THE NEWFOUNDLAND AND LABRADOR GAZETTE · forty-six degrees zero five minutes ten seconds West one...

175

THE NEWFOUNDLAND

AND LABRADOR GAZETTE

PART I

PUBLISHED BY AUTHORITY

Vol. 91 ST. JOHN’S, FRIDAY, JUNE 3, 2016 No. 22

URBAN AND RURAL PLANNING ACT, 2000

NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT

REGULATIONS AMENDMENT NO. 631, 2016 TAKE NOTICE that the ST. JOHN’S Development Regulations Amendment Number 631, 2016, adopted on the 9th day of May, 2016, has been registered by the Minister of Municipal Affairs.

In general terms, the purpose of Development Regulations Amendment Number 631, 2016, is to revise existing Parking Area requirements and clarify how yard setbacks may be reduced when adjacent to a Collector or Arterial Street.

This amendment comes into effect on the date that this notice is printed in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the amendment may do so at the Department of Planning, Development and Engineering, 3rd Floor, St. John’s City Hall during regular business hours.

CITY OF ST. JOHN’S Ken O’Brien, MCIP, Chief Municipal Planner

June 3

NOTICE OF REGISTRATION TOWN OF LOGY BAY-

MIDDLE COVE-OUTER COVE DEVELOPMENT REGULATIONS

AMENDMENT No. 29, 2016 TAKE NOTICE that the TOWN OF LOGY BAY-MIDDLE COVE-OUTER COVE Development Regulations Amendment No. 29, 2016, as adopted by Council on the 26th day of April, 2016, has been registered by the Minister of Municipal Affairs.

In general terms, Development Regulations Amendment No. 29, 2016, will re-zone land located on the north side of Big Meadow Drive from Residential Subdivision Ares (RSA) to Residential Low Density (RLD).

The TOWN OF LOGY BAY-MIDDLE COVE-OUTER COVE Development Regulations Amendment No. 29, 2016, comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the TOWN OF LOGY BAY-MIDDLE COVE-OUTER COVE Development Regulations Amendment No. 29, 2016, may do so at the Town Office, Logy Bay-Middle Cove-Outer Cove during normal working hours.

THE NEWFOUNDLAND AND LABRADOR GAZETTE June 3, 2016

176

TOWN OF LOGY BAY- MIDDLE COVE-OUTER COVE

Richard Roche, Town Clerk

June 3

QUIETING OF TITLES ACT

2016 0lG No. 2455 IN THE SUPREME COURT OF

NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL)

IN THE MATTER of an Application of ADA E. SIMMS by her Attorney, Jerome Oliver pursuant to the Quieting of Titles Act, RSNL1990 cQ-3 AND IN THE MATTER of those pieces or parcels of land situate at Glam Road, in the Town of Clarke's Beach, in the Province of Newfoundland and Labrador (hereinafter collectively referred to as the "Subject Property") Notice of Application under the Quieting of Titles Act, RSNL1990 cQ-3. NOTICE IS HEREBY given to all parties that ADA E. SIMMS by her Attorney, Jerome Oliver has applied to the Supreme Court of Newfoundland and Labrador, St. John's, to have the title to ALL THAT piece or parcel of land situate at Glam Road, in the Town of Clarke's Beach, in the Province of Newfoundland and Labrador and being more particularly described in Schedule "A" and outlined on the plan annexed hereto marked as Schedule "B" for which she is claiming to be the owner, investigated and for a Declaration that she is the absolute owner in fee simple and that she has been ordered to publish notice of the Application as required by the before noted Act. All persons having title adverse to the said title claimed by ADA E. SIMMS file in the Registry of the Supreme Court of Newfoundland and Labrador, St. John's, in the Province of Newfoundland and Labrador, particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitor for the Applicant on or before the 27th day of June, 2016 after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just. All such adverse claims shall then be investigated in such manner as the said Supreme Court of Newfoundland and Labrador, St. John's, may direct. DATED at Bay Roberts, in the Province of Newfoundland and Labrador, this 17th day of May, 2016.

MORROW & MORROW Solicitor for the Applicants

PER: John C. Crosbie ADDRESS FOR SERVICE: P.O. Box 870 Bay Roberts, NL A0A IG0

SCHEDULE A LandGazette No. H2LMR9

November 5, 2015 All that piece or parcel of land situate and being in the Town of Clarke's Beach, in the Provincial Electoral District of Harbour Main, in the Province of Newfoundland and Labrador, abutted and bounded as follows, that is to say; Beginning at a point in the northerly limit of Glam Road, twenty metres wide, the said point having grid coordinates, NAD 83, of North 5267351.450 metres and East 282384.383 metres for the Modified Three Degree Transverse Mercator Projection System for the Province of Newfoundland and Labrador; Thence along the said northerly limit of Glam Road South forty-six degrees zero five minutes ten seconds West one hundred forty-seven decimal seven one nine metres; And thence South sixty-two degrees thirty minutes thirty-four seconds West ninety-two decimal three seven five metres; Thence along land of Willmore Ltd., North forty-nine degrees zero nine minutes fifty seconds West sixteen decimal five three two metres; And thence North forty-nine degrees zero three minutes thirty-one seconds West seventy-four decimal three eight seven metres; And thence North forty degrees zero zero minutes fifty-two seconds West forty-eight decimal nine five two metres; And thence North thirty-nine degrees ten minutes zero six seconds West nine decimal five nine three metres; And thence North twelve degrees twenty-one minutes twenty-nine seconds West twenty-two decimal two seven zero metres; Thence along the sinuosities of the southerly limit of a ten metre reservation for North River for a distance of two hundred twenty decimal eight two eight metres, more or less to a point, the said point being distant two hundred sixteen decimal nine one zero metres as measured on a bearing of North forty-three degrees fourteen minutes seventeen seconds East from the last mentioned point; Thence along land of Thomas and Paulette St. Croix South fifty-three degrees twenty-nine minutes twenty-one seconds East twenty-eight decimal seven seven two metres; And thence South forty-four degrees forty-four minutes fifty-nine seconds East seventeen decimal eight two eight metres; And thence South forty-four degrees fourteen minutes twenty-five seconds East twenty-one decimal three four zero metres;


177

Thence along land of Roy Burton South forty-six degrees zero five minutes thirteen seconds East fifteen decimal zero zero two metres; Thence along land of Jamie and Kerri-Lynn Morgan South forty-six degrees forty-three minutes fifteen seconds East twenty decimal nine three three metres; And thence South forty-eight degrees thirty minutes thirty-seven seconds East twenty-seven decimal four eight zero metres; An thence South forty-five degrees forty-nine minutes thirty-seven seconds East forty-three decimal five zero zero metres; Thence along land of Newfoundland Light and Power Co. Limited South forty-seven degrees zero three minutes

eleven seconds East thirty decimal five six six metres, more or less, to the point of beginning; The above described piece or parcel of land containing an area of four decimal two nine one one hectares, more or less, and being more particularly shown and delineated on the attached plan; All bearings being referred to the central meridian of fifty-three degrees west longitude, zone one, of the above mentioned projection system. © Ian Edwards NLS, 2015

June 3


178

TRUSTEE ACT

ESTATE NOTICE

IN THE MATTER OF the Estate of JOHN FRANCIS TOUROUT, Late of the Community of Piccadilly, Province of Newfoundland and Labrador, Canada, Deceased. ALL PERSONS claiming to be creditors of or who have any claims or demands either as beneficiaries or next-of-kin, (by blood, legal adoption or marriage) upon or affecting the Estate of the Late JOHN FRANCIS TOUROUT, the aforesaid deceased, who died at Piccadilly, NL on or about the 8th day of March, 2016, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitor for the Executrix of the Estate of the Late JOHN FRANCIS TOUROUT on or before the 3rd day of July, 2016, after which date the said Executrix will proceed to distribute the said Estate having regard only to the claims to which they shall then have notice. DATED AT the Town of Stephenville, Province of Newfoundland and Labrador, this 12th day of May, 2016.

STAGG & STAGG LAW OFFICE Solicitor for the Executrix

PER: Fred R. Stagg

ADDRESS FOR SERVICE: P. O. Box 214 28 Main Street Stephenville, NL A2N 2Z4 Tel: (709) 643-5651 Fax: (709) 643-5369 May 20, 27, June 3 & 10

ESTATE NOTICE

IN THE ESTATE of CHESLEY ROBERT DALE, Retired Machinist, Late of the Town of Channel-Port aux Basques, District of Burgeo-Lapoile, Province of Newfoundland and Labrador, Canada, Deceased. ALL PERSONS claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin, (by blood, legal adoption or marriage) upon or affecting the Estate of CHESLEY ROBERT DALE, Retired Machinist, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Administrator of the Estate of the said deceased on or before the 6th day of July, 2016, after which date the said Administrator will proceed to distribute the said Estate having regard only to the claims to which he shall then have had notice.

DATED at the Town of Channel-Port aux Basques, Province of Newfoundland and Labrador, this 27th day of May, 2016.

MARKS & PARSONS Solicitors for the Administrator

PER: M. Beverley L. Marks, Q.C. ADDRESS FOR SERVICE P.O. Box 640 174 Caribou Road Channel-Port aux Basques, NL A0M lC0 Tel: (709) 695-7338/7341 Fax: (709) 695-3944 June 3

IN THE MATTER OF the Estate and Effects of Late CHESLEY LAMBERT, of the Town of Twillingate, in the Province of Newfoundland and Labrador, Retired Person, Deceased. ALL PERSONS claiming to be creditors of or who have any claims or demands upon or affecting the Estate of CHESLEY LAMBERT, the aforesaid deceased, who died at Town of Twillingate, in the Province of Newfoundland and Labrador on or about the 10th day of April, 2015, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 20th day of June, 2016 after which date the Administrator will proceed to distribute the said Estate having regard only to the claims of which he shall then have had notice. DATED at the Town of Gander, Newfoundland and Labrador, this 26th day of May, 2016.

BONNELL LAW Solicitor for the Administrator

PER: R. Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 June 3 & 10

THE NEWFOUNDLAND

AND LABRADOR GAZETTE

PART II

SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT

Vol. 91 ST. JOHN’S, FRIDAY, JUNE 3, 2016 No. 22

NEWFOUNDLAND AND LABRADOR

REGULATIONS

NLR 23/16

NLR 24/16

NLR 25/16

NLR 26/16

NLR 27/16


REGULATION 23/16

Meeting of the Householders of the Local Service District

of Lance Cove Order

under the

Local Service District Regulations

under the

Municipalities Act, 1999

(Filed May 31, 2016)

Under the authority of section 40 of the Local Service District

Regulations and the Municipalities Act, 1999, I make the following

Order.

Dated at St. John’s, June 3, 2016.

Eddie Joyce

Minister of Municipal Affairs

ORDER

Analysis

1. Short title

2. Meeting ordered

3. Appointment

1. This Order may be cited as the Meeting of the Householders of

the Local Service District of Lance Cover Order.

2. It is ordered that a meeting of the householders of the Local

Service District of Lance Cove be held on June 14, 2016 for the pur-

pose of electing a new Local Service District Committee.

Short title

Meeting ordered

Appointment

The Newfoundland and Labrador Gazette June 3, 2016 181 , ,

Meeting of the Householders of the Local Service

District of Lance Cove Order

23/16

3. Ms. Trina Keough-Hackett, Municipal Affairs Analyst, is ap-

pointed to conduct the meeting and election of committee members.

©Queen's Printer

The Newfoundland and Labrador Gazette June 3, 2016 182The Newfoundland and Labrador Gazette June 3, 2016 , ,


REGULATION 24/16

Public Pools Regulations (Amendment)

under the

Health and Community Services Act

(Filed June 1, 2016)

Under the authority of section 11 of the Health and Community

Services Act, I make the following regulations.

Dated at St. John’s, May 31, 2016.

Dr. John Haggie

Minister of Health and Community Services

REGULATIONS

Analysis

1. S.16 Amdt. Safety

1. (1) Subsection 16(4) of the Public Pools Regulations is re-

pealed and the following substituted:

(4) Where there is only one lifeguard on duty on the deck, an

owner and an operator of a Class A pool shall ensure that there are,

elsewhere on the premises and within call, one or more additional per-

sons 16 years of age or more who are currently trained in Emergency

First Aid and CPR and who are aware of the emergency and operation-

al procedures for the pool.

CNLR 1023/96

as amended

The Newfoundland and Labrador Gazette June 3, 2016 183 ,

Public Pools Regulations (Amendment) 24/16

(2) Subsection 16(6) of the regulations is repealed and the

following substituted:

(6) A lifeguard shall be 16 years of age or older.



(8) For the purpose of this section a current lifeguard certificate

means

(a) a valid lifeguard certificate issued by the Royal Life Saving

Society or the Canadian Red Cross; and

(b) either

(i) a valid Standard First Aid and CPR Certificate, or

(ii) another equivalent program approved by the minister.

(4) Subsection 16(9) of the regulations is repealed.



(10) For the purpose of this section a current assistant lifeguard

certificate means

(a) a valid assistant lifeguard certificate issued by the Royal Life

Saving Society or the Canadian Red Cross; and

(b) either

(i) a valid Standard First Aid and CPR Certificate, or

(ii) another equivalent program approved by the minister.

(6) Subsection 16(11) of the regulations is repealed.



The Newfoundland and Labrador Gazette June 3, 2016 184 , 201 ,


(12) For the purpose of this section a Standard First Aid and CPR

Certificate means a certificate issued by

(a) the Canadian Red Cross;

(b) St. John Ambulance;

(c) the Royal Life Saving Society; or

(d) an equivalent certificate or program approved by the minis-

ter.



(18) An owner and an operator shall ensure that there is an identi-

fiable room or area for the sole purpose of emergency care and this area

shall contain

(a) a spine board with a head immobilization device, working

straps or a device designed for securely transporting a person

who has incurred a head, neck or spinal injury;

(b) a fully stocked #3 first aid kit in accordance with Schedule D

to the Occupational Health and Safety First Aid Regula-

tions; and

(c) splints for treating musculoskeletal injuries.



(19) A Class A pool, other than a pool installed at a campground

or day camp, shall be equipped with

(a) where the pool area is greater than 150 square metres, but

not greater than 230 square metres, at least one control sta-

tion that is restricted to the exclusive use of lifeguards and

assistant lifeguards; and

(b) where the pool area is greater than 230 square metres, at

least 2 control stations that are restricted to the exclusive use

of lifeguards and assistant lifeguards.



(10) Section 16 of the regulations is amended by adding im-

mediately after subsection (19) the following:

(20) In this section, "control station" means an elevated platform

or chair which is

(a) at least 1.8 metres above the water surface of the pool;

(b) located at the side of the pool to provide an unobstructed

view of the bottom of the pool; and

(c) securely positioned while in use.

©Queen's Printer

The Newfoundland and Labrador Gazette June 3, 2016 186


REGULATION 25/16

Income and Employment Support Regulations (Amendment)

under the

Income and Employment Support Act

(O.C. 2016-070)


Under the authority of section 52 of the Income and Employment

Support Act, the Lieutenant-Governor in Council makes the following

regulations.


Julia Mullaley

Clerk of the Executive Council

REGULATIONS

Analysis

1. S.19 Amdt.

Other income support

2. Commencement

1. Paragraphs 19(1)(a) and (b) of the Income and Employment

Support Regulations are repealed and the following substituted:

(a) a fuel supplement for an applicant or recipient maintaining a

residence in Labrador, up to a maximum of $132, where the

cost of heat is not included in the amount of rent;

NLR 144/04

as amended


Income and Employment Support Regulations

(Amendment)

25/16

(b) a fuel supplement for an applicant or recipient maintaining a

residence on the island portion of the province, up to a max-

imum of $71, where the cost of heat is not included in the

amount of rent;

2. These regulations come into force on June 1, 2016.

©Queen's Printer

Commencement



REGULATION 26/16

Public Trustee Compensation Regulations (Amendment)

under the

Public Trustee Act, 2009

(O.C. 2016-074)


Under the authority of section 23 of the Public Trustee Act, 2009,

the Lieutenant-Governor in Council makes the following regulations.


Julia Mullaley


REGULATIONS

Analysis

1. Sch. Amdt. 2. Commencement

1. The Schedule to the Public Trustee Compensation Regula-

tions is repealed and the following substituted:

NLR 86/13


Public Trustee Compensation Regulations

(Amendment)

26/16

Schedule

Column A Column B Column C Column D

Duty or Service Payable by When Payable Fee

Life Insurance Act

receipt of money

paid into court on

behalf of a minor

under section 52

estate on receipt of

funds by the

public trustee

$250

Plus

estate semi-annually

and on payout

8% of interest or

income received

Trustee Act

receipt of money

paid into court under

section 48


funds by the

public trustee

$250

Plus


and on payout

8% of interest or

income earned

Public Trustee Act, 2009

i) continuing trusts trust semi-annually

and on payout

0.4% of

average market

value of assets

under admin-

istration

ii) administration or

probate of the es-

tate of a deceased

person


funds by the

public trustee

8% of capital

assets received

Plus


funds by the

public trustee

8% commission

on sale proceeds

of real property

Plus


funds by the

public trustee

10% commission

on sale proceeds

of chattels

Plus


and on payout

8% of interest or

income received

person re-

questing

deed

prior to release

of deed

$250 minimum

fee where it is

requested and

proper to execute

a deed with no

other duties


Public Trustee Compensation Regulations

(Amendment)

26/16

Column A Column B Column C Column D

Duty or Service Payable by When Payable Fee

iii) guardianship of

the estate of a mi-

nor, mentally in-

competent person

or missing person


funds by the

public trustee

5% of capital

assets received

Plus


funds by the

public trustee

5% commission

on sale proceeds

of real property

Plus


funds by the

public trustee

10% commission

on sale proceeds

of chattels

Plus


and on payout

5% of interest or

income received

iv) acting under

power of attorney


funds by the

public trustee

8% of capital

assets received

Plus


funds by the

public trustee

8% commission

on sale proceeds

of real property

Plus


funds by the

public trustee

10% commission

on sale proceeds

of chattels

Plus


and on payout

8% of interest or

income received

2. These regulations come into force on June 1, 2016.

©Queen's Printer

Commencement



REGULATION 27/16

Student Financial Assistance Regulations (Amendment)

under the

Student Financial Assistance Act

(O.C. 2016-0173)


Under the authority of section 16 of the Student Financial Assis-

tance Act, the Lieutenant-Governor in Council makes the following

regulations.


Julia Mullaley


REGULATIONS

Analysis

1. S.4 R&S

Amount of financial assistance

1. Section 4 of the Student Financial Assistance Regulations is

repealed and the following substituted:

4. (1) Financial assistance shall not be issued in an amount that is

less than $67.

NLR 105/03

as amended

Amount of financial

assistance


Student Financial Assistance Regulations

(Amendment)

27/16

(2) For the year commencing August 1, 2015 and ending July

31, 2016, financial assistance issued to a qualifying student shall be

issued in the manner and amounts as follows:

(a) an amount of not more than $140 per week of a period of

study in a non repayable grant; or

(b) where the qualifying student is enrolled in medical school at

Memorial University of Newfoundland, an amount of not

more than $200 per week of a period of study in a non re-

payable grant.

(3) Notwithstanding subsection (2), where a qualifying student

is enrolled in a program of study outside the province, financial assis-

tance issued to the qualifying student for the period referred to in sub-

section (2) shall be issued first in an amount of not more than $60 per

week of a period of study in student loan and second in an amount of

not more than $80 per week of a period of study in a non repayable

grant unless the minister determines that

(a) the qualifying student’s program of study is not offered in

the province;

(b) the qualifying student is enrolled in graduate studies;

(c) the qualifying student’s program of study differs substantial-

ly from any program of study offered in the province;

(d) the qualifying student does not meet the minimum entry

requirement for his or her program of study in the province

but meets the requirements for substantially the same pro-

gram outside the province;

(e) the qualifying student applied to do his or her program of

study in the province but was denied entry due to limited

spaces in that program;

(f) the qualifying student received transfer credits toward ad-

vanced standing into his or her program of study, resulting in

a reduced length of time for that program;



(Amendment)

27/16

(g) the qualifying student’s partner has undertaken studies out-

side the province and he or she meets a requirement under

one or more of paragraphs (a) to (f); or

(h) there is another reason that the minister considers to be ap-

propriate.

(4) Commencing August 1, 2016, financial assistance issued to

a qualifying student shall be issued in the manner and amounts as fol-

lows:

(a) first, an amount of not more than $40 per week of a period

of study in student loan; and

(b) second,

(i) an amount of not more than $100 per week of a period

of study in a non repayable grant, or

(ii) where the qualifying student is enrolled in medical

school at Memorial University of Newfoundland, an

amount of not more than $125 per week of a period of

study in a non repayable grant; and

(c) third, where the qualifying student is enrolled in medical

school at Memorial University of Newfoundland, a further

amount of not more than $35 per week of a period of study

in student loan.

(5) Notwithstanding subsection (4), where a qualifying student

is enrolled in a program of study outside the province, financial assis-

tance issued to the qualifying student shall be issued in an amount of

not more than $140 per week of a period of study in student loan unless

the minister determines that

(a) the qualifying student’s program of study is not offered in

the province;

(b) the qualifying student is enrolled in graduate studies;

(c) the qualifying student’s program of study differs substantial-

ly from any program of study offered in the province;



(Amendment)

27/16

(d) the qualifying student does not meet the minimum entry

requirement for his or her program of study in the province

but meets the requirements for substantially the same pro-

gram outside the province;

(e) the qualifying student applied to do his or her program of

study in the province but was denied entry due to limited

spaces in that program;

(f) the qualifying student received transfer credits toward ad-

vanced standing into his or her program of study, resulting in

a reduced length of time for that program;

(g) the qualifying student’s partner has undertaken studies out-

side the province and he or she meets a requirement under

one or more of paragraphs (a) to (f); or

(h) there is another reason that the minister considers to be ap-

propriate.

©Queen's Printer



197

Index PART I

Quieting of Titles Act – Notice ..................................................................................................................................................... 176 Trustee Act – Notices ................................................................................................................................................................... 178 Urban and Rural Planning Act, 2000 – Notices ............................................................................................................................ 175

PART II

CONTINUING INDEX OF SUBORDINATE LEGISLATION

Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No.

Local Service District Regulations & Municipalities Act, 1999 Meeting of the Householders of the NLR 23/16 New June 3/16 p. 181 Local Service District of Lance Cove Order

Health and Community Services Act Public Pools Regulations NLR 24/16 Amends June 3/16 p. 183 (Amendment) CNLR 1023/96 S.16 Amdt Extraordinary Gazette June 1/16 Income and Employment Support Act Income and Employment NLR 25/16 Amends June 3/16 p. 187 Support Regulations NLR 144/04 (Amendment) S.19 Amdt Extraordinary Gazette June 1/16 Public Trustee Act, 2009 Public Trustee NLR 26/16 Amends June 3/16 p. 189 Compensation Regulations NLR 86/13 (Amendment) Sch. Amdt. Extraordinary Gazette June 1/16 Student Financial Assistance Act Student Financial NLR 27/16 Amends June 3/16 p. 193 Assistance Regulations NLR 105/03 (Amendment) S.4 R & S Extraordinary Gazette June 1/16


198

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