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St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2005


CHAPTER 45

AN ACT TO AMEND THE PIPPY PARK COMMISSION ACT

(Assented to December 13, 2005)

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.5 Amdt.
Chairperson

        3.   S.8 Amdt.
Chairperson to preside

        4.   S.9 Amdt.
Use of seal

        5.   S.10 Amdt.
Status of commission

        6.   S.16 Amdt.
Budget to be submitted

        7.   S.17 R&S
Approval of budget

        8.   Ss.18 & 19 R&S
18.   Revised budget
19.   Commission limited
        to budget

        9.   Ss.20 & 21 Rep.
20.   Annual report
21.   Financial statement

      10.   S.22 Rep.
Minutes to be kept

      11.   S.25 Amdt.
Powers of commission

      12.   S.26 R&S
Exercise of powers

      13.   S.26.1 Added
Master plan

      14.   S.27 R&S
Power to make
regulations

      15.   S.28 Amdt.
Area of
C.A. Pippy Park

      16.   Ss.29 & 30 Rep.
29.   Appointment of
        advisors
30.   Control area

      17.   S.31 R&S
Approval of improvements

      18.   Ss.32 & 33 R&S
32.   Approval refused
33.   Restriction on
        improvements

      19.   S.34 R&S
Restriction on construction of a building

      20.   Ss.35 & 36 Rep.
35.   Reconsideration of
        plans
36.   Approval by
        commission

      21.   S.38 Amdt.
Remedies

      22.   S.40 Rep.
Submission of plans

      23.   S.44 Amdt.
Schedule of rates

      24.   S.46 Rep.
Submission of plan

      25.   S.48 R&S
Service facility on commission land

      26.   S.50 R&S
Service maintenance on commission land

      27.   S.51 Amdt.
Control by commission

      28.   S.52 Amdt.
Amount of expenses

      29.   S.54 R&S
Acquisition of land

      30.   Ss.54.1 & 54.2 Added
54.1 Right of first
        refusal
54.2 Disposal of land by
        commission

      31.   Ss.56 to 59 Rep.
56.   Restriction on disposal
        of commission land
57.   Acquisition of land
58.  
Sale of lands by
        commission
59.   Interpretation of total
        cost

      32.   S.61 Rep.
Payments by participating parties

      33.   S.64 R&S
Exemption of members, officers and employees of commission from liability

      34.   S.65 Rep.
Master plan

      35.   S.66 R&S
Fire protection and law enforcement

      36.   Ss.66.1 & 66.2 Added
66.1.                      Powers and protection
        of enforcement officers
66.2.                      Penalties

      37.   S.68 Rep.
Review of master plan

      38.   S.69 Amdt.
Evidence of resolution

      39.   S.71 Amdt.
Act prevails

      40.   Commencement


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

RSNL1990 cP-15
as amended

        1. (1) Paragraphs 2(i) and (j) of the Pippy Park Commission Act are repealed.

             (2)  Paragraph 2(n) of the Act is repealed and the following substituted:

             (n)  "improvement" means a building, structure or service facility constructed within the C.A. Pippy Park or a landscape construction within the C.A. Pippy Park, or an alteration or addition, the total value of which exceeds $1,000 in a period of 12 months, but does not include the ordinary care, maintenance and repair of a building, structure or service facility or of landscape construction;

             (3)  Paragraph 2(p) of the Act is repealed.

             (4)  Paragraph 2(t) of the Act is repealed and the following substituted:

              (t)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (5)  Paragraph 2(w) of the Act is repealed.

             (6)  Section 2 of the Act is amended by striking out the word "and" at the end of paragraph (dd), by striking out the period at the end of paragraph (ee) and substituting a semi-colon and the word "and" and by adding immediately after paragraph (ee) the following:

            (ff)  "vehicle" means all motorized vehicles designed and constructed for travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including four-wheel drive or low-pressure-tire vehicles, low-pressure-tire motorcycles and related two-wheel vehicles, snowmobiles, amphibious machines, ground effect or air-cushioned vehicles.

 

        2. Subsection 5(3) of the Act is repealed.

 

        3. Subsection 8(1) of the Act is repealed and the following substituted:

Chairperson to preside

        8. (1) The chairperson is the official head of the commission and shall

             (a)  preside over meetings of the commission;

             (b)  oversee generally the carrying out of the policies of the commission;

             (c)  keep regular minutes of the meetings of the commission and ensure that full and complete books of account and records are kept; and

             (d)  have those other powers that may be conferred on him or her by the internal rules of the commission established under paragraph 25(p.1).

 

        4. Subsection 9(1) of the Act is amended by striking out the words "the person acting as secretary of the commission" and substituting the words "one other member of the commission".

 

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

 

        6. Section 16 of the Act is amended by striking out the words "sums required during" and substituting the words "revenues and expenditures for".

 

        7. Section 17 of the Act is repealed and the following substituted:

Approval of budget

      17. The minister may approve, disapprove, revise or place conditions upon the budget submitted by the commission under section 16.

 

        8. Sections 18 and 19 of the Act are repealed and the following substituted:

Revised budget

      18. (1) Where in a financial year it appears that the actual revenue or expenditures of the commission are likely to be substantially greater or less than estimated in the budget approved by the minister under section 17, the commission shall submit to the minister a revised budget.

             (2)  The minister may approve, disapprove, revise or place conditions upon the revised budget or a portion submitted by the commission.

             (3)  The commission shall not become liable for an expenditure or indebtedness beyond or in excess of the amount of expenditure set out in a budget approved by the minister under section 17 or a revised budget approved by the minister under subsection (2).

 

        9. Sections 20 and 21 of the Act are repealed.

 

      10. Section 22 of the Act is repealed.

 

      11. (1) Paragraphs 25(a) and (b) of the Act are repealed and the following substituted:

             (a)  subject to the approval of the Lieutenant-Governor in Council, to borrow money from financial institutions in support of its business activities;

             (b)  subject to the approval of the Lieutenant-Governor in Council, to

                      (i)  incorporate segments of its business and commercial activities, and

                     (ii)  establish foundations in order to improve its operational efficiencies;

             (2)  Paragraphs 25(g) and (h) of the Act are repealed.

             (3)  Paragraph 25(j) of the Act is amended by adding the word "and" at the end of subparagraph (i), by striking out the comma and the word "and" at the end of subparagraph (ii) and substituting a semi-colon, and by repealing subparagraph (iii).

             (4)  Paragraph 25(l) of the Act is repealed and the following substituted:

              (l)  to invest for its benefit those sums of money belonging to it and available for investment in investments authorized under section 15 of the Financial Administration Act;

             (5)  Section 25 of the Act is amended by striking out the word "and" at the end of paragraph (p) and adding immediately after that paragraph the following:

          (p.1)  to establish rules for its internal governance, including its proceedings and the calling and conduct of its meetings;

          (p.2)  to fix fees, including fees payable in relation to an approval of an improvement granted under section 31, and to establish rates under section 44; and

 

      12. Section 26 of the Act is repealed and the following substituted:

Exercise of powers

      26. (1) The commission shall exercise its powers under section 25 by resolution.

             (2)  A resolution of the commission may be passed at a meeting of the members of the commission or in another manner prescribed by the rules of the commission.

             (3)  A resolution shall require the approval of a majority of members of the quorum as established under subsection 5(5).

 

      13. The Act is amended by adding immediately after section 26 the following:

Master plan

   26.1 (1) The commission shall prepare a master plan.

             (2)  The commission shall review the master plan at least once every 5 years.

             (3)  A participating party may propose to the commission that the master plan be implemented, elaborated or amended.

             (4)  The commission may by resolution recommend to the Lieutenant-Governor in Council the master plan and, after consultation as it considers appropriate, an amendment to the master plan.

             (5)  The Lieutenant-Governor in Council may, upon the recommendation of the commission under subsection (4), approve the master plan and an amendment to the master plan.

 

      14. Section 27 of the Act is repealed and the following substituted:

Power to make regulations

      27. (1) The commission, with the approval of the Lieutenant-Governor in Council and without prejudice to the rights and powers conferred on the commission under section 25, may make regulations

             (a)  regulating the use of land and the construction or alteration of an improvement on that land, consistent with the master plan;

             (b)  notwithstanding the Highway Traffic Act, controlling traffic, including the regulation of speed and the parking of vehicles;

             (c)  prohibiting or regulating boating;

             (d)  authorizing police, peace officers, including enforcement officers appointed by the commission, or a person designated in writing by the chairperson of the commission to

                      (i)  remove a vehicle or boat that is placed, left or kept in C.A. Pippy Park in contravention of this Act or a regulation,

                     (ii)  impound or store the vehicle or boat, and

                    (iii)  release it to the owner upon payment of the cost of removal and impounding or storage within a period of 30 days after the day of removal of the vehicle or boat or within the extended period that may be specified in the regulation,

and providing for the recovery of the cost from the owner of the vehicle or boat, by action in a court or by sale of the vehicle or boat at public auction or by private sale, or by both, where that cost has not been paid within the specified period;

             (e)  for the protection of animal, bird and plant life;

              (f)  subject to the Fire Prevention Act, 1991, for fire protection and the prevention and extinguishment of fires;

             (g)  respecting the provisions of a service facility, consistent with the master plan;

             (h)  regulating, restricting or prohibiting a trade, commercial enterprise, amusement, occupation or other activity or undertaking, determining the place where the activity or undertaking may or may not be carried on, providing for the licensing of a person carrying on the activity or undertaking and prescribing a licence fee;

              (i)  regulating, restricting or prohibiting sports, games, swimming, picnicking, camping or other recreational activities, except those that are a part of university activities;

              (j)  for the preservation of the public health and the prevention of the spread of disease;

             (k)  prohibiting the making of unnecessary noise;

              (l)  prohibiting the keeping, or controlling the use or manner of keeping, of horses, dogs and other animals;

            (m)  subject to the Environmental Protection Act and the Water Resources Act, for dealing with controlling the use of, preventing the pollution or contamination of or other injury to, the waters of a well, lake, stream, river, pond or other body of water;

             (n)  for the protection, care and preservation of property;

             (o)  with respect to the conduct, functions and duties of its employees;

             (p)  for preventing nuisances and compelling the abatement of nuisances; and

             (q)  generally with respect to the effective exercise of its powers, functions and duties and the management of its affairs under this Act.

             (2)  Acts, regulations and by-laws and other laws applicable in respect of C.A. Pippy Park, whenever enacted, shall continue to be applicable in respect of C.A. Pippy Park except to the extent that they are superseded by or in conflict with this Act or regulations made under this Act, in which event this Act and the regulations made under this Act shall prevail.

 

      15. (1) Subsections 28(3) and (4) of the Act are amended by striking out the words and number "or in section 30" wherever they occur.

             (2)  Subsection 28(5) of the Act is amended by striking out the words and number "or section 30".

 

      16. Sections 29 and 30 of the Act are repealed.

 

      17. Section 31 of the Act is repealed and the following substituted:

Approval of improvements

      31. An improvement, except an improvement pertaining solely to the interior of a building, shall not be started or made by a person or a participating party, on land within C.A. Pippy Park without making an application to, and receiving the approval of, the commission for the improvement.

 

      18. Sections 32 and 33 of the Act are repealed.

 

      19. Section 34 of the Act is repealed and the following substituted:

Restriction on construction of a building

      34. (1) An approval of the construction of a building shall not be given under section 31 unless the person or participating party requesting approval of the proposed building submits plans, elevations, specifications and models relating to the exterior of the proposed building that the commission may require.

             (2)  The commission may waive the requirements of subsection (1) where, in its opinion, the value of the proposed building will be less than $5,000.

             (3)  The commission shall give its approval where, after the submission of plans, elevations, specifications and models under subsection (1), it is satisfied that the plans respecting the proposed building are consistent with the master plan.

 

      20. Sections 35 and 36 of the Act are repealed.

 

      21. Section 38 of the Act is amended by striking out the word "by-law" and substituting the word "regulation".

 

      22. Section 40 of the Act is repealed.

 

      23. (1) Subsection 44(1) of the Act is amended by adding immediately after the words "landscape maintenance" the words "and service maintenance".

             (2)  Subsection 44(2) of the Act is repealed and the following substituted:

             (2)  The schedule of rates established under subsection (1) shall be set in a manner and in accordance with a method determined by the commission, subject to the approval of the Treasury Board.

             (3)  Subsection 44(3) of the Act is repealed.

 

      24. Section 46 of the Act is repealed.

 

      25. Section 48 of the Act is repealed and the following substituted:

Service facility on commission land

      48. Except as otherwise provided in an agreement under paragraph 25(o) or section 63, a service facility required on commission land shall be constructed by or for, and at the expense of, the commission.

 

      26. Section 50 of the Act is repealed and the following substituted:

Service maintenance on commission land

      50. Except as otherwise provided in an agreement under paragraph 25(o) or section 63, service maintenance required on commission land shall be performed by and at the expense of the commission.

 

      27. Section 51 of the Act is amended by striking out the citation "27(3)" and substituting the citation "27(2)".

 

      28. Subsection 52(1) of the Act is amended by striking out the comma immediately following the word "resolution" and by striking out the words "but a resolution shall not have effect unless it has been passed with the approval of at least 6 members of the commission".

 

      29. Section 54 of the Act is repealed and the following substituted:

Acquisition of land

      54. (1) A person or participating party may not acquire land or an interest in land within C.A. Pippy Park except with the written approval of the commission.

             (2)  Subsection (1) does not apply to the acquisition of land or an interest in land under Part III of the Works, Services and Transportation Act.

 

      30. The Act is amended by adding immediately after section 54 the following:

Right of first refusal

   54.1 (1) Where a person or a participating party intends to sell land within C.A. Pippy Park, that person or participating party shall first send to the commission by registered mail an offer to sell and the commission shall have 90 days from receipt of the offer to accept the offer of sale or to recommend the expropriation of the land by the Crown.

             (2)  Where the commission does not accept the offer of sale or recommend expropriation within 90 days from receipt of the offer of sale, the offer of sale shall be considered to have been rejected by the commission and the land may be sold to another person or participating party.

             (3)  The purposes of this Act are considered to be purposes for which land may be expropriated under the Expropriation Act.

Disposition of land by the commission

   54.2 (1) The commission shall not sell commission land to a person other than a participating party without the written consent of each participating party.

             (2)  Commission land shall be sold at a price to be determined by the commission.

 

      31. Sections 56, 57, 58 and 59 of the Act are repealed.

 

      32. Section 61 of the Act is repealed.

 

      33. Section 64 of the Act is repealed and the following substituted:

Exemption of members, officers and employees of commission from liability

      64. A member, officer or employee of the commission, including an enforcement officer appointed under subsection 66(2), when acting upon the instructions of the commission or under the authority of this Act or a regulation made under this Act, shall not be personally liable for a loss or damage suffered by a person or participating party because of anything done in good faith or omitted to be done under the authority of this Act.

 

      34. Section 65 of the Act is repealed.

 

      35. Section 66 of the Act is repealed and the following substituted:

Fire protection and law enforcement

      66. (1) Fire protection and law enforcement in the C.A. Pippy Park shall be provided by the government of the province.

             (2)  Notwithstanding subsection (1), the commission may appoint enforcement officers to carry out the provisions of this Act and the regulations made under this Act.

             (3)  Enforcement officers appointed under subsection (2) shall be engaged at the expense of the commission and shall hold office during the pleasure of the commission.

             (4)  An enforcement officer appointed under subsection (2) shall be supplied by the commission with an identification card and shall, before entering upon his or her duties, take and sign an oath of office in the following form:

"I,                           of                         in the Province of Newfoundland and Labrador, do solemnly swear (affirm) that I will faithfully, honestly, impartially and to the best of my ability, fulfil, execute and perform the duties required of me as an enforcement officer and will well and truly obey and perform all lawful orders and instructions that I receive from the commission, without fear, favour or affection of or towards a person." (Where an oath is taken, add "So help me God".)

             (5)  The oaths or affirmations required under subsection (4) may be taken and signed before a judge of the Trial Division and shall be retained by the commission as part of its records.

             (6)  The commission may make those charges against a participating party that it considers reasonable, in respect of services performed by enforcement officers appointed under subsection (2), and a participating party against whom a charge has been made shall pay the amount to the commission.

             (7)  Nothing in this section affects the power of the province or the Minister of Justice of the province to provide for the performance of police duties within the C.A. Pippy Park by members of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police.

 

      36. The Act is amended by adding immediately after section 66 the following:

Powers and protection of enforcement officers

   66.1 An enforcement officer appointed under subsection 66(2) has the powers of a peace officer to enforce this Act and the regulations and when performing his or her duties is entitled to the protection to which a peace officer is entitled under the Criminal Code.

Penalties

   66.2 A person who contravenes this Act or a regulation made under this Act

             (a)  may be expelled from public land by the commission, by an enforcement officer appointed under subsection 66(2) or by a member of the Royal Newfoundland Constabulary;

             (b)  is guilty of an offence and liable on summary conviction to a fine not exceeding $300 or to imprisonment for a term not exceeding 10 days or to both a fine and imprisonment; and

             (c)  in addition to a fine or term of imprisonment as set out in paragraph (b), is liable to pay the compensation that a Provincial Court judge may order for damage caused by that person in contravening this Act or regulation.

 

      37. Section 68 of the Act is repealed.

 

      38. Section 69 of the Act is amended by striking out the word "by-law" wherever it occurs and substituting the word "regulation".

 

      39. Section 71 of the Act is amended by striking out the word "by-law" wherever it occurs and substituting the word "regulation".

Commencement

      40. Section 9 of this Act comes into force on the same day the Transparency and Accountability Act comes into force.