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Third
Session, 45th General Assembly 55
Elizabeth II, 2006 |
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AN ACT TO REMOVE
ANOMALIES |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
Minister of Justice and Attorney General |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES General: The purpose of this Bill is to bring before
the House of Assembly matters in the statute law that require legislative
correction as a result of amendments or enactments made in previous sessions.
The amendments contained in this Bill have been brought to the attention of the
Minister of Justice and are technical amendments not involving matters of
policy. Each amendment is explained by
reference to the clause of the Bill by which it is proposed. Clause 1 of the Bill is the short
title. Clause 2 of the Bill would amend the Adoption Act (a) to correct a citation error in cross-referencing
in subsection 5(10); and (b) to remove redundant words from subsection
20(3). Clause 3 of the Bill would amend the Attorney General Statutes Amendment Act,
2004 to repeal provisions amending, in the first instance, the Mining and Mineral Rights Tax Act, 2002
and, secondly the Occupational Health and
Safety Act. The amendments were
duplicates of amendments passed by other Acts. Clause 4 of the Bill would amend the City of Corner Brook Act to correct an
incorrect reference to another Act. The
error arose when the Law Society Act
was replaced by the Law Society Act, 1999. Clause 5 of the Bill would amend the City of Mount Pearl Act to correct an
incorrect reference to another Act. The
error arose when the Law Society Act
was replaced by the Law Society Act, 1999. Clause 6 of the Bill would amend the Court Security Act to clarify that the
requirements of subsections 6(2) and 8(3) apply individually and not
cumulatively. Clause 7 of the Bill would amend the Family Violence Protection Act to
confirm the jurisdiction of the Clause 8 of the Bill would amend
subsection 9(2) of the Fish Inspection
Act to remove a reference to justice of the peace. This reference was overlooked in the Justices of the Peace Amendment Act passed
in 2004. Clause 9 of the Bill would amend the Labour Relations Act to repeal section
148 which requires the board to prepare an annual report. This section has been made redundant by the
enactment of the Transparency and
Accountability Act. Clause 10 of the Bill would amend the
Lobbyist Registration Act (a) to clarify that it is by way of regulations
that the Lieutenant-Governor in Council may exclude persons from the application
of the Act. The Act is currently silent
on how the exclusion is effected; (b) to align reporting requirements for a
consultant lobbyist with those for an in-house lobbyist. The Act currently requires an in-house
lobbyist to report whether he or she expects to lobby in the 6 month period
immediately following his or her report.
The amendment would impose the same time period on a consultant lobbyist; (c) to change the reference in subsection 15(2)
from an in-house lobbyist, which is incorrect, to the correct reference, namely
a senior official of an organization that engages in lobbying; and (d) to remove an erroneous reference in paragraph
28(3)(b) to the registrar of lobbyist and replace it with a reference to the
commissioner. Clause 11 of the Bill would amend the
Members of the House of Assembly Retiring
Allowances Act to provide that the surviving children of a surviving
principal beneficiary are eligible to receive a survivor's benefit in the event
of the death of the principal beneficiary.
The provision appears in all pension legislation and was inadvertently
omitted from this Act. Clause 12 of the Bill would amend the
Mineral Regulations (a) to amend the definition of department to
reflect current practice; and (b) to amend subsection 13(1) to reflect the
requirement, elsewhere in the regulations, that map staked licence applications
be made electronically instead of in person or by mail. Clause 13 of the Bill would amend the Municipalities Act, 1999 to correct an incorrect reference to another Act. The error arose when the Law Society Act was replaced by the Law Society Act, 1999. Clause 14 of the Bill would amend the
Private Training Institutions Act to
clarify the authority of the Lieutenant-Governor in Council to delegate powers
and duties to the minister under regulations that the Act authorizes the
Lieutenant-Governor in Council to make. Clause 15 of the Bill would amend the
Provincial Parks Regulations to
replace a reference to "manmade object" with "constructed or
fabricated object" in keeping with the long-established government policy
of gender neutrality in its statute law. Clause 16 of the Bill would amend the
Public Service Commission Act to
correct an error created recently when the Act was amended to provide that
employees of the House of Assembly establishment and the statutory offices of
the House of Assembly would be eligible to participate in internal competitions
within the public service. In addition
to a change in the definition of "public service" an amendment to
subsection 3(1) was required. This is
that amendment. Clause 17 of the Bill would amend the
Securities Act to correct an error of
reference. A reference to an
"insurer" should be one to an "issuer". Clause 18 of the Bill would amend the
Student Financial Assistance Act (a) to remove a redundant provision; (b) to clarify the authority of the
Lieutenant-Governor in Council to delegate powers and duties to the minister
under regulations that the Act authorizes the Lieutenant-Governor in Council to
make; and (c) to clarify that student loans issued on or
before April 1, 2004 but acquired after that date by the Student Loan
Corporation may be dealt with by the corporation as if they had been assumed on
or before that date. Clause 19 of the Bill would add a
provision to the Support Orders
Enforcement Act, 2006 to repeal the predecessor to that Act. It was inadvertently omitted. Clause 20 of the Bill would amend the
Waste Management Regulations, 2003 to
correct an incorrect cross-reference. Clause 21 of the Bill is a general
amendment reflecting the practice since 1995 of defining the term
"minister" generically rather than by reference to a specific
ministerial title. |
A AN ACT TO REMOVE ANOMALIES AND ERRORS IN
THE STATUTE LAW Analysis 1.
Short title 2.
Adoption Act 3.
Attorney General Statutes Amendment Act,
2004 4.
City of 5.
City of 6. Court Security Act 7. Family Violence Protection Act 8.
Fish Inspection Act 9.
Labour Relations Act 10.
Lobbyist Registration Act 11.
Members of the House of Assembly
Retiring Allowances Act 12.
Mineral Regulation 13. Municipalities Act, 1999 14. Private Training Institutions Act 15.
Provincial Parks Regulations 16. Public Service Commission Act 17.
Securities Act 18.
Student Financial Assistance Act 19.
Support Orders Enforcement Act, 2006 20.
Waste Management Regulations, 2003 21.
General Amdt. 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, 2006. SNL1999 cA-2.1 2. (1) Subsection 5(10) of the Adoption Act is repealed and the
following substituted: (10) Where an adoption agency does not comply with
this Act, a director may, notwithstanding a penalty that may be imposed under
section 72, revoke a licence issued to that agency under this Act. (2) Subsection 20(3) of the Act is repealed and
the following substituted: (3) A person shall (a) be a resident of the province for at least 6
months; and (b) have had a child placed and residing in his or
her home for at least 6 months immediately before making an application
under this Act to adopt that child. SNL2004 c47 3. (1) Section 24 of the Attorney General Statutes Amendment Act, 2004 is repealed. (2) Subsections 27(1) and (2) of the Act are
repealed. (3) Subsections (1) and (2) are considered to have
come into force on RSNL1990 cC-15 4. Subsection 441(1) of the City of Corner Brook Act is repealed and the following substituted: Prosecutions 441. (1) Prosecutions
for offences under this Act may be carried out by the council or its agents or
a constable, notwithstanding section 76 of the Law Society Act, 1999. RSNL1900 c16 5. Subsection 441(1) of the City of Mount Pearl Act is repealed and the following substituted: Prosecutions 441. (1)
Prosecutions for offences under this Act may be carried out by the council or
its agents or a constable, notwithstanding section 76 of the Law Society Act, 1999. SNL2004 cC-37.01 6. (1) Subsection 6(2) of the Court Security Act is repealed and the
following substituted: (2) A security officer may evict a person from a
court area if that person (a) refuses to be screened for weapons; or (b) is in possession of a weapon and is not
authorized by the regulations or a security officer to possess a weapon in a
court area. (2) Subsection 8(3) of the Act is repealed and the
following substituted: (3) A person causes a disturbance within the
meaning of subsection (2) where he or she (a) fights, screams, shouts, swears, sings or uses
insulting or obscene language; (b) is impaired by alcohol or drugs; (c) impedes or molests another person; or (d) acts in a manner that a judge considers to be disruptive. SNL2005 cF-3.1 7. The Family Violence Protection Act is amended by adding immediately after section 2 the following: Authority of judge 2.1 Notwithstanding
sections 5 and 6 of the Unified Family
Court Act, an application under this Act shall be made to and heard and
determined by a judge in accordance with this Act and the regulations. RSNL1990 cF-12 8. Subsection 9(2) of the Fish Inspection Act is repealed and the following substituted: (2) A provincial court judge, who is satisfied by
an information upon oath or affirmation that there are reasonable grounds for
believing that there is on the premises anything that there are reasonable
grounds to believe will give evidence with respect to an offence under this Act
or the regulations, may issue a warrant authorizing an inspector named in the
warrant to enter and seize all fish or marine plants and containers or cartons
of them that are considered necessary, subject to the conditions that may be
specified in the warrant. RSNL1990 cL-1 9. (1) Section 148 of the Labour Relations Act is repealed. (2) Subsection (1) comes into force on the day the
Transparency and Accountability Act
comes into force. SNL2004 cL-24.1 10. (1) Paragraph 4(1)(q) of the Lobbyist Registration Act is repealed
and the following substituted: (q) those other persons or classes of persons that
may be prescribed by the Lieutenant-Governor in Council by regulation. (2) Paragraphs 5(4)(m) and (n) of the Act are
repealed and the following substituted: (m) whether the consultant lobbyist (i) has lobbied a member of the House of Assembly
in the member's capacity as a member or a person on the staff of a member of
the House of Assembly during the period for which the return is filed, and (ii) expects to lobby a member of the House of
Assembly in the member's capacity as a member or a person on the staff of a
member of the House of Assembly during the next following 6 month period; (n) the techniques of communication, including
grass-roots communication, that the consultant lobbyist (i) has used to lobby during the period for which
the return is filed, and (ii) expects to use to lobby during the next
following 6 month period; (3) Subsection 15(2) of the Act is repealed and
the following substituted: (2) The registrar shall notify a consultant lobbyist
or senior officer of an organization that has failed to meet the obligations referred
to under subsection (1) of the particulars of that failure, and if those obligations
have not been met within 5 days of that notification, the registrar may then
remove the return from the registry. (4) Paragraph 28(3)(b) of the Act is repealed and
the following substituted: (b) where the commissioner has notified the
consultant lobbyist or in-house lobbyist of his or her proposed action under
paragraph (a) and provided that lobbyist with the opportunity to respond under
that paragraph, he or she shall, where the decision is taken to proceed under
subsection (1), notify the registrar in writing of the commissioner's final decision. SNL2005 cM-6.1 11. (1) Subsection 13(4) of the Members of the House of Assembly Retiring
Allowances Act is repealed and the following substituted: (4) Where a pensioner or a vested member referred
to in subsection (1) dies (a) leaving no surviving principal beneficiary; or (b) leaving a surviving principal beneficiary who
dies after that pensioner or vested member, the survivor benefit shall be paid to or
for the benefit of his or her surviving children while they are under the age
of 18 years or under the age of 25 years while they are in full-time attendance
at a recognized school or post-secondary institution. (2) Subsection 22(5) of the Act is repealed and
the following substituted: (5) Where a pensioner or a vested member referred
to in subsection (1) dies (a) leaving no surviving principal beneficiary; or (b) leaving a surviving principal beneficiary who
dies after that pensioner or vested member, 1/3 of the survivor benefit shall be paid
to or for the benefit of each of his or her surviving children or, where the
total amount payable under this section would exceed the maximum benefit
payable under this Act, the survivor benefit shall be
divided equally among all of the eligible children. (3) Subsections (1) and (2) are considered to have
come into force on CNLR 1143/96 12. (1) Paragraph 2(e) of the Mineral Regulations is repealed and the
following substituted: (e) "department" means the department
presided over by the minister; (2) Subsection 13(1) of the regulations is
repealed and the following substituted: Deposit not
required 13. (1) A
genuine prospector may make application electronically, in the manner provided
by the recorder, for map staked licences without submitting the deposit
referred to in subparagraph 8(b)(ii), but (a) no more than 5 licences shall be granted to
the genuine prospector in a calendar year; (b) licences granted to the genuine prospector in
the calendar year shall include a maximum of 30 claims; and (c) the deposit referred to shall become payable
in full where a transfer, except to the heir of the genuine prospector, is registered
with respect to one or more of the licences. SNL1999 cM-24 13. Subsection 421(1) of the Municipalities Act, 1999 is repealed and the following substituted: Prosecutions 421. (1) Prosecutions
for offences under this Act may be carried out by a council or a local service
district committee or its agent or a peace officer, notwithstanding section 76
of the Law Society Act, 1999. RSNL1990 cP-25 14. Section 19 of the Private Training Institutions Act is amended by adding immediately after subsection (2) the following: (3) Regulations made under this section may confer
powers or impose duties on the minister with respect to matters dealt with in
those regulations. NLR 91/97 15. Paragraph 2(i) of the Provincial Parks Regulations is repealed and the following
substituted: (i) "structure" means a constructed or fabricated object
intended to be permanent or semi permanent in nature and includes a (i) house, (ii) cottage, (iii) cabin, (iv) wharf, (v) dock, (vi) boathouse, (vii) slipway, (viii) trailer, (ix) mobile home, (x) tent, (xi) tent platform, and (xii) recreational vehicle used for any purpose, including a motor
vehicle; and RSNL1990 cP-43 16. Subsection 3(1) of the Public Service Commission Act is repealed and the following
substituted: Application of
Act 3. (1) This
Act applies to (a) those portions of the public service of the
province specified in Schedule A to this Act; (b) a body or agency considered to be a portion of
the public service of the province for the purposes of this Act and added to
that Schedule under this section; and (c) the House of Assembly establishment and the
statutory offices of the House of Assembly. RSNL1990 cS-13 17. Subsections 73(20) and (21) of the Securities Act are amended by striking
out the word "insurer" wherever it occurs and substituting the word
"issuer". SNL2002 cS-29.01 18. (1) Subsection 15(2) of the Student Financial Assistance Act is
repealed. (2) Section 16 of the Act is amended by adding
immediately after subsection (2) the following: (3) Regulations made under this section may confer
powers or impose duties on the minister with respect to matters dealt with in
those regulations. (3) Section 17.1 of the Act is amended by
renumbering it as subsection 17.1(1) and by adding immediately after that
subsection the following: (2) Subsection (1) applies to a loan entered into
on or before SNL2006 cS-31.1 19. (1) The Support Orders Enforcement Act, 2006 is amended by adding
immediately after section 86 the following: RSNL1990 cS-31.1 86.1 The Support
Orders Enforcement Act is repealed. (2) Subsection (1) comes into force on the day the
Support Orders Enforcement Act, 2006
comes into force. NLR 59/03 20. Subsection 23(5) of the Waste Management Regulations, 2003 is repealed and the following
substituted: (5) Notwithstanding paragraph 21(1)(i), this
section shall apply to a tire or used tire from a vehicle referred to in
subparagraphs (iii) and (iv) of that paragraph. General Amdt. 21. Where, in an Act, a provision defines the word
"minister" by reference to a department of the government, it is
repealed and the following substituted: "minister" means the minister appointed under the Executive Council Act to administer this Act; ŠEarl G. Tucker, Queen's Printer |