those directions with regard to the structural alteration of the building or structure, the elimination of existing or potential insanitary conditions, or with respect to another matter that he or she considers advisable in the interest of the public health.

Interference or obstruction

6. A person shall not interfere with or obstruct a health officer in the performance or exercise of a power or duty conferred upon him or her by this Act or the regulations.

Photographs

7. A health officer, inspector or other person designated by the minister or authorized by the chief medical health officer may, in the performance of a duty under this Act or the regulations, take photographs of existing or potential insanitary conditions or with respect to another matter that he or she considers advisable in the interest of the public health.

Restricted areas

8. (1) Notwithstanding the Municipalities Act, or other Act or law, the minister may by order declare an area within or outside a municipality to be a restricted area, and the area so declared shall be defined in the order.

(2) The minister shall publish in the Gazette and in a newspaper published or circulating in the area to which the order applies an order made under subsection (1), and the order shall come into effect from the date stated in the order or, if none is stated, then from the date of publication in the Gazette.

(3) The minister may issue permits for the erection, construction, renovation or extension of buildings or sewage facilities in a restricted area and each permit shall be issued subject to those terms and conditions that the minister may mention in or attach to or prescribe in respect of the permit and the terms and conditions may differ in respect of different restricted areas or in respect of different permits in the same restricted area in different circumstances.

(4) The owner and the builder or maker shall, at all times during the erection, construction, renovation, or extension of a building or sewage facility under a permit granted under subsection (3), affix and keep affixed in a conspicuous position upon or adjacent to the erection or construction a placard which the minister shall furnish reading, "Permit granted by Minister of Health", with the date on which the permit was granted, the name of the person to whom it was granted, and the purpose for which it was granted.

(5) A person shall not erect, construct, renovate, or extend or cause to be erected, constructed, renovated, or extended, a building or sewage facility in a restricted area, except under a permit issued under subsection (3) and in accordance with the terms and conditions prescribed in respect of his or her permit.

(6) The minister may issue a permit for the location of a mobile home in a restricted area and a person shall not locate a home in a restricted area except under and in accordance with the terms and conditions mentioned in or attached to or prescribed in respect of the permit by the minister, and the terms and conditions may differ in respect of different restricted areas or in respect of different permits in the same restricted area in different circumstances.

(7) A person who contravenes

(a) this section; or

(b) the terms and conditions mentioned in, attached to or prescribed in respect of a permit issued under subsection (3) or subsection (6),

is guilty of an offence.

Removal of sewage facilities

9. (1) Where a person erects, constructs, renovates, or extends or causes to be erected, constructed, renovated, or extended a building or sewage facility in a restricted area, without obtaining a permit under subsection 8(3) or otherwise than in accordance with the terms and conditions mentioned in, attached to or prescribed in respect of a permit issued under that subsection, the building or sewage facility so erected, constructed, renovated or extended shall be considered a public nuisance, and the minister may order the owner or builder or maker of it to pull down or fill in or otherwise destroy the building or facility or to make the disposition or alteration of it that the minister considers necessary, within 3 days after the service of the order upon the owner, builder or maker, or within a shorter period that the minister may prescribe.

(2) Where the owner, builder or maker of a building or sewage facility erected, constructed, renovated or extended as described in subsection (1) cannot be found in the restricted area in which the building or facility is situated, the minister may serve an order made under that subsection by posting it in a conspicuous place on or near the building or facility.

(3) Where an order of the minister made under subsection (1), whether served personally under that subsection or by posting it in accordance with subsection (2), is not complied with or is not complied with to an extent that the minister considers reasonable, within 3 days of the service of it or within a shorter period that the minister may designate, the minister may execute the order through a person he or she appoints for the purpose and the minister may recover the cost of execution of the order as a civil debt from the first person upon whom the order was served.

(4) A person

(a) on whom an order made under subsection (1) is served personally, who fails to comply with it; or

(b) who interferes with the execution of an order made under subsection (1) or subsection (3)

is guilty of an offence.

Dwelling unfit for habitation

10. (1) Where a building, tenement, room or cellar which is occupied as a dwelling house becomes vacant and is in the opinion of the minister unfit for human habitation, the minister may declare it to be a nuisance and may order the owner of it in writing to destroy it, or to make the disposition or alteration of it that the minister considers necessary, and the minister may direct a written notice to be placed upon it stating that it is unfit for human habitation and is not to be inhabited or occupied.

(2) Where an order of the minister issued under subsection (1) is not complied with, or is not complied with to an extent that the minister considers reasonable, within 5 days after the service of it, or within a shorter period that the minister may designate, the minister may execute the order through a person he or she appoints for the purpose and the minister may recover the cost of execution of the order as a civil debt from the first person upon whom the order was served.

(3) Where the owner of a vacant building, tenement, room or cellar referred to in subsection (1) cannot be found, the minister may direct the building, tenement, room or cellar to be destroyed and the debris removed, and the cost of the destruction and removal may be recovered from the owner at the suit of the minister as a civil debt.

(4) A person

(a) upon whom an order made under subsection (1) has been served, who fails to obey it; or

(b) who interferes with or obstructs the execution of an order made under subsection (1) or subsection (3)

is guilty of an offence.

Regulations

11. (1) The minister may make regulations

(a) prescribing the functions, jurisdiction and duties of medical health officers, health officers, inspectors and public health nurses, in relation to public health matters;

(b) providing for courses of instruction and prescribing qualifications for medical health officers, health officers, inspectors and public health nurses;

(c) regulating the management, maintenance, functions, duties and jurisdiction of local boards of health and medical health officers;

(d) providing for the prevention or removal or both of all matters, things and conditions on public or private property which, in the opinion of the minister, constitute or are likely to constitute a menace to public health;

(e) respecting the approval of unserviced building lots in terms of lot size, square area, minimum area and respecting the conduct of tests for the accommodation of sewage disposal systems and prescribing the type and specification of sewage disposal systems adaptable to different building lots;

(f) providing for the entering and inspection of premises used for human occupation in a locality where the existing conditions are in the opinion of the minister insanitary;

(g) providing for the prevention of overcrowding of houses or buildings used for human occupation, hotel bedrooms, common lodging houses, and places of assembly, prescribing the maximum number of people that may be allowed in such a place, and the amount of air space to be allowed for each individual and providing for the prevention of insanitary conditions;

(h) providing for the inspection of hospitals, jails, orphanages, reformatories and all other buildings, both public and private;

(i) providing for the cleansing, purifying, ventilating and disinfecting of all buildings, both public and private and all public conveyances, by the owners and occupiers and persons having the care and ordering of them;

(j) regulating the construction, maintenance, cleansing and disinfection of all drains, sewage systems and sewers and systems of sewage disposal, water closets, cesspools, privies and all similar structures or installations;

(k) respecting the plumbing and drainage of buildings and premises and adopting with or without modifications relevant parts of the National Building Code of Canada;

(l) regulating the method of the carrying on of all noxious or offensive trades or businesses and providing for the summary ending of a condition which in the opinion of the minister may cause an injury to the public health;

(m) providing for the inspection, licensing, method of construction, furnishing, equipping and maintaining, cleansing and disinfecting of all starch factories, dye works or factories in which blood, offal, paraffin, tallow, soap, fertilizers or gas are used or worked up;

(n) providing for the interment and disinterment of the dead, the transportation of the dead, the conduct of funerals of dead bodies, including those dead from specific diseases;

(o) respecting the licensing, location, sanitary operation and maintenance of cemeteries and burial grounds;

(p) respecting the licensing, location, construction, lighting, ventilation, sanitary and waste disposal facilities, and the sanitary maintenance of embalming establishments;

(q) respecting the licensing, location, construction, lighting, ventilation and sanitary operation of burial vaults and crematoria and the equipment used in them;

(r) regulating the plumbing, heating, lighting, ventilation, sanitary equipment and condition of all colleges, schools, hotels, licensed or unlicensed, all lodging houses, boarding houses, stopping places, and every house or building or part of a building where lodgings are furnished, with or without meals, for money or other consideration, and providing for the periodical inspection of all those places by an officer of the department;

(s) prescribing the natural and artificial lighting, the heating, plumbing, ventilation and general hygienic and sanitary conditions of buildings or portions of buildings used or designed to be used for the purpose of conducting in them the business of a barber shop, restaurant, cafe, billiard or pool room, bowling alley, shooting gallery or used for another purpose of a public character, and providing for the licensing of all those premises prior to their use or continuance in use for such a purpose;

(t) prescribing the quality, sale, supply and distribution of vaccine matter, diphtheritic and other sera, streptomycin, penicillin and other antibiotic preparations of a like nature;

(u) prohibiting, limiting or regulating the use, storage and transportation of noxious materials, including pesticides, and fertilizers dangerous to the public health;

(v) providing for the testing of cattle for tuberculosis;

(w) preventing the pollution, defilement, discoloration or fouling of all lakes, rivers, streams, pools, springs and waters, so as to ensure their sanitary condition;

(x) providing for the regulation, licensing, inspection, supervision, location, construction, heating, lighting, ventilation, toilet, washing, bathing and laundering facilities, water supply, sewage disposal, garbage disposal, food preparation and service, pest and rodent control, closing and sanitary operation and maintenance of lumbering, woodcutting, mining, construction and other industrial or commercial camps;

(y) providing for the frequent and effectual cleansing of streets;

(z) providing for the supply of medical aid and hospital accommodation and medicine and other articles of a medical nature that may be considered necessary for mitigating epidemic, endemic, infectious or contagious diseases;

(aa) providing for house to house visiting for case-finding or nursing service;

(bb) providing for the detention of a public conveyance for the purpose of inspecting, cleansing, purifying or disinfecting it and for the detention, for the same purpose, of a person or thing travelling on it or contained in it, and providing that that person or thing or conveyance may be detained as long as necessary for those purposes;

(cc) providing for the periodical inspection of districts by health officers or inspectors and the removal and ending of insanitary conditions or nuisances disclosed by the inspection;

(dd) regulating the construction, location, licensing, equipping, maintenance, cleansing, disinfection, purifying, heating, lighting, ventilation, inspection, operation and use of swimming pools and bathing places;

(ee) prescribing the powers of health officers or inspectors to prohibit or suspend the operation and use of swimming pools and bathing places in respect of which the regulations have been contravened;

(ff) licensing, regulating and controlling diagnostic and public health laboratories;

(gg) prescribing qualifications for persons operating or engaged in diagnostic or public health laboratories;

(hh) providing for safety standards in the various uses of radioactive materials and of radioactive equipment;

(ii) providing for the inspection, licensing, location, supervision, regulation, construction, lighting, heating, ventilation, water supply, sewage disposal, garbage disposal, plumbing, food preparation and service, insect and rodent control, recreational safety, stable sanitation, closing and sanitary operation of health and summer resorts, recreational areas, camps and campsites and the water supply, sewage disposal, garbage disposal, safety and sanitary operation of beaches used for swimming and other recreational purposes;

(jj) with respect to ambulances generally

(i) governing the qualifications of persons owning, operating, controlling or attending an ambulance in actual operation,

(ii) respecting the licensing of ambulances and including in a licence provisions respecting the area in which an ambulance may be operated,

(iii) respecting the inspection of ambulances,

(iv) respecting the type and size of vehicle which may be used as an ambulance,

(v) providing for the sanitary operation of ambulances,

(vi) respecting the medical equipment, first aid kits, splints and other equipment and supplies to be carried in ambulances and prohibiting the operation of ambulances that are not equipped as required by the regulations, and

(vii) prescribing the number and qualifications of persons required to operate an ambulance on emergency or other services;

(kk) with respect to the provincial ambulance program or other programs to support ambulance services, prescribing the persons who may or may not be registered in the programs or admitted to them and authorizing the removal of persons from registration or admittance to programs in the circumstances that may be prescribed;

(ll) governing the inspection, licensing, location, construction, lighting, heating, ventilation, water supply, sewage disposal, garbage disposal, plumbing, food preparation and service, insect and rodent control, occupancy, closing and sanitary operation of nursing homes, maternity homes, convalescent homes, private hospitals, homes for children, homes for aged and infirm persons and homes for physically and mentally handicapped persons;

(mm) respecting the inspection, licensing, location, construction, lighting, ventilation, heating, closing, toilet and washing facilities, plumbing, water supply, sewage disposal, garbage disposal, equipment, pest and rodent control and the sanitary operation of commercial laundries, laundromats and drycleaning establishments;

(nn) respecting the inspection, licensing, location, construction, heating, lighting and ventilation, water supply, sewage disposal, garbage disposal, closing, safety and sanitary operation and maintenance of hairdressing establishments, including barbers' shops and beauty salons;

(oo) regulating the operation of places where forms of therapy, baths and massage treatments are given and providing for their inspection, supervision and control towards the end that they shall be kept in a sanitary condition and operated in a manner consistent with the safety of the health of the public;

(pp) providing for the medical inspection of school children;

(qq) providing for instruction in public health and the conduct of public health activities in schools and requiring principals and teachers of schools to report to the officer of the department that may be designated in the regulations on a matter relating to public health;

(rr) providing for the location, construction, closing, cleanliness, lighting, heating and ventilation, water supply, sewage disposal, pest and rodent control and garbage disposal of schools and all other matters affecting the health or safety of pupils;

(ss) regulating in respect of and for the purpose of securing health in industrial and commercial establishments

(i) the supplying of drinking water,

(ii) the preparation, service, sale and consumption of food on the premises,

(iii) lighting,

(iv) the distance to be left between those establishments and dwelling houses,

(v) the arrangements and details of the construction of rooms,

(vi) cubic space to be provided in relation to the number of persons employed,

(vii) aeration and ventilation,

(viii) cleanliness and cleansing,

(ix) the removal and manner of disposal of dust, gas, vapour and waste produced in the course of work,

(x) the system of drainage, including sinks, lavatories, urinals, privies and closets and the method of disposing of waste liquids,

(xi) the temperature of the premises,

(xii) other conditions that may arise, whether of the kinds referred to in subparagraphs (i) to (xi) or not,

(xiii) the control and use of noxious chemicals or materials in industry or other processes,

(xiv) the enforcement, where considered necessary by the deputy minister or other person in the department that the deputy minister may designate, of routine medical or laboratory examination of workers in occupations in which exposure to dust, fumes, gas or noxious chemicals may occur,

(xv) the reporting in writing by medical practitioners to the deputy minister or other persons in the department that the deputy minister may designate of all cases or suspected cases of industrial disease,

(xvi) the inspection of industrial or commercial establishments, workshops, factories, mines or other places of employment for the purpose of investigating potential or apparent health hazards and advising on and enforcing the means of their prevention, and

(xvii) the appointment where necessary of medical health officers, health officers or inspectors to carry out the duties referred to in subparagraph (xvi);

(tt) providing for the medical supervision of persons employed in a factory, mine, workshop or industrial establishment, and prohibiting, limiting and controlling the use of noxious materials or process on the premises, where the deputy minister is of the opinion that there may be risk of injury by accident or disease to the health of persons employed there; and

(uu) generally, to give effect to the purpose of this Act.

(2) Regulations may be made under this section to apply to the whole of the province or may be restricted in their application to specified establishments in or specified areas of the province.

(3) Where regulations may be made under subsection (1) with respect to licensing, the regulations may prescribe the form of licences and the fees to be paid for licences, stipulate the conditions under which licences may be issued, suspended or cancelled or withheld from issuance and by whom, and prohibiting a person, premises or operation covered by the regulations from acting, being used or being conducted without the appropriate licence.

(4) Where regulations made under subsection (1) or orders made under those regulations conflict with regulations or orders made under the Municipalities Act, the regulations and orders made under this subsection shall prevail.

(5) Regulations made under paragraph (1)(d) may empower a medical health officer, health officer, inspector and an officer or employee of the department designated in the regulations to give those orders that he or she may consider necessary to secure the enforcement of regulations made under that paragraph.

(6) Where regulations are made with respect to ambulances under subparagraphs (1)(jj)(ii), (iii) and (iv) the Motor Carrier Act shall not apply to the regulation of ambulances or the provision of ambulance services.

Offence

12. A person who contravenes this Act or the regulations or an order made under this Act or the regulations is guilty of an offence.

Penalty

13. (1) A person who is guilty of an offence is, where no other penalty is specifically provided by this Act, liable on summary conviction to a fine not exceeding $500 or to imprisonment for a period not exceeding 3 months or to both the fine and imprisonment.

(2) A conviction in accordance with subsection (1) does not operate as a bar to further prosecution for an offence referred to in subsection (1) and where there is a continuation each continuance for a day or part of a day constitutes a separate offence.

Consent to prosecution

14. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

 

Schedule F

AN ACT RESPECTING THE SOCIAL
SERVICES APPEAL BOARD

Analysis

1. Short title

2. Definitions

3. Social Services Appeal Board

4. Appeal to appeal board

5. Trial Division

6. Regulations

Short title

1. This Act may be cited as the Social Services Appeal Board Act.

Definitions

2. In this Act

(a) "appeal board" means the Social Services Appeal Board appointed under section 3;

(b) "department" means the department presided over by the minister and includes a department designated by the Lieutenant-Governor in Council for the purpose of this Act; and

(c) "minister" means the minister responsible for the administration of this Act.

Social Services Appeal Board

3. (1) The Lieutenant-Governor in Council shall appoint an appeal board, to be known as the Social Services Appeal Board, consisting of 3 persons who are not employees of the government of the province or of a board, commission, corporation or other body that is an agency of the Crown.

(2) The members appointed under subsection (1) shall be persons who have the qualifications for appointment set out in the regulations.

(3) The Lieutenant-Governor in Council shall appoint one member as chairperson and one member as vice-chairperson who shall act as chairperson in the absence of the chairperson.

(4) The chairperson may obtain from a qualified person the advice or further clarification that may be needed by the board.

(5) The Lieutenant-Governor in Council may appoint not more than 3 persons, who are not employees of the government of the province or of a board, commission, corporation or other body that is an agency of the Crown, as alternate members of the appeal board to act as members of the appeal board during the absence of a regular member appointed under subsection (1) at a hearing required to be held under this section.

(6) An alternate member appointed under subsection (5) is considered for the purpose of this section to be a member of the appeal board.

(7) A member of the appeal board, or alternate member, is eligible for appointment, during good behaviour, for a period of 3 years and is eligible for reappointment.

(8) Members of the appeal board shall be paid the remuneration and expenses that may be prescribed by the regulations.

(9) Where a member of the appeal board stops being a member during his or her period in office, the Lieutenant-Governor in Council shall as soon as possible fill the vacancy.

(10) The minister shall appoint an employee in the department to be secretary of the appeal board.

(11) The secretary appointed under subsection (10) shall keep full records of the proceedings of the appeal board.

Appeal to appeal board

4. (1) A person affected or aggrieved by a finding or decision of an official of the department may, either personally or through another person acting on his or her behalf with his or her written consent, appeal from that finding or decision to the appeal board.

(2) The appeal board shall

(a) acknowledge the appeal;

(b) arrange a date for hearing the appeal;

(c) give at least 7 days notice of the date, time and place fixed for hearing the appeal to the person appealing and to the officials of the department who are concerned;

(d) hear the appeal; and

(e) upon the conclusion of the hearing, confirm, vary or set aside the finding or decision with power to give directions, consistent with social services legislation, respecting the granting, refusal, suspension, discontinuance, reduction, resumption of services or an amount of an allowance that the appeal board considers appropriate.

(3) For the purpose of presenting his or her case and producing evidence, a person appealing to the appeal board under subsection (1) may appear before the appeal board on his or her own behalf or be represented by counsel or an agent of his or her choice and may accompany and appear with his or her counsel or agent before the appeal board.

(4) Where the person appealing to the appeal board under this section does not, in person or by his or her counsel or agent, attend the hearing of the appeal after being notified under this section, unless that failure to attend is due to circumstances beyond that person's control and he or she has, by written notice, advised the appeal board that he or she wishes to attend and sets out, in the notice, the circumstances that prevent him or her from attending, the appeal board may proceed in his or her absence to examine into the matter of the appeal and to hear the witnesses and adjudicate on the matter.

(5) For the purpose of this Act the appeal board has the powers that are or may be conferred on a commissioner under the Public Inquiries Act.

(6) The decision of 2 members constitutes the decision of the appeal board.

(7) The appeal board shall communicate in writing its finding or decision to the department and to the person who appealed to it as soon as possible after that finding or decision is made.

(8) The appeal board may, before deciding the matter of the appeal, refer a question of law or of mixed law and fact raised at the hearing of the appeal for the opinion of a judge of the Trial Division, and the Rules of the Supreme Court, 1986 made under the Judicature Act relating to a special case apply to a reference made under this subsection as if that reference were made by the parties to the appeal.

(9) A finding or decision of

(a) an official of the department; or

(b) a review committee

respecting the granting, refusal, suspension, discontinuance, reduction, resumption of services or of the amount of an allowance is not subject to appeal to or review by a court of law.

Trial Division

5. Without limiting the remedial prerogatives vested at law in a person, an appeal lies from the decision of the appeal board to a judge of the Trial Division upon a point of law or of mixed law and fact, and the practice and procedure under the Judicature Act and the Rules of the Supreme Court, 1986 relating to appeals apply to proceedings under this section, and the judge of the Trial Division may award costs in that appeal under this section for or against the Crown and may fix the amount of the costs.

Regulations

6. The Lieutenant-Governor in Council may make regulations

(a) prescribing qualifications of persons for appointment as members of the appeal board, and different qualifications may be prescribed for different persons for appointment to the appeal board;

(b) prescribing who shall be considered a qualified person for the purpose of subsection 3(4);

(c) prescribing the time within which an appeal to the appeal board under section 4 may be taken;

(d) prescribing the purpose of the appeal board, the procedure on applications for appeals and on the conduct of appeals;

(e) for giving effect to a finding or decision of an appeal board;

(f) providing for the payment by the province to members of the appeal board of remuneration and expenses;

(g) prescribing the time when and the manner in which findings or decisions of the appeal board shall be communicated to the persons concerned;

(h) providing for the payment by the province of travelling and other expenses respecting the attendance of the person appealing to the appeal board, or of his or her representative, or of witnesses, including conferring on the appeal board the power to fix the expenses to be paid or to direct that no expenses be paid;

(i) respecting other matters relating to the appeal board that appear necessary or desirable to ensure that applications respecting social assistance, rehabilitation allowances or services or other matters relating to appeals under section 4 are fully considered and dealt with; and

(j) generally, to give effect to the purpose of this Act.

 

Schedule G

AN ACT RESPECTING PUBLIC WORKS, SERVICES AND TRANSPORTATION

Analysis

1. Short title

2. Definitions

PART I
PROVISIONS CONCERNING
HIGHWAYS

3. Closure of highways

4. Classification of highways

5. Ownership of highways

6. Boundaries of highways

7. Highways vested in the Crown

8. Regulations re buildings, etc.

9. Licences to use highway

10. Damage to highway

11. Encroachment on highway, etc.

12. Mail boxes

13. Offence

14. Drains, sewers, etc.

15. Moving a structure over highway

16. Removal of trees, shrubs, etc.

17. Highway closed

18. Alternative route

19. Consent of minister

20. Power of municipal authority

21. Road adopted as highway

22. Sidewalks, etc.

23. Agreements with municipal authority

24. Culverts and bridges

25. Part of highway assigned

26. Entrance to highway barred off

27. Highway intersecting road

28. Alterations

29. Utility poles

30. Removal or alteration of structures

31. Bridges and culverts

32. Advertising signs

33. Snow-clearing

34. Offence
PART II
PARKING AREAS

35. Regulations re parking

PART III
PUBLIC WORKS
DEVELOPMENT AREAS

36. Public works development areas

37. Filing of plan

38. Acquisition of land

39. Improvements

40. Certain transactions void

41. Offences

42. Land owner's rights

43. Conflict of provisions

PART IV
CENTRAL PURCHASING
AUTHORITY

44. Central purchasing authority

45. Extension of minister's powers, etc.

PART V
GOVERNMENT
PURCHASING AGENCY

46. Definitions

47. Government Purchasing Agency

48. Director of GPA

49. Acquisition of supplies

50. Purchases by boards, etc.

51. Auditor general

52. Report to minister

53. Government bound

54. Application

PART VI
QUEEN'S PRINTER

55. Queen's Printer

56. Gazette, etc.

57. Official notices

58. Regulations re Gazette

PART VII
GENERAL

59. Regulations

60. Identification card

61. Entry on land

62. Prohibition

63. Offences

64. Consent to prosecution

Short title

1. This Act may be cited as the Works, Services and Transportation Act.

Definitions

2. In this Act

(a) "airport" means an area of land, water, including the frozen surface of water or other supporting surface used or designed, prepared, equipped or set aside for use either in whole or in part for the arrival and departure, movement or servicing of aircraft and includes buildings, installations and equipment used in connection with aircraft;

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

(c) "highway" means a highway as defined by the Highway Traffic Act;

(d) "main highway", "secondary highway" or "local road" means a highway classified and designated under section 4;

(e) "minister" means the minister responsible for the administration of this Act;

(f) "municipal area" means an area in which a municipal authority has jurisdiction;

(g) "municipal authority" includes

(i) the City of Corner Brook,

(ii) the City of Mount Pearl,

(iii) the City of St. John's,

(iv) the local service district committee or the council of a community, town or region constituted or continued under the Municipalities Act;

(h) "public institution" means an institution owned or operated by the government of the province;

(i) "public work" means

(i) a work or property under the control of the minister, and

(ii) a public work as defined by the Public Tender Act;

(j) "roadway" means roadway as defined by the Highway Traffic Act; and

(k) "supplies" means

(i) goods, chattels, materials and personal property of every kind, including supplies required to be manufactured, or on which or in relation to which a labour or skill is required to be expended before, upon or after delivery to the government,

(ii) the provision of transportation of all kinds,

(iii) subject to sections 55 to 58, printing and other similar reproduction, and

(iv) services as defined by the Public Tender Act.

PART I
PROVISIONS CONCERNING HIGHWAYS

Closure of highways

3. The Lieutenant-Governor in Council may, after being satisfied by the minister that

(a) a highway or a portion of a highway is

(i) no longer required for use of the public as a highway,

(ii) unsafe, or

(iii) so situated that it is or may become a source of danger; or

(b) the continued use of a highway or a portion of a highway is contrary to the public interest,

make an order closing the highway or portion of the highway either permanently or for a period that may be specified in the order, and may

(c) authorize the minister to sell, lease or otherwise dispose of the highway or portion of the highway for that consideration and subject to those terms and conditions that the minister prescribes, but the Lieutenant-Governor in Council may prescribe the consideration or the terms and conditions to which the disposition by the minister shall be subject; or

(d) transfer, either forever or for a lesser term, to a minister of the Crown specified in the order, the administration and control of the entire highway or portion of the highway, and the transfer may be made subject to the conditions, restrictions or limitations that the Lieutenant-Governor in Council prescribes in the order.

Classification of highways

4. (1) The minister may classify and designate a highway as a main highway, a secondary highway or a local road and may fix and determine the alignment, gradient and width of a new main or secondary highway to be constructed.

(2) When a new highway is laid out or an existing highway is altered, the highway shall be at least 20 metres in width, but may be less than 20 metres in width where the minister considers the lesser width to be sufficient for public purposes.

Ownership of highways

5. Except in so far as they have been closed according to law,

(a) all allowances for highways made by surveyors of the Crown;

(b) all highways laid out or established under the authority of an Act;

(c) all roads on which public money has been expended for opening;

(d) all roads dedicated by the owners of the land to public use;

(e) all public roads now used as public roads; and

(f) all alterations and deviations of and all bridges on or along a highway,

except those that are vested in a municipal authority, are public highways vested in the Crown.

Boundaries of highways

6. Until the contrary is shown, every highway is considered to be at least 20 metres in width and the centre line of an existing roadway is considered to be the centre line of the highway, and, where there is a dispute as to the boundaries of a highway, the boundaries shall be fixed by the deputy minister or his or her designate for that purpose, and an appeal lies from his or her decision to the minister whose decision is final.

Highways vested in the Crown

7. Possession, occupation, use or obstruction of a highway or a part of a highway by a person for a period, whether before or after December 18, 1989, shall be considered not to have vested in or to vest in a person an estate in, right to, title to or interest in the highway or part of a highway, but a highway or part of a highway is and remains a public highway vested in the Crown.

Regulations re buildings, etc.

8. (1) The minister may make regulations prohibiting, without his or her prior written permission,

(a) the erection, alteration, repair or improvement of fences, signs, buildings or other structures; or

(b) the planting of trees, shrubs or hedges

within a distance, prescribed by the minister in the regulations, from the centre line of a highway, and in prescribing the distance the minister may prescribe with respect to one highway a different distance from that which the minister prescribes for another highway.

(2) The minister may, in regulations made under subsection (1), prescribe penalties for breach of the regulations.

(3) Where a roadway passes through a municipal area, a person shall not do anything referred to in subsection (1) or the regulations made under that subsection unless, in addition to complying with those regulations, the person has received a permit issued by the municipal authority for the municipal area if in that municipal area a permit is required for the doing of that thing.

(4) Where a person is convicted of a breach of a regulation made under subsection (1), a Provincial Court judge may, in addition to imposing the penalty set out in the regulations, order the person convicted to remove, within a time prescribed by the Provincial Court judge, the building, sign, fence or other structure erected, altered, repaired or improved or the trees, shrubs or hedges planted, and where that person does not comply with the order within the time prescribed by the Provincial Court judge, the Provincial Court judge may designate another person to carry it out, and the cost of removal shall be paid by the person to whom the order was first directed and the minister may sue for and recover the cost of removal from that person as a civil debt.

(5) In subsection (1), the word "structure" includes a gasoline filling station, garage, automobile service station and refreshment stand.

Licences to use highway

9. (1) Where a person owns or occupies property adjoining the boundary line of a highway, the minister may issue to that person, and his or her successors in title, a licence to use, occupy, and if desired, improve a portion of land forming part of the highway between the boundary of the highway and the roadway for a purpose which the minister considers desirable.

(2) A licence issued under this section shall be expressed to be granted under this Act.

(3) A licence issued under this section shall be gratuitous and shall be expressed to be given, continuing and terminable at the absolute will of the Crown, and no licence shall by passage of time however long, or by a payment, or by a waiver or other event in law or by reason of an expenditure on the part of the licensee or his or her successors in title or otherwise, create a right in the licensee or his or her successors in title, or a claim or right of action against the Crown, other than the right to occupy and improve within the terms of the licence.

(4) A licence issued under this section shall state the purposes for which it is given, and the improvements which may be made and the other terms and conditions which the minister shall think appropriate, including conditions respecting exits upon the highway, and from time to time a matter in the licence may be varied or withdrawn and a new term added in the discretion of the minister.

(5) Improvements placed by the licensee upon the land under the terms and conditions of the licence shall, where required by the minister, be removed by the licensee or his or her successors in title at his or her or their expense upon the termination of the licence or upon an alteration of the terms requiring the removal, and where the licensee or his or her successors in title fail to remove them the minister may remove them and may sue for and recover the cost of the removal from the licensee or his or her successors in title as a civil debt.

(6) Every person who is after December 17, 1989 occupying or using land, the use of which might be licensed under this Act, shall be considered to occupy and use it upon the terms of this section, and may be required by the minister to accept and sign a licence and, where that person refuses to accept and sign, that person may be expelled from the land by legal process.

Damage to highway

10. (1) A person shall not do or permit to be done, whether on his or her own property or otherwise, in a place adjacent to a highway anything which may expose the highway to damage by the action of water, landslip, snow or ice or other natural forces.

(2) The minister may proceed in the Trial Division for an injunction against an act or thing and, either concurrently or in the alternative, for the cost of repair of damage caused, but the Trial Division may refuse an injunction or damages on the ground that the act complained of is a reasonable enjoyment by a person of his or her own property.

Encroachment on highway, etc.

11. (1) A person shall not

(a) encroach upon or obstruct

(i) a highway, or

(ii) a beach, airport or ferry landing or the public way to them;

(b) damage a highway, airport or ferry landing;

(c) place or cause to be placed upon a highway, airport or ferry landing or allow to remain there a matter or thing which may damage it or constitute a hazard to users or interfere with the proper use and enjoyment of it;

(d) pile, cause or allow to be piled pulpwood, firewood, lumber or another matter or thing

(i) upon a roadway or the shoulder of a roadway or in or across a ditch line, or

(ii) in a place or position adjacent to or near a highway where it may cause damage to the highway or interfere with the safe and proper use or enjoyment of the highway or hinder, impede or otherwise interfere with the maintenance, repair or improvement of the highway or the ploughing of or removal of snow or ice from the highway; or

(e) erect or operate a light upon, adjacent to or near a highway in such a position that the beams from the light constitute or may constitute a hazard to persons using the highway.

(2) A member of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police stationed in the province or an employee of the department, whether specifically authorized for the purpose or not, may

(a) remove or cause to be removed;

(b) dispose of or cause to be disposed of; or

(c) take possession of, detain and sell or cause to be sold and pay into the Consolidated Revenue Fund the proceeds of the sale of

anything found on a highway, beach, airport or ferry landing or in another place referred to in subsection (1) contrary to paragraphs (1)(a) to (d).

(3) The minister may by order in writing require a person who erects or operates a light contrary to paragraph (1)(e) to remove it or adjust it in a manner that the minister may require within a time that the minister may prescribe in the order, and, where the light is not removed or adjusted in accordance with the order, the minister may remove or adjust it at the expense of the owner.

(4) The minister may sue for and recover as a civil debt from a person who violates subsection (1) the cost of repairing damage done by that person to a highway, airport or ferry landing and the cost of removing and disposing of anything found upon a highway, beach, airport or ferry landing or in another place referred to in subsection (1) contrary to paragraphs (1)(a) to (d) or of removing or adjusting a light erected or operated contrary to paragraph (1)(e).

(5) An action or other legal proceeding shall not be taken or brought against the minister or the persons referred to in subsection (2) or a person acting under the direction of either of them in respect of anything done under this section.

Mail boxes

12. (1) A person shall not erect, keep up or maintain a mail box near a highway in a place or manner or which is of a kind that it

(a) interferes with or may interfere with the construction, reconstruction, maintenance, repair or improvement of the highway or the ploughing of or removal of snow or ice from the highway;

(b) interferes with or may interfere with the safe and proper use or enjoyment of the highway; or

(c) constitutes or may constitute a hazard to users of the highway.

(2) A member of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police stationed in the province or an employee of the department, whether specifically authorized for the purpose or not, may

(a) order the owner or user to remove or relocate; or

(b) remove and dispose of or relocate or cause to be removed and disposed of or relocated, at the expense of the owner or user,

a mail box erected, kept up or maintained contrary to subsection (1).

(3) The minister may sue for and recover as a civil debt from a person who violates subsection (1) the cost of removing and disposing of or relocating a mail box erected, kept up or maintained contrary to that subsection.

(4) An action or other legal proceeding shall not be taken or brought against

(a) the minister or the persons referred to in subsection (2) or a person acting under the direction of either of them in respect of anything done under that subsection; or

(b) the minister or another person in respect of the total or partial destruction of, damage to or loss of a mail box or the contents of a mail box or the post or other thing upon which the mail box is placed or which forms part of it, whether or not it was or is erected, kept up or maintained contrary to subsection (1), caused by or arising out of the construction, reconstruction, maintenance, repair or improvement of a highway or the ploughing of or removal of snow or ice from the highway except where that destruction, damage or loss resulted from an unlawful act or the improper performance of a lawful act.

Offence

13. (1) A person who

(a) places an obstruction in a drain, gutter, sluice or watercourse on a highway;

(b) by a dam or obstruction prevents water flowing from a highway onto the adjoining land whether or not the person is the owner or occupant of the land; or

(c) causes water to flow over a highway,

is guilty of an offence.

(2) The minister may order the removal, demolition or destruction of an obstruction or dam referred to in subsection (1) and may sue for and recover as a civil debt from the person who acted in contravention of that subsection the cost of removing, demolishing or destroying it and the cost of repairing the damage caused by it and other damage naturally resulting from the contravention.

Drains, sewers, etc.

14. A municipal authority or person shall not enter upon, take up or interfere with a highway for the purpose of laying down or repairing a drain, sewer, water pipe, gas pipe, conduit or a structure beneath the surface of the highway, except with the consent of the minister and in a manner satisfactory to the minister and under and subject to those terms and conditions that the minister may prescribe.

Moving a structure over highway

15. (1) Except under a permit issued by the minister, a person may not move a structure, whether on wheels or otherwise, or a vehicle with a flange, rib, clamp or other device attached to wheels or rollers or made a part of them over or upon a highway, and the minister may in the permit impose those special conditions and provisions that the minister considers necessary for the protection of the highway from injury, and may require a bond sufficient to cover the cost of repairing a possible injury to the highway.

(2) A person who commits a breach of the conditions and provisions imposed in a permit issued under subsection (1) or to which a permit is subject is guilty of an offence.

Removal of trees, shrubs, etc.

16. (1) The minister may direct the removal of a tree, shrub, bush, hedge, fence, signboard, gasoline pump, building or other object growing or standing on lands adjacent to the highway where, in the minister's opinion, the safety or convenience of the travelling public so requires or that object may cause the drifting or accumulation of snow or is injurious to the roadbed.

(2) Notwithstanding subsection (1), the removal of the items referred to in subsection (1) shall be subject to the payment of compensation that may be agreed upon or that may be determined in the manner provided by law for the payment of compensation in respect of the expropriation of land.

Highway closed

17. (1) While the construction, repair or improvement of a work authorized by this Act is in progress on a highway, the minister may close the highway or a portion of it to traffic for those periods that the minister considers necessary, and a person who uses a highway or a portion of a highway so closed does so at his or her own risk and has no right of action against the minister or anyone authorized by the minister to engage in the construction, repair or improvement.

(2) A person who uses a highway or a portion of a highway while it is closed under subsection (1) is guilty of an offence.

(3) Where a person while using a highway or a portion of a highway closed under subsection (1) causes damage or injury to the highway or property of the Crown, the minister may sue for and recover the cost of repair of the damage or injury from the person as a civil debt.

Alternative route

18. While the construction, repair or improvement of a highway or a work authorized by this Act is in progress on a highway, the minister may provide and keep in repair a reasonable alternative route for traffic or may enter into an agreement with a municipal authority for that purpose, but nothing in this section shall be construed as imposing on the minister a duty to provide an alternative route or to enter into an agreement.

Consent of minister

19. A municipal authority shall not close or divert a road or right of way for a road entering or touching upon or giving access to a highway without the consent of the minister.

Power of municipal authority

20. The minister has and may exercise within the limits of a municipal area along the course of a highway all the powers which may be exercised by the municipal authority exercising jurisdiction in that municipal area to lay out, construct or maintain a highway.

Road adopted as highway

21. The minister has, in respect of a highway the ownership of which was formerly vested in a municipal authority, all the rights, powers, benefits and advantages conferred by an Act, regulation, by-law, order, proclamation or contract or otherwise upon the municipal authority and held by it immediately before jurisdiction over the road became vested in the minister, and the minister may sue upon those rights or under an agreement or contract in the same manner and to the same extent as that municipal authority might have done if jurisdiction over the road had not become vested in the minister.

Sidewalks, etc.

22. A municipal authority may within its municipal area construct or put down a sidewalk or carry out other improvements along a highway, but no work shall be undertaken without the consent of the minister, and a municipal authority constructing a sidewalk or other improvement along a highway shall conform to requirements or conditions imposed by the minister and is responsible for injury or damage arising from the construction or presence of the sidewalk or improvements.

Agreements with municipal authority

23. The municipal authority of a municipal area through, in or upon which a part of a highway is located or an owner of property adjoining the highway may enter into an agreement with the minister for the construction of a pavement or roadway of greater width than or with different specifications from those of the remainder of the pavement or roadway, and the minister may construct a pavement or roadway of an additional width or varied specifications that may be agreed upon and may agree as to the apportionment of costs in that case.

Culverts and bridges

24. The minister shall determine and fix the dimensions and specifications of a culvert or bridge to be constructed as part of a highway, but the minister may enter into an agreement with a municipal authority or with a person to construct a culvert or bridge of greater dimensions or varied specifications and may agree as to the apportionment of costs in that case.

Part of highway assigned

25. Where a highway constructed within the limits of a municipal area is no longer required as a highway by reason of the construction of an alternative route, the minister may designate the alternative route as the highway, and the original highway shall come under the jurisdiction of the municipal authority.

Entrance to highway barred off

26. (1) Where the entrance or approach to property adjoining a highway is barred off or made unusable by reason of repair or improvement of the highway, the minister shall provide an alternative entrance or approach not exceeding 7 metres in width, but the minister shall not be liable to provide an entrance or approach to property where no entrance or approach existed previously.

(2) The minister may, at the request of the owner or occupant of property adjoining a highway, agree to construct one or more entrances or approaches, subject to those conditions respecting the payment or sharing of costs by a class of owners or occupiers that the Lieutenant-Governor in Council may prescribe by regulations.

Highway intersecting road

27. Where a main highway connects with or intersects a road which is not a main highway, the continuation of the highway to its full width across the road so connected or intersected, including bridges and culverts, is part of the main highway.

Alterations

28. Where it is considered desirable to change the grade or make alterations in a highway intersecting or affording means of access to a main or secondary highway, or giving access to private property, the cost of the change or alteration shall be part of the cost of the construction of the main highway and shall be borne and paid accordingly, but the minister is not liable for damage alleged to be suffered by the owner or occupier of adjoining land as the result of the changing of grade or alterations in a highway unless it is proved that the work was done arbitrarily, unreasonably or oppressively.

Utility poles

29. (1) A public utility as defined in the Public Utilities Act which provides telephone or telegram service or electric power or energy or heat may erect or place and maintain on or under a highway, poles, anchors, underground cables, conduits or pipes where the poles, anchors, underground cables, conduits or pipes are erected or placed

(a) within a reservation prescribed in regulations made under section 8;

(b) not nearer to the centre of the highway than 1.5 metres from the outside boundary of a reservation referred to in paragraph (a); and

(c) other than on or under a roadway.

(2) Notwithstanding subsection (1), a public utility referred to in subsection (1) may, with the prior written consent of the minister, erect or place and maintain poles, anchors, underground cables, conduits or pipes on or under a portion of a reservation referred to in paragraph (1)(a) which is nearer to the centre of the highway than 1.5 metres from the outside boundary of that reservation, which consent may contain terms and conditions pertaining to the erection or placement and maintenance.

(3) A public utility referred to in subsection (1) whose wires or cables cross a highway shall ensure that those wires or cables installed, repaired or replaced after December 3, 1982 have a minimum clearance over the highway in accordance with specifications made by the Canadian Standards Association but in no event shall the clearance be less than 5.5 metres.

(4) Notwithstanding subsection (3), a public utility referred to in subsection (1) whose wires or cables cross a highway shall, not later than a date set by the regulations, ensure that those wires or cables have a minimum clearance over the highway in accordance with specifications made by the Canadian Standards Association but in no event shall the clearance be less than 5.5 metres.

(5) In subsection (1) the expression "reservation prescribed in regulations made under section 8" means that area in which under those regulations the erection, alteration, repair or improvement of fences, buildings or other structures or the planting of trees, shrubs or hedges is, without the minister's permission, prohibited.

Removal or alteration of structures

30. (1) Where a person has works or structures, including telegraph, telephone or electric light or power wires and poles, upon or crossing a highway, the minister may repair or make those alterations in location or elevation or grade that may be necessary for the proper construction of the highway and may by an order in writing direct the removal or alteration of the works or structures by the owner of the works or structures and may designate the place to which they shall be removed and the alterations to be effected, and the owner of the works or structures shall, upon the receipt of the order, proceed to effect their removal or alteration in accordance with the order and within a period that may be prescribed in the order.

(2) The minister may, from money provided by the Legislature, pay to the owner of the works or structures referred to in subsection (1) an amount sufficient to defray expenses or losses incurred by the owner in carrying out an order of the minister made under that subsection, and the amount to be paid may be settled by agreement between the minister and the owner, but, where the amount cannot be so settled, the minister shall decide the amount and his or her decision is final and binding upon the parties.

(3) Where the owner of the works or structures referred to in subsection (1) fails to carry out the order of the minister referred to in that subsection within the period specified in the order or within a further period that the minister may in writing allow, the owner is guilty of an offence, and the minister may by his or her servants or agents effect the removal or alteration required by the order and the minister may sue for and recover the cost of the removal or alteration from the owner as a civil debt.

Bridges and culverts

31. Where a highway is constructed across a natural drainage course, the minister may construct those bridges or culverts that the minister considers necessary to control the flow of water across the highway and the minister is not liable for injury or damage suffered by the owner or occupier of adjoining land by reason of greater or more concentrated flow of water over or upon the adjoining land, but the minister may provide as many drains as the minister considers desirable through the adjoining land without rendering himself or herself liable to maintain them or keep them in repair.

Advertising signs

32. (1) Subject to subsections (3) and (4), a person shall not erect or keep up a sign, signboard or hoarding displaying an advertisement in a manner that it is visible from a highway

(a) outside a municipal area, within 400 metres from the centre line of the highway; or

(b) within a municipal area, within

(i) 20 metres from the centre line of the highway, or

(ii) a building line established or fixed under the Urban and Rural Planning Act or under the authority of another Act,

whichever distance is greater.

(2) In subsection (1) "municipal area" means the area within the boundaries of the City of St. John's, the City of Corner Brook, the City of Mount Pearl and a town, community or local service district constituted or continued under the Municipalities Act, but does not include an area that is outside those boundaries but that for particular purposes only is subject to the control of the municipal authority.

(3) A sign may be erected or kept up

(a) on premises where a business is carried on, if it is a plain lettered sign showing the name, business description and business of the owner or occupier of the premises;

(b) on premises where a gasoline station is operated, to show in addition to or in place of a sign described in paragraph (a), words, letters or symbols advertising petroleum products and automotive supplies sold on the premises;

(c) if it is erected upon and wholly supported by a building and advertises only goods which are for sale in the building;

(d) with the prior approval in writing of the minister or a person authorized by the minister for the purpose, if it does not advertise a business, product or service and is erected by the Newfoundland Forest Protection Association in the interests of fire prevention or by the Safety Council of Newfoundland in the interests of highway safety; or

(e) as provided by regulations made under the Urban and Rural Planning Act,

and every sign erected or kept up under this subsection shall be maintained in good condition to the satisfaction of the minister.

(4) The minister, or a person authorized by the minister for the purpose, may erect signs identifying by name and symbol establishments within a 15 kilometre distance that provide food, fuel, accommodation or handicrafts.

(5) An establishment whose name appears on a sign erected under subsection (4) shall be subject to a fee that the Lieutenant-Governor in Council may by order prescribe.

(6) The minister may by an order in writing require a person who erects or keeps up a sign or signboard contrary to this section or who fails to maintain a sign in good condition in accordance with subsection (3) to remove it within a time that the minister may prescribe in the order.

(7) The minister may, whether or not the minister has made an order under subsection (6), by a person the minister may authorize for the purpose, remove a sign or signboard erected or kept up contrary to this section or which is not maintained in good condition to the satisfaction of the minister, and the minister may sue for and recover the cost of the removal as a civil debt from the person who erected it or kept it up.

(8) A person who contravenes subsection (1) or fails to obtain the prior approval in writing of the minister or person authorized by the minister under subsection (3) or fails to carry out an order of the minister made under subsection (6) is guilty of an offence and liable on summary conviction to a fine of $25 for every day which the contravention or failure continues.

Snow-clearing

33. (1) The minister may, by his or her engineers, agents, servants or workers, enter upon and occupy land adjoining a highway to erect snow-fences upon the land for the purpose of preventing the highway from becoming blocked by snowdrift, and may enter upon the land for the purpose of maintaining, repairing, removing or replacing a snow-fence, and may deposit upon the land snow removed from a highway.

(2) Except with the consent in writing of the Attorney General, no person is entitled to rent or other compensation or damages in respect of an entry or occupation effected under subsection (1) or in respect of the depositing of snow upon the land.

Offence

34. A person shall not obstruct or interfere with an engineer, agent, servant or worker of the minister engaged in exercising on behalf of the minister a power under this Act or take down, remove, or otherwise interfere with a snow-fence, survey-stake or other marker or other erection erected under this Act or in any way interfere with a work done under this Act.

PART II
PARKING AREAS

Regulations re parking

35. (1) The Lieutenant-Governor in Council may make regulations for prohibiting the parking of vehicles on land owned or occupied by the government of the province, in this section referred to as "land", or for permitting the parking of vehicles on the land under permit or otherwise and may set out in the regulations the conditions to which the permits are subject or on which parking is otherwise permitted.

(2) For the purpose of this section, land or a portion of land owned or occupied by a hospital is considered to be land owned or occupied by the government of the province.

(3) For the purpose of subsection (2) "hospital" means a hospital included in the Schedule to the Hospitals Act.

(4) The minister may issue a permit to a person to park his or her vehicle on the land referred to in the permit and may attach further conditions to the permit, and the minister may attach different conditions to different permits.

(5) The holder of a permit referred to in subsection (4) shall park his or her vehicle in accordance with the conditions attached to the permit or to which it is subject, or, where there are no conditions, as otherwise directed by the minister.

(6) Different regulations may be made under subsection (1) respecting different pieces of land and regulations may be made so as to apply generally or during particular periods or at or between specified times or in particular circumstances or subject to particular conditions, and the land to which regulations refer shall be referred to by name or other description in the regulations.

(7) The minister may erect or direct to be erected signs containing the words "NO PARKING" or "NO PARKING EXCEPT UNDER PERMIT" or symbol for "NO PARKING" or "NO PARKING EXCEPT UNDER PERMIT" to show whether parking is permitted on the land to which the sign refers and other words, symbols, figures or letters to show that the land is owned or occupied by the government of the province and to indicate the days on which or the periods during which or the hours between which parking is permitted on the land, and the land to which a sign refers may be indicated by additional words or symbols inscribed on the sign which may describe or refer to the land by name or other description or by reference to another sign erected on or near the land or to another object or mark.

(8) A person who contravenes

(a) the regulations referred to in this section;

(b) a condition attached to or prescribed in respect of a permit issued under subsection (4); or

(c) a direction of the minister referred to in subsection (5),

is guilty of an offence and liable on summary conviction to a fine of not less than $5 and not more than $20 and in default of payment of the fine to imprisonment for a period not exceeding 10 days.

(9) The minister may erect or direct to be erected on land at places where the minister considers necessary signs

(a) conveying the order not to enter the land or a part of the land or a road on it, the signs having inscribed on them the words "NO ENTRY" or "DO NOT ENTER" or symbol for "NO ENTRY" or "DO NOT ENTER";

(b) conveying the order to drive a vehicle in one direction only on the land or on a road on it, the signs having inscribed on them the words "ONE WAY" or symbol for "ONE WAY" and an arrow indicating the direction vehicular traffic is to move;

(c) conveying the order to stop, the signs having inscribed on them the word "STOP" or symbol for "STOP";

(d) conveying the order to yield right of way, the signs having inscribed on them the words "YIELD" or symbol for "YIELD";

(e) indicating by words, symbols, figures or letters or 2 or more of them

(i) the maximum or minimum speed at which vehicles may be driven on the land or on a road on it,

(ii) the portion, or the beginning and the end, of a road to which the maximum or minimum speed limit applies,

(iii) the period within which or hours or days during which the maximum or minimum speed limit is in force;

(f) indicating the direction in which vehicles may be driven or moved on the land or a part of the land or on a road on land, the signs having inscribed on them the words "IN ONLY" or "OUT ONLY" or symbol for "IN ONLY" or "OUT ONLY";

(g) designating roads to be used by vehicles moving in a particular direction; and

(h) for the safe and expeditious control of traffic, the signs having inscribed on them words, symbols, figures or letters or 2 or more of them that the minister shall determine,

and a person failing to obey an order, direction or instruction inscribed on or an indication given or conveyed by a sign erected under this subsection is guilty of an offence and liable on summary conviction to a fine of not less than $10 and not more than $50 and in default of payment of the fine to imprisonment for a period not exceeding 14 days.

(10) A sign erected on land, that is of a kind or of a description prescribed or authorized by this section, shall be considered to have been lawfully erected or directed to have been erected by the minister.

(11) For the purpose of subsection (7), the word "road" includes a road, street, avenue, parkway, driveway, lane, pathway, square, place, bridge, culvert, viaduct or trestle on the land.

(12) The minister or some person authorized by the minister in writing may, either before or after the institution of proceedings against a person for an offence under this section, accept from the person alleged to have been guilty of that offence a payment of a sum not less than the minimum fine prescribed for that offence.

(13) For the purpose of this section

(a) "park" means to permit a vehicle whether occupied or not to remain in a stationary position;

(b) "person" includes a partnership or corporation; and

(c) "vehicle" means vehicle as defined by the Highway Traffic Act.

PART III
PUBLIC WORKS DEVELOPMENT AREAS

Public works development areas

36. (1) Where it is intended

(a) to expend public money on the acquisition and development of an area of land for the purpose of the Crown, an agency of the Crown, a company in which not less than 90% of all issued common shares are owned by the Crown, the Memorial University of Newfoundland, or another corporation or public body the members or board of which are appointed by the Lieutenant-Governor in Council; and

(b) to acquire all the lands in that area over a period of time as they become available or are needed,

the Lieutenant-Governor in Council may by order declare that area of land to be a public works development area, and every public works development area shall be identified by some descriptive words or by a number.

(2) The Lieutenant-Governor in Council may, from time to time by further orders, cancel or amend an order made under subsection (1).

Filing of plan

37. The minister shall file

(a) a copy of every order made under subsection 36(1) and a plan of the public works development area created by the order; and

(b) a copy of every order amending or cancelling an order referred to in paragraph (a), and a revised plan of the public works development area, where the original plan is altered by an amending order,

with the Registrar of Deeds, and every order and plan so filed may be inspected in the same manner and subject to the same conditions prescribed in respect of an instrument registered at the Registry of Deeds.

Acquisition of land

38. (1) Land within a public works development area shall be acquired by the minister for and in the name of the Crown

(a) by purchase where the owner of the land is willing to sell it;

(b) by expropriation in accordance with the Expropriation Act,

(i) where the owner of the land wishes the Crown to acquire it, but agreement cannot be reached as to price, or

(ii) where the owner of the land requests that the land be expropriated or consents to expropriation; or

(c) by purchase or expropriation, without restriction, where the land is required for or in connection with a public work.

(2) Where the minister on behalf of the Crown is negotiating the purchase of land in a public works development area and the owner indicates that in the event of a sale the owner wishes to retain possession or the right to possession of the land for the time being or until it is required for or in connection with a public work, the minister shall negotiate with that owner in good faith and in preference to another person for the leasing of the land to that owner when it is sold to the Crown.

Improvements

39. A person shall not

(a) erect, construct, place or make a building, structure, thing or other improvement; or

(b) add to, alter, renew or repair a building, structure, thing or improvement

on, in, over or under land within a public works development area, except with the approval in writing of the minister.

Certain transactions void

40. A transaction entered into without the approval in writing of the minister by the owner or occupier of land within a public works development area by way of agreement for sale or sale of the land or an interest in the land or of anything in or on the land either at the time the transaction was entered into or subsequent to the transaction is void.

Offences

41. (1) A person who contravenes section 39 is guilty of an offence and liable on summary conviction to a fine not exceeding $500 and in default of payment of the fine to imprisonment for a period not exceeding 6 months.

(2) The conviction of a person for contravening section 39 shall not operate as a bar to further prosecution under this Act for the continued failure or contravention on the part of that person.

(3) In addition to the penalty prescribed in subsection (1), the Provincial Court judge who convicts a person of an offence referred to in that subsection may order that person

(a) to remove or restore to its former state a building, structure, thing or development constructed, erected, placed, made, added to, altered or repaired on, in, over or under land; and

(b) to restore to its former state land dealt with,

contrary to section 39, or to do all or any of those things, and where that person refuses or fails to carry out the order made under this subsection within the time prescribed in the order, the Provincial Court judge may, on an application made on behalf of the minister, designate another person to carry it out, and the cost of carrying out the order may be recovered by the minister from the person convicted as a civil debt due to the Crown.

Land owner's rights

42. A person who holds or acquires an interest in land within a public works development area holds or acquires that interest subject to sections 36 to 41.

Conflict of provisions

43. The Family Homes Expropriation Act applies to acquisition of property under sections 36 to 42 but where a conflict exists between sections 36 to 42 and another Act or regulation, those sections prevail.

PART IV
CENTRAL PURCHASING AUTHORITY

Central purchasing authority

44. Subject to the approval of the Lieutenant-Governor in Council, the minister may establish within the department, under the minister's management and control, a central purchasing authority for the purpose of carrying out the minister's powers, functions and duties which the minister assigns to that central purchasing authority, and the minister is authorized and empowered to make that assignment.

Extension of minister's powers, etc.

45. (1) The Lieutenant-Governor in Council may, where the central purchasing authority referred to in section 44 is fully operational and provided the Lieutenant-Governor in Council is satisfied by the minister that the institution concerned will benefit financially in its general operations from the inclusion, by order include among the powers, functions and duties of the minister the purchasing or otherwise acquiring of supplies required by an institution in the province, to be specified in the order, which is not a public institution but which performs a function which the Lieutenant-Governor in Council considers to be in the public interest.

(2) For the purpose of subsection (1), "purchasing" may, if the Lieutenant-Governor in Council orders, include storing or distribution, or both.

(3) For the purpose of subsection (1), "institution" includes

(a) a hospital, whether privately owned or not so designated by order of the Lieutenant-Governor in Council; and

(b) a board, commission, corporation or other body, incorporate or unincorporated, which is an agency or arm of the Crown or is carrying out a function on behalf of, or a function which is usually carried out by, the Crown.

PART V
GOVERNMENT PURCHASING AGENCY

Definitions

46. In this Part

(a) "agency" means the Government Purchasing Agency referred to in section 47;

(b) "amount" means the cost or price of the supplies, whether that cost or price is fixed or estimated;

(c) "auditor general" means the auditor general as defined by the Financial Administration Act;

(d) "director" means the director of the agency appointed under section 48;

(e) "public advertisement" means an advertisement in the public press, and, for the purpose of this Act, the public press is considered to include the Gazette; and

(f) "tender" means a call for tender invited by public advertisement.

Government Purchasing Agency

47. (1) The Government Purchasing Agency is continued and made a part of the department.

(2) The agency shall be under the immediate management and control of an officer to be known as the Director of the Government Purchasing Agency.

(3) All persons required by the agency to carry out its powers, functions and duties, other than the director, shall be appointed in the manner authorized by law.

Director of GPA

48. (1) The Lieutenant-Governor in Council shall appoint a person to be Director of the Government Purchasing Agency.

(2) The director shall hold office during good behaviour but shall be removed from office by the Lieutenant-Governor in Council on the passing by the House of Assembly of a resolution requiring the Lieutenant-Governor in Council to so remove the director.

(3) The Lieutenant-Governor in Council may not reduce the salary that the director previously received without the assent of the House of Assembly.

(4) The minister may appoint a person to perform the duties of the director during a vacancy in the office of the director or during the illness or absence of the director and the person so appointed has for those purposes the powers and shall perform all the functions and duties of the director.

(5) The director is considered to be an employee for the purpose of those provisions of the Public Service Pensions Act, 1991 that are consistent with this Act, including those provisions concerning the retirement age and the advanced or deferred pension privileges of an employee.

Acquisition of supplies

49. (1) The agency shall acquire by purchase or otherwise all supplies that are required by the departments of the public service in accordance with the Public Tender Act.

(2) Notwithstanding subsection (1), the agency may permit the acquisition of supplies otherwise than through the agency, subject to the Public Tender Act, where the director is satisfied that it is in the interest of efficiency to do so, and it may limit its permission to specified supplies, to an amount, or to certain departments.

(3) Notwithstanding subsection (1), the director, where satisfied that it is in the interest of efficiency to do so, may avail himself or herself of the offices of a person in the public service and delegate to that person the power to acquire services on behalf of the agency in accordance with the Public Tender Act.

(4) Notwithstanding subsection (1), where supplies are acquired under subsection (2) or (3), the agency shall be advised as soon as is practical and shall be furnished with all details of the acquisition in a form that the director may prescribe.

Purchases by boards, etc.

50. (1) Where the director is satisfied that it is in the interest of efficiency to do so, the agency shall acquire, by purchase or otherwise, all supplies that are required by a board, commission, corporation or other body, incorporated or unincorporated, which is an agency or arm of the Crown or is carrying out a function on behalf of, or a function that is usually carried out by, the Crown and to which board, commission, corporation or body the Lieutenant-Governor in Council by order directs that this section shall apply.

(2) Notwithstanding subsection (1), the agency may, where the director is satisfied that it is in the interest of efficiency to do so, permit the acquisition, subject to the Public Tender Act, by a board, commission, corporation or body of specified supplies or specified services to a specified amount.

(3) Notwithstanding subsection (1), the director, where satisfied that it is in the interest of efficiency to do so, may avail himself or herself of the offices of a person in the public service and delegate to that person the power to acquire supplies on behalf of the agency in accordance with the Public Tender Act.

(4) Notwithstanding subsection (1), where supplies are purchased under subsection (2) or (3), the agency shall be advised as soon as is practical and shall be furnished with all details of the purchase in a form that the director may prescribe.

Auditor general

51. All records in the possession of the agency shall be made available to the auditor general on the auditor general's request.

Report to minister

52. The director shall furnish to the minister information concerning the carrying out of the director's duties and responsibilities and the activities of the agency that the minister may request.

Government bound

53. The government is bound by the actions of the agency and the director acting within the scope of authority conferred by this Act.

Application

54. This Part applies notwithstanding the other provisions of this Act.

PART VI
QUEEN'S PRINTER

Queen's Printer

55. The minister may, by order, appoint an officer of the department to be the Queen's Printer for the province who shall, under the direction of the minister, exercise the printing and publishing functions for the government of the province that are assigned to the Queen's Printer by law or that may be assigned to the Queen's Printer by the minister.

Gazette, etc.

56. (1) The Queen's Printer shall publish an official gazette, which shall be known as The Newfoundland Gazette.

(2) The Queen's Printer shall print and publish all official and departmental and other reports, forms, documents, commissions and other papers that the Queen's Printer is required to print and publish by the authority of the Lieutenant-Governor in Council.

(3) Anything published under the superintendence of the Queen's Printer by authority of this or another Act shall be held to be printed by the Queen's Printer.

Official notices

57. All proclamations issued by the Lieutenant-Governor or under the authority of the Lieutenant-Governor in Council, and all official notices, orders-in-council, regulations, subordinate legislation, advertisements and documents relating to the province, or matters under the control of the House of Assembly and requiring publication, shall be published in the Gazette unless some other mode of publication is required by law.

Regulations re Gazette

58. The Lieutenant-Governor in Council may, by regulation

(a) prescribe the form, mode and times of publication of the Gazette;

(b) designate the public bodies, officers and persons to whom the Gazette is to be sent without charge; and

(c) establish the price of subscriptions to the Gazette and the charges to be paid for the publication of notices, advertisements and documents.

PART VII
GENERAL

Regulations

59. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) providing for the management, maintenance, proper use and protection of highways, local roads, airports, ferry landings and real or personal property, of which the minister has the management and control; and

(c) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

Identification card

60. (1) The minister may issue to a person who applies for one an identification card containing a photograph of the person.

(2) A person who wishes to obtain an identification card shall apply providing the minister with proof of identification and of age and the other information which the minister may require and shall pay the fee set by the minister.

(3) An identification card issued under this section shall be valid and shall be accepted for all purposes for which proof of identification is required under an Act or for another lawful purpose.

(4) An identification card issued under this section shall expire on the date shown on the card.

(5) A person who

(a) alters, defaces or otherwise changes an identification card issued under this section; or

(b) gives a false or fictitious name or gives a false address or other false or fictitious information in an application for an identification card issued under this section

is guilty of an offence and liable on summary conviction to a fine of $90.00.

(6) A driver's licence issued by the Registrar of Motor Vehicles under section 46 of the Highway Traffic Act which contains a photograph of the person to whom it was issued shall be valid and acceptable for all purposes for which an identification card issued under this section is valid and acceptable.

(7) An identification card issued under this section is valid for all purposes for which an identification card issued under section 59 of the Liquor Control Act is valid.

Entry on land

61. (1) The minister, after giving

(a) to the owner of land, where the owner is known and available and can easily be contacted; or

(b) to the occupier of occupied land, whether or not the occupier is the owner of the land, where the occupier lives on a part of the land or is known and available and can easily be contacted,

reasonable notice, may authorize an engineer, agent, servant or worker employed by or under the minister to enter into and upon the land and survey the land and make those borings or sink those trial-pits and cut those trees that the minister considers necessary relative to the work under his or her control and where agreement cannot be reached between the minister and the party having ownership of the land as to compensation to be paid, the amount of compensation shall be ascertained in the manner provided by law for assessing the compensation payable where land is expropriated.

(2) The minister shall, by his or her engineers, agents, servants or workers,

(a) in doing anything authorized by subsection (1), exercise reasonable precautions to prevent fires; and

(b) fill in, as soon as practicable, the borings and trial-pits referred to in subsection (1), so that the surface of the land is restored as nearly as reasonably possible to the condition existing before the borings were made or the trial-pits sunk.

Prohibition

62. A person shall not

(a) obstruct or interfere with an engineer, agent, servant or worker of the minister engaged in exercising on behalf of the minister power under this Part; or

(b) interfere with an erection placed upon or work done on land under this Part.

Offences

63. (1) A person who contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a first conviction to a fine not exceeding $500 and in the case of a second or subsequent conviction for a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a second or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions which are not second or subsequent convictions are considered first convictions.

(3) Every continuance for a day or a part of a day of the contravention referred to in subsection (1) constitutes a separate offence.

Consent to prosecution

64. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

©Earl G. Tucker, Queen's Printer