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Statutes of Newfoundland 1999


CHAPTER 22

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

(Assented to December 14, 1999)

Analysis

1. Short title

2. Advance Health Care Directives Act

3. Assessment Act

4. Attorney General Statutes Amendment Act, 1998

5. Canada-Newfoundland Atlantic Accord Implementation Newfoundland Act

6. Child Care Services Act

7. Child, Youth and Family Services Act

8. Commissioners for Oaths Act

9. Conflict of Interest Act, 1995

10. Denturists Act

11. Gasoline Tax Act

12. Housing Corporation Act

13. Insurance Contracts Act

14. Interpretation Act

15. Jury Act, 1991

16. Limitations Act

17. Mechanics’ Lien Act

18. Medical Care Insurance Act

19. Personal Property Security Act

20. Proceedings Against the Crown Act

21. Public Service Commission Act

22. Royal Newfoundland Constabulary Act, 1992

23. Small Claims Act

24. Social Services Appeal Board Act

25. Solemnization of Marriage Act

26. Subordinate Legislation Revision and Consolidation Act

27. Teachers' Pensions Act

28. Tobacco Tax Act

29. Workplace Health, Safety and Compensation 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 Attorney General Statutes Amendment Act, 1999.

SN1995 cA-4.1

2. Section 5 of the Advance Health Care Directives Act is amended by adding immediately after subsection (3) the following:

(4) Notwithstanding paragraph 3(a), the common law applies in the conduct of health research where there is no advance health care directive.

RSN1990 cA-18
as amended

3. (1) The long title of the Assessment Act is amended by deleting the words "AND SCHOOL TAXES BY SCHOOL TAX AUTHORITIES".

(2) Subsection 3(4) of the Act is repealed and the following substituted:

(4) An assessment of property in effect in a municipality on January 1, 1986 remains valid until a new assessment has been made under this Act.

(3) Section 13 of the Act is repealed and the following substituted:

Crown or other exempted property

13. Notwithstanding subsection 12(1), where rent or other valuable consideration is paid in respect of Crown property or other property not subject to the real property tax under the Municipalities Act, the City of Mount Pearl Act or the City of Corner Brook Act, property shall be assessed against the tenant as if the tenant were the owner of the property.

(4) Subsection 26(3) of the Act is amended by deleting the word "more" and substituting the word "fewer".

(5) Subsection 26(4) of the Act is repealed and the following substituted:

(4) Where, under section 38, a commission amends an assessment by decreasing the assessment appealed against by the appellant, the clerk shall refund a fee which has been paid under subsection (2).

(6) Subsection 31(8) of the Act is amended by deleting the words "or secretary".

SN1998 c6

4. Section 20 of the Attorney General Statutes Amendment Act, 1998 is amended by deleting the word "Subsections" and substituting the word "Subsection" and by deleting the word and reference "and 287(2)".

RSN1990 cC-2
as amended

5. (1) Subsection 135(1) of the Canada-Newfoundland Atlantic Accord Implementation Newfoundland Act is amended by deleting the phrase "Approval that is not" and substituting the phrase "No approval that is".

(2) Subparagraph 135(3)(a)(ii) of the Act is amended by deleting the comma immediately after the word "monitoring".

SN1998 cC-11.1

6. Subsection 15(2) of the Child Care Services Act is amended by adding immediately after the word "warrant" the words "is based".

SN1998 cC-12.1

7. (1) Subsection 2(2) of the Child, Youth and Family Services Act is amended by deleting the reference "paragraph (1)(h)" and substituting the reference "paragraph (1)(g)".

(2) Subsection 23(2) of the Act is amended by deleting the word "premise" and substituting the word "premises".

RSN1990 cC-25
as amended

8. (1) Subsection 7(2) of the Commissioners for Oaths Act is amended by deleting the phrase "Department of Social Services" and substituting the phrase "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.

SN1995 cC-30.1
as amended

9. Paragraph 2(1)(g) of the Conflict of Interest Act, 1995 is amended by deleting the phrase "for that purpose".

RSN1990 cD-7
as amended

10. Subsection 25(2) of the Denturists Act is repealed and the following substituted:

(2) A person who is otherwise qualified to obtain a licence or renewal under this Act shall not be denied a licence or renewal because that person has, without cause, been denied membership in the association or, without cause, has had his or her membership revoked.

RSN1990 cG-1
as amended

11. (1) Section 5 of the Gasoline Tax Act is amended by deleting the amount "$0.142" and substituting the amount "$0.15".

(2) This section is considered to have come into force on April 1, 1994.

RSN1990 cH-13
as amended

12. Section 43 of the Housing Corporation Act is repealed and the following substituted:

Effect of Limitations Act

43. The Limitations Act does not apply to lands or an interest in land owned or held for the purpose of this Act by the corporation.

RSN1990 cI-12

13. Subsection 9(3) of the Insurance Contracts Act is repealed and the following substituted:

(3) The appraisers shall determine the matters specified in the condition, and if they fail to agree, they shall submit their differences to the umpire, and the finding in writing of any 2 appraisers shall determine the matters.

RSN1990 cI-19
as amended

14. Paragraph 27(1)(v) of the Interpretation Act is repealed and the following substituted:

(v) "province" means the Province of Newfoundland except when used in reference to a part of Canada other than the Province of Newfoundland in which case "province" includes the Yukon Territory, the Northwest Territories and Nunavut;

SN1991 c16
as amended

15. Section 11 of the Jury Act, 1991 is amended by adding immediately after subsection (5) the following:

(6) An enumeration carried out and a jury list compiled from it is considered to have been validly carried out and compiled notwithstanding a defect in the enumeration or compilation.

SN1995 cL-16.1
as amended

16. (1) Subsection 11(3) of the Limitations Act is repealed and the following substituted:

(3) Where an application for an amendment to an action to which this or another Act applies is made after the expiration of the limitation period for that action, the court may allow that amendment

(a) to change the pleading or originating process; or

(b) to substitute or change the plaintiff or defendant,

provided that

(c) that amendment involves a non-prejudicial error and that it arises out of the facts set out in the original pleadings.

(2) Paragraph 15(5)(a) of the Act is amended by deleting the number "18" and substituting the number "19".

RSN1990 cM-3
as amended

17. (1) Paragraph 47(1)(b) of the Mechanics’ Lien Act is repealed.

(2) The Act is amended by adding immediately after section 47 the following:

Fees

48. The minister may set fees for the purpose and administration of this Act.

RSN1990 cM-5
as amended

18. (1) Section 43 of the Medical Care Insurance Act is amended by adding immediately after subsection (5) the following:

(5.1) Where as a result of a claim under this section there are insufficient funds to provide complete recovery to an insured person for his or her losses or injury and to pay the cost of insured services, that person and the commission shall share to that extent in proportion to their respective losses in a recovery, but nothing in this provision prevents the commission from waiving its share of an amount recovered where in the opinion of the commission the circumstances warrant.

(2) This section is considered to have come into force on April 5, 1977.

SN1998 cP-7.1

19. (1) Paragraph 75(8)(a) of the Personal Property Security Act is amended by deleting the word and figure "subsection 21(1)" and substituting the word and figure "section 76".

(2) Section 79 of the Act is repealed and the following substituted:

79. The Family Law Act is amended by adding immediately after section 34 the following:

Matrimonial or business assets

34.1 (1) A notice of an order or a notice of a domestic contract in respect of matrimonial assets or business assets in the nature of personal property as defined under the Personal Property Security Act may be filed in the personal property registry established under the Personal Property Security Act and, where it is not filed, the order or domestic contract does not affect the acquisition of an interest in the personal property by a person in good faith without notice of the order or domestic contract.

(2) Where an order or a domestic contract relates to goods that are designated by regulations made under the Personal Property Security Act as serial numbered goods and a notice does not describe these goods by serial number, the notice is considered not to be filed under subsection (1) with respect to those goods.

(3) This section is considered to have come into force on the day the Personal Property Security Act comes into force.

RSN1990 cP-26
as amended

20. Section 13 of the Proceedings Against the Crown Act is amended by deleting the phrase "sheriff, sub-sheriff or bailiff or another officer" and substituting the phrase "sheriff or other person".

RSN1990 cP-43
as amended

21. Paragraph 4(1)(k) of the Public Service Commission Act is amended by deleting the reference "6(1)" and substituting the reference "4(1)".

SN1992 cR-17
as amended

22. (1) Subsection 60(1) of the Royal Newfoundland Constabulary Act, 1992 is amended by deleting the word "and" at the end of paragraph (a) and by adding immediately after paragraph (a) the following:

(a.1) as required under section 174 of the Highway Traffic Act, section 38 of the Child Welfare Act, section 7 of the Fatalities Investigations Act or section 19 or 20 of the Corrections and Conditional Release Act (Canada); and

(2) Subsection 61(2) of the Act is repealed and the following substituted:

(2) Where this Act conflicts with another Act, this Act shall prevail except with respect to the provisions of those Acts referred to in paragraph 60(1)(a.1).

RSN1990 cS-16
as amended

23. Subsection 11(4) of the Small Claims Act is amended by deleting the reference "147(2)" and substituting the reference "146(2)".

SN1995 cS-17.1

24. (1) Subsection 3(7) of the Social Services Appeal Board Act is repealed and the following substituted:

(7) A member of the appeal board, or an alternate member, shall be appointed for a period of 3 years, is eligible for reappointment, and shall hold office until he or she is re-appointed or a successor is appointed.

(2) This section is considered to have come into force on March 31, 1999.

RSN1990 cS-19
as amended

25. (1) Section 9 of the Solemnization of Marriage Act is repealed.

(2) Subsection 10(2) of the Act is repealed.

(3) Subsection 13(2) of the Act is repealed.

(4) A failure to have published a list under section 9 of the Act, a name under subsection 10(2) of the Act or an order under subsection 13(2) of the Act does not affect the validity of a member of the clergy or another person appointed as a marriage commissioner to have performed a marriage ceremony or the validity of a marriage resulting from such a ceremony.

SN1995 cS-29.1
as amended

26. Section 7 of the Subordinate Legislation Revision and Consolidation Act is amended by adding immediately after subsection (1) the following:

(1.1) Subordinate Legislation included in an order made under subsection (1) shall be considered to have remained in force between June 30, 1996 and the date on which it was republished in the Gazette and to have been effective for all purposes during that period as if it had been republished under this Act before July 1, 1996, notwithstanding a decision of a court to the contrary given before the date of coming into force of this subsection.

SN1991 cT-17
as amended

27. Paragraph 3(1)(c) of the Teachers' Pensions Act is amended by adding immediately after the words and figure "the Schools Act, 1997" a comma and the words and comma "and for the purpose of this section, approved by the minister".

RSN1990 cT-5
as amended

28. Section 14 of the Tobacco Tax Act is repealed and the following substituted:

Prohibition

14. A person shall not sell or offer to sell tobacco at a retail sale or keep tobacco for sale at a retail sale in the province unless that person is a retailer.

RSN1990 cW-11
as amended

29. Subsection 45(2) of the Workplace Health, Safety and Compensation Act is amended by deleting the number "6" and substituting the number "3".

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