48

 

Third Session, 44th General Assembly

50 Elizabeth II, 2001

BILL 48

AN ACT TO REMOVE ANOMALIES AND ERRORS
IN THE STATUTE LAW

Received and Read the First Time

Second Reading

Committee Dec. 13/01 Amendment

Third Reading

Royal Assent

HONOURABLE KELVIN PARSONS, Q.C.

Minister of Justice

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

General: The purpose of this Bill is to bring before the House of Assembly matters in the statute law that require legislative correction as a result of amendments or enactments made in previous sessions. The amendments contained in this Bill have been brought to the attention of the Minister of Justice and are technical amendments not involving matters of policy. Each amendment is explained by reference to the clause of the Bill by which it is proposed.

Clause 2 of the Bill would amend subsection 33(3) of the Accident and Sickness Insurance Act to replace an outdated reference to the Director of Child Welfare.

Clause 3 of the Bill would amend subsection 46(2) of the Adoption Act to provide that an adoption order and accompanying documents may be filed in a manner approved by the judge or consistent with the rules of the court, instead of having to be kept in the office of the judge.

Clause 4 of the Bill would amend subsection 26(2) of the Adoption of Children Act to provide that an adoption order and accompanying documents may be filed in a manner approved by the judge or consistent with the rules of the court, instead of having to be kept in the office of the judge.

Clause 5 of the Bill would amend the Child, Youth and Family Services Act to clarify that a warrant for the removal of a child is not required in the circumstances where the child is already in the care of a director or social worker under an agreement with a parent or where a parent voluntarily places the child in the care of a director or social worker.

Clause 6 of the Bill would amend subsection 40(2) of the Children's Law Act to replace an outdated reference to the Director of Child Welfare.

Clause 7 of the Bill would amend the Schedule to the Citizens' Representative Act to correct the manner in which hospital boards and authorities and health and community services boards are described.

Clause 8 of the Bill would amend paragraph 329(3)(a) of the City of St. John's Act to correct a spelling error.

Clause 9 of the Bill would amend the Conflict of Interest Act, 1995 to reverse the effect of an amendment made in error in 1997.

Clause 10 of the Bill would amend subsections 101(2) and 106(1) of the Co-operatives Act to correct errors in citations.

Clause 11 of the Bill would amend the Credit Union Act to fix references to a "central" which were inadvertently left in the Act following a 1998 amendment. The clause would also amend the Act to correct an error in citation and to clarify that forms may be set by the minister rather than being prescribed by regulation.

Clause 12 of the Bill would amend the Environmental Assessment Act, 2000 by adding to subsection 4(1) the words "an undertaking or" which were inadvertently omitted from the provision when originally presented to the legislature.

Clause 12 of the Bill would also amend the Environmental Assessment Act, 2000 to clarify that the minister, in the event an environmental preview report is considered deficient, may require a proponent to do one or more of the things set out in the provision.

Clause 13 of the Bill would amend section 19 of the Expropriations Act to correct an error in the numbering of a subsection.

Clause 13 of the Bill would also amend subsection 57(2) of the Expropriations Act to replace the word "injuriously" with the word "detrimentally" to correspond with the terminology used elsewhere in the Act.

Clause 14 of the Bill would amend the Family Law Act to remove the power of the Minister of Justice to establish forms. Forms are dealt with by the rules of the court that hears a matter under this Act.

Clause 15 of the Bill would amend paragraph 7(c) of the Fatalities Investigation Act to replace an outdated reference to the Director of Child Welfare.

Clause 16 of the Bill would repeal paragraph 2(1)(o) of the Fishing Industry Collective Bargaining Act effective July 1, 2000 to eliminate a conflict with the definition of "processor" in paragraph 2(1)(r) added to the Act on that date.

Clause 17 of the Bill would add paragraph 5(c.1) to the Grand Concourse Authority Act to clarify that the authority has the power to maintain the concourse and manage maintenance programs.

Clause 18 of the Bill would replace an outdated reference in paragraph 4(4)(a) of the Health and Community Services Act to the Child Welfare Act.

Clause 19 of the Bill would amend section 36 of the House of Assembly Act to give the Commissioner of Members' Interests the authority to set forms rather than have them prescribed in the regulations.

Clause 19 of the Bill would also repeal section 58 of the House of Assembly Act to correct an error where a commencement clause was added to a principal statute instead of as an additional section to the amending statute. It would also specify that this correction would be retroactive to June 1, 1993, the date the amending statute comes into force.

Clause 20 of the Bill would amend the House of Assembly (Amendment) Act to clarify that the commencement clause is a part of the amending statute rather than a section of the House of Assembly Act and would be retroactive to the date of Royal Assent of the amending statute, March 25, 1993.

Clause 21 of the Bill would amend subsection 15(1) of the Hydro Corporation Act to remove the reference to section 26 which is now repealed.

Clause 22 of the Bill would amend paragraph 2(u.1) of the Insurance Adjusters, Agents and Brokers Act and would add a section 44.1 to the Act to clarify that fees and forms required by the Act may be set by the minister responsible for the administration of the Act.

Clause 23 of the Bill would amend subsection 16(2) of the Judgment Enforcement Act to provide staff of the Provincial Court with the same immunity from personal liability given to the sheriff and his or her staff. This is appropriate because the staff of the Provincial Court enter Small Claims Court judgments into the judgment enforcement registry.

Clause 24 of the Bill would amend the Judicature Act to resolve a conflict between the Act and the rules of the court respecting appeals from the Trial Division to the Court of Appeal.

Clause 25 of the Bill would amend section 32 of the Jury Act, 1991 to provide that a request for a trial with a jury may be made in a certificate of readiness filed under the Rules of the Supreme Court, 1986.

Clause 26 of the Bill would amend the Lands Act to correct a spelling error.

Clause 27 of the Bill would amend section 3 of the Legal Aid Act to provide that members of the board of commissioners continue in office at the end of their term until reappointed or replaced.

Clause 28 of the Bill would amend subsection 52(3) of the Life Insurance Act to replace an outdated reference to the Director of Child Welfare.

Clause 29 of the Bill would repeal and substitute subsection 17(2) of the Memorial University Pensions Act to remove the disqualification to receive a spousal allowance resulting from the remarriage of the spouse. The amendment of this provision was overlooked when the disqualification was being removed from a number of other places in the law.

Clause 30 of the Bill would amend the Municipal Financing Corporation Act to confirm the total amount of guarantees given under the Act, the guarantees themselves and debentures issued.

Clause 31 of the Bill would amend subsection 28(1) of the Pension Benefits Act, 1997 to correct an error in the age provided for normal retirement.

Clause 32 of the Bill would amend section 6 of the Pensions Funding Act to correct an outdated citation.

Clause 33 of the Bill would amend section 16 of the Provincial Court Act, 1991 to remove the requirement to appoint the chief judge to the judicial council as the chief judge is a member of the council by virtue of the office.

Clause 33 of the Bill would also amend section 16 of the Provincial Court Act, 1991 to allow an alternate bencher chosen by the Law Society of Newfoundland to attend a meeting of or serve on the judicial council in the place of the bencher appointed by the Lieutenant-Governor in Council.

Clause 34 of the Bill would amend subsection 34(3) of the Public Service Pensions Act, 1991 to clarify that directives made under this section may be made with retroactive effect.

Clause 35 of the Bill would amend section 12 of the Public Tender Act to clarify that the Lieutenant-Governor in Council has the authority to add a body to the Schedule of bodies covered by the Act.

Clause 36 of the Bill would repeal and substitute paragraph 2(f) of the Public Trustee Act to replace the outdated references to the Mentally Incompetent Persons' Estates Act. The amendment to paragraph 8(2)(d) of the Act is consequential.

Clause 37 of the Bill would repeal the Reciprocal Taxation Agreement Act, 1994. The agreement that the Act ratifies expired on December 31, 1998.

Clause 38 of the Bill would amend paragraph 46(1)(a) of the Residential Tenancies Act, 2000 to correct an error in citation.

Clause 39 of the Bill would repeal the Residential Tenancies Areas Designation Order, 1996 and the Residential Tenancies Regulations made under the Residential Tenancies Act. That Act was repealed by the new Residential Tenancies Act, 2000 on September 1, 2000.

Clause 40 of the Bill would amend subsection 5(1) of the Royal Newfoundland Constabulary Act, 1992 to clarify that the employees taking the oath of office, while employed in the service of the constabulary, are employed by the government of the province and not by the constabulary.

Clause 40 of the Bill would also amend subsection 36(1) and paragraph 60(1)(a.1) of the Royal Newfoundland Constabulary Act, 1992 to correct errors in citations.

Clause 41 of the Bill would amend the Shops' Closing Act to remove a provision that is now spent relating to the observance of Discovery Day in 1997.

Clause 42 of the Bill would replace outdated references to the Director of Child Welfare in the Solemnization of Marriage Act.

Clause 43 of the Bill would amend the Trustee Act to confirm that the compensation to be paid to the Registrar of the Supreme Court when acting in the capacity of guardian would be determined by the rules of the court. That has been the practice for some time.

Clause 44 of the Bill would amend subsection 6(1) of the Unified Family Court Act to reflect the current exclusive jurisdiction of the Unified Family Court.

Clause 45 of the Bill would facilitate the timely amendment of regulations of the province that currently refer to the province as Newfoundland. The exclusions from this change contained in section 3 of the Newfoundland and Labrador Act would also apply to the amendment proposed to the regulations.

 

 

A BILL

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

Analysis

1. Short title

2. Accident and Sickness Insurance Act

3. Adoption Act

4. Adoption of Children Act

5. Child, Youth and Family Services Act

6. Children's Law Act

7. Citizens' Representative Act

8. City of St. John's Act

9. Conflict of Interest Act, 1995

10. Co-operatives Act

11. Credit Union Act

12. Environmental Assessment Act, 2000

13. Expropriation Act

14. Family Law Act

15. Fatalities Investigations Act

16. Fishing Industry Collective Bargaining Act

17. Grand Concourse Authority Act

18. Health and Community Services Act

19. House of Assembly Act

20. House of Assembly (Amendment) Act

21. Hydro Corporation Act

22. Insurance Adjusters, Agents and Brokers Act

23. Judgment Enforcement Act

24. Judicature Act

25. Jury Act, 1991

26. Lands Act

27. Legal Aid Act

28. Life Insurance Act

29. Memorial University Pensions Act

30. Municipal Financing Corporation Act

31. Pension Benefits Act, 1997

32. Pensions Funding Act

33. Provincial Court Act, 1991

34. Public Service Pensions Act, 1991

35. Public Tender Act

36. Public Trustee Act

37. Reciprocal Taxation Agreement Act, 1994

38. Residential Tenancies Act, 2000

39. Residential Tenancies Areas Designation Order and Residential Tenancies Regulations

40. Royal Newfoundland Constabulary Act, 1992

41. Shops' Closing Act

42. Solemnization of Marriage Act

43. Trustee Act

44. Unified Family Court Act

45. Reference to Newfoundland

 

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, 2001.

RSN1990 cA-2

2. Subsection 33(3) of the Accident and Sickness Insurance Act is amended by striking out the words "Director of Child Welfare" and substituting the words "provincial director appointed under the Child, Youth and Family Services Act".

SN1999 cA-2.1

3. Subsection 46(2) of the Adoption Act is repealed and the following substituted:

(2) An adoption order, together with the documents used in the application, shall be filed in accordance with the rules of court or in a manner approved by the judge, and 2 copies of the order certified by the judge shall be forwarded to the director, and the director shall forward one of the certified copies to the registrar general, who shall record the order and make the change in the records required by the adoption order.

RSN1990 cA-3
as amended

4. Subsection 26(2) of the Adoption of Children Act is repealed and the following substituted:

(2) An adoption order, together with the documents used in the application, shall be filed in accordance with the rules of court or in a manner approved by the judge, and 2 copies of the order certified by the judge shall be forwarded to the director, and the director shall forward one of the certified copies to the registrar general, who shall record the order and make the change in the records required by the adoption order.

SN1998 cC-12.1
as amended

5. Section 23 of the Child, Youth and Family Services Act is amended by adding immediately after subsection (5) the following:

(6) Notwithstanding subsection (1), a warrant is not required for the removal of a child where

(a) the child is in the care of a director under an agreement between the director and a parent of the child entered into under section 10, and the agreement expires or is repudiated by the parent, and the director or social worker believes the child is in need of protective intervention; or

(b) a parent of a child voluntarily places the child in the care of a director but refuses to enter into an agreement under section 10.

RSN1990 cC-13
as amended

6. Subsection 40(2) of the Children's Law Act is repealed and the following substituted:

(2) A court shall not direct a person or a director of child, youth and family services under the Child, Youth and Family Services Act to supervise custody or access as mentioned in subsection (1) unless the person or director has consented to act as supervisor.

SN2001 cC-14.1

7. The Schedule to the Citizens' Representative Act is amended

(a) by striking out the words "A health care corporation incorporated under the Hospitals Act" and substituting the words "A hospital board or authority as defined in the Hospitals Act"; and

(b) by striking out the words "A health and community board incorporated under the Hospitals Act" and substituting the words "A health and community services board incorporated under the Health and Community Services Act".

RSN1990 cC-17
as amended

8. Paragraph 329(3)(a) of the City of St. John's Act is amended by striking out the word "purpose" and substituting the word "propose".

SN1995 cC-30.1
as amended

9. Paragraph 14(2)(a) of the Conflict of Interest Act, 1995 is amended by deleting the words "Treasury Board" and substituting the words "Public Service Commission".

SN1998 cC-35.1
as amended

10. (1) Subsection 101(2) of the Co-operatives Act is amended by striking out the number "130" and substituting the number "129".

(2) Subsection 106(1) of the Act is amended by striking out the number "130" and substituting the number "129".

SN1995 cC-37.1
as amended

11. (1) Section 45 of the Credit Union Act is amended by striking out the words "as prescribed by regulation".

(2) Section 57 of the Act is repealed and the following substituted:

Insurance required

57. A credit union shall maintain those types and minimum levels of insurance and bonding coverage as may be prescribed by regulation.

(3) Subsection 134(1) of the Act is amended by striking out the words "in the form prescribed by regulation" and substituting the words "in the form set by the minister".

(4) Subsection 140(4) of the Act is amended by striking out the words "in prescribed form" and substituting the words "in the form set by the minister".

(5) Subsection 154(1) of the Act is amended by adding immediately after the words "Credit Union Central of Newfoundland and Labrador" the word "Limited".

(6) Paragraph 199(b)(vii) of the Act is repealed and the following substituted:

(vii) a trade association,

(7) Section 205 of the Act is amended by striking out the word "central" and substituting the words "trade association".

(8) Section 221 of the Act is repealed and the following substituted:

Supervision of a trade association

221. Where the superintendent is satisfied that a trade association is carrying on its business in a manner that contravenes this Act or is financially unsound, including those situations where

(a) a trade association is unable to pay its liabilities as they become due;

(b) the realizable value of the assets of a trade association is less than the aggregate of its liabilities and the capital account of all classes of shares of a trade association;

(c) a trade association is unable to meet its obligations or manage liquidity requirements;

(d) a trade association fails to file a report or document required to be filed by this Act within the time fixed for filing by this Act;

(e) in the opinion of the superintendent a trade association has not been following sound business practices; or

(f) it has failed to comply with an order of the superintendent,

the superintendent may give notice to a trade association that it is declared to be under the supervision of a supervisor whom the superintendent shall appoint.

(9) Paragraph 223(1)(a) of the Act is amended by striking out the number and word "221 or".

(10) Paragraph 243(h) of the Act is amended by striking out the word "central" and substituting the words "trade association".

(11) Subsection 244(5) of the Act is amended by striking out the word "central" and substituting the words "trade association".

(12) Subsection 247(2) of the Act is amended by striking out the words "form and manner prescribed by regulation" and substituting the words "form and manner set by the minister".

SN2000 cE-14.1

12. (1) Subsection 4(1) of the Environmental Assessment Act, 2000 is repealed and the following substituted:

Application of Act

4. (1) This Act applies to all undertakings carried out in the province, unless it is an undertaking or a class of undertaking exempted under the Act.

(2) Subsection 12(4) of the Act is repealed and the following substituted:

(4) Where, in the opinion of the minister, an environmental preview report is deficient, the minister may require the proponent to do one or more of the following:

(a) conduct further work;

(b) amend the environmental preview report; and

(c) revise and submit another environmental preview report or amendment to that report,

within the time period required by regulation.

RSN1990 cE-19
as amended

13. (1) The Expropriation Act is amended by renumbering section 19 as subsection 19(1).

(2) Subsection 57(2) of the Act is amended by striking out the word "injuriously" and substituting the word "detrimentally".

RSN1990 cF-2
as amended

14. Section 86 of the Family Law Act is repealed and the following substituted:

Fees

86. The Minister of Justice may set fees for the purpose and administration of this Act.

SN1995 cF-6.1
as amended

15. Paragraph 7(c) of the Fatalities Investigations Act is repealed and the following substituted:

(c) while in the custody of a director of child, youth and family services under the Child, Youth and Family Services Act; or

RSN1990 cF-18
as amended

16. (1) Paragraph 2(1)(o) of the Fishing Industry Collective Bargaining Act is repealed.

(2) This section is considered to have come into force on July 1, 2000.

SN1994 cG-7

17. Section 5 of the Grand Concourse Authority Act is amended by adding immediately after paragraph (c) the following:

(c.1) to provide maintenance and management of maintenance programs for the concourse;

SN1995 cP-37.1
as amended

18. Paragraph 4(4)(a) of the Health and Community Services Act is repealed and the following substituted:

(a) Child, Youth and Family Services Act;

RSN1990 cH-10
as amended

19. (1) Subsection 36(1) of the House of Assembly Act is amended by striking out the words "in the form prescribed by the regulations" and substituting the words "in the form set by the minister".

(2) Section 58 of the Act is repealed.

(3) Subsection (2) is considered to have come into force on June 1, 1993.

SN1993 c1

20. (1) The House of Assembly (Amendment) Act is amended by adding immediately after section 1 the following:

Commencement

2. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

(2) This section is considered to have come into force on March 25, 1993.

RSN1990 cH-16
as amended

21. Subsection 15(1) of the Hydro Corporation Act is amended by striking out the words and numbers "For the purposes of sections 16 and 26" and substituting the words and number "For the purpose of section 26".

RSN1990 cI-9
as amended

22. (1) Paragraph 2(u.1) of the Insurance Adjusters, Agents and Brokers Act is repealed and the following substituted:

(u.1) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(2) The Act is amended by adding immediately after section 44 the following:

Fees and forms

44.1 The minister may set fees and forms for the purpose of a provision of this Act that provides for a fee or form to be prescribed.

SN1996 cJ-1.1
as amended

23. Subsection 16(2) of the Judgment Enforcement Act is repealed and the following substituted:

(2) Notwithstanding subsection (1) and the Proceedings Against the Crown Act, the sheriff, an employee or agent of the sheriff and a clerk, deputy clerk or other employee of the Provincial Court is not personally liable for an error or omission in respect of the discharge or purported discharge of a duty or function under this Act.

RSN1990 cJ-4
as amended

24. (1) Subsection 5(1) of the Judicature Act is repealed and the following substituted:

Appellate jurisdiction

5. (1) Subject to the rules, an appeal lies to the Court of Appeal

(a) from an order of the Trial Division or an order of a judge of the Trial Division; and

(b) in a proceeding where jurisdiction is given to it under an Act of the Legislature or the Parliament of Canada.

(2) Section 37 of the Act is repealed.

SN1991 c16
as amended

25. (1) Subsection 32(1) of the Jury Act, 1991 is repealed and the following substituted:

Juries in certain actions

32. (1) In actions of defamation, malicious prosecution, false imprisonment, seduction, or breach of promise of marriage, the plaintiff and the defendant may indicate in a certificate of readiness filed under the Rules of the Supreme Court, 1986 that he or she wishes the issues of fact tried by a judge with a jury.

(2) Subsection 32(3) of the Act is repealed and the following substituted:

(3) A judge may make an order for a trial with a jury in another cause or matter where a party makes a request in a certificate of readiness filed under the Rules of the Supreme Court, 1986, or in manner and at those times as the court may allow.

SN1991 c36
as amended

26. Section 30 of the Lands Act is amended by striking out the word "property" and substituting the word "properly".

RSN1990 cL-11
as amended

27. Section 3 of the Legal Aid Act is amended by adding immediately after subsection (4) the following:

(4.1) Where the term of office of a member of the board expires, he or she continues to be a member of the board until reappointed or replaced.

RSN1990 cL-14
as amended

28. Subsection 52(3) of the Life Insurance Act is amended by striking out the words "Director of Child Welfare" and substituting the words "provincial director appointed under the Child, Youth and Family Services Act.

RSN1990 cM-8
as amended

29. Subsection 17(2) of the Memorial University Pensions Act is repealed and the following substituted:

(2) When the president dies the board shall award to the surviving spouse an allowance equal to 1/2 of the pension being paid to the president at the date of the president's death or, if not retired at that date, an allowance equal to 1/2 of the pension that the president would have been entitled to if the president had been retired at the date of death.

RSN1990 cM-21
as amended

30. The Municipal Financing Corporation Act is amended by adding immediately after section 31 the following:

Confirmation of guarantee limits

32. For the purpose of subsections 15(2) and 19(2), the total of guarantees shall be considered always to have been, and to continue to be, until a new limit is fixed by the Lieutenant-Governor in Council, the amount of $700 million, and all guarantees given and debentures issued before the coming into force of this section are considered to have been lawfully given and issued.

SN1996 cP-4.01

31. Subsection 28(1) of the Pension Benefits Act, 1997 is amended by striking out the number "66" and substituting the number "65".

RSN1990 cP-6
as amended

32. Section 6 of the Pensions Funding Act is repealed and the following substituted:

Investment of fund

6. The fund shall be held in trust by the minister and may be invested on the terms and conditions that the minister considers advisable in the securities and investments that conform to the investment requirements of the regulations made under section 37 of the Pension Benefits Act, 1997.

SN1991 c15
as amended

33. (1) Subsection 16(2) of the Provincial Court Act, 1991 is repealed and the following substituted:

(2) The Lieutenant-Governor in Council shall appoint to the judicial council 5 members being

(a) a justice of the Supreme Court who shall be nominated by the Chief Justice of the Trial Division and who shall be the chairperson of the judicial council;

(b) one bencher of the Law Society of Newfoundland who shall be nominated by the benchers of the law society;

(c) 2 persons nominated by the minister; and

(d) the president of the Newfoundland Provincial Judges Association.

(2.1) The chief judge, by virtue of the office, shall be a member of the judicial council.

(2) Section 16 of the Act is amended by adding the following immediately after subsection (5):

(5.1) Where the bencher appointed under paragraph (2)(b) is unable to attend a meeting or is unable to serve as a member of the judicial council, an alternate bencher selected by the benchers of the law society may attend the meeting or serve in his or her place.

SN1991 c12
as amended

34. Subsection 34(3) of the Public Service Pensions Act, 1991 is amended by striking out the word "Regulations" and substituting the word "Directives".

RSN1990 cP-45
as amended

35. The Public Tender Act is amended by renumbering section 12 as subsection 12(1) and by adding immediately after that subsection the following:

(2) The Lieutenant-Governor in Council may by order add a body to the Schedule to this Act for the purpose of subparagraph 2(b)(viii).

RSN1990 cP-46
as amended

36. (1) Paragraph 2(f) of the Public Trustee Act is repealed and the following substituted:

(f) "mentally disabled person" means a mentally disabled person as defined in the Mentally Disabled Persons' Estates Act; and

(2) Paragraph 8(2)(d) of the Act is amended by striking out the words "mentally incompetent person" and substituting the words "mentally disabled person".

SN1994 cR-6.1

37. The Reciprocal Taxation Agreement Act, 1994 is repealed.

SN2000 cR-14.1

38. Paragraph 46(2)(a) of the Residential Tenancies Act, 2000 is amended by striking out the number "5" and substituting the number "6".

NR 18/96 and CNR 1011/96

39. (1) The Residential Tenancies Areas Designation Order, 1996, Newfoundland Regulation 18/96, is repealed.

(2) The Residential Tenancies Regulations, Consolidated Newfoundland Regulation 1011/96, are repealed.

SN1992 cR-17
as amended

40. (1) Subsection 5(1) of the Royal Newfoundland Constabulary Act, 1992 is repealed and the following substituted:

Oath or affirmation

5. (1) Before commencing his or her duties of office every police officer and every other person employed in the constabulary shall swear or affirm an oath or affirmation of office and secrecy as prescribed by regulation.

(2) Subsection 36(1) of the Act is amended by striking out the number "22(5)" and substituting the number "22(6)".

(3) Paragraph 60(1)(a.1) of the Act is repealed and the following substituted:

(a.1) as required under section 174 of the Highway Traffic Act, section 15 of the Child, Youth and Family Services Act, section 7 of the Fatalities Investigation Act or section 19 or 20 of the Corrections and Conditional Release Act (Canada); and

RSN1990 cS-15
as amended

41. Subsection 4(6) of the Shops' Closing Act is repealed.

RSN1990 cS-19
as amended

42. (1) Paragraph 19(1)(c) of the Solemnization of Marriage Act is repealed and the following substituted:

(c) a director of child, youth and family services under the Child, Youth and Family Services Act, where the party is a person in the continuous care and custody of that director;

(2) Subsection 19(2) of the Act is amended by striking out the words "committed to the permanent care and custody of the Director of Child Welfare" and substituting the words "in the continuous care and custody of the director of child, youth and family services".

(3) Subsection 19(3) of the Act is amended by striking out the words "permanent care and custody of the Director of Child Welfare in the Department of Social Services" and substituting the words "continuous care and custody of a director of child, youth and family services under the Child, Youth and Family Services Act".

RSN1990 cT-10
as amended

43. Subsection 52(7) of the Trustee Act is repealed and the following substituted:

(7) Notwithstanding the other provisions of this Act, the compensation of the Registrar of the Supreme Court, when acting as a trustee or guardian, shall be governed by the rules of the court.

RSN1990 cU-3
as amended

44. Subsection 6(1) of the Unified Family Court Act is repealed and the following substituted:

Jurisdiction of court

6. (1) The Unified Family Court has and may exercise the powers and duties possessed by the Supreme Court in relation to, and has and may exercise exclusive jurisdiction in relation to, proceedings in the following matters taken in the judicial area other than by way of appeal,

(a) formation of marriage;

(b) dissolution and annulment of marriage;

(c) judicial separation and separation orders;

(d) actions and causes concerning matrimonial property including injunctions, partition and settlements;

(e) relief for family dependants on death;

(f) declarations of status including validity of marriage;

(g) entitlement to support under the Family Law Act;

(h) enforcement of support orders including reciprocal enforcements of these orders;

(i) custody and access;

(j) adoption;

(k) an offence under the Adoption of Children Act and the Child, Youth and Family Services Act;

(l) interspousal and familial torts; and

(m) those other matters that are provided by or under an Act to be within the jurisdiction of the Unified Family Court.

Reference to Newfoundland

45. (1) A regulation that contains a reference to "Newfoundland" is amended to refer to "Newfoundland and Labrador".

(2) Subsection (1) does not apply to a reference in a regulation to

(a) the Royal Newfoundland Constabulary;

(b) the Memorial University of Newfoundland, its pension plan or the foundation; or

(c) a professional or occupational group that includes the name "Newfoundland" in its title.

(3) This section is considered to have come into force on December 6, 2001.

 

 

 

 

 

 

 

 

 

 

 

©Earl G. Tucker, Queen's Printer