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Revised Statutes of Newfoundland 1990


CHAPTER P-15

AN ACT RESPECTING THE C. A. PIPPY PARK COMMISSION

Analysis

1. Short title

2. Definitions

3. Commission

4. Appointment

5. Chairperson

6. Remuneration of members

7. Meetings

8. Chairperson to be chief executive officer

9. Use of seal

10. Status of commission

11. Actions

12. Executive director

13. Appointment of staff

14. Members not to contract with commission

15. Financial year

16. Budget to be submitted

17. Change in budget

18. Approval of budget

19. Commission limited to budget

20. Annual report

21. Financial statement

22. Minutes to be kept

23. Audit of accounts

24. Non-application of Public Utilities Act

25. Powers of commission

26. Exercise of powers

27. By-laws

28. Area of C.A. Pippy Park

29. Appointment of advisors

30. Control area

31. Approval of improvements

32. Approval refused

33. Restriction on improvements

34. Restriction on construction of a building

35. Reconsideration of plans

36. Approval by commission

37. Restriction on improvements

38. Remedies

39. Performance by commission

40. Submission of plans

41. Payment for landscape construction

42. Reimbursement

43. Payment for landscape maintenance

44. Schedule of rates

45. Approval of commission

46. Submission of plan

47. Service facility

48. Service facility on commission land

49. Service maintenance

50. Service maintenance on commission land

51. Control by commission

52. Amount of expenses

53. Instruments invalid without consent of commission

54. Restriction on acquisition of land

55. Endorsement on registered documents

56. Restriction on disposal of commission land

57. Acquisition of land

58. Sale of lands by commission

59. Interpretation of total cost

60. Grant of funds

61. Payments by participating parties

62. Interest

63. Participating parties

64. Exemption of members, officers and employees of commission from liability for loss or damage

65. Master plan

66. Fire protection and law enforcement

67. Exemption from taxation

68. Review of master plan

69. Evidence of resolution

70. Crown bound by this Act

71. Act prevails


Short title

1. This Act may be cited as the Pippy Park Commission Act.

RSN1970 c298 s1

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Definitions

2. In this Act

(a) "auditor general" means the Auditor General of Newfoundland;

(b) "boat" includes a vessel used or designated to be used in navigation or fresh water, and "boating" has a corresponding meaning;

(c) "C.A. Pippy Park" means the area of land referred to in section 28;

(d) "chairperson" means the chairperson of the commission;

(e) "city" means the City of St. John's incorporated by the City of St. John's Act;

(f) "city land" means land within C.A. Pippy Park owned by the city;

(g) "commission" means the C.A. Pippy Park Commission;

(h) "commission land" means land within the C.A. Pippy Park owned by the commission;

(i) "control area" means the area of land referred to in section 30;

(j) "engineering advisor" means the engineering advisor appointed under section 29;

(k) "financial year" means the period beginning on April 1 in a calendar year and ending on March 31 in the next calendar year;

(l) "government" means the Lieutenant-Governor in Council;

(m) "government land" means land within the C.A. Pippy Park owned by the Crown;

(n) "improvement" means a building, structure or service facility constructed within the C.A. Pippy Park or the control area or landscape construction within the C.A. Pippy Park or the control area, 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;

(o) "instrument" means a map, plan, conveyance, transfer, mortgage or other written document relating to or affecting the transfer of or dealing with land;

(p) "landscape advisor" means the landscape advisor appointed under section 29;

(q) "landscape construction" means a clearing, breaking, grading, fertilizing or cultivation of an area or the construction of an outdoor ground surface for games or athletics or the establishment there of trees, shrubs, flowers, grass or other forms of vegetative growth or outdoor furniture, including seating of a type suitable for a garden or park but not for an audience or assembly of spectators, or functional or aesthetic features contributing to the general landscape design of the area, and includes the provision of those machines, equipment and tools that, in the opinion of the commission, are necessary;

(r) "landscape maintenance" means the sustaining of landscape construction and includes the provision of the machines, equipment and tools that, in the opinion of the commission, are necessary;

(s) "master plan" means the plan respecting the C.A. Pippy Park that is filed in the office of the commission and designated by the commission as the "master plan";

(t) "minister" means the Minister of Works, Services and Transportation or another minister of the Crown appointed by the Lieutenant-Governor in Council to administer this Act;

(u) "participating party" means the government, the city or the university;

(v) "person" includes a corporation and the executors, administrators or other legal representatives of a person, but does not include a participating party;

(w) "planning advisor" means the planning advisor appointed under section 29;

(x) "private land" means land within the C.A. Pippy Park owned by a person;

(y) "property" means real or personal property or an interest in either;

(z) "public land" means land within the C.A. Pippy Park owned by the Crown, the city, the university or the commission;

(aa) "schedule of rates" means the schedule of rates referred to in section 44;

(bb) "service facility" means anything by means of which water, light, power, communication or gas is supplied, or a sewer or sewage system, or other facility that in the opinion of the commission is necessary for the purpose of the C.A. Pippy Park, and includes a road, curb, bridge, sidewalk and parking lot and outdoor seating of a type suitable for an audience or assembly of spectators and also includes a building that is 1 of, or a combination of 2 or more of, the following kinds, but does not include another building, namely: headquarters building for the commission, public bathroom, toilet, shower, changing room, rest-room shelter, storage-building, pumphouse, greenhouse, machine-house and a building that, in the opinion of the commission, will be incidental to a park or used in connection with the operation of a park;

(cc) "service maintenance" means the maintenance of a service facility and includes snow removal and garbage disposal and the provision of the machines, equipment and tools that, in the opinion of the commission, may be necessary;

(dd) "university" means the Memorial University of Newfoundland constituted by the Memorial University Act; and

(ee) "university land" means land within the C.A. Pippy Park owned by the university.

RSN1970 c298 s2; 1973 No30 Sch; 1989 c33 Sch B

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Commission

3. The C.A. Pippy Park Commission is continued as a corporation.

RSN1970 c298 s4

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Appointment

4. (1) The membership of the commission shall consist of 8 members,

(a) 6 members, who shall hold office during pleasure, to be appointed by the Lieutenant-Governor in Council, 1 of whom shall be appointed after consultation with the C.A. Pippy family;

(b) 1 member to be appointed by the city; and

(c) 1 member to be appointed by the Board of Regents of the university,

and the period of appointment of a member shall be specified by the Lieutenant-Governor in Council, the city or the Board of Regents of the university.

(2) A member of the commission may be appointed for a term not exceeding 3 years and shall be eligible for appointment for a 2nd term not exceeding 3 years, but, after having been appointed for 2 successive terms, irrespective of their duration, he or she shall not be eligible for reappointment for a term beginning before the end of 1 year after the end of the 2nd term.

(3) Notwithstanding subsection (2), an appointment may be terminated by the participating party that made the appointment, or by the written and signed resignation of the member appointed, and, where a member resigns, the resignation shall take effect upon the chairperson or secretary of the commission receiving it, unless a later time is specified for the purpose in the written resignation, in which case the resignation shall take effect at the time specified.

(4) Where a vacancy in a participating party's representation on the commission occurs, the participating party may appoint another person to fill the vacancy.

(5) The exercise of the powers of the commission shall not be impaired because of a vacancy in its membership.

RSN1970 c298 s5

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Chairperson

5. (1) The Lieutenant-Governor in Council shall designate 1 of the members of the commission to be chairperson and another to be vice-chairperson of the commission, and the members of the commission shall appoint a secretary and a treasurer who may be, but it is not necessary that they are, members of the commission.

(2) During the incapacity or absence of the chairperson or where the office of chairperson is vacant, the vice-chairperson has and may exercise the powers of the chairperson and shall discharge his or her duties.

(3) Notwithstanding the Legislative Disabilities Act, where a member of the House of Assembly is or becomes a member of the commission the member's seat does not become vacant, nor is he or she disqualified from sitting or voting, by reason only of the appointment and acceptance of remuneration or other payment under section 6 as a member of the commission, and sections 2 and 4 of the Legislative Disabilities Act shall not apply to members of the commission and, when otherwise qualified, a member of the commission is eligible to be elected as a member of the House of Assembly.

(4) Notwithstanding the City of St. John's Act, where a member of the St. John's Municipal Council is or becomes a member of the commission he or she does not, by reason only of the appointment and acceptance of remuneration or other payment under section 6 as a member of the commission, become disqualified from being a member of or voting in the St. John's Municipal Council.

(5) The number of members of the commission that may be fixed by the commission shall constitute a quorum, and, until the commission fixes the number of members that shall constitute a quorum, 5 members of the commission shall constitute a quorum.

RSN1970 c298 s6

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Remuneration of members

6. A member of the commission may be paid the salary or other remuneration and expenses that the Lieutenant-Governor in Council may determine, but the payment shall be made by the commission.

RSN1970 c298 s7

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Meetings

7. The members of the commission shall meet whenever necessary for the transaction of business, but shall meet at least 3 times in a financial year.

RSN1970 c298 s9

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Chairperson to be chief executive officer

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; and

(c) have those other powers that may be conferred on him or her by the by-laws of the commission made under this Act.

(2) Acts done by the commission shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the commission, be as valid as if that defect had not existed.

RSN1970 c298 s10; 1983 c10 s1

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Use of seal

9. (1) The application of the common seal of the commission shall be witnessed by the chairperson or vice-chairperson and by the person acting as secretary of the commission.

(2) A contract or instrument which, if entered into or executed by a person not being a corporation would not be required to be under seal, may be entered into or executed on behalf of the commission by a person generally or specially authorized by it for that purpose.

(3) A document purporting to be a document executed or issued under the seal of the commission or on behalf of the commission shall, until the contrary is proved, be considered to be a document so executed or issued.

RSN1970 c298 s11

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Status of commission

10. (1) The commission is, for the purposes of this Act, an agent of the Crown and may exercise its powers under this Act only as an agent of the Crown.

(2) The commission may, on behalf of the Crown, enter into contracts or other agreements and acquire and dispose of and otherwise deal with property in the name of the commission.

(3) Notwithstanding that the commission is an agent of the Crown, it may enter into contracts with the Crown and appoint agents to act on its behalf and on the conditions that it considers necessary.

(4) Property of the commission is the property of the Crown and title to it shall be vested in the name of the commission.

(5) A member of the commission or a person employed by the commission does not become, because of the employment only, an officer or servant of the Crown.

(6) Section 3 of the Public Employees Act applies to the commission.

RSN1970 c298 s12; 1982 c9 s9

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Actions

11. Actions, suits or other legal proceedings in respect of a right or obligation acquired or incurred by the commission may be brought by or against the commission in the name of the commission in a court as if the commission were not an agent of the Crown.

RSN1970 c298 s13

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Executive director

12. (1) The Lieutenant-Governor in Council may appoint an executive director of the commission who shall hold office at pleasure.

(2) The executive director shall be charged with the direction, supervision and control of the day to day activities of the commission and shall perform the other duties that the commission may assign to him or her.

(3) The executive director shall be paid the salary that may be fixed by order of the Lieutenant-Governor in Council.

1983 c10 s2

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Appointment of staff

13. (1) Subject to the approval of the Lieutenant-Governor in Council, the commission may appoint those managers, engineers, accountants, employees and workers that may be considered necessary, and fix their remuneration and term of service.

(2) The Lieutenant-Governor in Council may by order

(a) empower the commission to make appointments to; and

(b) fix the remuneration to be paid in

a post or class of posts designated in the order, and a class may be designated by reference to a post, with or without exception, in which the annual remuneration does not exceed an amount prescribed in the order, and the commission may make appointments to and fix the terms of service in respect of a post or class of posts so designated, without further approval of the Lieutenant-Governor in Council.

RSN1970 c298 s14

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Members not to contract with commission

14. (1) A member of the commission shall not directly or indirectly, personally or through a person in trust for him or her, undertake or enjoy in whole or in part a contract, agreement or work with or for the commission.

(2) Subsection (1) does not apply to a member of the commission only because of his or her being a member of a company which enters into a contract, agreement or work with or for or otherwise has dealings with the commission, but that member shall not vote in the meetings of the commission in respect of that contract, agreement or work and where the member does vote the vote shall not be counted.

RSN1970 c298 s15

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Financial year

15. The financial year of the commission shall correspond with the financial year of the province.

RSN1970 c298 s16

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Budget to be submitted

16. The commission shall submit to the minister a budget containing estimates of sums required during the next financial year for the purposes of the commission and the budget shall be prepared under instructions relating to time, format and detail that may be issued by the minister.

1986 c32 s1

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Change in budget

17. Where in a financial year it appears that the actual revenue or expenditure of the commission is likely to be substantially greater or less than estimated in its budget, the commission may, and where required by the minister shall, submit to the minister a revised budget under section 16 including the particulars of receipts, payments and outstanding liabilities up to the date of submission.

1986 c32 s1

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Approval of budget

18. (1) The Lieutenant-Governor in Council may approve or disapprove a budget submitted by the commission.

(2) Where the minister requires the commission to submit a revised budget under section 17, the minister may notify the commission that the approval given in respect of a budget previously submitted is withdrawn and in that case shall state the date upon which the withdrawal takes effect.

RSN1970 c298 s19

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Commission limited to budget

19. Except with the approval of the Lieutenant-Governor in Council, the commission shall not in a year incur, enter upon, or contract or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in an approved budget.

RSN1970 c298 s20

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Annual report

20. (1) The commission shall, not later than December 31 in each year, prepare and submit to the minister a financial statement setting out the assets and liabilities of the commission and the receipts and expenditures of the commission for the previous year, together with a report concerning the work of the commission during the previous financial year.

(2) The statement and report referred to in subsection (1) shall be laid before the House of Assembly within 15 days after they are submitted to the minister if the Legislature is then sitting, and, if not, then within 15 days after the beginning of the next session.

1986 c32 s2

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Financial statement

21. The financial statement referred to in section 20 shall be signed by the chairperson and 1 other member of the commission and certified by the auditor general and shall have attached to it a report that the auditor general may have made to the commission.

RSN1970 c298 s22

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Minutes to be kept

22. The chairperson of the commission shall keep regular minutes of the meetings of the commission and shall ensure that full and complete books of account and records are kept.

RSN1970 c298 s23

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Audit of accounts

23. (1) The auditor general shall audit the accounts of the commission and has the authority to call for and shall be supplied by the commission with books and vouchers that he or she considers necessary for his or her audit.

(2) Where the auditor general makes an interim examination of the accounts of the commission during the course of a financial year, he or she shall submit a report of the examination to the chairperson of the commission and to the minister.

RSN1970 c298 s24; 1986 c32 s3

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Non-application of Public Utilities Act

24. (1) The Board of Commissioners of Public Utilities shall have no jurisdiction over the commission under the Public Utilities Act.

(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, by order, declare that the Public Utilities Act or a part of it shall apply to the commission, and that Act or those parts of it that may be prescribed in the order shall apply to the commission.

RSN1970 c298 s25

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Powers of commission

25. The commission shall have power

(a) to elaborate the master plan;

(b) to amend, subject to the approval of the Lieutenant-Governor in Council, the master plan after consultation with the planning advisor;

(c) to co-ordinate or control the use, development, conservation, maintenance and improvement of public land under the master plan;

(d) to acquire property by gift or purchase or otherwise;

(e) to hold or administer property or acquire by lease, licence or otherwise the right to occupy and use property;

(f) to sell, grant, convey, lease or otherwise dispose of property;

(g) to recommend the acquisition of additional public lands by a participating party inside the control area;

(h) to regulate the use of property situated inside the control area;

(i) to construct, maintain or operate a park, square, improvement or service facility;

(j) subject to the provisions of this Act relating to landscape maintenance, service maintenance, landscape construction and service facilities,

(i) to maintain, develop or improve, or build on commission land,

(ii) with the consent of a participating party, or of its agent or representative, to maintain, develop or improve, or build on, public land, other than commission land, owned by that participating party situated inside the C.A. Pippy Park, and

(iii) upon the request and at the expense of a participating party, to maintain, develop or improve property owned by that participating party and situated outside the C.A. Pippy Park, but inside the control area;

(k) on public land, to establish, maintain and operate, or grant concessions for the operation of, places of entertainment, amusement, recreation or refreshment or other places of public interest or accommodation;

(l) to invest for its benefit those sums of money belonging to it and available for investment in

(i) public securities of Canada or of a province or public securities guaranteed by Canada or a province respectively,

(ii) public stock, funds or government securities of or securities guaranteed by the United Kingdom or the United States of America, or

(iii) 1st mortgages given as security for loans in respect of which insurance policies have been issued under the National Housing Act, 1954 (Canada) or a successor statute and are in force;

(m) to dispose of securities in which money has been invested under paragraph (l) in the manner and on those terms that may be considered expedient;

(n) to acquire, take and hold, according to law, the property that is, in good faith, mortgaged, hypothecated or pledged to it by way of security or conveyed to it in satisfaction of debts previously contracted;

(o) to enter into a contract or agreement that it considers expedient or desirable in the exercise of its powers or the discharge of its duties under this Act;

(p) to draw, make, accept, endorse, execute and issue promissory notes, bills of exchange and other negotiable or transferable instruments; and

(q) generally to do and authorize the doing of those things that are necessary, desirable, incidental or conducive to the attainment of its objects and purposes and the exercise of its powers under this Act.

RSN1970 c298 s27; 1986 c32 s4

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Exercise of powers

26. (1) The commission shall exercise its powers by resolution and by-law.

(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 by-laws.

(3) A resolution shall require the approval of at least 5 members.

(4) A resolution amending the master plan under paragraph 25(b) shall require the approval of at least 6 members of the commission and the amendment to the master plan is subject to the approval of the Lieutenant-Governor in Council.

RSN1970 c298 s28; 1986 c32 s5

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By-laws

27. (1) Subject to the approval of the Lieutenant-Governor in Council and without prejudice to the rights and powers conferred on the commission by section 25, the commission may make by-laws

(a) regulating the use of public land and the construction or alteration of an improvement on that land;

(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, special constables or peace officers, or a person designated in writing by the chairperson of the commission to remove a vehicle or boat that is placed, left or kept in C.A. Pippy Park or the control area in contravention of this Act or a by-law, to impound or store the vehicle or boat and to 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 by-law, and providing for the recovery of the cost, if not paid within the specified period, 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 the action and the sale;

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

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

(g) respecting the provisions of a service facility;

(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 Department of Environment and Lands Act and the Waters Protection 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;

(q) for the internal government of the affairs of the commission, including its proceedings and the calling and conduct of its meetings; and

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

(2) A person who contravenes this Act or a by-law made under this section is guilty of an offence and liable on summary conviction to a fine not exceeding $200 or in default of payment to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

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

RSN1970 c298 s29; 1972 No11 s2; 1972 No25 s2; 1989 c33 Sch B

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Area of C.A. Pippy Park

28. (1) The commission shall manage and control, under this Act, an area of land, which shall be known as C.A. Pippy Park, comprised of the land that shall be so established and described by order of the Lieutenant-Governor in Council.

(2) The area of C.A. Pippy Park may be extended or reduced by order of the Lieutenant-Governor in Council.

(3) A copy of an order referred to in this section or in section 30 is considered to be included among the deeds and other documents to which reference is made in subsection 7(1) of the Registration of Deeds Act, and the copy may, notwithstanding that Act, be registered under that Act without proof for registration and without payment of fees.

(4) The registration of an order referred to in subsection (1) or (2) or in section 30 has the same effect as the registration of an instrument under the Registration of Deeds Act.

(5) Entry by the Registrar of Deeds, in the index of the books of registry, of the names of the Crown and the commission as the parties, the situation of the land to which an order under this section or section 30 relates, a description of the order as an order of the Lieutenant-Governor in Council and the date of the order constitutes compliance with section 23 of the Registration of Deeds Act.

RSN1970 c298 s30

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Appointment of advisors

29. The commission may appoint

(a) an advisor, to be known as the planning advisor, who shall be a member in good standing of the Town Planning Institute of Canada and have a recognized architectural qualification;

(b) an advisor, to be known as the landscape advisor, who shall be a landscape architect or a landscape planner; and

(c) an engineering advisor, who shall be registered as a professional engineer under the Engineers and Geoscientists Act.

RSN1970 c298 s31

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Control area

30. (1) There is, for the purposes of this Act, an area of land, which shall be known as the control area, comprised of the land that shall be so established and described by order of the Lieutenant-Governor in Council.

(2) The area of the control area may be extended or reduced, by order of the Lieutenant-Governor in Council.

(3) Subsections 28(3), (4) and (5) shall apply to an order made under this section.

RSN1970 c298 32

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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 on land within C.A. Pippy Park or the control area without making an application to, and receiving the approval of, the commission for the improvement.

RSN1970 c298 s33

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Approval refused

32. (1) Where the commission refuses to approve an application for the approval of an improvement in the C.A. Pippy Park or the control area referred to in section 31, the applicant may, by registered mail, send to the commission an offer to sell the land set out in the application, and the commission may, within 1 year after it receives the offer, recommend the purchase or expropriation of the land by the Crown or purchase the land, unless in the meantime it has been acquired by another person or a participating party.

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

RSN1970 c298 s34

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Restriction on improvements

33. (1) An improvement, except an improvement pertaining solely to the interior of a building, shall not be started or made by a participating party on public land without the approval of the commission.

(2) Subject to the approval of the Lieutenant-Governor in Council, the commission may make by-laws fixing fees payable in relation to an approval of an improvement granted under section 31 or this section.

RSN1970 c298 s35; 1986 c32 s6

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Restriction on construction of a building

34. (1) An approval of the construction of a building shall not be given under section 33 unless

(a) the 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; and

(b) the planning advisor has made a report on the proposed building and has recommended the approval by the commission of the proposed building, on the grounds that it is consistent with the master plan.

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

RSN1970 c298 s36

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Reconsideration of plans

35. Where a report is made under paragraph 34(1)(b) and the report is not favourable to the application for approval made by the participating party concerned, and the commission wishes to approve the application, the commission shall request the planning advisor to reconsider the plans submitted by the party seeking the approval of the commission.

RSN1970 c298 s37

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Approval by commission

36. Where, after the submission of plans, elevations, specifications and models under paragraph 34(1)(a), a recommendation of approval is not made under paragraph 34(1)(b), the commission may, nevertheless, give its approval, where it is satisfied that the plans respecting the proposed building are consistent with the master plan.

RSN1970 c298 s38

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Restriction on improvements

37. (1) The commission shall not make an improvement on public land unless it considers the proposed improvement to be consistent with the master plan.

(2) Notwithstanding subsection (1), the commission may, on public land, make an improvement of a merely temporary nature that is not consistent with the master plan where the commission considers it necessary to do so.

RSN1970 c298 s39

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Remedies

38. Where an improvement is made or land is used in contravention of this Act or a by-law passed under this Act, the commission or a participating party may, in addition to, or instead of having recourse to, another remedy provided for by this Act or by another law, bring an action against the owner in a court, and in the action the court may order the owner of the improvement to remove it at his or her own expense or by injunction restrain the owner from the continuance of the unlawful use of land.

RSN1970 c298 s40

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Performance by commission

39. The commission shall determine the landscape construction and the landscape maintenance to be performed on public land and shall perform landscape construction and landscape maintenance so determined.

RSN1970 c298 s41

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Submission of plans

40. The commission shall, where there is a landscape advisor, submit to him or her a plan of a proposed landscape construction, but it is not bound to accept the recommendation of the landscape advisor with respect to the proposed landscape construction.

RSN1970 c298 s42

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Payment for landscape construction

41. (1) A participating party constructing, or proposing to construct, a building on public land shall pay the commission for the portion of the landscape construction that the participating party may determine is necessary because of the construction or proposed construction of the building.

(2) A participating party requesting the commission to perform landscape construction on its lands in addition to the landscape construction proposed to be performed by the commission shall pay the commission for the additional landscape construction where performed by the commission.

(3) Except as provided for by subsections (1) and (2), landscape construction on public land shall be paid for by the commission.

RSN1970 c298 s43

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Reimbursement

42. Where, in the opinion of the commission, landscape construction in C.A. Pippy Park is substantially completed under the master plan, the commission may, subject to an agreement made under paragraph 25(o) or under section 63, reimburse a participating party the part of the sum paid under subsection 41(2) for additional landscape construction that the commission in its discretion considers expedient and desirable, the reimbursement to be made in the manner that may be determined by the commission.

RSN1970 c298 s44

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Payment for landscape maintenance

43. (1) Landscape maintenance on land of a participating party shall be performed at the expense of that participating party, and the expense shall be calculated in accordance with the schedule of rates established under section 44 or determined in accordance with section 52, but the expense may, at the discretion of the commission, be assumed wholly or partly by the commission in a case where the commission considers that it will derive all or a substantial part of the benefit to be derived from the landscape maintenance.

(2) In this section, the expression "land of a participating party" includes land that was owned by a participating party on or after April 1, 1968, but has subsequently been transferred to, and remains vested in, the commission.

RSN1970 c298 s45

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Schedule of rates

44. (1) Each year the commission shall establish a schedule of rates, applicable during the following financial year beginning on April 1 for the various types of landscape maintenance.

(2) The schedule of rates established under subsection (1) shall be adjusted in each succeeding financial year, having regard to the Dominion Bureau of Statistics employment and payroll index of average weekly wages and salaries for the City of St. John's for the month preceding April 1 in the financial year in respect of which the adjustment is made.

(3) The commission shall not be required to establish a schedule of rates under this section for the various types of landscape maintenance, where it finds it impractical to do so.

RSN1970 c298 s46

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Approval of commission

45. A service facility shall not be constructed by a participating party on its land without the approval of the commission.

RSN1970 c298 s47

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Submission of plan

46. The commission shall not, where there is an engineering advisor, approve the construction of a service facility referred to in section 45 unless it has submitted a plan respecting the proposed construction to him or her and has obtained his or her recommendations, but the commission is not bound to accept the recommendations of the engineering advisor.

RSN1970 c298 s48

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Service facility

47. A service facility required on the land of a participating party shall be constructed by and at the expense of the participating party, but the construction, or the expense of it, may, at the discretion of the commission, be assumed wholly or partly by the commission where the commission considers that it will derive all or a substantial part of the benefit to be derived from the service facility.

RSN1970 c298 s49

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Service facility on commission land

48. A service facility required on commission land shall be constructed by or for, and at the expense of, the commission.

RSN1970 c298 s50

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Service maintenance

49. (1) Service maintenance required on the land of a participating party may be performed by the commission at the expense of the participating party, but the expense may, at the discretion of the commission, be assumed wholly or partly by the commission where the commission considers that it will derive all or a substantial part of the benefit to be derived from the service maintenance.

(2) In this section, the expression "land of a participating party" includes land that was owned by a participating party on or after April, 1968, but has subsequently been transferred to, and remains vested in, the commission, but does not include a building on that land while the building is occupied or operated by the commission or its lessee, tenant or licensee, not being the participating party that transferred the land to the commission.

RSN1970 c298 s51

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Service maintenance on commission land

50. Service maintenance required on commission land shall be performed by and at the expense of the commission.

RSN1970 c298 s52

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Control by commission

51. Notwithstanding anything in the City of St. John's Act or in another Act, a road, street, bridge, highway, lane, alley, square or public place within C.A. Pippy Park and specified by the commission shall not be under the direction, management or control of the city, but this section does not affect the application in respect of C.A. Pippy Park, under subsection 27(3), of a by-law of the city.

RSN1970 c298 s53

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Amount of expenses

52. (1) The amount of the expense of landscape maintenance or service maintenance shall, in a case where the commission passes a resolution for the purpose of this subsection, be considered to be, notwithstanding that the amount of the expense might be determined in another manner, the sum fixed by the resolution, but a resolution shall not have effect unless it has been passed with the approval of at least 6 members of the commission.

(2) Where the amount of the expense of landscape maintenance or service maintenance has not been established to the satisfaction of the commission and the participating party liable for payment of the expense or a part of it, and a resolution has not been passed under subsection (1) with respect to the expense, the matter shall, in default of agreement between the commission and the participating party liable for payment, be settled by arbitration at the request of either the commission or the participating party.

(3) For an arbitration under this section, the commission and the participating party referred to in subsection (2) shall each appoint 1 arbitrator, and where either party fails to appoint an arbitrator after 7 clear days' notice in writing has been given to it by the other requiring it to do so, then the party who has given the notice may apply to the Trial Division or a judge of the court and the court or judge, after notice to the party in default, shall appoint the arbitrator and the 2 arbitrators so appointed shall appoint a 3rd arbitrator or umpire, and where they fail to appoint the 3rd arbitrator after 7 clear days' notice in writing from either party to do so, the Trial Division or a judge of the court shall, on the application either of the commission or the participating party, appoint the 3rd arbitrator, and the 3 so appointed shall proceed to hear the parties on the matter in dispute and make their decision and award.

(4) The award in an arbitration held under this section shall be made in writing and delivered promptly to the parties, and the decision and award of the arbitrators or of 2 of them shall be final and binding on the parties, except that either party may appeal to the Court of Appeal on questions of law only, by giving notice of the appeal to the other party within 1 month following the receipt of the award.

(5) The costs of the arbitration, including reasonable compensation for the arbitrators, shall be paid equally by the parties or as the arbitrators may otherwise direct.

(6) The Arbitration Act shall apply to an arbitration held under this section to which the government is a party.

RSN1970 c298 s54; 1974 No57 Sch D;
1986 c42 Schs A&B

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Instruments invalid without consent of commission

53. An instrument relating to public land shall be invalid unless it is consented to in writing by the commission, and the Registrar of Deeds for the province shall not register the instrument unless it is accompanied by the written consent of the commission to the proposed dealing.

RSN1970 c298 s55

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Restriction on acquisition of land

54. Land or an interest in land within C.A. Pippy Park, except land acquired under the Department of Works, Services and Transportation Act, may not be acquired without the written approval of the commission.

RSN1970 c298 s56; 1989 c33 Sch B

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Endorsement on registered documents

55. A document concerning land within C.A. Pippy Park shall be endorsed by the Registrar of Deeds for the province, before registration, with the notation "The land described in this document is subject to the Pippy Park Commission Act".

RSN1970 c298 s57

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Restriction on disposal of commission land

56. The commission shall not dispose of commission land to a person other than a participating party without the written consent of each participating party.

RSN1970 c298 s58

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Acquisition of land

57. (1) A participating party may, with the approval of the commission, acquire private land or land owned by another participating party within the control area.

(2) Subject to the approval of the commission, the city may, without complying with the City of St. John's Act and notwithstanding that Act, lease to the commission or transfer to the commission by way of sale, gift or otherwise any of the city's land within the control area.

RSN1970 c298 s59

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Sale of lands by commission

58. Land that is acquired by the commission may, at the discretion of the commission, be sold to a participating party wishing to purchase the land at a price that is, as nearly as it is possible to determine, equivalent to the total cost incurred by the commission in respect of the land.

RSN1970 c298 s60

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Interpretation of total cost

59. In section 58 "total cost" includes all expenditures that the commission determines it has incurred in respect of the land, including

(a) the actual cost of acquiring the land, of fixing and paying the price or the compensation for it and of valuations and other matters incidental or related to it; and

(b) the cost of improvements constructed by the commission on the land and the cost of landscape maintenance, construction of service facilities, and service maintenance in respect of the land, but the cost may be wholly or partly excluded at the discretion of the commission, where it considers that it will derive all or a substantial part of the benefit to be derived from the improvement, landscape maintenance, service facilities or service maintenance.

RSN1970 c298 s61

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Grant of funds

60. (1) The Lieutenant-Governor in Council may, from money voted by the Legislature for the purpose, make available and pay to the commission funds that it may require for the proper carrying out of its powers, functions and duties under this Act.

(2) In addition to money payable to it under subsection (1) and under the other provisions of this Act, the commission may receive and accept other sums of money that may be paid to it by way of grant, contribution or reimbursement from a source, where it receives those funds to help it in the attainment of its objects or in the proper exercise of its powers, functions and duties or to reimburse it for disbursements made by it.

(3) Money to be paid to the commission under subsection (1) shall be paid out of the Consolidated Revenue Fund.

RSN1970 c298 s62

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Payments by participating parties

61. (1) One-fourth of each of the sums to be paid by a participating party during a financial year under sections 43 and 49 shall become due on the 1st day of each of the months of April, July, October and January in that financial year, or at the other times that may be arranged, in the case of the participating parties, and either for the purpose of substituting a time for 1 occasion or for a specified or indefinite period, by agreement between the representatives of the commission on the one hand and the representatives of the participating party for whom the arrangement is to be made on the other.

(2) In subsection (1)

(a) the representatives of the commission shall be 2 or more members of the commission and for this purpose the secretary of the commission, where he or she is not otherwise a member of the commission, is considered to be a member of the commission;

(b) the representatives of the government shall be 2 or more of the members of the Executive Council of the province, and for this purpose the Deputy Minister of Finance is considered to be a member of the Executive Council;

(c) the representatives of the city shall be 2 or more of the members of the municipal council of the city, and for this purpose the city clerk is considered to be a member of the municipal council of the city; and

(d) the representatives of the university shall be the member of the commission appointed under paragraph 4(1)(c), the chairperson of the Board of Regents of the university or a person appointed in writing by the chairperson as his or her substitute and the president of the university, or 2 of the 3 persons.

(3) A person shall not act as representative of more than 1 of the bodies referred to in subsection (2).

RSN1970 c298 s63

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Interest

62. Where a participating party fails to pay a sum when due under this Act, it shall pay the commission, upon demand, interest at the rate of 6% annually on the amount in arrears from the date on which it became due.

RSN1970 c298 s64

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Participating parties

63. (1) A participating party may, for the purposes of this Act,

(a) enter into an agreement with the commission or another participating party;

(b) spend the money that it considers expedient or desirable for a purpose associated with the use, development, conservation, maintenance or improvement of the C.A. Pippy Park; and

(c) pay money to the commission on account of a future obligation of the participating party to the commission, whether or not the amount of the obligation is likely to be incurred in the same financial year in which the payment is made.

(2) Money to be paid under subsection (1) by the government shall, subject to the approval of the Lieutenant-Governor in Council, be paid out of the Consolidated Revenue Fund.

RSN1970 c298 s65

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Exemption of members, officers and employees of commission from liability for loss or damage

64. A member, officer or employee of the commission, acting on the instructions of the commission, or under the authority of this Act, or of a by-law 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 on good faith or omitted to be done under the authority or supposed authority of this Act.

RSN1970 c298 s66

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Master plan

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

RSN1970 c298 s67

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Fire protection and law enforcement

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

(2) Notwithstanding subsection (1), the commission may, subject to the approval of the Minister of Justice, appoint special constables, to be engaged at the expense of the commission, who shall hold office during the pleasure of the commission, and a special constable has and may exercise, within the C.A. Pippy Park, the powers of a member of the Royal Newfoundland Constabulary.

(3) Special constables appointed under subsection (2) shall, in the performance of their duties and the exercise of their powers, be subject to the lawful directions and orders of the Minister of Justice.

(4) A special constable 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, , solemnly swear/affirm that I will faithfully, diligently and impartially execute and perform the duties required of me as a Special Constable and will well and truly obey and perform all lawful orders and instructions that I receive, 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 prescribed in subsection (4) may be taken and signed before the Chief Justice or 1 of the other judges of the Trial Division.

(6) The oaths or affirmations signed under subsection (4) shall be retained by the commission as part of its records.

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

(8) 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.

RSN1970 c298 s68; 1981 c79 s8

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Exemption from taxation

67. Public land shall not be subject to taxation for provincial, municipal or school purposes, and the land shall be exempt from taxation.

RSN1970 c298 s69

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Review of master plan

68. The planning advisor shall review the master plan at least once every 5 years.

RSN1970 c298 s70

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Evidence of resolution

69. A copy of a resolution, by-law or other document in the custody of the secretary of the commission purporting to be certified by the secretary to be a true copy and purporting to be sealed with the seal of the commission shall be evidence of the resolution, by-law or document without proof of the signature of the secretary.

RSN1970 c298 s71

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Crown bound by this Act

70. The Crown is bound by this Act.

RSN1970 c298 s72

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Act prevails

71. Where this Act or a by-law made under this Act conflicts with another Act or regulations, this Act or the by-law shall prevail, but nothing in this Act or the by-law shall derogate from the powers of the senate of the university under the Memorial University Act.

RSN1970 c298 s73

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