53

 


First Session, 46th General Assembly

57 Elizabeth II, 2008

BILL 53

AN ACT TO REMOVE ANOMALIES AND ERRORS
IN THE STATUTE LAW

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE THOMAS W. MARSHALL, Q.C.

Minister of Justice and Attorney General

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 Attorney General Statutes Amendment Act, 2006 to repeal a provision that would have amended the Fish Inspection Act.  The provision duplicated an identical amendment contained in an Act to amend the latter Act that was passed in the same session of the legislature.

Clause 3 of the Bill would repeal the Automobile Dealers Regulations, Consolidated Newfoundland and Labrador Regulation 984/96.  These regulations became obsolete when the Automobile Dealers Act was repealed in 2006.

Clause 4 of the Bill would repeal the Election Rules, Consolidated Newfoundland and Labrador Regulation 1111/96.  These regulations are obsolete.

Clause 5 of the Bill would amend paragraph 3(d) of the Expropriation Act to remove a reference to the Department of Fisheries Act.  That Act was repealed in 1995 with the passage of the Executive Council Act.

Clause 5 of the Bill would also amend the Expropriation Act to remove a reference to the Department of Works, Services and Transportation Act which was replaced by the Works, Services and Transportation Act.

Clause 6 of the Bill would amend the House of Assembly Act to clarify that the person being referred to in subparagraph 30(1)(b)(i) is a person who within the previous year was a minister.

Clause 7 of the Bill would amend the Income Tax Act, 2000 to correct an error in cross-referencing.

Clause 8 of the Bill would amend the Jurisdictions Designated for the Purpose of Registration of Limited Partnerships Order, Consolidated Newfoundland and Labrador Regulations 782/96, to include 3 jurisdictions whose registration in the province contained a technical defect.

Clause 9 of the Bill would amend the Limitations Act to correct a typographical error.  The reference to "negligent representation" is corrected to "negligent misrepresentation".

Clause 10 of the Bill would amend the Lobbyist Registration Act to provide that a consultant lobbyist within the meaning of the Act who is engaged in lobbying the City of St. John's or the city council on January 1, 2009, the day on which the Act becomes applicable to the city, must file a return with the registrar of lobbyists within 10 days.  A similar requirement was placed on consultant lobbyists when the Act first came into force.  The requirement was inadvertently not included in the amendments to the Act made to extend its application to the city.

Clause 11 of the Bill would amend the Massage Therapy Act, 2005 to correct erroneous references to the board when the college is meant and to correct a number of errors in cross-referencing.

Clause 12 of the Bill would amend the Mental Health Care and Treatment Act to correct an erroneous cross reference.

Clause 13 of the Bill would amend the Occupancy and Maintenance Regulations, Consolidated Newfoundland and Labrador Regulation 1021/96, to correct a citation error which arose when the Urban and Rural Planning Act was replaced by the Urban and Rural Planning Act, 2000.

Clause 14 of the Bill would amend the Personal Health Information Act to renumber an amendment to the Child and Youth Advocate Act effected by that Act.  The Child and Youth Advocate Act already contained a section 15.1.

Clause 15 of the Bill would amend the Public Inquiries Act, 2006 to clarify that an amount estimated to be required to defray the expenses of an inquiry is subject to an appropriation being granted for it.

Clause 16 of the Bill would amend the Services Charges Act relating to the payment of an amount for a grant of letters of probate or administration or the resealing of a foreign grant under Rule 55 of the Rules of the Supreme Court, 1986.  From December 15, 1998 the amount was payable under the Services Charges Act rather than the rule.  The rule has now been repealed.

Clause 17 of the Bill would repeal 3 obsolete Orders made originally under a provision of the Trustee Act that is now repealed and continued under the Trustee Act and the Subordinate Legislation Revision and Consolidation Act.

Clause 18 of the Bill would repeal the Veterinary Licensing Board Regulations, Consolidated Newfoundland and Labrador Regulation 1137/96.  These regulations became obsolete with the passage of the Veterinary Medical Act, 2004.

Clause 19 of the Bill would amend the Vital Statistics Act to delete a provision requiring fees to be set by regulation.  The fees are currently charged under the authority of section 21 of the Executive Council Act.

Clause 19 of the Bill would also amend the Vital Statistics Act to clarify that a certificate is valid notwithstanding the person signing as the Registrar General no longer holds that office on the day the certificate is issued.

Clause 20 of the Bill would amend the Water Resources Act to correct a typographical error.

A BILL

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

Analysis


        1.   Short title

        2.   Attorney General Statutes Amendment Act, 2006

        3.   Automobile Dealers Regulations

        4.   Election Rules

        5.   Expropriation Act

        6.   House of Assembly Act

        7.   Income Tax Act, 2000

        8.   Jurisdictions Designated for the Purpose of Registration of Limited Partnerships Order

        9.   Limitations Act

      10.   Lobbyist Registration Act

      11.   Massage Therapy Act, 2005

      12.   Mental Health Care and Treatment Act

      13.   Occupancy and Maintenance Regulations

      14.   Personal Health Information Act

      15.   Public Inquires Act, 2006

      16.   Services Charges Act

      17.   Approved Public Utilities Order; Bonds, Debentures, Debenture Stock and Other Securities of Loan Companies Order; and Investment Certificates of Trust Companies Order

      18.   Veterinary Licensing Board Regulations

      19.   Vital Statistics Act

      20.   Water Resources Act


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, 2008.

SNL2006 c40

        2. (1) Section 8 of the Attorney General Statutes Amendment Act, 2006 is repealed.

             (2)  This section is considered to have come into force on December 12, 2006.

CNLR 984/96 as amended

        3. The Automobile Dealers Regulations, Consolidated Newfoundland and Labrador Regulation 984/96, are repealed.

CNLR 1111/96 as amended

        4. The Election Rules, Consolidated Newfoundland and Labrador Regulation 1111/96, are repealed.

RSNL1990 cE-19 as amended

        5. (1) Paragraph 3(d) of the Expropriation Act is repealed and the following substituted:

             (d)  the purpose of assisting or encouraging the establishment or development of a fishing enterprise by a person or for a purpose incidental or related to the establishment or development of that fishing enterprise;

             (2)  Section 56 of the Act is repealed and the following substituted:

Disposal of land

      56. The minister may, subject to the approval of the Lieutenant-Governor in Council and to section 3 of the Works, Services and Transportation Act, sell, lease or otherwise dispose of land or an interest in land vested in him or her for and on behalf of the Crown under this Act, upon those terms and conditions and for the consideration that the minister considers appropriate.

RSNL1990 cH-10 as amended

        6. Subparagraph 30(1)(b)(i) of the House of Assembly Act is repealed and the following substituted:

                      (i)  in which the person who within the previous year was a minister holds 10% or more of the shares, or

SNL2000 cI-1.1 as amended

        7. Subsection 10(1) of the Income Tax Act, 2000 is amended by striking out the reference to "subsection 118.13" and substituting a reference to "subsection 118.1(3)".

CNLR 782/96

        8. (1) The Jurisdictions Designated for the Purpose of Registration of Limited Partnerships Order, Consolidated Newfoundland and Labrador Regulation 782/96, is amended by adding to it the following jurisdictions:

             (a)  the State of Delaware;

             (b)  the British Colony of Cayman Islands, British West Indies; and

             (c)  Bermuda.

             (2)  The jurisdictions referred to in subsection (1) are considered to have been validly registered, notwithstanding a defect in the requirements for registration under the Act,

             (a)  in the case of the jurisdictions referred to in paragraphs (1)(a) and (b), on the day the Order in Council was issued; and

             (b)  in the case of the jurisdiction referred to in paragraph (c), on the day the first limited liability partnership was purported to be registered in this province.

SNL1995 cL-16.1 as amended

        9. Paragraph 5(b) of the Limitations Act is repealed and the following substituted:

             (b)  for damages in respect of injury to person or property including economic loss arising from negligent misrepresentation and professional negligence whether based on contract, tort or statutory duty;

SNL2004 cL-24.1 as amended

      10. Section 5 of the Lobbyist Registration Act is amended by adding immediately after subsection (3) the following:

          (3.1)  Where, on January 1, 2009, a consultant lobbyist is performing an undertaking, that involves the city or council he or she shall file a return with the registrar not later than 10 days after that date.

SNL2005 cM-1.2

      11. (1) Paragraph 5(6)(b) of the Massage Therapy Act, 2005 is repealed and the following substituted:

             (b)  an auditor shall be appointed to audit the accounts of the college and report on the financial statements prepared by the college.

             (2)  Subsection 5(8) of the Act is repealed and the following substituted:

             (8)  Notwithstanding subsection (7), where the registrar is also a director, the board may decide, by a majority vote, to remunerate the registrar.

             (3)  Subsection 10(5) of the Act is repealed and the following substituted:

             (5)  The licence of a person who does not comply with subsection (4) shall be considered to be revoked.

             (4)  Subsection 10(7) of the Act is amended by striking out the word "board" and substituting the word "college".

             (5)  Subsection 11(1) of the Act is repealed and the following substituted:

Registrar

      11. (1) The board may elect a director as registrar or may appoint a person from outside the board or the college to be the registrar.

             (6)  Subsection 26(1) of the Act is repealed and the following substituted:

Costs of college

      26. (1) Where a person who was ordered to pay the costs of the college under paragraph 20(2)(f) or 21(3)(f) fails to pay in the time required, the college may suspend the licence of that person until those costs are paid.

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

Protection from liability

      32. An action for damages does not lie against the registrar, a member, officer or employee of the college, a person designated by the board, a member of a panel, tribunal or committee authorized under this Act, another agent of the board or the college as a corporation for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations as the registrar, a member, officer, employee, designate, agent or tribunal, panel or committee member authorized under this Act or for a decision or order made or enforced in good faith under this Act.

SNL2006 cM-9.1 as amended

      12. Paragraph 81(4) of the Mental Health Care and Treatment Act is repealed and the following substituted:

             (4)  Where a person has been transferred to the province under subsection (3), he or she may be detained and treated without his or her consent in a psychiatric unit for a period not to exceed 72 hours and shall be the subject of 2 psychiatric assessments in order to determine whether he or she should be admitted as an involuntary patient under section 24.

CNLR 1021/96 as amended

      13. Section 44 of the Occupancy and Maintenance Regulations, Consolidated Newfoundland and Labrador Regulation 1021/96, is repealed and the following substituted:

Penalty

      44. A person who contravenes a provision of this regulation shall, upon conviction, be liable to the penalties imposed by section 106 of the Urban and Rural Planning Act, 2006.

SNL2008 cP-7.01

      14. Section 94 of the Personal Health Information Act is amended by renumbering the amendment to the Child and Youth Advocate Act effected by that section as section 15.3.

SNL2006 cP-38.1

      15. Subsection 22(2) of the Public Inquiries Act, 2006 is repealed and the following substituted:

             (2)  Where an amount is appropriated to defray the costs of an inquiry, the expenditures incurred by the commission in the conduct of the inquiry shall be paid out of the Consolidated Revenue Fund without further approval, except that the commission shall comply with the provisions of the Financial Administration Act relating to expenditures by departments and agencies of the government of the province and policies established by the Lieutenant-Governor in Council in respect of the inquiry under section 29.

SNL1998 cS-13.2 as amended

      16. Subsection 4 of the Services Charges Act is amended by adding immediately after subsection (6) the following:

             (7)  An amount purporting to be paid under Rule 55 of the Rules of the Supreme Court, 1986 upon a grant of letters of probate or administration or the resealing of a foreign grant after December 15, 1998 is considered to have been validly paid under this section notwithstanding it may have exceeded the amount payable under subsection (2) or (3).

CNLR 793/96, CNLR 794/96 and CNLR 971/96 Rep.

      17. The following Orders, made under the Trustee Act and the Subordinate Legislation Revision and Consolidation Act, are repealed:

             (a)  Approved Public Utilities Order, Consolidated Newfoundland and Labrador Regulation 971/96;

             (b)  Bonds, Debentures, Debenture Stock and Other Securities of Loan Companies Order, Consolidated Newfoundland and Labrador Regulation 793/96; and

             (c)  Investment Certificates of Trust Companies Order, Consolidated Newfoundland and Labrador Regulation 794/96.

CNLR 1137/96 Rep.

      18. The Veterinary Licensing Board Regulations, Consolidated Newfoundland and Labrador Regulation 1137/96, is repealed.

RSNL1990 cV-6 as amended

      19. (1) Paragraph 26(2)(b) of the Vital Statistics Act is repealed.

             (2)  Section 27 of the Act is amended by renumbering it as subsection 27(1) and by adding immediately after that subsection the following:

             (2)  A certificate issued under this Act under the signature of the Registrar General is valid notwithstanding the person whose signature appears on the certificate is no longer the Registrar General on the date the certificate is issued.

SNL2002 cW-4.01 as amended

      20. Paragraph 28(2)(e) of the Water Resources Act is repealed and the following substituted:

             (e)  where he or she believes it to be advisable, refuse to grant the transfer of the licence.