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Second
Session, 46th General Assembly 58
Elizabeth II, 2009 |
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AN ACT TO REMOVE
ANOMALIES |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
FELIX COLLINS Minister of Justice and Attorney General |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES General: The purpose of this Bill is to bring before
the House of Assembly matters in the statute law that require legislative correction
as a result of amendments or enactments made in previous sessions. The
amendments contained in this Bill have been brought to the attention of the
Minister of Justice and are technical amendments not involving matters of
policy. Each amendment is explained by
reference to the clause of the Bill by which it is proposed. Clause 1 of the Bill is the short title. Clause 2 of the Bill would amend paragraph 2(c) of the Archaeological Investigation Permit Regulations to reflect the province's gender-neutral drafting policy. Clause 3 of the Bill would amend
paragraphs 22(2)(f) and 23(3)(f) of the Architects
Act, 2008 to correct errors in cross-referencing. Clause 4 of the Bill would amend
paragraph 21(1.3)(b) of the Child and Youth Advocate Act to correct an error in citation. Clause 5 of the Bill would amend paragraph 2(1)(a.1) of the Conflict of Interest Act, 1995 to reflect the change in title of the Commissioner of Members' Interest to that of Commissioner for Legislative Standards effected by the House of Assembly Accountability, Integrity and Administration Act. Clause 6 of the Bill would amend
subsection 21.1(2) of the Income Tax Act,
2000 to reflect the decision of the House during this year's budget debate
regarding the thresholds for the calculation of the low income tax reduction. Clause 7 of the Bill would amend subsection 5(4) of the Insurance Contracts Act to correct a typographical error. Clause 8 of the Bill would amend subparagraph 111(b)(ii) of the Judgment Enforcement Act to clarify its meaning. Clause 9 of the Bill would amend subsection 59(1) of the Lands Act to correct an error in the syntax of the provision. Clause 10 of the Bill would amend paragraph 19(7)(d) of the Marriage Act to delete erroneously repeated words. Clause 11 of the Bill would amend paragraph 90(1)(g) of the Personal Health Information Act to correct a typographical error. Clause 12 of the Bill would amend
subsection 20(1) of the Public Service
Collective Bargaining Act to insert a word erroneously left out when the
provision was last consolidated. Clause 13 of the Bill would add a provision to the Public Trustee Act, 2009 to repeal the predecessor to that Act. It was inadvertently omitted. Clause 14 of the Bill would amend subsection 21(3) of the Registered Nurses Act, 2008 to correct an error of reference. Clause 15 of the Bill would repeal a
number of obsolete or spent Acts and regulations. |
A AN ACT TO REMOVE ANOMALIES Analysis 1. Short title 2.
Archaeological Investigation Permit Regulations 3.
Architects Act, 2008 4.
Child and Youth Advocate Act 5. Conflict of Interest Act, 1995 6. Income Tax Act, 2000 7.
Insurance Contracts Act 8.
Judgment Enforcement Act 9.
Lands Act 10.
Marriage Act 11.
Personal Health Information Act 12.
Public Service Collective Bargaining Act 13.
Public Trustee Act, 2009 14.
Registered
Nurses Act, 2008 15.
Repeal 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, 2009. CNLR 963/96 2. Paragraph 2(c) of the Archaeological Investigation Permit Regulations is repealed and the following substituted: (c) "archaeological resource" means a work of human beings that (i) is primarily of value for its prehistoric, historic, cultural or scientific significance, and (ii) is or was buried or partially buried in the
land in the province; SNL2008 cA-15.1 3. (1) Paragraph 22(2)(f) of the Architects Act, 2008 is repealed and the following substituted: (f) order that the registrar publish a summary of the decision including the information set out in subsection 24(4) and other information that the tribunal may specify; and (2) Paragraph 23(3)(f) of the Act is repealed and the following substituted: (f) order that the registrar publish a summary of
the decision including the information set out in subsection 24(4) and other
information that the tribunal may specify; and SNL2001 cC-12.01 4. Paragraph 21(1.3)(b) of the Child and Youth Advocate Act is repealed and the following substituted: (b) information that is not permitted to be made
public by section 47 of the Adoption Act. SNL1995 cC-30.1 5. Paragraph 2(1)(a.1) of the Conflict of Interest Act, 1995 is repealed and the following substituted: (a.1) "commissioner" means the Commissioner for Legislative Standards appointed under the House of Assembly Act; SNL2000 cI-1.1 6. (1) Paragraphs 21.1(2)(b) and (c) of the Income Tax Act, 2000 are repealed and the following substituted: (b) $15,911; or (c) where the eligible individual has a qualified relation for the year or claims an amount under paragraph 9(1)(b) for the year, $26,625, (2) This section is considered to have come into
force on RSNL1990 cI-12 7. The Insurance
Contracts Act is amended by repealing subsection 5(4) and substituting the
following: (4) The proposal or application of an insured shall not, as against the insured, be considered to be a part of or be considered with the contract except in so far as the court determines that it contains a material misrepresentation by which the insurer was induced to enter into the contract. SNL1996 cJ-1.1 8. Subparagraph 111(b)(ii) of the Judgment Enforcement Act is repealed and the following substituted: (ii) a security, but the court may authorize the attachment of the security, SNL1991 c36 9. Subsection 59(1) of the Lands Act is repealed and the following substituted: Prohibition
against conveying 59. (1) The Lieutenant-Governor in Council may, with respect to lands within a special management area, by regulation, prohibit, without limitation of time, or for the period, or make subject to the conditions or restrictions, that may be prescribed in the regulation, (a) the conveying, leasing or licensing of those lands, whether privately owned or not, or the conveyance of other rights in respect of those lands; (b) the erection, construction or placing of a building, structure or thing in, on or over those lands; or (c) the application of those lands for agricultural, commercial, industrial, recreational, residential or other purposes. SNL2009 cM-1.02 10. Paragraph 19(7)(d) of
the Marriage Act is repealed and the
following substituted: (d) it is uncertain whose consent is required, SNL2008 cP-7.01 11. Paragraph 90(1)(g) of the Personal Health Information Act is repealed and the following substituted: (g) prescribing information that must be provided by a custodian at the time of collection of personal health information for the purpose of paragraph 20(1)(c); RSNL1990 cP-42 12. Subsection 20(1) of the Public Service Collective Bargaining Act is repealed and the following substituted: Conciliation
request deferred 20. (1) The
minister may defer the consideration of a request for the appointment of a
conciliation board until after he or she appoints a conciliation officer or
mediator to deal with a dispute and the officer or mediator makes his or her
report to the minister. SNL2009 cP-46.1 13. (1) The Public Trustee Act, 2009 is amended by adding immediately after section 30 the following: RSNL1990 cP-46 Rep. 30.1 The Public Trustee Act is repealed. (2) This section comes into force on the day the Public Trustee Act, 2009 comes into force. SNL2008 cR-9.1 14. Subsection 21(3) of the Registered Nurses Act, 2008 is repealed and the following substituted: (3) Where the Director of Professional Conduct Review has been informed that a registered nurse has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of registered nurses in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a registered nurse or professional incompetence, the information shall be dealt with by the Director of Professional Conduct Review as an allegation. Repeal 15. (1) The following Acts or sections of Acts are repealed: (a) Agreement
on Internal Trade Amendment Act, SNL1995 cA-5.1, sections 2 to 11 and 14; (b) Departmental Acts Amendment Act, 1991, SNL1991 c45; (c) Justices
of the Peace Amendment Act, SNL2004 c36, except sections 4, 24, 34, 49 and
subsections 52(1) and (2); and (d) Taxation
Statutes Amendment Act, SNL1992 c16, sections 2 to 4, 9 to 20 and 24 to 36. (2) The following repealing Acts are repealed: (a) Alcohol and Drug Dependency Commission Repeal Act, SNL1993 c49; (b) Bulk Sales Act Repeal Act, SNL2008 c9; (c) Certified Public Accountants Act Repeal Act, SNL2008 c39; (d) Chartered Accountants and Certified Public Accountants Merger Act Repeal Act, SNL2008 c40; (e) Corporations Guarantees Act Repeal Act, SNL2008 c38; (f) Economic Advisory Council (Repeal) Act, SNL2001 c23; (g) Fees
Regulations Amendment and Repeal Act, SNL1992 cF-7.1; (h) Fishery
Products International Limited Act Repeal Act, SNL2007 c24; (i) Government-Kruger Agreements Act Repeal Act, SNL2009 c23; (j) Homes for Special Care Act Repeal Act, SNL2008 c49; (k) Income Tax (Amendment) Act, 2000 and Financial
Corporations Capital Tax (Repeal) Act, SNL2008 c33; (l) Investment Contracts (Repeal) Act, SNL2005 c7; (m) The Labrador Linerboard Limited Agreement Act, 1979 Repeal Act, SNL2008 c42; (n) The Labrador Linerboard Limited Agreement (Amendment) Act, 1979 Repeal Act, SNL2008 c43; (o) (p) Literacy
Development Council (Repeal) Act, SNL2005 c8; (q) (r) Midwifery Act Repeal Act, SNL2008 c50; (s) Newfoundland and Labrador Computer Services Limited Amendment Act Repeal Act, SNL2008 c41; (t) Obsolete
Acts Repeal Act, SNL2006 c13; (u) Pickersgill Fellowship Act Repeal Act, SNL2008 c36; (v) Private Homes for Special Care Allowances Act Repeal Act, SNL2008 c51; (w) School Boards' Association Act Repeal Act, SNL2008 c48; (x) Statutes
Repeal Act, 1993, SNL1993 c45; (y) Unimproved
Lands (Redistribution) (Repeal) Act, SNL1991 c30; (z) Venereal Disease Prevention Act Repeal Act, SNL2008 c52; and (aa) Youth Advisory Council Repeal Act, SNL1993 c44. (3) The following proclamations bringing Acts into force are repealed: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (jj) (kk) (ll) (mm) (nn) (oo) (pp) (qq) (rr) (ss) (tt) (uu) (vv) (ww) (xx) (yy) (zz) (aaa) (bbb) (ccc) (ddd) (eee) (fff) (ggg) (hhh) (iii) (jjj) (kkk) (lll) (mmm) (nnn) (ooo) (ppp) (qqq) (rrr) (sss) (ttt) (uuu) (vvv) (www) (xxx) (yyy) (zzz) (aaaa) (bbbb) (cccc) (dddd) (eeee) (ffff) (gggg) (hhhh) (iiii) (jjjj) (kkkk) (4) The Fee
for Assessment Services Regulations, (5) The Attachment
of Wages Exemption Order, Consolidated (6) The Conflict
of Interest Regulations, Consolidated (7) The Co-operative
Societies Regulations Repeal Regulations, (8) The following items published under the Election Act and the Elections Act, 1991 are repealed: (a) Schedule
of Fees for Provincial Elections Order, 1996, (b) Proclamation
dissolving the 42nd General Assembly, (c) Proclamation
for General Election, (d) Proclamation for establishing Special Polling Stations for Electoral Districts in the General Election, Newfoundland and Labrador Regulation 11/96; (e) Provincial
General Election Report, (f) Proclamation
re: Writ of Election - District of (g) Schedule
of Fees for the (h) Proclamation re Special Polling Stations for St. John's West By-election, Newfoundland and Labrador Regulation 89/97; (i) Plebiscite
on the Future of Education Order, 1997, (j) Proclamation
declaring a Plebiscite be held on (k) Notice of Return for District of St. John's West By-election, Newfoundland and Labrador Regulation 100/97; (l) Order
re: Advance Polls for Plebiscite, (m) Plebiscite on the Future of Education Order, 1997
(Amendment), (n) Proclamation
dissolving the 43rd General Assembly, (o) Proclamation
re nomination of candidates, (p) Advance
Polls Order, (q) Proclamation
re Writ of Election for Trinity North, (r) Proclamation
re Writs of Election for the district of The Straits and White Bay North and
the district of St. Barbe, Newfoundland and (s) Proclamation re Writ of Election for the Districts of Humber West and Port de Grave, Newfoundland and Labrador Regulation 32/01; (t) Proclamation
re Writ of Election for the District of (u) Proclamation
re Writ of Election for the District of Conception Bay South, (v) Proclamation
dissolving the 44th General Assembly, (w) Proclamation
providing for the holding of a General Election, (x) Proclamation
re Writ of Election for the District of Exploits, (y) Proclamation
re Writ of Election for the District of Placentia and (z) Proclamation re Writ of Election for the District of Signal Hill - Quidi Vidi, Newfoundland and Labrador Regulation 81/06; (aa) Proclamation
re Writ of Election for the District of Port au Port, (bb) Proclamation
re Writ of Election for the District of (cc) Proclamation
re Writ of Election for the District of (dd) Proclamation
re Writ of Election for the District of Humber Valley, (ee) Proclamation
re Writ of Election for the District of Labrador West, (ff) Proclamation
re Writ of Election for the District of (gg) Proclamation
dissolving the 45th General Assembly, (hh) Proclamation
providing for the holding of a General Election, (ii) Proclamation
re Writ of Election for the District of Cape St. Francis, Newfoundland and (jj) Proclamation re Writ of Election for the
District of Baie Verte - (kk) Proclamation re Writ of
Election for the District of The Straits - White Bay
North, (ll) Proclamation re Writ of
Election for the District of Terra Nova, (9) The Repeal
of Western Memorial Hospital Corporation Act, 1947 Order, (10) The Jurors
List Boundaries Variation Order, 1993 (Repeal), (11) The Repeal
Order, (12) The following items published under the Municipal Affairs Act are repealed: (a) Municipal
Affairs Act Order, (b) Dismissal of Mr. John White from the Town
Council of Port au Choix Order, Newfoundland and Labrador Regulation
112/05; and (c) Repeal Order, (13) The following items published under the Municipal Elections Act are repealed: (a) Special
Elections and Special By-Elections Order, 2001, (b) Special
Election for the Town of (c) Special
By-Election for the Town of (d) Special
Election for the Town of (e) Special
By-Election for the Town of (f) Special
Election for the Town of (g) Special
Election for the Town of (h) Deferral
of 2005 General Elections for the Towns of Nain, Hopedale, Makkovik, Rigolet
and (i) Special
Elections and Special By-Elections Order, 2005, (j) Special
By-election for the Town of (k) Special
Election for the Town of (l) Special
By-Election for the Town of (m) Town of (n) General
Election Deferral Order for the Towns of Hawke's Bay and Port (o) Special
Election Order, Town of (p) Special
Election of (14) The following items published under the Municipalities Act and the Municipalities Act, 1999 are repealed: (a) Local Service District of Muddy Brook
Disestablishment Order, (b) Towns of Plate Cove East and Plate Cove West
Special Election and Appointment of Returning Officer Order, (c) Deferral
of General Election for the (d) Special
Elections and Special By-Elections Order, (e) Special Elections and Special By-Elections Order
(Amendment), (f) Town of (g) Special Election for the Town of (h) Restructuring of Local Government Services
Feasibility Report, (i) Local
Service District of (j) Feasibility
Report re: the Disincorporation of the Towns of Plate Cove East and Plate Cove
West Order, (k) Town of (l) Feasibility
Report re: Grand Falls-Windsor/Bishop's Falls Co-operative Initiative Order,
(m) Feasibility
Report Order Regarding the Disincorporation of the Town of (n) Town of (o) Town of (p) Meeting
Regarding the Election of the Local Service District Committee of Tors Cove
Order, (q) (r) (s) Feasibility
Report re: the Disincorporation of the Town of (t) Local
Service District of (u) Local
Service District of Michael's Habour Disestablishment Order, (v) Local
Service (w) Local
Service District of Brigus Junction Disestablishment Order, (x) Repeal
Order, (y) Feasibility Report re: sharing municipal services or establishing one local government for the Towns of Heart's Desire, Heart's Delight-Islington and Whiteway and the Local Service District of Cavendish Order, Newfoundland and Labrador Regulation 48/06; (z) Meeting
of Householders of the Local Service (aa) Meeting
of the Householders of the Local Service District of Virgin Arm - Carter's Cove,
(bb) Meeting
of the Householders of the Local Service District of Cottrell's Cove Order,
(cc) Feasibility
Report re: Merging the Towns of (dd) Meeting
of the Householders of the Local Service District of Valley Pond Order, (ee) Feasibility
Report Re: Amalgamating the Towns of Port aux Choix, Port Saunders, Hawke's Bay
and (ff) Feasibility
Report Re: Merging (gg) Feasibility
Report re: the Annexation of the Town of (hh) Feasibility
Report Respecting the Amalgamation of the Towns of (ii) Feasibility Report Respecting a Municipal Council for St. Paul's, Parson's Pond and Daniel's Harbour, Newfoundland and Labrador Regulation 36/09; and (jj) Feasibility
Report Respecting a Municipal Council for (15) The Newfoundland
Vegetable Marketing Scheme Discontinuation Order, (16) The following items published under the Provincial Parks Act are repealed: (a) (b) (c) (17) The Provincial
Preference Regulations, Consolidated (18) The Commission of Inquiry on Hormone Receptor Testing Order, Newfoundland and Labrador Regulation 72/07, and the Commission of Inquiry on Hormone Receptor Testing Order (Amendment), Newfoundland and Labrador Regulation 45/08, published under the Public Inquiries Act, 2006, are repealed. (19) The Public
Service Pensions (Purchase of Service) Regulations, 1991 (Amendment), (20) The following items published under the Schools Act and the Schools Act, 1997 are repealed: (a) School
Boards Dissolution Order, (b) Designation
of Schools Regulations, (c) School Board Election Regulations, 1997 (Repeal), (21) The following items published under the Shops' Closing Act are repealed: (a) Proclamation
of (b) Proclamation
of the Thanksgiving Day (22) The (23) The Subordinate
Legislation Filing Extension Order, (24) The Registrar's
Compensation Rule (Repeal), (25) The Repeal
Order, (26) The following items published under the Water Resources Act are repealed: (a) Repeal
of Notice of Protected Water Supply Area of Deadman's Pond, (b) Repeal
of Notice of Protected Water Supply Area of Trout Pond, (c) Repeal
of Notice of Protected Water Supply Area of Anchor Pond, (d) Repeal
of Notice of Protected Water Supply Area of (e) Repeal
of Notice of Protected Water Supply Area of Noels Pond - Neds Pond, (f) Repeal
of Notice of Protected Water Supply Area of Long Steady, (g) Repeal
of Notice of Protected Watershed Area of Bremmigan's Pond, (h) Repeal
of Notice of Protected Water Supply Area of Indian Pond, (i) Repeal
of Notice of Protected Water Supply Area of Broad Cove Pond, (j) Repeal
of Notice of Protected Watershed Area of (k) Repeal
of Notice of Protected Water Supply Area of Duck Pond, (l) Repeal
of Notice of Protected Water Supply Area of Jacky Tapp's (m) Repeal
of Notice of Protected Water Supply Area of (n) Repeal
of Notice of Protected Water Supply Area of (o) Repeal
of Notice of Protected Water Supply Area of Frog Martin Pond, (p) Repeal
of Notice of Protected Water Supply Area of Water Pond, (q) Repeal
of Notice of Protected Watershed Area of (27) The following items published under the Wild Life Act are repealed: (a) Guides
Regulations, Consolidated (b) Open
Season Big Game (Polar Bear) Hunting Order, (c) Guides
Regulations, 1997, ŠEarl G. Tucker, Queen's Printer |