Statutes of Newfoundland and Labrador 2008 Chapter 47

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, 2008.

SNL2006 c40

2. (1) Section 8 of the Attorney General Statutes Amendment Act, 2006 is repealed.

(2) This section is considered to have come into force on December 12, 2006.

CNLR 984/96 Rep.

3. The Automobile Dealers Regulations, Consolidated Newfoundland and Labrador Regulation 984/96, are repealed.

CNLR 1111/96 Rep.

4. The Election Rules, Consolidated Newfoundland and Labrador Regulation 1111/96, are repealed.

RSNL1990 cE-19 as amended

5. (1) Paragraph 3(d) of the Expropriation Act is repealed and the following substituted:

(d) the purpose of assisting or encouraging the establishment or development of a fishing enterprise by a person or for a purpose incidental or related to the establishment or development of that fishing enterprise;

(2) Section 56 of the Act is repealed and the following substituted:

Disposal of land

56. The minister may, subject to the approval of the Lieutenant-Governor in Council and to section 3 of the Works, Services and Transportation Act, sell, lease or otherwise dispose of land or an interest in land vested in him or her for and on behalf of the Crown under this Act, upon those terms and conditions and for the consideration that the minister considers appropriate.

RSNL1990 cH-10 as amended

6. Subparagraph 30(1)(b)(i) of the House of Assembly Act is repealed and the following substituted:

(i) in which the person who within the previous year was a minister holds 10% or more of the shares, or

SNL2000 cI-1.1 as amended

7. Subsection 10(1) of the Income Tax Act, 2000 is amended by striking out the reference to "section 118.13" and substituting a reference to "subsection 118.1(3)".

CNLR 782/96

8. (1) The Jurisdictions Designated for the Purpose of Registration of Limited Partnerships Order, Consolidated Newfoundland and Labrador Regulation 782/96, is amended by adding to it the following jurisdictions:

(a) the State of Delaware;

(b) the British Colony of Cayman Islands, British West Indies; and

(2) The jurisdictions referred to in subsection (1) are considered to have been validly registered, notwithstanding a defect in the requirements for registration under the Act,

(a) in the case of the jurisdictions referred to in paragraphs (1)(a) and (b), on the day the Order in Council was issued; and

(b) in the case of the jurisdiction referred to in paragraph (c), on the day the first limited liability partnership was purported to be registered in this province.

SNL1995 cL-16.1 as amended

9. Paragraph 5(b) of the Limitations Act is repealed and the following substituted:

(b) for damages in respect of injury to person or property including economic loss arising from negligent misrepresentation and professional negligence whether based on contract, tort or statutory duty;

SNL2004 cL-24.1 as amended

10. Section 5 of the Lobbyist Registration Act is amended by adding immediately after subsection (3) the following:

(3.1) Where, on January 1, 2009, a consultant lobbyist is performing an undertaking, that involves the city or council he or she shall file a return with the registrar not later than 10 days after that date.

SNL2005 cM-1.2

11. (1) Paragraph 5(6)(b) of the Massage Therapy Act, 2005 is repealed and the following substituted:

(b) an auditor shall be appointed to audit the accounts of the college and report on the financial statements prepared by the college.

(2) Subsection 5(8) of the Act is repealed and the following substituted:

(8) Notwithstanding subsection (7), where the registrar is also a director, the board may decide, by a majority vote, to remunerate the registrar.

(3) Subsection 10(5) of the Act is repealed and the following substituted:

(5) The licence of a person who does not comply with subsection (4) shall be considered to be revoked.

(4) Subsection 10(7) of the Act is amended by striking out the word "board" and substituting the word "college".

(5) Subsection 11(1) of the Act is repealed and the following substituted:

Registrar

11. (1) The board may elect a director as registrar or may appoint a person from outside the board or the college to be the registrar.

(6) Subsection 26(1) of the Act is repealed and the following substituted:

Costs of college

26. (1) Where a person who was ordered to pay the costs of the college under paragraph 20(2)(f) or 21(3)(f) fails to pay in the time required, the college may suspend the licence of that person until those costs are paid.

(7) Section 32 of the Act is repealed and the following substituted:

Protection from liability

32. An action for damages does not lie against the registrar, a member, officer or employee of the college, a person designated by the board, a member of a panel, tribunal or committee authorized under this Act, another agent of the board or the college as a corporation for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations as the registrar, a member, officer, employee, designate, agent or tribunal, panel or committee member authorized under this Act or for a decision or order made or enforced in good faith under this Act.

SNL2006 cM-9.1 as amended

12. Subsection 81(4) of the Mental Health Care and Treatment Act is repealed and the following substituted:

(4) Where a person has been transferred to the province under subsection (3), he or she may be detained and treated without his or her consent in a psychiatric unit for a period not to exceed 72 hours and shall be the subject of 2 psychiatric assessments in order to determine whether he or she should be admitted as an involuntary patient under section 24.

CNLR 1021/96 as amended

13. Section 44 of the Occupancy and Maintenance Regulations, Consolidated Newfoundland and Labrador Regulation 1021/96, is repealed and the following substituted:

Penalty

44. A person who contravenes a provision of this regulation shall, upon conviction, be liable to the penalties imposed by section 106 of the Urban and Rural Planning Act, 2000.

SNL2008 cP-7.01

14. Section 94 of the Personal Health Information Act is amended by renumbering the amendment to the Child and Youth Advocate Act effected by that section as section 15.3.

SNL2006 cP-38.1

15. Subsection 22(2) of the Public Inquiries Act, 2006 is repealed and the following substituted:

(2) Where an amount is appropriated to defray the costs of an inquiry, the expenditures incurred by the commission in the conduct of the inquiry shall be paid out of the Consolidated Revenue Fund without further approval, except that the commission shall comply with the provisions of the Financial Administration Act relating to expenditures by departments and agencies of the government of the province and policies established by the Lieutenant-Governor in Council in respect of the inquiry under section 29.

SNL1998 cS-13.2 as amended

16. Section 4 of the Services Charges Act is amended by adding immediately after subsection (6) the following:

(7) An amount purporting to be paid under Rule 55 of the Rules of the Supreme Court, 1986 upon a grant of letters of probate or administration or the resealing of a foreign grant after December 15, 1998 is considered to have been validly paid under this section notwithstanding it may have exceeded the amount payable under subsection (2) or (3).

CNLR 793/96, CNLR 794/96 and CNLR 971/96 Rep.

17. The following Orders, made under the Trustee Act and the Subordinate Legislation Revision and Consolidation Act, are repealed:

(a) Approved Public Utilities Order, Consolidated Newfoundland and Labrador Regulation 971/96;

(b) Bonds, Debentures, Debenture Stock and Other Securities of Loan Companies Order, Consolidated Newfoundland and Labrador Regulation 793/96; and

CNLR 1137/96 Rep.

18. The Veterinary Licensing Board Regulations, Consolidated Newfoundland and Labrador Regulation 1137/96, is repealed.

RSNL1990 cV-6 as amended

19. (1) Paragraph 26(2)(b) of the Vital Statistics Act is repealed.

(2) Section 27 of the Act is amended by renumbering it as subsection 27(1) and by adding immediately after that subsection the following:

(2) A certificate issued under this Act under the signature of the Registrar General is valid notwithstanding the person whose signature appears on the certificate is no longer the Registrar General on the date the certificate is issued.

SNL2002 cW-4.01 as amended

20. Paragraph 28(2)(e) of the Water Resources Act is repealed and the following substituted:

(e) where he or she believes it to be advisable, refuse to grant the transfer of the licence.