This is an official version. Copyright © 2006: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2006 AN ACT TO REMOVE ANOMALIES (Assented to Analysis 1.
Short title 2.
Adoption Act 3.
Attorney General Statutes Amendment Act,
2004 4.
City of 5.
City of 6. Court Security Act 7. Family Violence Protection Act 8.
Fish Inspection Act 9.
Labour Relations Act 10.
Lobbyist Registration Act 11.
Members of the House of Assembly
Retiring Allowances Act 12.
Mineral Regulations 13. Municipalities Act, 1999 14. Private Training Institutions Act 15.
Provincial Parks Regulations 16. Public Service Commission Act 17.
Securities Act 18.
Student Financial Assistance Act 19.
Support Orders Enforcement Act, 2006 20.
Waste Management Regulations, 2003 21.
General Amdt. 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, 2006. SNL1999 cA-2.1 2. (1) Subsection 5(10) of the Adoption Act is repealed and the
following substituted: (10) Where an adoption agency does not comply with
this Act, a director may, notwithstanding a penalty that may be imposed under
section 72, revoke a licence issued to that agency under this Act. (2) Subsection 20(3) of the Act is repealed and
the following substituted: (3) A person shall (a) be a resident of the province for at least 6
months; and (b) have had a child placed and residing in his or
her home for at least 6 months immediately before making an application
under this Act to adopt that child. SNL2004 c47 3. (1) Section 24 of the Attorney General Statutes Amendment Act, 2004 is repealed. (2) Subsections 27(1) and (2) of the Act are
repealed. (3) Subsections (1) and (2) are considered to have
come into force on RSNL1990 cC-15 4. Subsection 441(1) of the City of Corner Brook Act is repealed and the following substituted: Prosecutions 441. (1) Prosecutions
for offences under this Act may be carried out by the council or its agents or
a constable, notwithstanding section 76 of the Law Society Act, 1999. RSNL1900 c16 5. Subsection 441(1) of the City of Mount Pearl Act is repealed and the following substituted: Prosecutions 441. (1)
Prosecutions for offences under this Act may be carried out by the council or
its agents or a constable, notwithstanding section 76 of the Law Society Act, 1999. SNL2004 cC-37.01 6. (1) Subsection 6(2) of the Court Security Act is repealed and the
following substituted: (2) A security officer may evict a person from a
court area if that person (a) refuses to be screened for weapons; or (b) is in possession of a weapon and is not
authorized by the regulations or a security officer to possess a weapon in a
court area. (2) Subsection 8(3) of the Act is repealed and the
following substituted: (3) A person causes a disturbance within the
meaning of subsection (2) where he or she (a) fights, screams, shouts, swears, sings or uses
insulting or obscene language; (b) is impaired by alcohol or drugs; (c) impedes or molests another person; or (d) acts in a manner that a judge considers to be disruptive. SNL2005 cF-3.1 7. The Family Violence Protection Act is amended by adding immediately after section 2 the following: Authority of judge 2.1 Notwithstanding
sections 5 and 6 of the Unified Family
Court Act, an application under this Act shall be made to and heard and determined
by a judge in accordance with this Act and the regulations. RSNL1990 cF-12 8. Subsection 9(2) of the Fish Inspection Act is repealed and the following substituted: (2) A provincial court judge, who is satisfied by
an information upon oath or affirmation that there are reasonable grounds for
believing that there is on the premises anything that there are reasonable
grounds to believe will give evidence with respect to an offence under this Act
or the regulations, may issue a warrant authorizing an inspector named in the
warrant to enter and seize all fish or marine plants and containers or cartons
of them that are considered necessary, subject to the conditions that may be
specified in the warrant. RSNL1990 cL-1 9. (1) Section 148 of the Labour Relations Act is repealed. (2) Subsection (1) comes into force on the day the
Transparency and Accountability Act
comes into force. SNL2004 cL-24.1 10. (1) Paragraph 4(1)(q) of the Lobbyist Registration Act is repealed
and the following substituted: (q) those other persons or classes of persons that
may be prescribed by the Lieutenant-Governor in Council by regulation. (2) Paragraphs 5(4)(m) and (n) of the Act are
repealed and the following substituted: (m) whether the consultant lobbyist (i) has lobbied a member of the House of Assembly
in the member's capacity as a member or a person on the staff of a member of
the House of Assembly during the period for which the return is filed, and (ii) expects to lobby a member of the House of
Assembly in the member's capacity as a member or a person on the staff of a
member of the House of Assembly during the next following 6 month period; (n) the techniques of communication, including
grass-roots communication, that the consultant lobbyist (i) has used to lobby during the period for which
the return is filed, and (ii) expects to use to
lobby during the next following 6 month period; and (3) Subsection 15(2) of the Act is repealed and
the following substituted: (2) The registrar shall notify a consultant
lobbyist or senior officer of an organization that has failed to meet the
obligations referred to under subsection (1) of the particulars of that failure,
and if those obligations have not been met within 5 days of that notification,
the registrar may then remove the return from the registry. (4) Paragraph 28(3)(b) of the Act is repealed and
the following substituted: (b) where the commissioner has notified the
consultant lobbyist or in-house lobbyist of his or her proposed action under
paragraph (a) and provided that lobbyist with the opportunity to respond under
that paragraph, he or she shall, where the decision is taken to proceed under
subsection (1), notify the registrar in writing of the commissioner's final decision. SNL2005 cM-6.1 11. (1) Subsection 13(4) of the Members of the House of Assembly Retiring
Allowances Act is repealed and the following substituted: (4) Where a pensioner or a vested member referred
to in subsection (1) dies (a) leaving no surviving principal beneficiary; or (b) leaving a surviving principal beneficiary who
dies after that pensioner or vested member, the survivor benefit shall be paid to or
for the benefit of his or her surviving children while they are under the age
of 18 years or under the age of 25 years while they are in full-time attendance
at a recognized school or post-secondary institution. (2) Subsection 22(5) of the Act is repealed and
the following substituted: (5) Where a pensioner or a vested member referred
to in subsection (1) dies (a) leaving no surviving principal beneficiary; or (b) leaving a surviving principal beneficiary who
dies after that pensioner or vested member, 1/3 of the survivor benefit shall be paid
to or for the benefit of each of his or her surviving children or, where the
total amount payable under this section would exceed the maximum benefit
payable under this Act, the survivor benefit shall be divided equally among all
of the eligible children. (3) Subsections (1) and (2) are considered to have
come into force on CNLR 1143/96 12. (1) Paragraph 2(e) of the Mineral Regulations is repealed and the
following substituted: (e) "department" means the department
presided over by the minister; (2) Subsection 13(1) of the regulations is
repealed and the following substituted: Deposit not
required 13. (1) A
genuine prospector may make application electronically, in the manner provided
by the recorder, for map staked licences without submitting the deposit
referred to in subparagraph 8(b)(ii), but (a) no more than 5 licences shall be granted to
the genuine prospector in a calendar year; (b) licences granted to the genuine prospector in
the calendar year shall include a maximum of 30 claims; and (c) the deposit referred to shall become payable
in full where a transfer, except to the heir of the genuine prospector, is registered
with respect to one or more of the licences. SNL1999 cM-24 13. Subsection 421(1) of the Municipalities Act, 1999 is repealed and the following substituted: Prosecutions 421. (1) Prosecutions
for offences under this Act may be carried out by a council or a local service
district committee or its agent or a peace officer, notwithstanding section 76
of the Law Society Act, 1999. RSNL1990 cP-25 14. Section 19 of the Private Training Institutions Act is amended by adding immediately after subsection (2) the following: (3) Regulations made under this section may confer
powers or impose duties on the minister with respect to matters dealt with in
those regulations. NLR 91/97 15. Paragraph 2(i) of the Provincial Parks Regulations is repealed and the following
substituted: (i) "structure" means a constructed or fabricated object
intended to be permanent or semi permanent in nature and includes a (i) house, (ii) cottage, (iii) cabin, (iv) wharf, (v) dock, (vi) boathouse, (vii) slipway, (viii) trailer, (ix) mobile home, (x) tent, (xi) tent platform, and (xii) recreational vehicle used for any purpose, including a motor
vehicle; and RSNL1990 cP-43 16. Subsection 3(1) of the Public Service Commission Act is repealed and the following
substituted: Application of
Act 3. (1) This
Act applies to (a) those portions of the public service of the
province specified in Schedule A to this Act; (b) a body or agency considered to be a portion of
the public service of the province for the purposes of this Act and added to
that Schedule under this section; and (c) the House of Assembly establishment and the
statutory offices of the House of Assembly. RSNL1990 cS-13 17. Subsections 73(20) and (21) of the Securities Act are amended by striking
out the word "insurer" wherever it occurs and substituting the word
"issuer". SNL2002 cS-29.01 18. (1) Subsection 15(2) of the Student Financial Assistance Act is
repealed. (2) Section 16 of the Act is amended by adding
immediately after subsection (2) the following: (3) Regulations made under this section may confer
powers or impose duties on the minister with respect to matters dealt with in
those regulations. (3) Section 17.1 of the Act is amended by
renumbering it as subsection 17.1(1) and by adding immediately after that
subsection the following: (2) Subsection (1) applies to a loan entered into
on or before SNL2006 cS-31.1 19. (1) The Support Orders Enforcement Act, 2006 is amended by adding
immediately after section 86 the following: RSNL1990 cS-31 86.1 The Support
Orders Enforcement Act is repealed. (2) Subsection (1) comes into force on the day the
Support Orders Enforcement Act, 2006
comes into force. NLR 59/03 20. Subsection 23(5) of the Waste Management Regulations, 2003 is repealed and the following
substituted: (5) Notwithstanding paragraph 21(1)(i), this
section shall apply to a tire or used tire from a vehicle referred to in
subparagraphs (iii) and (iv) of that paragraph. General Amdt. 21. Where, in an Act, a provision defines the word
"minister" by reference to a department of the government, it is
repealed and the following substituted: "minister" means the minister appointed under the Executive Council Act to administer this Act;
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