38

 

 

Third Session, 46th General Assembly

59 Elizabeth II, 2010

BILL 38

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 FELIX COLLINS

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 paragraph 2(n) of the Access to Information and Protection of Privacy Act to reflect the current title of the officer of the House previously known as the Commissioner for Members' Interests.

Clause 3 of the Bill would amend section 15 of the Attorney General Statutes Amendment Act, 2009 to remove 2 provisions purporting to repeal spent legislation. They were included in error.

Clause 4 of the Bill would amend section 21 of the Condominium Act, 2009 to correct an error in the numbering of subsections. At present there are 2 subsections with the number "2".

Clause 5(1) of the Bill would amend subparagraph 45(1)(d)(ii) of the Consumer Protection and Business Practices Act to correct a drafting error. It would add the word "other" to the phrase "in any case".

Clause 5(2) of the Bill would amend paragraph 45(1)(l) of the Consumer Protection and Business Practices Act to remove a phrase that was erroneously included at the initial drafting phase and does not appear in the legislation of other jurisdictions that used the drafting template.

Clause 6 of the Bill would amend section 81 of the Corporations Act to replace a cross-reference that was affected by the passage of the Securities Transfer Act. The reference to subsection 245(3) should now be to subsection 245(8).

Clause 7 of the Bill would amend subsection 4(1) of the Energy Corporation Act to adjust references to provisions of section 245 of the Corporations Act which were affected by the passage of the Securities Transfer Act.

Clause 8(1) of the Bill would amend subsection 49(4) of the Highway Traffic Act to reflect the fact that the notice of licence suspension referred to there involves several sections of the Act and several periods of suspension rather than one.

Clause 8(2) of the Bill would amend subsection 60.1(9) of the Highway Traffic Act to remove a reference to subsection 60.1(3.1) which appears there erroneously. It is appropriately found in subsection 60.1(9.1).

Clause 9 of the Bill would amend subparagraph 2(r)(ii) of the House of Assembly Accountability, Integrity and Administration Act to reflect the current title of the officer of the House previously known as the Commissioner for Members' Interests.

Clause 10 of the Bill would amend paragraph 66.1(1)(c) of the Income Tax Act, 2000 to remove possible divergence of meaning from the equivalent provision in the federal Act.

Clause 11 of the Bill would amend paragraphs 15(2)(a) and (c) of the Lands Act to correct erroneous references to other Acts.

Clause 12 of the Bill would amend section 104 of the Liquor Control Act to correct an error in cross-referencing.

Clause 13 of the Bill would amend paragraph 2(1)(d) of the Lobbyist Registration Act to reflect the current title of the officer of the House previously known as the Commissioner for Members' Interests.

Clause 14 of the Bill would amend subsection 99(5) of the Municipal Elections Act to correct an error in cross-referencing.

Clause 15 of the Bill would amend paragraphs 90(1)(b) and (c) of the Personal Health Information Act to correct 2 errors in cross-referencing.

Clause 16 of the Bill would amend paragraphs 4(2)(f) and 4(4)(a) of the Private Training Institutions Regulations to correct errors in cross-referencing.

Clause 17 of the Bill would amend subsection 18(2) of the Protected Road Zoning Regulations to correct a reference to a provision of the Urban and Rural Planning Act, 2000.

Clause 18 of the Bill would amend subparagraph 4(1)(a)(v) of the Public Service Commission Act to reflect the current title of the officer of the House previously known as the Commissioner for Members' Interests.

Clause 19(1)(a) and (b) of the Bill would repeal 2 Acts, An Act to Amend the Gasoline Tax Act (No. 3) and An Act to Amend the Tobacco Tax Act (No. 4), both passed in 1992. Their repeal was overlooked in the revision of provincial taxation law effected by the Revenue Administration Act.

The remainder of the clause 19 of the Bill would repeal a number of obsolete or spent Acts and regulations.

A BILL

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

Analysis


        1.   Short title

        2.   Access to Information and Protection of Privacy Act

        3.   Attorney General Statutes Amendment Act, 2009

        4.   Condominium Act, 2009

        5.   Consumer Protection and Business Practices Act

        6.   Corporations Act

        7.   Energy Corporation Act

        8.   Highway Traffic Act

        9.   House of Assembly Accountability, Integrity and Administration Act

      10.   Income Tax Act, 2000

      11.   Lands Act

      12.   Liquor Control Act

      13.   Lobbyist Registration Act

      14.   Municipal Elections Act

      15.   Personal Health Information Act

      16.   Private Training Institutions Regulations

      17.   Protected Road Zoning Regulations

      18.   Public Service Commission Act

      19.   Repeal


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, 2010.

SNL2002 cA-1.1
as amended

        2. Paragraph 2(n) of the Access to Information and Protection of Privacy Act is repealed and the following substituted:

             (n)  "officer of the House of Assembly" means the Speaker of the House of Assembly, the Clerk of the House of Assembly, the Chief Electoral Officer, the Auditor General of Newfoundland and Labrador, the Commissioner for Legislative Standards, the Citizens' Representative, the Child and Youth Advocate and the Information and Privacy Commissioner, and a position designated to be an officer of the House of Assembly by the Act creating the position;

SNL2009 c30

        3. (1) Paragraph 15(1)(d) of the Attorney General Statutes Amendment Act, 2009 is repealed.

             (2)  Paragraph 15(2)(k) of the Act is repealed.

             (3)  This section is considered to have come into force on December 22, 2009.

SNL2009 cC-29.1

        4. Section 21 of the Condominium Act, 2009 is amended by renumbering the subsection immediately preceding subsection (3) as subsection (2.1).

SNL2009 cC-31.1
as amended

        5. (1) Subparagraph 45(1)(d)(ii) of the Consumer Protection and Business Practices Act is repealed and the following substituted:

                     (ii)  in any other case, the estimated residual value plus an amount that the lessee will be required to pay in the ordinary course of events at the end of the term;

             (2)  Paragraph 45(1)(l) of the Act is repealed and the following substituted:

              (l)  "cash value", in relation to leased goods, means

                      (i)  where the lessor sells like goods to cash customers in the ordinary course of carrying on business,

                            (A)  a value that fairly represents the price for which the lessor sells those goods to cash customers, or

                            (B)  where the lessor and the lessee agree on a lower cash value, that lower cash value, or

                     (ii)  where the lessor does not sell like goods to cash customers in the ordinary course of carrying on business,

                            (A)  the lessor's reasonable estimate of the price at which cash customers would buy those goods, or

                            (B)  if the lessor and the lessee agree on a lower cash value, that lower cash value;

RSNL1990 cC-36
as amended

        6. Section 81 of the Corporations Act is repealed and the following substituted:

Shareholder immunity

      81. The shareholders of a corporation are not, as shareholders, liable for a liability, act or default of the corporation except under subsection 67(4), subsection 245(8) or subsection 355(5).

SNL2007 cE-11.01
as amended

        7. Subsection 4(1) of the Energy Corporation Act is repealed and the following substituted:

Application of the Corporations Act

        4. (1) The Corporations Act, except for section 27, paragraphs 31(a) to (e), sections 32, 76, 81, 167, 169, 172, 173, 177 and 178, subsections 184(3) and (4), section 188, subsections 189(1) and (2), paragraphs 189(3)(a), (d), (h) and (j), sections 200, 201, 203 to 209, subsections 245(1), (2) and (8), sections 273 and 275, subsections 276(1), (3), (4) and (5) and section 277, does not apply to the corporation.

RSNL1990 cH-3
as amended

        8. (1) Subsection 49(4) of the Highway Traffic Act is repealed and the following substituted:

             (4)  Subject to subsections (2) and (3), a driver or person having the care or control of a vehicle who surrendered his or her driver's licence and was given notice of a suspension under section 60.1, 60.4 or 60.5 shall, upon being asked for his or her driver's licence after the suspension period has expired, produce notice of that suspension which shall serve as proof that the person does hold a driver's licence which was suspended and has been reinstated as of the date and time given on the notice.

             (2)  Subsection 60.1(9) of the Act is amended by the deleting the references "subsection (1), (2), (3) or (3.1)" and substituting the references " subsection (1), (2) or (3)".

SNL2007 cH-10.1
as amended

        9. Subparagraph 2(r)(ii) of the House of Assembly Accountability, Integrity and Administration Act is repealed and the following substituted:

                     (ii)  Commissioner for Legislative Standards,

SNL2000 cI-1.1
as amended

      10. (1) Paragraph 66.1(1)(c) of the Income Tax Act, 2000 is repealed and the following substituted:

             (c)  "capital", in the case of a financial institution other than an authorized foreign bank, means its capital for a taxation year that is the amount, if any, by which the total at the end of the year of

                      (i)  the amount of its long-term debt,

                     (ii)  the amount of its capital stock or, in the case of an institution incorporated without share capital, the amount of its members' contributions,

                    (iii)  retained earnings, contributed surplus and other surpluses, and

                    (iv)  the amount of its reserves for the year except to the extent that the reserves were deducted in computing its income under Part I of the federal Act for the year,

exceeds the total at the end of the year of the amount of its deferred tax debit balance and the amount of a deficit deducted in computing its shareholders' equity;

             (2)  This section is considered to have come into force on October 31, 2008.

SNL1991 c36
as amended

      11. (1) Paragraph 15(2)(a) of the Lands Act is repealed and the following substituted:

             (a)  "minerals" means minerals as defined in the Mineral Act;

             (2)  Paragraph 15(2)(c) of the Act is repealed and the following substituted:

             (c)  "quarry materials" means quarry materials as defined in the Quarry Materials Act, 1998.

RSNL1990 cL-18
as amended

      12. Section 104 of the Liquor Control Act is amended by striking out the reference "section 7" and substituting the reference "section 6".

SNL2004 cL-24.1
as amended

      13. Paragraph 2(1)(d) of the Lobbyist Registration Act is repealed and the following substituted:

             (d)  "officer of the House of Assembly" means the Speaker of the House of Assembly, the Clerk of the House of Assembly, the Chief Electoral Officer, the Auditor General of Newfoundland and Labrador, the Commissioner for Legislative Standards and a position designated to be an officer of the House of Assembly by the Act creating the position;

SNL2001 cM-20.2
as amended

      14. Subsection 99(5) of the Municipal Elections Act is repealed and the following substituted:

             (5)  An elected candidate who does not file the statement, oath or affirmation required under subsection 67(3) or who fraudulently files an incorrect statement under that subsection is guilty of an offence.

SNL2008 cP-7.01
as amended

      15. Paragraphs 90(1)(b) and (c) of the Personal Health Information Act are repealed and the following substituted:

             (b)  designating a person as a custodian for the purpose of paragraph 4(1)(p);

             (c)  designating a person as excluded from the meaning of "custodian" for the purpose of paragraph 4(2)(k);

CNLR 1114/96
as amended

      16. (1) Paragraph 4(2)(f) of the Private Training Institutions Regulations, published under the Private Training Institutions Act, is repealed and the following substituted:

              (f)  the security required under section 10.

             (2)  Paragraph 4(4)(a) of the Act is repealed and the following substituted:

             (a)  the security or evidence of the continuation of that security as required under section 10; and

CNLR 996/96
as amended

      17. Subsection 18(2) of the Protected Road Zoning Regulations, published under the Urban and Rural Planning Act, 2000, is repealed and the following substituted:

             (2)  Where the developer does not comply with the direction given in subsection (1), the authority shall take action as prescribed in section 102 or 104 of the Act.

RSNL1990 cP-43
as amended

      18. Subparagraph 4(1)(a)(v) of the Public Service Commission Act is repealed and the following substituted:

                     (v)  the Commissioner for Legislative Standards,

Repeal

      19. (1) The following Acts are repealed:

             (a)  An Act to Amend the Gasoline Tax Act (No. 3), SNL1992 c54;

             (b)  An Act to Amend the Tobacco Tax Act (No. 4), SNL1992 c55; and

             (c)  Newspapers and Books Act Repeal Act, SNL2009 c33.

             (2)  The following proclamations bringing Acts into force are repealed:

             (a)  Newfoundland and Labrador Regulation 103/09;

             (b)  Newfoundland and Labrador Regulation 106/09;

             (c)  Newfoundland and Labrador Regulation 111/09;

             (d)  Newfoundland and Labrador Regulation 115/09;

             (e)  Newfoundland and Labrador Regulation 28/10;

              (f)  Newfoundland and Labrador Regulation 31/10;

             (g)  Newfoundland and Labrador Regulation 42/10; and

             (h)  Newfoundland and Labrador Regulation 46/10.

             (3)  The Proclamation re Writ of Election for the District of Topsail, Newfoundland and Labrador Regulation 9/10, published under the Elections Act, 1991, is repealed.

             (4)  The Vacated Community of Grand Bruit Order, Newfoundland and Labrador Regulation 52/10, published under the Evacuated Communities Act, is repealed.

             (5)  The following items published under the Municipal Elections Act are repealed:

             (a)  General Election Deferral Order for the Town of Port au Choix, Newfoundland and Labrador Regulation 74/09;

             (b)  General Election Deferral Order for the Town of Lourdes, Newfoundland and Labrador Regulation 75/09;

             (c)  By-Election Order for the Town of Norris Point, Newfoundland and Labrador Regulation 105/09;

             (d)  Special Election Order, Town of Port au Choix, Newfoundland and Labrador Regulation 72/10; and

             (e)  Special Election Order, Town of Lourdes, Newfoundland and Labrador Regulation 73/10.

             (6)  The following items published under the Municipalities Act, 1999 are repealed:

             (a)  Feasibility Report Order, Newfoundland and Labrador Regulation 109/09;

             (b)  Feasibility Report Respecting the Annexation of the Town of Little Catalina to the Town of Trinity Bay North, Newfoundland and Labrador Regulation 110/09; and

             (c)  Disestablishment of the Local Service District of Grand Bruit Order, Newfoundland and Labrador Regulation 51/10.

             (7)  The Repeal of Notice of Protected Water Supply Area of Burlington West, Newfoundland and Labrador Regulation 15/10, published under the Water Resources Act is repealed.