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Second
Session, 47th General Assembly 62
Elizabeth II, 2013 |
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AN ACT TO AMEND THE
JUDICATURE ACT |
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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 |
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EXPLANATORY NOTES This Bill would amend the Judicature Act. The Bill would · eliminate the position of Registrar of the Supreme Court, as it currently exists, and create the position of Chief Executive Officer of the Supreme Court; · reallocate registry, legal, accounting and trustee functions traditionally carried out by the Registrar to the Chief Executive Officer, the judiciary, the public trustee or other clerks, officers and employees of the Supreme Court as appropriate; · amend Part IV of the Act as it relates to the duties and powers of clerks, officers and employees of the Supreme Court; and · make consequential amendments to other legislation that refers to the Registrar of the Supreme Court. |
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A BILL AN ACT TO AMEND THE JUDICATURE ACT Analysis 1.
S.2 Amdt. 2.
S.45 Amdt. 3.
S.54 Amdt. 4.
S.55 Amdt. 5.
S.59.1 Added 6.
S.60 R&S 7.
Ss. 60.1 to 60.3 Added 8.
S.61 Rep. 9.
S.62 R&S 10.
Ss.63 & 64 Rep. 11.
S.65 R&S 12.
S.66 R&S 13.
S.67 R&S 14.
S.68 R&S 15.
S.69 R&S 16.
S.70 R&S 17.
S.71 R&S 18.
Ss.72 to 76 Rep. 19.
S.88 Rep. 20.
S.113 R&S 21.
S.120 Amdt. 22.
S.143 Amdt. 23.
S.147 Amdt. 24.
S.150 Amdt. 25. Acts - Consequential Amdt. 26. Regulations - Consequential Amdt. 27. Saving 28. Transitional Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cJ-4 1. (1) Paragraph 2(b) of the Judicature Act is repealed. (2) Section 2 of the Act is amended by adding immediately before paragraph (c) the following: (b.1) "Chief Executive Officer" means the Chief Executive Officer appointed under section 59.1; (3) Paragraph 2(r) of the Act is repealed. (4) Paragraph 2(s) of the Act is repealed and the following substituted: (s) "registry" means the registry in each judicial centre as well as the registry in the Court of Appeal; 2. Subsection 45(4) of the Act is repealed and the following substituted: (4) The seal of the Trial Division shall be kept
at the judicial centre of 3. (1) Subparagraph 54(1)(a)(iv) of the Act is repealed and the following substituted: (iv) a nominee of the Chief Executive Officer, (2) Subparagraph 54(1)(b)(iv) of the Act is repealed and the following substituted: (iv) a nominee of the Chief Executive Officer, 4. (1) Paragraph 55(1)(i) of the Act is repealed and the following substituted: (i) respecting the duties of clerks, officers and employees of the court; (2) Subsection 55(2) of the Act is repealed and the following substituted: (2) The Lieutenant-Governor in Council may make rules fixing the scale of fees to be taken by the Supreme Court. 5. The Act is amended by adding immediately after the Heading for Part IV the following: Chief Executive Officer 59.1 (1) The Lieutenant-Governor in Council, in consultation with the Chief Justice of Newfoundland and Labrador and the Chief Justice of the Trial Division, may appoint or remove a Chief Executive Officer for the Supreme Court. (2) The Lieutenant-Governor in Council may appoint a person to act in the place of the Chief Executive Officer until a Chief Executive Officer is appointed or the Chief Executive Officer is able to resume his or her duties where (a) the office of the Chief Executive Officer is vacant; or (b) the Chief Executive Officer is ill and unable to fulfill his or her duties. (3) The Chief Executive Officer shall act under the direction of the Minister of Justice in matters of administration of the Supreme Court. (4) The duties of the Chief Executive Officer shall include (a) the management, operation and administration of the Supreme Court; (b) the direction and supervision of the clerks, officers and employees of the Supreme Court and the registry; (c) an accounting of the fees required to be collected by the clerks, officers and employees of the Supreme Court and of the money paid into and out of court; and (d) the duties provided under this or another Act or regulation or rule made under this or another Act, or as may be assigned by the minister or a Chief Justice. (5) The Chief Executive Officer shall act under the direction of the Chief Justices in matters of judicial administration. 6. Section 60 of the Act is repealed and the following substituted: Clerks, officers and employees 60. There may be appointed, in the manner provided by law, the clerks, officers and employees that the business of the Supreme Court requires. 7. The Act is amended by adding immediately after section 60 the following: Powers of staff who perform a registry function 60.1 (1) A clerk, officer or employee of the Supreme Court who performs a registry function has, by virtue of his or her office, power to administer oaths or affirmations, take affidavits, issue process and take bail. (2) A clerk, officer or employee of the Supreme Court who performs a registry function is, for the purpose of performing his or her administrative duties, a justice of the peace. (3) A person ceases to be a justice of the peace on the termination of his or her appointment as a clerk, officer or employee of the Supreme Court. (4) A person is not entitled to additional remuneration, or to charge a fee, only because he or she is a justice of the peace. (5) The Justices Act applies, with the necessary changes, to a person who is a justice of the peace by virtue of this section. Taxing officers 60.2 (1) The Chief Justice of Newfoundland and Labrador and the Chief Justice of the Trial Division may designate clerks, officers and employees of the Supreme Court appointed under this Part as taxing officers for the Court of Appeal and the Trial Division respectively. (2) A clerk, officer or employee of the Supreme Court appointed under this Part is not entitled to additional remuneration, or to charge a fee, only because he or she is designated as a taxing officer. Oath of office 60.3 The Chief Executive Officer and the clerks, officers and employees of the Supreme Court appointed under this Part shall, before entering upon their duties, take and sign before one of the judges the following oath or affirmation: "I, A.B., of , do solemnly swear (or solemnly, sincerely and truly declare and affirm) that I will according to the best of my skill, learning, ability and judgment, well and faithfully execute and fulfil the duties of the office of without favour or affection, prejudice or partiality." (Where an oath is taken, add "So help me God".) 8. Section 61 of the Act is repealed. 9. Section 62 of the Act is repealed and the following substituted: Duties of clerks, officers and employees 62. (1) The clerks, officers and employees of the Supreme Court appointed under this Part are under the direction of the Chief Executive Officer and shall perform the duties that may be assigned to them by the Chief Executive Officer. (2) Notwithstanding subsection (1), the clerks, officers and employees of the Supreme Court appointed under this Part shall act under the direction of a judge in matters of judicial administration. 10. Sections 63 and 64 of the Act are repealed. 11. Section 65 of the Act is repealed and the following substituted: Execution of trust estate conveyance 65. (1) Where a trustee or other person acting in a fiduciary capacity obtains leave from the court to bid on a sale of the trust estate, and to become the purchaser, the court may in addition order that the conveyance of the trust estate be executed by a person named by the court. (2) A deed executed under subsection (1) by a person named by the court is of the same effect as if it had been executed by the trustee or other person acting in a fiduciary capacity. 12. Section 66 of the Act is repealed and the following substituted: Discharge of liability 66. (1) The Consolidated Revenue Fund is liable to make good all sums required to discharge a liability that the Chief Executive Officer is liable to discharge in his or her capacity as Chief Executive Officer. (2) Neither the Chief Executive Officer, nor the Consolidated Revenue Fund, is liable to discharge a liability (a) to which the Chief Executive Officer has not contributed; and (b) that the Chief Executive Officer could not have averted by the exercise of reasonable diligence. 13. Section 67 of the Act is repealed and the following substituted: Accounts 67. (1) The Chief Executive Officer shall, as soon as possible after the end of every fiscal year, prepare accounts of all money held by the court and shall, before August 1 in every year, provide a copy of the accounts (a) to the Chief Justice of Newfoundland and Labrador and the Chief Justice of the Trial Division, for the information of the judges; and (b) to the minister. (2) The auditor general shall examine and audit the accounts of the court. 14. Section 68 of the Act is repealed and the following substituted: Fees 68. (1) All fees, commissions, allowances, levies and expenses under this or another Act payable to or receivable by the Supreme Court or a clerk, officer or employee of the Supreme Court appointed under this Part, shall be paid into the Consolidated Revenue Fund. (2) Subsection (1) does not apply to a fee remitted
under the Divorce Act ( 15. Section 69 of the Act is repealed and the following substituted: Unclaimed money 69. (1) Money received by the Supreme Court to which, in the opinion of the Chief Executive Officer, following appropriate inquiry (a) there is no person legally entitled; or (b) the person legally entitled is either not known or his or her whereabouts are unknown, may be paid by the Chief Executive Officer into the Consolidated Revenue Fund. (2) Subsection (1) does not apply to money paid into the Supreme Court under the rules unless the court so orders. 16. Section 70 of the Act is repealed and the following substituted: Persons entitled to money 70. (1) A person who may be entitled to money paid into the Consolidated Revenue Fund under section 69 may apply to the Trial Division for an order (a) that the person is legally entitled to that money; and (b) directing the payment to that person of the money and interest that are set out in the order. (2) Where an order is made under subsection (1), the Chief Executive Officer shall take the necessary steps to have the money and interest owing to that person paid to him or her from the Consolidated Revenue Fund. (3) Money paid out under subsection (2) shall include interest owing from the date the money was paid into the Consolidated Revenue Fund. 17. Section 71 of the Act is repealed and the following substituted: Trust funds 71. (1) The Chief Executive Officer shall establish and maintain one or more trust fund accounts. (2) The Chief Executive Officer shall deposit in a trust fund account the money received by the court in trust under this or another Act, a regulation or rule made under this or another Act, a court order or another instrument or document. (3) Money in a trust fund account is not public money for the purpose of the Financial Administration Act. (4) The interest rate payable on the trust funds shall be prescribed by the minister upon the recommendation of the Chief Executive Officer, and the amount of interest shall be calculated upon the minimum monthly balance of the money in the respective trust funds. (5) The interest rate prescribed by the minister under subsection (4) may be a fixed rate of interest or may be an interest rate that is related to the interest rate earned by the trust funds or to another interest rate of general application. (6) The Chief Executive Officer shall credit the interest at the rate prescribed and calculated under subsection (4) to the various accounts making up the trust funds monthly or on another date which an account is paid out by the Chief Executive Officer. 18. Sections 72 to 76 of the Act are repealed. 19. Section 88 of the Act is repealed. 20. Section 113 of the Act is repealed and the following substituted: Certificates from registry 113. A grant of letters of probate or administration may not be made until the following certificates have been received from the registry: (a) a certificate that a caveat has not been entered opposing the grant of letters of probate or administration; and (b) a certificate that no previous grant has been made or that a previous grant has been made in which latter case the certificate shall provide particulars of the previous grant. 21. Subsection 120(2) of the Act is repealed and the following substituted: (2) Subsection (1) does not apply to a trust company authorized to do business in the province or to the public trustee. 22. Paragraph 143(1)(b) of the Act is amended by deleting the word "registrar" and substituting the word "court". 23. Paragraph 147(1)(b) of the Act is amended by deleting the word "registrar" and substituting the word "court". 24. Paragraph 150(1)(b) of the Act is amended by deleting the word "registrar" and substituting the word "court". Acts - Consequential Amdt. 25. (1) Subsection 60(6) of the Access to Information and Protection of Privacy Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (2) Subsection 33(3) of the Accident and Sickness Insurance Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "public trustee". (3) Subsection 19(4) of the Adoption Act is repealed and the following substituted: (4) Where a manager has custody of a child under subsection (1), the public trustee is the guardian of that child's estate. (4) Subsection 24(2) of the Agrologists Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (5) Section 17 of the Aquaculture Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (6) Subsection 18(8) of the Architects Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (7) Section 29 of the Architects Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (8) Subsection 30(1) of the Architects Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (9) Subsection 45.2(4) of the Automobile Insurance Act is amended by deleting the phrase "Registrar of the Trial Division" and substituting the words "Trial Division". (10) Subsection 45.9(2) of the Automobile Insurance Act is repealed and the following substituted: (2) Upon filing a copy of the assignment of judgment, certified by the Facility Association to be a true copy, with the court in which the judgment was obtained, the Facility Association shall, to the extent of the amount of the assignment, be considered to be the judgment creditor. (11) Subsection 31(8) of the Certified General Accountants Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (12) Section 42 of the Certified General Accountants Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (13) Subsection 43(1) of the Certified General Accountants Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (14) Subsection 29(7) of the Certified Management Accountants Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (15) Section 40 of the Certified Management Accountants Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (16) Subsection 41(1) of the Certified Management Accountants Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (17) Paragraph 9(a) of the Change of Name Act, 2009 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "public trustee". (18) Subsection 31(8) of the Chartered Accountants Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (19) Section 42 of the Chartered Accountants Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (20) Subsection 43(1) of the Chartered Accountants Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (21) Subsection 11(1) of the Children's Law Act is repealed and the following substituted: Orders to be filed with registrar 11. (1) A statement respecting each order or judgment of the court which makes a finding of parentage or that is based on a recognition of parentage, shall be filed by the court in the office of the registrar. (22) Subsections 36(7) and (8) of the Children's Law Act are repealed and the following substituted: (7) The person appointed under subsection (1) shall file his or her report with the court. (8) A copy of the report shall be provided by the court to each of the parties and to counsel representing the child. (23) Subsections 37(5) and (6) of the Children's Law Act are repealed and the following substituted: (5) The mediator shall file a report with the court in the form agreed upon by the parties under subsection (4). (6) A copy of the report shall be provided by the court to each of the parties and to counsel representing the child. (24) Subsection 24(7) of the Chiropractors Act, 2009 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (25) Section 35 of the Chiropractors Act, 2009 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (26) Subsection 36(1) of the Chiropractors Act, 2009 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (27) Subsection 21(1) of the City of Corner Brook Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (28) Subsection 21(4) of the City of Corner Brook Act is repealed and the following substituted: (4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal. (29) Subsections 302(1) and (2) of the City of (30) Paragraph 302(3)(a) of the City of Corner Brook Act is repealed and the following substituted: (a) the council shall be provided a receipt for the compensation money, which constitutes a full and valid discharge to the council in respect of liability to make further compensation for the land, property or interest in the land or property; and (31) Section 303 of the City of Payment out of court 303. (1) Where there is a claim to compensation or a portion of compensation paid into the court under this Act, a person claiming the compensation may apply to a judge of the Trial Division for an order directing that the compensation or part of it be paid to him or her. (2) The compensation shall be disposed of by the court as directed by the judge. (3) Where a claim to compensation referred to in subsection (1) is not established in accordance with this Act before the expiration of 3 years from the date on which it was paid into court, the court shall, on the expiration of that period, return the amount of the compensation to the council together with all interest accrued. (4) Following the return of the compensation, the claim of every person against the council or a person acting under it in respect of the land or property or interest in it, on account of which the compensation was paid into court, is extinguished. (32) Subsection 21(1) of the City of Mount (33) Subsection 21(4) of the City of Mount Pearl Act is repealed and the following substituted: (4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal. (34) Subsections 302(1) and (2) of the City of (35) Paragraph 302(3)(a) of the City of Mount (a) the council shall be provided a receipt for the compensation money, which constitutes a full and valid discharge to the council in respect of liability to make further compensation for the land, property or interest in the land or property; and (36) Section 303 of the City of Payment out of court 303. (1) Where there is a claim to compensation or a portion of compensation paid into the court under this Act, a person claiming the compensation may apply to a judge of the Trial Division for an order directing that the compensation or part of it be paid to him or her. (2) The compensation shall be disposed of by the court as directed by the judge. (3) Where a claim to compensation referred to in subsection (1) is not established in accordance with this Act before the expiration of 3 years from the date on which it was paid into court, the court shall, on the expiration of that period, return the amount of the compensation to the council together with all interest accrued. (4) Following the return of the compensation, the claim of every person against the council or a person acting under it in respect of the land or property or interest in it, on account of which the compensation was paid into court, is extinguished. (37) Paragraph 249(2)(a) of the City of (38) Subsection 394(3) of the City of St. John's Act is repealed and the following substituted: (3) A notice of appeal served under subsection (2) shall be signed by the appellant or by his or her solicitor or agent, and, in the notice, the grounds of the appeal shall be set out, and the appellant shall file a copy of the notice with the court. (39) Subsection 399(3) of the City of (3) A notice of appeal served under subsection (2) shall be signed by the appellant or by his or her solicitor or agent, and, in the notice, the grounds of the appeal shall be set out, and the appellant shall file a copy of the notice with the court. (40) Subsection 29(3) of the Collections Act is repealed and the following substituted: (3) A notice of appeal served under subsection (2) shall be signed by the appellant or by the appellant's solicitor or agent, and, in the notice, the grounds of the appeal shall be set out, and the appellant shall file a copy of the notice with the court. (41) Paragraph 11(a) of the Consumer Protection and Business Practices Act is repealed and the following substituted: (a) "cost of the loan" means the whole cost to the debtor of money lent and includes interest, discount, subscription, premium, dues, bonus, commission, brokerage fees and charges, but not actual lawful and necessary disbursements made to the Registrar of Deeds, the Supreme Court, the sheriff or a city or a town clerk of a municipality; (42) Paragraph 96(5)(b) of the Consumer Protection and Business Practices Act is repealed and the following substituted: (b) the Trial Division in trust for a person referred to in paragraph (a); (43) Section 44 of the Conveyancing Act is repealed and the following substituted: Court may execute release 44. (1) Where (a) a non-resident mortgagee does not appoint an attorney under section 42; (b) an attorney appointed under section 42 fails to execute a release of mortgage on behalf of a non-resident mortgagee; or (c) a non-resident mortgagee fails to register the power of attorney under section 43, a mortgagor who has entered into a mortgage of land with that non-resident mortgagee may apply to the court to execute a release of mortgage. (2) A release of mortgage applied for under subsection (1) shall be executed on behalf of the non-resident mortgagee where the court is satisfied (a) that all money owed under the mortgage has been paid to the non-resident mortgagee, or has been paid into court; and (b) that a release of mortgage is due the mortgagor. (3) A release of the mortgage executed under this section has the same effect as if it had been executed by the non-resident mortgagee. (44) Section 45 of the Conveyancing Act is repealed and the following substituted: Payment out of court 45. Money paid into court under section 44 shall be paid over to the non-resident mortgagee, without interest accruing after the date the money has been paid into court, upon the application of the mortgagee. (45) Section 52 of the Conveyancing Act is repealed and the following substituted: Registration of judgment 52. (1) The court shall register a certified copy of the final order in a partition proceeding in the Registry of Deeds. (2) The fee payable to the court for the certified copy of the final order and the fee payable to the Registrar of Deeds on the registration in the Registry of Deeds shall be paid to the court at the time of entering the final order by the party requesting the entry of that final order. (46) Subsection 16(3) of the Dangerous Goods Transportation Act is repealed and the following substituted: (3) A person, other than the minister, who is served with a notice under subsection (2) or who intends to appear at the hearing of the application to which the notice relates shall, at least 10 days before the day fixed for the hearing, file an appropriate notice of intervention with the court and serve a copy of the notice on the minister and on the applicant. (47) Subsection 30(7) of the Dental Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (48) Section 41 of the Dental Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (49) Subsection 42(1) of the Dental Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (50) Subsection 17(7) of the Denturists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (51) Section 27 of the Denturists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (52) Subsection 28(1) of the Denturists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (53) Subsection 25(8) of the Dieticians Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (54) Subsection 35(1) of the Dieticians Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (55) Section 36 of the Dieticians Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (56) Subsection 16(8) of the Dispensing Opticians Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (57) Section 27 of the Dispensing Opticians Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (58) Subsection 28(1) of the Dispensing Opticians Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (59) Subsection 165(2) of the Elections Act, 1991 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (60) Section 239 of the Elections Act, 1991 is repealed and the following substituted: Making application 239. An application is made under this Part by filing the application with the court. (61) Section 240 of the Elections Act, 1991 is repealed and the following substituted: Security for costs 240. (1) When making an application, the applicant shall deposit with the court the sum of $500 as security for the payment of all costs, charges and expenses that become payable by the applicant. (2) The applicant shall be provided a receipt for a sum deposited under subsection (1) and the receipt is conclusive proof of the making of the deposit and the sufficiency of it. (62) Subsection 241(1) of the Elections Act, 1991 is repealed and the following substituted: Notice of application 241. (1) Notice of the making of an application under this Part, and of the depositing of security for it, accompanied by a copy of the application shall be served on the respondent within 10 days, or the further time that a judge may allow, from the delivering of the application to the court. (63) Subsection 242(1) of the Elections Act, 1991 is repealed and the following substituted: Preliminary objection 242. (1) Within 10 days after the service of an application or within the further time that a judge may allow, the respondent may file with the court preliminary objections that he or she might have to argue against the application or applicant or against further proceedings on the application, and at the same time the respondent shall serve a copy of the preliminary objection upon the applicant. (64) Section 244 of the Elections Act, 1991 is repealed and the following substituted: List of objections 244. (1) A list of all applications made under this Part that are at issue shall be prepared by the court as soon as possible. (2) The applications are to be listed in the order in which they were made and shall be tried in the order in which they stand on the list. (3) The list of applications at issue is open to inspection at the court upon request. (65) Section 264 of the Elections Act, 1991 is repealed and the following substituted: Taxation of costs 264. All costs, charges and expenses paid or incurred by a party to an application shall be taxed by a taxing officer or master of the court and may be recovered by execution as in ordinary cases. (66) Subsection 14(1) of the Embalmers and Funeral Directors Act, 2008 is repealed and the following substituted: Appeal to judge of Trial Division 14. (1) A person aggrieved by a refusal of the board to license a funeral home or to issue a licence to practise as an embalmer or funeral director may, within 30 days after receipt of notice of that refusal, appeal against the refusal to a judge of the Trial Division by filing with the court a notice of appeal, and by serving a copy of the notice on the chairperson. (67) Subsection 19(7) of the Embalmers and Funeral Directors Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (68) Section 30 of the Embalmers and Funeral Directors Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (69) Subsection 31(1) of the Embalmers and Funeral Directors Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (70) Subsection 24(8) of the Engineers and Geoscientists Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (71) Section 35 of the Engineers and Geoscientists Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (72) Subsection 36(1) of the Engineers and Geoscientists Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (73) Subsection 102(4) of the Environmental Protection Act is repealed and the following substituted: (4) Where a person defaults in paying a debt owed to the Crown in accordance with subsection (3), the minister may issue a certificate stating the amount due and remaining unpaid to the Crown and the name of the person by whom it is payable, and file the certificate with the Trial Division and when that certificate is filed, it is of the same effect and all proceedings may be taken on the certificate, as if it were a judgment of that court for the recovery of the amount stated in the certificate against the person named in the certificate. (74) Subsection 108(1) of the Environmental Protection Act is repealed and the following substituted: Appeal to Trial Division 108. (1) A proponent of an undertaking or another person aggrieved by an order made under section 99 with respect to a matter arising under Part X may, within 30 days from the date of the order, appeal against the order to a judge of the Trial Division by filing a notice of appeal with the court and by serving a copy of the notice of appeal on the minister or deputy minister. (75) Paragraph 2(k) of the Expropriation Act is repealed. (76) Subsection 39(1) of the Expropriation Act is repealed and the following substituted: Payments into court 39. (1) Where, in respect of land that has been expropriated or detrimentally affected, (a) the owner (i) refuses to accept the compensation awarded in respect of the land, (ii) neglects or fails to make out a title to the land or the interest in land claimed by him or her to the reasonable satisfaction of the minister, (iii) refuses to execute a document or receipt of indemnity in respect of the land as required by the minister, (iv) is absent from the province or cannot after inquiry by the minister be found, or (v) is under a disability; (b) a person other than the owner to whom compensation is payable under this Act (i) refuses to accept the compensation awarded to him or her, (ii) is under a disability, (iii) is a partial or qualified owner, or (iv) is not entitled to sell or convey the land; or (c) the Attorney General certifies that in his or her opinion there are or are likely to be conflicting claims in respect of the compensation or that for whatever reason it is advisable to pay the compensation into the Trial Division, the minister may pay or arrange for the payment of the compensation payable in respect of the land or an interest in the land into the Trial Division, subject to the control and disposition of the court in accordance with this Act. (77) Subsection 39(3) of the Expropriation Act is repealed and the following substituted: (3) Upon payment into court, the minister shall be provided a receipt for the compensation and that receipt constitutes a full and valid discharge of the minister in respect of liability to make or pay or to arrange for the making or paying of compensation for the land. (78) Section 40 of the Expropriation Act is repealed and the following substituted: Minister to notify claimants 40. When money is paid into the Trial Division under this Act the minister shall (a) notify those persons referred to in section 39 to whom notice can be given; (b) file with the Trial Division the name and address of persons who to the knowledge of the minister claim the compensation or a part of it, together with all information in the possession of the minister in respect of the expropriation and claims for payment of compensation on account of the expropriation or detrimental effect resulting from it; and (c) within 10 days after payment into court publish a notice in a newspaper published in the province and circulating in the area where the land is located stating the place where the land is located, describing and delimiting the land, that the land has been expropriated under this Act and calling upon all persons who had an interest in or claim against the land or who have been detrimentally affected by the expropriation to file their claims to the compensation or part of it with the Trial Division. (79) Section 41 of the Expropriation Act is repealed and the following substituted: Names and addresses 41. The names and addresses of claimants to compensation shall be provided at the court to a person upon request. (80) Section 42 of the Expropriation Act is repealed. (81) Section 43 of the Expropriation Act is repealed and the following substituted: Where claim to compensation 43. Where there is a claim to compensation or a portion of the compensation paid into the Trial Division under this Act, a person claiming the compensation or a part of the compensation may apply to a judge of the Trial Division for an order directing that the compensation or part of the compensation be paid to him or her. (82) Subsection 45(1) of the Expropriation Act is repealed and the following substituted: Notice of application 45. (1) Before proceedings are taken under section 44 a claimant shall post notice of his or her intention to make an application under that section in the registry of the Trial Division for 3 clear days, and he or she shall then give notice of his or her application in accordance with the Judicature Act and the Rules of the Supreme Court, 1986 to a claimant whose name has been filed with the court and to a person who to his or her knowledge claims the compensation or a part of the compensation. (83) Section 46 of the Expropriation Act is amended by deleting the word "registrar" and substituting the words "Trial Division". (84) Section 50 of the Expropriation Act is repealed and the following substituted: Compensation 50. In cases referred to in section 49, the compensation shall be disposed of by the Trial Division as directed by the judge. (85) Section 52 of the Expropriation Act is repealed and the following substituted: Claims barred after 3 years 52. (1) A claim to compensation or a part of compensation paid into the Trial Division under this Act that has not, before the end of 3 years from the date of payment into court, been adjudicated upon by a judge of the Trial Division in accordance with this Act is forever barred. (2) Where before the end of the period of 3 years referred to in subsection (1), an application for payment of the compensation was made to a judge of the Trial Division under this Act and the application has not been finally disposed of before the end of that period, the application may be dealt with and disposed of in the same manner and with the same effect as if the period of 3 years had not ended at the date of final disposition. (86) Section 53 of the Expropriation Act is repealed and the following substituted: Compensation becomes property of minister 53. Where a claim to compensation is barred under section 52, the compensation and all interest accrued become the property of the minister and the compensation and interest shall be returned to the minister. (87) Subsections 4(5) and (6) of the Family Law Act are repealed and the following substituted: (5) The mediator shall file with the court a full or limited report, as the parties agree. (6) A copy of the report shall be provided by the court to each of the parties, and to counsel representing the child. (88) Subsection 65(4) of the Family Law Act is repealed and the following substituted: (4) Where the guardian is the spouse of the mentally incompetent person or a party to the domestic contract, the public trustee shall act in the place of the guardian under subsection (1). (89) Subsection 71(2) of the Family Law Act is repealed and the following substituted: (2) Where an executor or administrator of a deceased spouse is the surviving spouse, the public trustee may act in the place of the executor or administrator under subsection (1). (90) Section 13 of the Family Relief Act is repealed and the following substituted: Order to be filed 13. (1) A certified copy of every order made under this Act shall be filed with the Trial Division. (2) A memorandum of the order shall be endorsed on or annexed to the copy of the original letters of probate, letters of administration with the will annexed or letters of administration in the custody of the Trial Division. (91) Subsection 15(5) of the Farm Practices Protection Act is repealed and the following substituted: (5) A decision of the board may be filed with the Trial Division, and, when filed, the decision or order is of the same force and effect as if it were a judgment of that court. (92) Subsection 15(7) of the Farm Practices Protection Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (93) Section 22.2 of the Fishing Industry Collective Bargaining Act is repealed and the following substituted: Enforcement of arbitration award 22.2 Where an association, fisher, processor or processors' organization or other person has failed to comply with the terms of the decision of an arbitration board or of a single arbitrator made under a collective agreement or this Act a person affected by the decision may after 48 hours of the date on which the decision was made, or the date provided in it for compliance, whichever is earlier, file with the Trial Division a copy of the decision, exclusive of the reasons for it, and the decision shall be entered in the same way as a judgment of or order of that court and is enforceable as such. (94) Section 32.1 of the Fishing Industry Collective Bargaining Act is repealed and the following substituted: Enforcement of board's order 32.1 (1) Where a person, fisher, processor, processors' organization or an association has failed to comply with an order or decision of the board, a person, fisher, processor, processors' organization or an association affected may, after 48 hours of the date which the order or decision was made, or the date provided in it for compliance, whichever is earlier, file a copy of the order or decision, exclusive of the reasons, with the Trial Division. (2) Once an order or decision of the board is filed with the Trial Division under subsection (1), that order or decision is enforceable as a judgement or order of that court. (3) Notwithstanding subsection (1), where a directive made by the board under section 18.1 of the Labour Relations Act is not complied with, a person, association, processor or processors' organization, and their officers, officials or agents affected by that directive may file a copy of the directive, exclusive of reasons, with the Trial Division and, once filed, that directive is enforceable as a judgment or order of that court. (95) Section 32 of the Foresters Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (96) Subsection 66(2) of the Forestry Act is repealed and the following substituted: (2) The Minister of Finance may file the certificate issued under subsection (1) with the Trial Division and when it has been so filed the certificate is of the same force and effect and all proceedings, including appeal, may be taken on it as if it were a judgment of that court for the recovery of a debt of the amount specified in the certificate against the person named in it. (97) Subsection 20(3) of the Health Professions Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (98) Subsection 38(8) of the Health Professions Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (99) Section 49 of the Health Professions Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (100) Subsection 50(1) of the Health Professions Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (101) Subsection 16(8) of the Hearing Aid Practitioners Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (102) Section 26 of the Hearing Aid Practitioners Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (103) Subsection 27(1) of the Hearing Aid Practitioners Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (104) Subsection 84.1(1) of the Highway Traffic Act is repealed and the following substituted: Appeal 84.1 (1) A person aggrieved by a decision of the registrar to suspend, cancel or refuse (a) a permit or licence; (b) the registration of a motor vehicle; or (c) an application for a permit or licence, other than a suspension or cancellation made under sections 65, 67 and 68 or as a result of an accumulation of demerit points, may, within 30 days of receipt of the decision, appeal the decision to a judge of the Trial Division by filing with the court a notice of appeal and by serving a copy of the notice upon the registrar. (105) Section 41 of the Human Rights Act, 2010 is repealed and the following substituted: Entry of order 41. An order made by a board of inquiry may be filed with the Trial Division and, upon filing, is enforceable in the same manner as an order or a judgment of that court. (106) Subsection 34(1) of the Income and Employment Support Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (107) Subsection 34(2) of the Income and Employment Support Act is repealed and the following substituted: (2) Where a certificate is filed with the Trial Division under subsection (1), it is of the same effect and all proceedings may be taken on the certificate as if it were a judgment of that court for the recovery of the amount stated in the certificate against the person named in the certificate. (108) Section 35 of the Income and Employment Support Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "public trustee". (109) Paragraph 2(9)(i) of the Income Tax Act, 2000 is amended by deleting the phrase "Registrar of the Supreme Court of Newfoundland and Labrador" and substituting the phrase "Chief Executive Officer of the Supreme Court of Newfoundland and Labrador". (110) Subsection 62(3) of the Income Tax Act, 2000 is repealed and the following substituted: (3) An appeal to the court shall be instituted by serving upon the minister a notice of appeal in duplicate in prescribed form and by filing a copy of it with the court. (111) Subsection 21(2) of the Insurance Contracts Act is repealed and the following substituted: (2) The receipt provided by the court is sufficient discharge to the insurer for the insurance money paid into court, and the insurance money shall be dealt with according to the orders of the court. (112) Subsection 37(5) of the Interjurisdictional Support Orders Act is repealed and the following substituted: (5) A copy of the decision of the Court of Appeal shall be provided by the court to the designated authority, and the designated authority shall notify the appropriate authority in the reciprocating jurisdiction of the decision on the appeal. (113) Section 41 of the Interns and Residents Collective Bargaining Act is repealed and the following substituted: Enforcement of arbitration 41. Where a bargaining agent, employee, employee organization, employer or other person has failed to comply with the terms of a decision of an arbitration board or of a single arbitrator made under a collective agreement or this Act, a person affected by the decision may, after the expiration of 14 days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file with the Trial Division a copy of the decision, exclusive of the reasons for it, whereupon the decision shall be entered and is enforceable in the same way as a judgment of or order of that court. (114) Section 44 of the Interns and Residents Collective Bargaining Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (115) Section 27 of the Interpretation Act is amended by adding immediately after paragraph (w) the following: (w.1) "public trustee" means the public trustee appointed under the Public Trustee Act, 2009; (116) Subsection 128(6) of the Judgment Enforcement Act is repealed and the following substituted: (6) Security under subsection (5) shall be paid into court. (117) Subsection 3(5) of the Judgment Interest Act is repealed and the following substituted: (5) In the case of a default judgment, a clerk of the Supreme Court or a clerk of the Provincial Court shall award interest calculated in accordance with this Act, but shall not exercise discretion granted to the court under subsection (3). (118) Section 21 of the Labour Relations Act is repealed and the following substituted: Enforcement of board or panel order 21. (1) Where a person, employer, employers' organization, trade union, council of trade unions or employee has failed to comply with an order or decision of the board, or a panel, a person or organization affected may, after 14 days from the date on which the order or decision was made or the date provided in it for compliance, whichever date is the later, file a copy of the order or decision, exclusive of the reasons, with the Trial Division. (2) Once an order or decision of the board or a panel is filed with the Trial Division under subsection (1), that order or decision is enforceable as a judgment or order of that court. (3) Notwithstanding subsection (1), where a directive made by the board under section 18.1 or section 123 is not complied with, a person, employee, employer, employers' organization, trade union, council of trade unions and their officers, officials or agents affected by that directive may file a copy of the directive, exclusive of reasons, with the Trial Division and, once filed, that directive is enforceable as a judgment or order of that court. (119) Subsection 30(6) of the Labour Relations Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (120) Section 90 of the Labour Relations Act is repealed and the following substituted: Enforcement of arbitration 90. Where a trade union, council of trade unions, employee, employer, employers' organization or other person has failed to comply with the terms of the decision of an arbitration board or of a single arbitrator made under a collective agreement or this Act, a person affected by the decision may, after the expiration of 14 days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file with the Trial Division a copy of the decision, exclusive of the reasons for it, in the form prescribed in rules made under section 22, and the decision shall be entered in the same way as a judgment of or order of that court and is enforceable as such. (121) Subsection 62(4) of the Labour Standards Act is repealed and the following substituted: (4) A determination of the director under this section may be filed with the Trial Division and, when filed, the determination is enforceable as an order of that court. (122) Subsection 74(2) of the Labour Standards Act is repealed and the following substituted: (2) An order made by a (123) Paragraph 56(2)(a) of the Land Surveyors Act, 1991 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (124) Paragraph 7(1)(b) of the Law Society Act, 1999 is repealed. (125) Subsection 29(2) of the Law Society Act, 1999 is repealed and the following substituted: (2) Where the vice-president receives notice from the chairperson of the education committee that it has approved the enrolment of a person under the Law Society Rules, or when the benchers have approved the enrolment of a person under section 39, and the prescribed fees, levies and assessments have been paid, the vice-president shall issue a certificate directed to the Chief Executive Officer of the Supreme Court that the person is entitled to be enrolled in the society. (126) Subsection 34(3) of the Law Society Act, 1999 is repealed and the following substituted: (3) There shall be issued, under the seal of the Supreme Court, a certificate of an enrolment under subsection (2), and the documents upon which an authorization of admission was obtained shall be filed and retained on record in the Supreme Court. (127) Subsection 38(3) of the Law Society Act, 1999 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (128) Subsection 45(7) of the Law Society Act, 1999 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (129) Section 55.1 of the Law Society Act, 1999 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (130) Subsection 55.2(1) of the Law Society Act, 1999 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (131) Subsection 74(3) of the Law Society Act, 1999 is repealed and the following substituted: (3) A bill of fees may be taxed before a master of the Supreme Court. (132) Subsection 75(1) of the Law Society Act, 1999 is repealed and the following substituted: Fees, levies, assessments, etc. 75. (1) Notwithstanding section 68 of the Judicature Act, the fee for an originating document or statement of claim except unilateral originating applications issued by a solicitor out of the Trial Division shall be paid to the Supreme Court for the society and when received shall be paid from the court to the vice-president for the purpose of the society. (133) Subsection 14(6) of the Leaseholds in St. John's Act is repealed and the following substituted: (6) A certificate from the Registrar of Deeds or from an attorney licensed to practice law in the province that no appointment can be found in the Registry of Deeds shall constitute sufficient evidence that no appointment has been registered. (134) Section 15 of the Leaseholds in St. John's Act is repealed and the following substituted: Public trustee's powers 15. (1) Where an appointment of an attorney has not been registered as required under section 14, the public trustee shall do those things that are necessary to provide for the granting of the right, title and interest of the lessor in and to the freehold upon payment into the Trial Division of the amount calculated in accordance with this Act for the purchase of the freehold. (2) An action does not lie against the public trustee for anything done by him or her in good faith in purporting to act under this Act. (135) Section 16 of the Leaseholds in St. John's Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "public trustee". (136) Section 17 of the Leaseholds in St. John's Act is repealed and the following substituted: Application to Trial Division 17. (1) Where a lessee gives notice to a lessor that he or she intends to exercise a right conferred on the lessee by this Act and (a) no notice is given to a lessee under subsection 16(4); or (b) a lessor refuses to convey the freehold upon tender to the lessor of the purchase price of the freehold calculated under this Act, the lessee may make an application to a judge of the Trial Division for a grant of the freehold of the land occupied by the lessee. (2) An application made under subsection (1) shall be accompanied by a copy of the notice required to be given by section 16 and an affidavit sworn to or affirmed by the lessee stating that (a) the lessee is entitled to purchase the freehold as provided for by this Act; and (b) the notice required to be given by section 16 has been given, and (i) no reply has been received by the lessee, and (ii) the lessor refuses to convey the freehold upon tender of the purchase price of the freehold calculated under this Act. (3) The court, on the receipt of an application, a copy of the notice required to be given by section 16 and an affidavit required by this section and upon payment into the Trial Division of the amount calculated in accordance with this Act for the purchase of the freehold, may order the execution of whatever instrument of conveyance is necessary to convey the freehold to the person entitled to it. (4) Where the arbitrator, in relation to a matter referred to him or her under subsection 18(1) orders a lessor, on tender of the purchase price of a freehold calculated in accordance with this Act, to convey the freehold to the party entitled to it and the lessor does not so convey within 30 days of that order, the party entitled to the freehold may apply to a judge of the Trial Division and on payment into court of the purchase price of the freehold, the court may order the execution of whatever instrument of conveyance is necessary to convey the freehold to the person entitled to it. (137) Subsection 18(8) of the Leaseholds in St. John's Act is repealed and the following substituted: (8) Notwithstanding subsection (1), where a notice is given to the public trustee, the public trustee shall not make an application to an arbitrator for a determination of a matter. (138) Paragraph 18.1(2)(b) of the Leaseholds in St. John's Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "public trustee". (139) Subsection 20(1) of the Leaseholds in St. John's Act is amended by deleting the words "Supreme Court" and substituting the words "Trial Division". (140) Subsection 20(2) of the Leaseholds in St. John's Act is repealed and the following substituted: (2) A conveyance of freehold by either the city or an order of the court under this Act is valid notwithstanding a legal or equitable interest encumbering the freehold. (141) Subsection 20(3) of the Leaseholds in St. John's Act is amended by deleting the words "Supreme Court" and substituting the words "Trial Division". (142) Section 20.1 of the Leaseholds in St. John's Act is amended by deleting the words "Supreme Court" and substituting the words "Trial Division". (143) Subsection 17(8) of the Licensed Practical Nurses Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (144) Section 27 of the Licensed Practical Nurses Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (145) Subsection 28(1) of the Licensed Practical Nurses Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (146) Subsection 51(3) of the Liquor Control Act is repealed and the following substituted: (3) The notice of appeal to be served under subsection (2) shall be signed by the person appealing or by his or her solicitor or agent, and in the notice, the grounds of appeal shall be set out, and the appellant shall file a copy of the notice with the Trial Division. (147) Section 117 of the Liquor Control Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (148) Section 125 of the Liquor Control Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (149) Subsection 17(8) of the Massage Therapy Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (150) Section 27 of the Massage Therapy Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (151) Subsection 28(1) of the Massage Therapy Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (152) Section 20 of the Mechanics' Lien Act is repealed and the following substituted: Duplicate to be filed 20. A duplicate of the claim for lien, bearing the registrar's certificate of registration, shall be filed with the court on or before the trial of the action. (153) Subsection 30(2) of the Mechanics' Lien Act is repealed and the following substituted: (2) A proceeding under this section shall be started by filing a statement of claim with the court. (154) Subsection 23(1) of the Medical Act, 2011 is repealed and the following substituted: Appeal to Trial Division 23. (1) A person aggrieved by a refusal of the council to register the person, may, within 30 days after receipt of notice of that refusal, appeal against the refusal to a judge of the Trial Division by filing with the court a notice of appeal, and by serving a copy of the notice upon the registrar. (155) Subsection 35(1) of the Medical Act, 2011 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (156) Subsection 44(10) of the Medical Act, 2011 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (157) Section 55 of the Medical Act, 2011 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (158) Subsection 56(1) of the Medical Act, 2011 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (159) Subsection 17(1) of the Medical Care Insurance Act, 1999 is repealed and the following substituted: Appeal 17. (1) A physician or professional medical corporation aggrieved by an order of the minister under section 15 may, within 60 days from the date of the order, appeal against the order to a judge of the Trial Division by filing a notice of appeal with the court, and by serving a copy of the notice of appeal on the minister. (160) Subsection 73(1) of the Mental Health Care and Treatment Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (161) Subsection 23(2) of the Mineral Holdings Impost Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (162) Section 76 of the Municipal Elections Act is repealed and the following substituted: Presentation of petition 76. The presentation of a petition shall be made by delivering it to the court during office hours. (163) Section 77 of the Municipal Elections Act is repealed and the following substituted: Security for costs 77. (1) At the time of the presentation of the petition, security for the payment of all costs, charges, and expenses that may become payable by the petitioner shall be given by him or her or on his or her behalf and shall be by 2 approved sureties, or by a deposit of money into court to the amount of $400. (2) The court shall give a receipt for those deposits, which shall be evidence of the sufficiency of the deposit. (164) Subsection 410(1) of the Municipalities Act, 1999 is repealed and the following substituted: Appeal to Trial Division 410. (1) A councillor whose seat has been vacated under paragraphs 206(1)(c), (d), (e), (f), (g) or (h) or declared vacant under subsection 206(2) may appeal to a judge of the Trial Division by filing a notice of appeal with the court within 21 days of the date on which he or she is notified by the clerk of the council that his or her position as councillor is vacant and upon paying into the court a sum, or upon giving a bond for the sum, that the judge considered sufficient to defray the costs of the appeal. (165) Subsection 410(4) of the Municipalities Act, 1999 is repealed and the following substituted: (4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal. (166) Subsection 52(2) of the Occupational Health and Safety Act is repealed and the following substituted: (2) Where an order is made under this section or section 33 and is filed with the Trial Division that order is enforceable as if it were a judgment or order of the Trial Division. (167) Subsection 17(8) of the Occupational Therapists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (168) Section 27 of the Occupational Therapists Act, 2005 is amended by deleting the phrase
"Registrar of the Supreme Court" wherever it occurs and substituting
the words "Trial Division". (169) Subsection 28(1) of the Occupational Therapists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (170) Subsection 30(8) of the Optometry Act, 2012 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (171) Section 41 of the Optometry Act, 2012 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (172) Subsection 42(1) of the Optometry Act, 2012 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (173) Section 83 of the Personal Health Information Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (174) Subsection 39(10) of the Pharmacy Act, 2012 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (175) Section 50 of the Pharmacy Act, 2012 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (176) Subsection 51(1) of the Pharmacy Act, 2012 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (177) Subsection 19(8) of the Physiotherapy Act, 2006 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (178) Section 30 of the Physiotherapy Act, 2006 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (179) Subsection 31(1) of the Physiotherapy Act, 2006 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (180) Subsection 23(5) of the Provincial Court Act, 1991 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (181) Subsection 25.4(1) of the Provincial Court Act, 1991 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (182) Subsection 13(1) of the Psychologists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (183) Subsection 18(8) of the Psychologists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (184) Section 29 of the Psychologists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (185) Subsection 30(1) of the Psychologists Act, 2005 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (186) Section 41 of the Public Service Collective Bargaining Act is repealed and the following substituted: Enforcement of arbitration decision 41. Where a bargaining agent, employee, employee organization, employer or other person has failed to comply with a term of a decision of an arbitration board or of a single arbitrator made under a collective agreement or this Act, a person affected by the decision may, after the expiration of 14 days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file with the Trial Division a copy of the decision, exclusive of the reasons for the decision, and the decision shall be entered in the same way as a judgment of or order of that court and is enforceable as an order of the court. (187) Section 45 of the Public Service Collective Bargaining Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (188) Subsection 35(3) of the Public Service Pensions Act, 1991 is repealed and the following substituted: (3) The notice of appeal served under subsection (2) shall be signed by the employee or other person or by his or her solicitor or agent, and in the notice, the grounds of the appeal shall be set out, and the employee or other person shall file a copy of the notice with the Trial Division. (189) Paragraph 3(g) of the Public Utilities Acquisition of Lands Act is repealed and the following substituted: (g) in case a property sought to be expropriated is found to be encumbered by mortgage or judgment, or where the title to it is in dispute, payment of the amount of the damages into the Trial Division shall have the same effect as payment to the owner or occupier, and a judge of the Trial Division, on the application of an interested person, may order the payment out of court of the amount to the person entitled to it; (190) Subsection 4(10) of the Public Utilities Acquisition of Lands Act is repealed and the following substituted: (10) Where (a) the public utility is unable to ascertain the name of the owner of the land; (b) the owner of the land is an infant; (c) the ownership of the land is in dispute; or (d) the land is encumbered by a judgment, mortgage or other encumbrance the public utility may pay the damages payable in respect of the land into the Trial Division and the receipt of the court for money paid into it under this subsection constitutes a full and valid discharge of the public utility in respect of payment of damages for the expropriation of the land. (191) Subsection 6(4) of the Public Utilities Acquisition of Lands Act is amended by deleting the phrase "Registrar of the Court of Appeal" and substituting the word "court". (192) A reference to "the Registrar of the Supreme Court of Newfoundland and Labrador" or the "Registrar" in a Form appended to the Quieting of Titles Act is amended to refer to "a clerk of the Supreme Court". (193) Section 26 of the Real Estate Trading Act is repealed and the following substituted: Disposition of proceeds of bond 26. (1) The superintendent shall assign the proceeds of a bond forfeited under section 24 to the Trial Division. (2) The proceeds shall be distributed out of the Trial Division to a person who has become a judgment creditor of the agent or salesperson in respect of a claim arising out of a trade in real estate, or has otherwise proved his or her claim to the satisfaction of the court in respect of that claim. (194) Subsection 27(2) of the Real Estate Trading Act is repealed and the following substituted: (2) Where a bond has been forfeited under section 24, the balance of the proceeds remaining, less the expenses of the Trial Division, shall be repaid out of the Trial Division to the bonding company at the end of 2 years following the payment to the Crown of the proceeds of the bond. (195) Subsection 3(7) of the Reciprocal Enforcement of Judgments Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (196) Paragraph 2(a.1) of the Recording of Evidence Act is repealed and the following substituted: (a.1) "court" means the Supreme Court, the Provincial Court, and a master, and a court or tribunal, judicial or quasi-judicial, or commission or body of persons authorized by an Act or otherwise to hold hearings, take evidence and make a judgment, decree, order, report, finding or decision or otherwise exercise a judicial or quasi-judicial function or a function auxiliary to a judicial or quasi-judicial body or person; (197) Subsection 23(8) of the Registered Nurses Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (198) Section 34 of the Registered Nurses Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (199) Subsection 35(1) of the Registered Nurses Act, 2008 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (200) Section 21 of the Registration of Deeds Act, 2009 is repealed and the following substituted: Proof of judgments 21. A judgment shall be proved by a certified copy issued by the Supreme Court, under the seal of the court. (201) Section 23 of the Revenue Administration Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (202) Section 34 of the Royal (203) Subsection 9(6) of the Smoke-Free Environment Act, 2005 is repealed and the following substituted: (6) Where an order is made under this section and is filed with the Trial Division that order is enforceable as if it were a judgment or order of that court. (204) Subsection 20(3) of the Social Workers Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (205) Subsection 27(8) of the Social Workers Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (206) Section 38 of the Social Workers Act is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (207) Subsection 39(1) of the Social Workers Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (208) Paragraph 7(1)(b) of the (b) the Chief Executive Officer of the Supreme Court or his or her designate; (209) Paragraph 20(1)(d) of the Stock Savings Tax Credit Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (210) Paragraph 5(5)(b) of the Support Orders Enforcement Act, 2006 is repealed and the following substituted: (b) be registered with the director by the issuing court immediately after it is made or issued; and (211) Subsection 14(3) of the Support Orders Enforcement Act, 2006 is repealed and the following substituted: (3) An order under this section shall be registered with the director by the issuing court immediately after it is made or issued. (212) Section 62 of the Support Orders Enforcement Act, 2006 is repealed and the following substituted: Application to vary support order 62. (1) Where an application is made to a court to vary a support order, the court shall notify the director of the application. (2) Where the order is varied, the court shall file with the director the order of the court that varies the support order. (213) Subsection 38(3) of the Teachers' Pensions Act is repealed and the following substituted: (3) The notice of appeal served under subsection (2) shall be signed by the teacher or by his or her solicitor or agent and in the notice, the grounds of the appeal shall be set out, and the teacher or other person shall file a copy of the notice with the Trial Division. (214) Subsection 48(2) of the Trustee Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (215) Subsection 35(3) of the Uniformed Services Pensions Act, 2012 is repealed and the following substituted: (3) The notice of appeal served under subsection (2) shall be signed by the employee or other person or by his or her solicitor or agent and in the notice, the grounds of the appeal shall be set out, and the employee or other person shall file a copy of the notice with the Trial Division. (216) Paragraph 49(b) of the Urban and Rural Planning Act, 2000 is repealed. (217) Section 80 of the Urban and Rural Planning Act, 2000 is repealed and the following substituted: Payments 80. (1) Where, with respect to land that has been expropriated or injuriously affected, (a) the owner of that land (i) refuses to accept the compensation awarded in respect of the land, (ii) neglects or fails to make out a title to the land or the interest claimed by him or her to the reasonable satisfaction of the minister, council or regional authority, (iii) refuses to execute a document or receipt of indemnity with respect to the land as required by the minister, council or regional authority, (iv) is absent from the province or cannot, after inquiry by the minister, council or regional authority be found, or (v) is a person under a disability; (b) another person to whom compensation is payable under this Act (i) refuses to accept the awarded compensation, (ii) is a person under a disability, (iii) is a partial or qualified owner, or (iv) is not entitled to sell or convey the land; or (c) the Attorney General certifies that in his or her opinion there are or are likely to be conflicting claims with respect to the compensation or that it is advisable to pay the compensation into court, the minister, council or regional authority may arrange for the payment of the compensation payable with respect to the land or an interest in it into the court, subject to the control and disposition of the court in accordance with this Act. (2) From the date of payment into court, the minister, council or regional authority is not liable to pay interest under this Act or otherwise. (3) Upon payment into court, the minister, council or regional authority shall be provided a receipt for the compensation and that receipt constitutes a full and valid discharge of the minister, council or regional authority with respect to liability to make or pay compensation for the land. (218) Section 81 of the Urban and Rural Planning Act, 2000 is amended by deleting the word "registrar" wherever it occurs and substituting the word "court". (219) Section 82 of the Urban and Rural Planning Act, 2000 is repealed and the following substituted: Names and addresses 82. The names and addresses of persons claiming compensation shall be provided at the court to a person upon request. (220) Section 83 of the Urban and Rural Planning Act, 2000 is repealed. (221) Section 84 of the Urban and Rural Planning Act, 2000 is repealed and the following substituted: Claimant may apply to court 84. Where there is a claim to compensation to which this Act applies or a portion of compensation paid into the court under this Act, a person claiming the compensation may apply to a judge of the court for an order directing that the compensation or part of it be paid to him or her. (222) Subsection 86(1) of the Urban and Rural Planning Act, 2000 is amended by deleting the word "registrar" and substituting the word "court". (223) Section 87 of the Urban and Rural Planning Act, 2000 is amended by deleting the word "registrar" and substituting the word "court". (224) Section 90 of the Urban and Rural Planning Act, 2000 is repealed and the following substituted: Compensation as directed 90. In cases referred to in section 89, the compensation shall be disposed of by the court as directed by the judge. (225) Section 93 of the Urban and Rural Planning Act, 2000 is repealed and the following substituted: Compensation to be returned 93. (1) Where a claim to compensation is barred under section 92, the compensation and interest accrued on it become the property of the minister, council or regional authority. (2) The compensation and interest shall be returned to the minister, council or regional authority that paid the compensation into court. (226) Paragraph 32(1)(c) of the Venture Capital Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". (227) Subsection 22(3) of the Veterinary Medical Act, 2004 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (228) Subsection 36(7) of the Veterinary Medical Act, 2004 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (229) Section 45 of the Veterinary Medical Act, 2004 is amended by deleting the phrase "Registrar of the Supreme Court" wherever it occurs and substituting the words "Trial Division". (230) Subsection 46(1) of the Veterinary Medical Act, 2004 is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (231) Subsection 37(3) of the Vital Statistics Act, 2009 is repealed and the following substituted: (3) Where an order is made by the court under subsection (1) or (2), the court shall immediately send a copy of the order to the registrar general who shall comply with the order and attach the copy to the registration or certificate. (232) Subsection 79(4) of the Water Resources Act is repealed and the following substituted: (4) Where a person defaults in paying a debt owed to the Crown in accordance with subsection (3), the minister may issue a certificate stating the amount due and remaining unpaid to the Crown, and the name of the person by whom it is payable, and file the certificate with the Trial Division and, when filed, the certificate is of the same effect and all proceedings may be taken on it as if it were a judgment of that court for the recovery of the amount stated in the certificate against the person named in the certificate. (233) Subsection 15(13.1) of the Wild Life Act is repealed and the following substituted: (13.1) Where a person defaults in the payment of a fine imposed against him or her for an offence committed under this Act, that fine shall be considered to be a debt owed to the Crown and the minister may issue a certificate stating the amount due to the Crown and file the certificate with the Trial Division and, when filed, the certificate is of the same effect and all proceedings may be taken on it as if it were a judgment of that court for the recovery of the amount stated against the person named in the certificate. (234) Subsection 118(1) of the Workplace Health, Safety and Compensation Act is repealed and the following substituted: Where default 118. (1) Where default is made in the payment of an assessment or special assessment or a part of it the commission may issue its certificate stating that the assessment was made, the amount remaining unpaid on account of it and the person by whom it was payable and the certificate or a copy of it certified by the secretary or chief executive officer of the commission to be a true copy may be filed with the Trial Division or with the Provincial Court and when filed shall become an order of the Trial Division or the Provincial Court and may be enforced as a judgment of the Trial Division or the Provincial Court against that person for the amount mentioned in the certificate. Regulations - Consequential Amdt. 26. (1) Subsection 6(4) of the Collections Regulations, Consolidated (4) The minister shall assign the proceeds of a bond forfeited under subsection (2) to the Trial Division. (2) Section 6 of the Collections Regulations is amended by adding immediately after subsection (4) the following: (4.1) A person who claims the proceeds of the forfeited bond may apply to a judge of the Trial Division for an order directing that compensation be paid to him or her. (3) Subsections 6(5) to (13) of the Collections Regulations are repealed and the following substituted: (5) In every case a creditor shall prove to the satisfaction of the judge that his or her claim is totally or partially unsatisfied and where it is later determined that a creditor has been improperly paid from the proceeds of the bond, the payment shall be recovered by action commenced by the Crown and once recovered the money shall be used to satisfy other claims against the bond. (6) The onus shall be on the claimant to make the court aware of his or her claim and the department shall advertise within 30 days of forfeiture of the bond by notice in a local newspaper or in the manner that the minister shall direct. (7) Once a bond has been forfeited, the proceeds of the bond shall be held in the court for 6 months from the date of forfeiture, and after that time all proper claims which remain unsatisfied shall be paid by the court as directed by the judge, and where the amount of the claims exceed the amount of the bond, the claims shall be paid on a pro-rata basis. (8) The proceeds of a bond remaining after these payments shall be held by the court to pay further claims that may be made within 2 years of the date of forfeiture of the bond and these claims shall be paid in order according to the date on which each claimant gave the court written notice of his or her claim as directed by the judge. (9) Where a bond has been forfeited under subsection (2), the balance of the proceeds remaining after payment of claims, less the expenses of the court, shall be repaid by the court to the bonding company at the expiration of 2 years following the date of forfeiture of the bond. (4) Subsection 4(9) of the Child Support Service Regulations, (9) Where a notice of objection under paragraph (3)(b) is not filed, the recalculation office shall file a notice of the recalculation with the court and the court shall issue a child support order for the recalculated amount. (5) Subsection 26.2(6) of the Highway Traffic Driver Regulations, 1999, Newfoundland and Labrador Regulation 110/98 under the Highway Traffic Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the word "court". (6) Section 2 of the Supreme Court Fees Regulations, Fees 2. A person shall pay to the Supreme Court the fee listed in the Schedule for the service set out opposite the fee. (7) The Schedule to the Supreme Court Fees Regulations is amended by deleting the word "Registrar" wherever it occurs and substituting the words "Supreme Court". (8) Subsection 5(3) of the Private Investigation and Security Services Regulations, Consolidated Newfoundland and Labrador Regulation 788/96 under the Private Investigation and Security Services Act is amended by deleting the phrase "Registrar of the Supreme Court" and substituting the words "Trial Division". Saving 27. A release of mortgage executed by a clerk, officer or employee of the Supreme Court who exercised the authority of the Registrar of the Supreme Court under section 44 of the Conveyancing Act between April 19, 2011 and the day this Act comes into force, shall be considered valid. Transitional 28. (1) Where, immediately before the coming into force of this Act, the Registrar of the Supreme Court was named in an order or instrument, that order or instrument shall, on the coming into force of this Act, be considered to have named the Chief Executive Officer, and the Chief Executive Officer shall have the authority and responsibility with respect to that order or instrument that was given to the Registrar of the Supreme Court. (2) Subsection (1) does not apply to an order or instrument referred to in paragraphs 26(3)(a) to (d) of the Public Trustee Act, 2009. (3) Where, upon the coming into force of this Act, a claim to compensation has been paid into court and is pending before the Registrar of the Supreme Court under section 303 of the City of Corner Brook Act, section 303 of the City of Mount Pearl Act, section 42 of the Expropriation Act or section 83 of the Urban and Rural Planning Act, that claim shall be dealt with according to this Act. (4) Where, upon the coming into force of this Act, a claim to the proceeds of a forfeited bond is pending before the Registrar of the Supreme Court under section 6 of the Collections Regulations, Consolidated Newfoundland and Labrador Regulation 986/96 under the Collections Act or section 26 of the Real Estate Trading Act, that claim shall be dealt with according to this Act. (5) Where, upon the coming into force of this Act, an application for a release of mortgage is pending before the Registrar of the Supreme Court under section 44 of the Conveyancing Act, that application shall be disposed of according to this Act. (6) Where, upon the coming into force of this Act, an application to the Registrar of the Supreme Court is pending for the grant of the freehold of land under section 17 of the Leaseholds in St. John's Act, that application shall be dealt with according to this Act. |