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Second
Session, 47th General Assembly 62
Elizabeth II, 2013 |
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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
DARIN KING Minister of Justice |
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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 Attorney General and are technical amendments not involving matters of policy. Each amendment is explained by reference to the clause of the Bill in which it is proposed. Clause 1 of the Bill is the short title. Clause 2 of the Bill would amend the Change of Name Act, 2009 to update references required as a result of the proclamation of the Children and Youth Care and Protection Act. The amendment would also correct internal cross references. Clause 3 of the Bill would amend the Elections Act, 1991 to correct a reference error. Clause 4 of the Bill would amend section 20 of the Financial Administration Act to delete a reference to mandatory retirement by the comptroller general. The provision was inadvertently omitted from other amendments respecting mandatory retirement in 2007. Clause 5 of the Bill would amend the Forestry Act to delete an obsolete provision. Clause 6 of the Bill would amend section 143 of the Highway Traffic Act to correct an error. Clause 7(1) of the Bill would amend section 8 of the Mental Health Care and Treatment Act to correct an error. Clause 7(2) of the Bill would amend section 72 of the Mental Health Care and Treatment Act to correct reference errors. Clause 8 of the Bill would amend section 9 of the Mortgage Brokers Act to correct a reference error. Clause 9(1) of the Bill would amend subparagraph 43.2(5)(b)(v) of the Public Service Collective Bargaining Act to delete extraneous language. Clauses 9(2) to (4) of the Bill would amend the Public Service Collective Bargaining Act to correct reference errors. Clause 10 of the Bill would amend section 24 of the Public Trustee Act, 2009 to delete a redundant reference respecting the setting of fees. Fees are prescribed by regulation under section 23 of that Act. Clause 11 of the Bill would amend subsection 14(5) of the Securities Act to ensure consistency with the Criminal Code and other provincial legislation. Clause 12 of the Bill would repeal a number of obsolete or spent Acts and regulations. |
A BILL AN ACT TO REMOVE ANOMALIES Analysis 1. Short title 2. Change of Name Act, 2009 3. Elections Act, 1991 4. Financial Administration Act 5. Forestry Act 6. Highway Traffic Act 7. Mental Health Care and Treatment Act 8. Mortgage Brokers Act 9. Public Service Collective Bargaining Act 10. Public Trustee Act, 2009 11. Securities Act 12. 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, 2013. SNL2009 cC-8.1 2. (1) Section 7 of the Change of Name Act, 2009 is repealed and the following substituted: Custody of child -
consent required 7. (1) Where a custody order has been made in respect of a child, an application to change the name of the child may be made by (a) a manager of Child, Youth and Family Services where there is a continuous custody order; (b) a manager of Child, Youth and Family Services with the consent of the parents where there is a temporary custody order; or (c) where the custody of a child is given to a third party, that party, with the consent of the parents. (2) Notwithstanding paragraphs (1)(b) and (c), the registrar general may dispense with the consent required under those paragraphs upon satisfactory proof that both parents of the child are deceased. (3) Notwithstanding paragraphs (1)(b) and (c) and subsection (2), where one parent of the child is living, the consent of that parent is required. (2) This section is considered to have come into force on June 30, 2011. SNL1992 cE-3.1 3. (1) Section 8 of the Elections Act, 1991 is amended by deleting the reference "Oaths Act" and substituting the reference "Oaths of Office Act". (2) This section shall not affect the validity of an oath administered and taken before this section comes into force. RSNL1990 cF-8 4. Subsection 20(5) of the Financial Administration Act is repealed and the following substituted: (5) The comptroller general holds office during good behaviour but is removable by the Lieutenant Governor on address of the House of Assembly. RSNL1990 cF-23 5. Section 13.1 of the Forestry Act is repealed. RSNL1990 cH-3 6. Subsection 143(3) of the Highway Traffic Act is repealed and the following substituted: (3) A driver who commits a breach of this section is guilty of an offence and liable on summary conviction to a fine prescribed in the Schedule. SNL2006 cM-9.1 7. (1) Section 8 of the Mental Health Care and Treatment Act is amended by deleting the words "Lieutenant-Governor" and substituting the words "Lieutenant-Governor in Council". (2) Paragraph 72(1)(a) of the Act is amended by deleting the reference "subparagraphs 17(2)(b)(i) and (ii)" and substituting the reference "subparagraphs 17(1)(b)(i) and (ii)". RSNL1990 sM-18 8. Section 9 of the Mortgage Brokers Act is repealed and the following substituted: Limitation of liability of borrower 9. A borrower is not liable to pay a mortgage lender or mortgage broker an amount that exceeds that set out in the disclosure statement required under the Consumer Protection and Business Practices Act and regulations. RSNL1990 cP-42 9. (1) Subparagraph 43.2(5)(b)(v) of the Public Service Collective Bargaining Act is amended by deleting the words "of that section". (2) Paragraph 44(1)(c) of the Act is repealed and the following substituted: (c) one or more employee organizations has applied to be certified as a bargaining agent for those employees; or (3) Subsection 44(2) of the Act is amended by deleting the words "trade union or council of trade unions" and substituting the words "employee organization". (4) Paragraph 44(3)(g) of the Act is repealed and the following substituted: (g) declare which employee organization shall be the bargaining agent for the employees; and SNL2009 cP-46.1 10. Section 24 of the Public Trustee Act, 2009 is amended by deleting the words "establish fees and". RSNL1990 cS-13 11. Subsection 14(5) of the Securities Act is amended by deleting the words "and probable". Repeal 12. (1) The following Acts are repealed: (a) Law
Reform Commission Act Repeal Act, SNL2011 c8; (b) Regulatory
Reform Act Repeal Act, SNL2011 c11; and (c) Subordinate
Legislation Revision and Consolidation Act Repeal Act, SNL2011 c12. (2) The following
proclamations bringing Acts into force are repealed: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (3) The Proclamation
Dissolving the Forty-Sixth General Assembly, (4) The Consumer
Protection Regulations, published under the Consumer Protection Act, Consolidated (5) The Proclamation providing for the Holding of a General Election, published under the Elections Act, 1991, Newfoundland and Labrador Regulation 90/11, is repealed. (6) The following items published under the Elections Act, 1991 and the House of Assembly Act are repealed: (a) Proclamation
re: By-Election, Electoral District of Conception Bay East - (b) Proclamation
re: By-Election for the Electoral District of Humber West, (7) The Designation
of Inspectors Order Repeal Order, published under the Heritage Animals Act, (8) The Law
Society Fees Order, published under the Law
Society Act, Consolidated (9) The Dismissal of the Town Council of Avondale, Comprised of one Remaining Member, Deputy Mayor, Bernard Hickey, and the Appointment of an Interim Official Administrator for the Town of Avondale Order, published under the Municipal Affairs Act, Newfoundland and Labrador Regulation 65/07, is repealed. (10) The General
Election Deferral Order, 2010, (11) The Town
of Fogo Island Election Order, (12) The Meeting Regarding the Election of the Local Service District Committee of Buchans Junction Order, published under the Municipalities Act, 1999 and the Local Service District Regulation, Newfoundland and Labrador Regulation 65/12, is repealed. (13) The Subordinate
Legislation Exemption Order, published under the Subordinate Legislation Revision and Consolidation Act, (14) The following
items published under the Water Resources
Act are repealed: (a) Repeal
of Notice of Protected Water Supply Area, (b) Repeal
of Notice of Protected Watershed Area of South Pond, (c) Repeal
of Notice of Protected Water Supply Area, (d) Repeal
of Notice of Protected Water Supply Area, (e) Repeal
of Notice of Protected Watershed Area, ©Queen's Printer |