Statutes of Newfoundland 1998 Chapter 6

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Statutes of Newfoundland 1998

CHAPTER 6 CHAPTER 6

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW
(Assented to June 5, 1998)

Analysis

1. Short title

2. Adoption of Children Act

3. Attorney General Statutes
Amendment Act, 1997

4. City of Corner Brook Act

5. City of Mount Pearl Act

6. Commissioners for Oaths Act

7. Degree Granting Act

8. Education Act

9. Elections Act, 1991

10. Executive Council Act

11. Financial Administration Act

12. House of Assembly Act

13. Human Rights Code

14. Hydro Corporation Act

15. Insurance Companies Act

16. Judgment Enforcement Act

17. Jury Act, 1991

18. Law Society Act

19. Medical Care Insurance Act

20. Municipalities Act

21. Pharmaceutical Association
Act, 1994

22. Provincial Offences Act

23. Real Estate Trading Act

24. Small Claims Act

25. Support Orders
Enforcement Act

26. Trust and Loan Corporations
Licensing Act

27. Trustee Act

28. Wild Life Act

29. RSN1990 Sch. Amdt.

30. Fees collected properly

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Attorney General Statutes Amendment Act, 1998.

RSN1990 cA-3
as amended

2. Paragraph 16(b) of the Adoption of Children Act is amended by deleting the reference "subsection 8(1)" and substituting the reference "section 8".

SN1997 c13

3. Subsection 57(4) of the Attorney General Statutes Amendment Act, 1997 is repealed and the following substituted:

(4) Section 18 of the Act is amended by striking out the citation "paragraph 17(e)" and substituting the citation "section 17.1".

RSN1990 cC-15
as amended

4. Subsection 109(2) of the City of Corner Brook Act is repealed and the following substituted:

(2) An auditor appointed under subsection (1) shall be a member of

(a) the Institute of Chartered Accountants of Newfoundland;

(b) the Society of Management Accountants of Newfoundland;

(c) the Certified General Accountants Association of Newfoundland; or

(d) the auditor general and the auditor general's staff

who is licensed under the Public Accountancy Act and his or her appointment remains in effect until revoked by council.

RSN1990 cC-16
as amended

5. Subsection 109(2) of the City of Mount Pearl Act is repealed and the following substituted:

(2) An auditor appointed under subsection (1) shall be a member of

(a) the Institute of Chartered Accountants of Newfoundland;

(b) the Society of Management Accountants of Newfoundland;

(c) the Certified General Accountants Association of Newfoundland; or

(d) the auditor general and the auditor general's staff

who is licensed under the Public Accountancy Act and his or her appointment remains in effect until revoked by council.

RSN1990 cC-25
as amended

6. (1) Subsection 7(1) of the Commissioners for Oaths Act is amended by deleting the phrase "the Department of Social Services" and substituting the phrase "the government or a board established under the Health and Community Services Act or the Hospitals Act".

(2) This section is considered to have come into force on April 1, 1998.

RSN1990 cD-5

7. Section 9 of the Degree Granting Act is repealed and the following substituted:

RSN1990 cM-7 Amdt.

9. Subsection 3(2) of the Memorial University Act is amended by striking out the comma immediately before the words and the words "nor shall another university have power to grant degrees".

SN1995 cE-2.1 Rep.

8. (1) The Education Act is repealed.

(2) This section is considered to have come into force on January 9, 1998.

SN1992 cE-3.1
as amended

9. (1) Subsection 55(2) of the Elections Act, 1991 is amended by deleting the phrase "occurring within the period of 2 years immediately".

(2) Subsection 55(4) of the Act is amended by striking out the words "or other use prescribed by law" and substituting the words "or other electoral use prescribed by law".

SN1995 cE-16.1
as amended

10. Section 20 of the Executive Council Act is repealed and the following substituted:

Transfer of money

20. Where under section 17, the duties and functions of a department are transferred to another department, 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, shall be expended through the department to which those duties and functions are transferred and 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.

RSN1990 cF-8
as amended

11. Subsection 38(1) of the Financial Administration Act is repealed and the following substituted:

Method

38. (1) Where in an Act authority is given to the Lieutenant-Governor in Council to raise by way of loan a sum of money, unless there is some provision to the contrary in the Act, the Lieutenant-Governor in Council may raise that money by the issue and sale of securities in a form, at a price, whether at par value or less or more than par value, at a rate of interest and upon those other terms and conditions that the Lieutenant-Governor in Council, or the Minister of Finance, where the minister is appointed under section 43, may approve, and the principal amount of and interest on all securities so issued and sold is a charge on and shall be paid out of the Consolidated Revenue Fund.

RSN1990 cH-10
as amended

12. Section 3 of the House of Assembly Act is repealed and the following substituted:

3. The House of Assembly shall continue for no longer than 5 years from the date fixed for the return of the writs at a general election of its members.

RSN1990 cH-14
as amended

13. The Human Rights Code is amended by adding immediately after section 28 of the following:

Appointment continued

28.1 (1) Where a board of inquiry has begun to consider, review, hear and decide upon a matter that has been referred to it, and appointment of a member expires before he or she gives a decision, the appointment of that member shall, for the purpose of deciding upon that matter, be considered to have been extended and the member continues to have all the power conferred by this Act to consider, review, hear and decide upon that matter.

(2) Subsection (1) applies to extend the appointment of a member of a board of inquiry whose appointment may have expired before this section comes into force as well as to the extension of the appointment of a member whose appointment expires after this section comes into force.

RSN1990 cH-16
as amended

14. (1) Subsection 27(1) of the Hydro Corporation Act is repealed and the following substituted:

Borrowing power

27. (1) Subject to the prior approval of the Lieutenant-Governor in Council, the corporation may

(a) borrow money for its purposes, including the installation and maintenance of a system for the development, generation, production, transmission, distribution, delivery, supply, sale or use of power; and

(b) to secure the repayment of money borrowed

(i) issue bonds, debentures, or other securities of the corporation,

(ii) execute and deliver mortgages, assignments, conveyances, charges or other encumbrances of and over property of every nature and kind, both present and future, title to which is vested in the corporation, and

(iii) enter into, execute and deliver a trust deed, trust indenture or an agreement with a lender, a trustee acting for the holders of bonds and debentures or other person,

and the money may be borrowed at the rate of interest and upon the terms and conditions, and the instruments and documents may be issued or executed and delivered in the form, that the Lieutenant-Governor in Council, or, where the authority to do so is delegated to the Minister of Finance by the Lieutenant-Governor in Council, the Minister of Finance, approves.

(2) Section 28 of the Act is repealed and the following substituted:

Guarantee of loans

28. Subject to the prior approval of the Lieutenant-Governor in Council, the Minister of Finance acting for and on behalf of the Crown may unconditionally guarantee both as to principal, interest, including interest on overdue interest, premium and sinking fund payments, loans authorized under section 27 to be raised by the corporation, and the loan may be raised by bonds, debenture, or other securities to be issued by the corporation

(a) in a principal amount not exceeding the amount;

(b) at a rate of interest;

(c) on the terms and conditions; and

(d) with provision for redemption at the time,

that may be approved by the Lieutenant-Governor in Council, or, where the authority to do so is delegated to the Minister of Finance by the Lieutenant-Governor in Council, the Minister of Finance, and the bonds, debentures or other securities may be issued or sold in the numbers and amounts, at the times, at the prices, and upon the terms that the Lieutenant-Governor in Council or the minister may approve.

RSN1990 cI-10
as amended

15. Subsection 16(4) of the Insurance Companies Act is amended by deleting the reference "paragraph (2)(a), (d), (e) or (f)" and substituting the reference "subsection (2)".

SN1996 cJ-1.1
as amended

16. (1) Subsection 66(2) of the Judgment Enforcement Act is amended by adding immediately after the word "debtor" the words "or other persons".

(2) Section 114 of the Act is amended by adding immediately after subsection (5), the following:

(6) Notwithstanding subsection (1), the sheriff may extend a garnishee order for an additional period the sheriff considers appropriate.

(7) Subsection (6) is considered to have come into force on June 1, 1998.

(3) Subsection 146(12) of the Act is amended by deleting the word "and" at the end of paragraph (b), by deleting the period at the end of paragraph (c) and substituting a semi-colon and the word "and" and by adding immediately after that paragraph the following:

(d) where there has been a change in the personal situation of the debtor relevant to the payment schedule, the debtor or a small claims creditor may only apply to a judge of the Provincial Court for a change or cancellation of the payment schedule in accordance with the Small Claims Act.

(4) Section 194 of the Act is amended by adding immediately after the number "136" a comma and the number "138".

SN1991 c16
as amended

17. (1) Section 20 of the Jury Act, 1991 is amended by deleting the words "or sub-sheriff" wherever they appear.

(2) Section 21 of the Act is amended by deleting the words "or sub-sheriff" wherever they appear.

(3) Subsection 22(1) of the Act is amended by deleting the words "or sub-sheriff".

(4) Section 23 of the Act is amended by deleting the word "sub-sheriff" wherever it appears and substituting the words "the deputy sheriff".

(5) Subsection 24(1) of the Act is amended by deleting the words "or sub-sheriff".

(6) Section 25 of the Act is amended by deleting the words "or sub-sheriff" wherever they appear.

RSN1990 cL-9
as amended

18. Paragraph 20(s) of the Law Society Act is amended by adding immediately after the words and comma "chartered accountant," the words and commas "certified general accountant, certified management accountant, licensed under the Public Accountancy Act".

RSN1990 cM-5
as amended

19. (1) Subsection 40(9) of the Medical Care Insurance Act is amended deleting the reference "paragraph 6(iii)" and substituting the reference "paragraph 6(e)".

(2) Section 41 of the Act is amended by striking out the reference "paragraphs 40(6)(i) and (ii)" and substituting the reference "paragraphs 40(6)(c) and (d)".

RSN1990 cM-23
as amended

20. Subsections 82(2) and 287(2) of the Municipalities Act are repealed and the following substituted:

(2) An auditor appointed under subsection (1) shall be a member of

(a) the Institute of Chartered Accountants of Newfoundland;

(b) the Society of Management Accountants of Newfoundland;

(d) the auditor general and the auditor general's staff

licensed under the Public Accountancy Act and his or her appointment remains in effect until revoked by council.

SN1994 cP-12.1
as amended

21. (1) Paragraph 2(o) of the Pharmaceutical Association Act, 1994 is repealed and the following substituted:

(o) "practice of pharmacy" means

(i) having responsibility for preparing, distributing and controlling drugs in a pharmacy,

(ii) compounding a prescription,

(iii) dispensing a drug,

(iv) selling a drug by retail,

(v) disseminating information on the safe and effective use of a drug when dispensing or selling a drug, or

(vi) subdividing or breaking up a manufacturer's original package of a drug for the purpose of repackaging the drug in larger or smaller quantities for redistribution,

and includes teaching, consulting or advising in the areas of pharmaceutical services, education, policy or research by a person registered under this Act;

(2) Paragraph 14(a) of the Act is repealed.

(3) Paragraph 14(k) of the Act is amended by deleting the words "forms and".

(4) The Act is amended by adding immediately after section 14 the following:

Fees and forms

14.1 The association may set fees and prescribe forms for the purpose and administration of this Act.

(5) Paragraph 21(2)(b) of the Act is amended by deleting the phrase "required by the regulations" and substituting the phrase "set by the association".

SN1995 cP-31.1
as amended

22. Section 43 of the Provincial Offences Act is amended by deleting the reference "Investigation of Fatalities Act" and substituting the reference "Fatalities Investigations Act".

RSN1990 cR-2
as amended

23. Subsection 60(1) of the Real Estate Trading Act is repealed and the following substituted:

Audit and report

60. (1) The accounts of the foundation shall be audited annually by a chartered accountant, a certified management accountant or a certified general accountant licensed under the Public Accountancy Act and that person shall report to the foundation and the superintendent.

RSN1990 cS-16
as amended

24. Section 8 of the Small Claims Act is repealed.

RSN1990 cS-31
as amended

25. Subsection 51(1) of the Support Orders Enforcement Act is amended by deleting the reference "Limitation of Actions Personal and Guarantees Act" and substituting the reference "Limitations Act".

RSN1990 cT-9
as amended

26. (1) Paragraph 2(b.1) of the Trust and Loan Corporations Licensing Act is repealed and the following substituted:

(b.1) "corporation" means a trust corporation or a loan corporation incorporated under the laws of a province of Canada or the Parliament of Canada;

(2) This section shall be considered to have come into force on December 20, 1974.

RSN1990 cT-10
as amended

27. Paragraph 3(m) of the Trustee Act is amended by deleting the word "that" and substituting the word "the".

RSN1990 cW-8
as amended

28. Paragraph 2(c) of the Wild Life Act is repealed.

RSN1990 Sch. Amdt.

29. (1) Schedule A of the Revised Statutes of Newfoundland, 1990 is amended by deleting the line commencing with Chapter 13 under the heading "1904".

(2) This section is considered to have come into force on June 1, 1992.

Fees collected properly

30. Fees collected for the filing of documents under the Small Claims Act from January 1, 1997 to April 15, 1998 shall be considered to have been collected in accordance with that Act.