Social laws of Canada and Ontario : summarized for the use of children's aid societies and social workers

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Kelso, John Josep

Social laws of Canada
and Ontario

SUMMARY

SOCIAL LAWS

ANADA AND ONTARIO

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^^.,^f'!pj|'^!i:'^'?!)!"

lociAL Laws

OF

Canada and
Ontario

Summarized for the use of

CHILDREN'S AID SOCIETIES
and SOCIAL WORKERS.

llP KELSO. Superintendent of Neglected

arid Dependent Children of Ontario,

Parliament Buildings, Toronto

Preface.

LAWS can never be observed or enr
forced unless they are known and
understood by the people, especially
by social workers who are daily con-
fronted with the most difficult problems
In human relationships. This collection
is intended to serve as a primary or ready
reference. To give extensive or verba-
tim extracts would mean a large volume
instead of a pocket edition. If more pre-
cise information is desired the Dominion
Criminal Code and the Revised Statutes
of Ontario can be consulted in any public
library or lawyer's office.

In this connection it Is well to remem-
ber that EDUCATION is far more effective
than LAW in the prevention of crime or
the cure of social ills. Law merely
punishes or restrains. Education takes
away the desipe to offend, and in its
moral aspect inspires men to be honorable
and JQst in their dealings with each
other. — J. /. Kei90.

'»'oromo, Feb. 25, 1M4.

FROM THE

Dominion Criminal Code.

The following extracts are taken from
the Dominion Criminal CJode:

Child Undeb Seven.

Sec. 17 states that no child under seven
shall be convicted of an offence.

Child Undeb Fourteen.

Sec. 18 states that no child under four-
teen shall be convicted unless he was
competent to know the consequences of
his conduct and to appreciate that it was
wrong.

Idiotic or Insane.

Sec. 19 states that no imbecile or in-
sane person shall be convicted of an of-
fence, the consequences of which they
were incapable of understanding.

Ignorance no Excuse.

Sec. 22 states that ignorance of the law
is not sufficient excuse for an offence
committed.

6

CiTISKlf OAIf

Sec. 36 states that any person can
without warrant make an arrest when
an offence is being committed at night.

Can Detain Offendebs.

Sec. 46 states that any person who wit-
nesses a breach of the peace is Justified
in interfering to prevent its continuance
and may detain the offender in order lo
give him into the custody of a peace o&
cer.

CoRBBcnoN or Child.

Sec. 63 authorizes any parent or school-
master to use force by way of correction
toward any child, pupil or apprentice, pro-
vided that such force is reasonable under
the circumstances.

Counselling an Offence.

Sec. 70 states that anyone Is guilty as
a participant who counsels an offence or
procures another to commit the offence.

Assisting an Offbndbb.

SJec. 71 states that It is an offence to
assist an offender to escape. A wife can-
not assist a husband nor can a husband
assist a wife.

Knives and Pistols.

Sec. 118 of the Criminal Code as
amended in 1913 makes it a criminal of-
6

fence to carry about a pistol, air gun,
dagger, bowie knife, metal knuckles or
other offensive weapons.

It is also an offence to sell, give, or
lend these weapons, or to point a gun at
another person.

A dealer can only sell to those having
a permit and must keep a complete re^
cord of the transaction.

Selling Pistols to Minobs.

Sec. 119 was amended 1913, making it
an offence to give or sell, a pistol, air gun
or ammunition to a youth under 16.

Drugs fob Pbivate Diseases.

An amendment makes it an offence to
advertise, offer to sell or keep for sale
any medicine, drug, or article intended
to prevent conception or cause a miscar-
riage.

To publish advertisements of drugs or
articles for restoring virility or curing
diseases of the generative organs is il-
legal.

Pbize Fights.

Sections 104 to 108 prohibit prize-
fighting, promoting or advertising prize
fights or acting in any advisory or offi-
cial capacity. For an ordinary fight or
quarrel where there is no money ex-
changed the penalty is reduced.

Indecsnot.

Sec. 205 makes it an offence to commit
any indecent act in the presence of one
or more persons, or to perform an in-
decent act intending thereby to insult or
offend any person.

TUBATBICAL PERFORMANCES.

Sec. 208 prohibits immoral theatrical
performances. Any person who takes part
in an immoral performance or appears in
an indecent costume is guilty of an of-
fence.

Pbaudulent Schemes.

Sec. 209 makes it an offence to use the
mails for any letter or circular concern-
ing schemes devised or intended to de-
ceive and defraud the public.

Procuring for Immoral Purposes.

Sec. 216 is amended creating a penalty
of five years for anyone who ptt)cure8 or
attempts to procure a girl or woman for
immoral purposes, or who glv3b any girl
or woman drugs or intoxicating liquor
for the purpose of stuplfying or overpow-
ering her.

Owners of Immoral Resorts.

Sec. 228 as amended 1913 makes liable
to fine and Imprisonment anyone who as
landlori or tenant permits his premises
to be used as a disorderly house.
8

Frequenters of Disorderly Houses.

Sec. 229 as amended makes anyone
found in a disorderly house liable to con-
viction.

Betting Devices.

Sec. 235 as amended makes it an offence
to buy, sell, use or exhibit any device or
apparatus for gambling or betting.

Wife Desertion.

Sec. 242 as amended makes it a crim-
inal offence for a husband and father to
desert or fail to support his family.

Defrauding Hotels.

Sec. 407 as amended makes it an of-
fence for any person to fraudulently ob-
tain board and lodging at any hotel,
boarding-house or restaurant.

Nuisances.

Sections 221 and 222 state that it is
an offence to do, or omit to do, any legal
duty endangering the lives, health, pro-
perty or comfort of the public, or by
which the public are obstructed in the ex-
ercise or enjoyment of any right common
to all.

Selling Unfit Pood.

Sec. 224 makes it an offence to expose
for sale any food known to be unfit for
human food.

Vagrancy.

Sec. 238 defines vagrancy In broad
terms. It Includes any loose, Idle or dis-
orderly person who has no visible means
of subsistence.

Who being able to work and thereby
maintain himself and family wilfully re-
fuses and neglects to do so.

Who exhibits any Indecent exhibition
In a public place.

Who begs for alms without a certificate
signed by a clergyman or two justices
authorizing him to do so.

Who loiters In a public place, uses, In-
sulting language or causes a disturbance
by screaming, swearing or being drunk.

Who tears down or defaces signs, breaks
windows, doors, walls or destroys fences.

Who is a common prostitute and can-
not give a satisfactory account of herself,
or who Is a keeper or Inmate of a dis-
orderly house.

Under recent amendment «uiy such per-
son can on conviction be given an Inde-
terminate sentence of two years less
one day.

Old age or infirmity shall not be suffl
dent to Justify conviction.

Abandoning an Infant.
Sec. 245 makes It an offence punish-
able by three years Imprisonment to aban-
don or expose any child under the age
of two years, whereby its health Is In-
jured or Its life endangered.
10

i

KiLUNG Infant.

Sec. 251 defines the killing of an infant
as homicide when it dies in consequence
of injuries received before, during or
after birth.

Attempted Suicide.

Sec. 270 states that anyone who at-
tempts to commit suicide is guilty of an
indictable offence and liable to two years
imprisonment.

Concealing Death of Infant.

Sec. 272 makes it an offence to dispose
of the dead body of a child with intent
to conceal the fact of its birth.

Assaulting Girl ob Woman.

Sec. 292. Everyone is guilty of an in-
dictable offence and liable to two years
imprisonment and to be whipped who in-
decently assaults any female. The crime
of rape is punishable by death or impris-
onment for life.

Children Cannot Consent.

Sec. 294. It is no defence to a charge
for an indecent assault on a young person
under the age of fourteen to prove that
he or she consented to the act.

Violating Young Girl.

Sec. 301. Anyone is liable to imprison-
ment for life and to be whipped who car-
nally knows any girl under the age of
11

fourteen years. For attempting the pen
alty is two years and whipping.

Supplying Drugs.

Any person who supplies drugs or in
struraents for unlawful purposes is liable
to serious penalty. Any person who at-
tempts to procure a miscarriage is liable
to life imprisonment. Sec. 303-6.

BiGA&IT.

Under sec. 308 any person who commits
bigamy is liable to seven years imprison-
ment. A pretended marriage is subject
to the same penalty.

Abduction.

Under sec. 315 any perbon who takcft
away a girl under sixteen whether she
consents or not, from her parents or any-
one having the lawful care or charge of
her is liable to five years imprisonment.

Husband and Wife.

Under sec. 854 husband and wife can-
not be accused of theft toward each other,
but if living apart they become liable. No
one can lawfully enter Into agreement
with a husband or wife who live together
to defraud or dispossess the other.

Stkaung Dog or Other Animat

Under sec. 370 to steal a dog, bird
pas
alty.

Under sec. 370 to steal a dog, bird,
beast or other animal is subject to pen-

alfv

IS

Shrubs or Vegetables.

Anyone who steals a tree, shrub, plant
or vegetable growing in any park, plea-
sure ground, garden, avenue or vicinity
of a residence is liable to penalty.

Cheating at Play.

Under sec. 442 any person is liable to
three years imprisonment who, with in-
tent to defraud, cheats in playing at any
game, or in betting.

Telling Fortunes.

Under sec. 443 a year's imprisonment
may be meted out to any person who pre-
tends to tell fortunes or who exercises any
kind of witchcraft, enchantment or con-
juration.

Robbery.

Robbery is theft accompanied with vio-
lence or threats of violence and is more
heavily punishable than theft.

Threatening,

Under sec. 453 anyone who accuses an-
other of crimes or threatens to so accuse
with intent to extort or gain anything
may be sent to prison for fourteen years.

Forgery.

Forgery is defined as the making of a
false document, knowing it to be false,
with the intention that it shall be used
13

or acted upon as genuine to the preju-
dice of someone else.

Forgery Is punishable by heavy penalty,
even up to imprisonment for life. Sees.
466 to 478.

Setting Fi&e to Buildings.

Imprisonment for life may be visited
upon anyone who wilfully sets fire to any
building or structure whether completed
or not. Threatening to set fire is also a
serious offence. Sees. 511 to 516.

Cbdiclty to Animals.

Two years imprisonment may be given
to anyone who wilfully attempts to kill,
maim, wound, poison, or injure any cattle*
or the young thereof.

It is also an offence to wilfully Injure
any dog, bird, beast or other animal or
threaten to injure cattle.

Beating ob Oveb-dbtvino.

A fine of fifty dollars, or three months
imprisonment may be Imposed on anyone
who

Cruelly beats, binds, ill-treats, abuses,
over-drives or tortures any cattle, poultry,
dog, bird or other animal.

Encourages or assists at dog or cock
fights.

Railways.

Railways that undertake to convey
cattle must not confine them in the cart
14

for a longer period than twenty-eight
hours without unloading them for rest,
water and feeding. While the cattle are
resting for five hours, the cars must be
thoroughly cleaned. Sees. 536 to 545.

The time may be extended to 36 hours
if specially designed cars are used.
(Amendment).

Youthful Offenders.

Sec. 644. The trials of young persons,
apparently under the age of 16 years,
shall take place without publicity and
separately and apart from the trials of
other accused persons and at suitable
times to be designated and appointed for
that purpose.

Youths Under Arrest.

Under sec. 28 of the Prisons and Refor-
matories Act of Canada, young persons
apparently under sixteen shall, when ar-
rested be kept apart from older persons,
and shall not be confined in the lock-ups
or police-stations.

Juvenile Court Act.

By special regulation the Dominion Act
relating to the trial of juvenile offenders
may be put into operation. So far the
only places in Ontario where the act has
been proclaimed are Toronto and Ottawa.
Many of its provisions are, however, con-
tained in the Ontario Act, dealing with
children.

15

Tobacco to Mi nobs.

Chapter 73 of the Dominion Criminal
Code regulates the sale of tobacco.

Anyone is liable to punishment who
gives, sells or furnishes to a youth of six-
teen any cigarettes, cigarette paper or to-
bacco. (Under Ontario Act the age is
eighteen).

A constable or other authorized person
shall confiscate any cigarettes or tobacco
he sees in the possession of a youth under
sixteen.

Any youth who uses or has in his pos-
session cigarettes or tobacco may be sum-
moned and reprimanded and fined for a
second offence.

The youth can also be required to tell
who gave or sold the tobacco to him.

Automatic machines for the sale of
cigarettes or cigars are not permitted.

le

Ontario.

CHILDREN'S PROTECTION ACT.
(R.S.O. Chap. 231.)

Under this Act city and county Chil-
dren's Aid Societies are organized and
authorized by Government Order in Coun-
cil to act officially for the protection of
neglected and dependent children.

There is a general director for this
work known as the Superintendent of
Neglected and Dependent Children.

A Children's Aid Society can deal with
any child under sixteen who is in need
of protection. It receives the right of
guardianship through the regularly con-
stituted courts.

Neglected children may be apprehended
by the society without warrant and taken
for temporary care to a children's shel-
ter until brought before the judge.

Under section 11 any child placed in a
Children's Home and not maintained by
parent or guardian may be committed to
the guardiansljip of the society.
17

Maintenance.

Under section 12 the city, county or
separated town Is made liable for the
maintenance of a child at the rate of
two dollars per week or more.

Pabbnt Liable.

Under sec. 13 a judge may order the
parent of a child who has been com-
mitted to contribute towards Its main-
tenance and In default of payment may
order imprisonment of the parent.

FosTBB Homes.

Under section 14 children committed
to the society are expected to he placed
in foster homes as speedily as possible.

In Special Cases. -

If it 1b found that a child placed in a
foster home is defective mentally or re-
quires special training the superinten-
dent may order such child to be trans-
ferred to a suitable institution.

Iix-Treattwo Childben.

Under sec. 15 any person who Ill-treats,
neglects, abandons, or fails to support a
child for whom he is responsible may be
tenteneed to a term in prison not ex-
ceeding one year.

It

* Street Trades.

Sec. 16. No girl under sixteen years
of age and no boy under ten years of
age shall engage In or be licensed, or
be permitted to engage In any street
trade or occupation.

On Streets at Night.

Sec. 17 provides that no child under
sixteen shall be permitted to loiter in
any public place after nine o'clock In the
evening.

Allowing Children to Beg.

Under sec. 18 any person who causes
or procures a child to be In any public
place for the purpose of begging whether
under the pretence of performing or
offering anything for sale or otherwise Is
liable to imprisonment.

Entertainments.

Children are not allowed to sing, play,
or perform for profit between nine o'clock
in the evening of one day and seven
o'clock of the following morning.

License to Pereorm.

Anyone desiring to have children take
part in a paid performance must secure
a license from the head of the municipal-
ity.

U

Licenses are not to be granted for chil-
dren under ten to appear as paid per-
formers.

Intebfebino With Wards.

Under sec. 20 any person who inter-
feres with a ward of a Children's Aid
Society by encouraging him to leave his
foster home or situation is liable to a
penalty. Legal age Is twenty-one.

Juvenile Offenders.

The lieutenantrgovernor may appoint
commissioners with the powers of magis-
trates to hear and determine complaints
and to enforce any of the provisions of
the Children's Act, or against juvenile
offenders apparently under sixteen years
of age.

Children are to be dealt with and their
cases disposed of In premises apart from
and In a manner entirely distinct from
ordinary police court procedure.

When a complaint is made or a charge
is pending against a child, notice is to
be given at once to the executive officer
of the Children's Aid Society so that he
can make a proper investigation of the
circumstances.

Right of Appeai..

Under sec. 27 when a child has been
made a ward of the Children's AM Society

to Pi

and an objection is raised by a parent
the appeal must be decided by a judge
of the High Court Division, and if in his
opinion the child has been neglected or
deserted he may decline to make order.

Visiting Children.

Children placed in foster homes are vis-
ited and their condition and progress re-
ported upon by agents appointed by the
superintendent.

Juvenile Immigration,

Societies engaged in the work of bring-
ing children into Ontario for the purpose
of placing them in foster homes must ob-
tain permission to do so from the gov-
ernment.

They are given powers of guardianship
over such children and are responsible
for their proper care until they are
eighteen years of age.

Special restrictions are imposed against
bringing defective children into the pro-
vince.

For further information address Super-
intendent Neglected and Dependent Chil-
dren of Ontario, Parliament Buildings.
Toronto.

21

PROTECTION OF INFANTS.

Au Act to regulate maternity boarding-
houses and for the protection of infant
children, chapter 230, Revised Statutes.

Under this Act the Medical Officer of
Health of the Municipality is made in-
spector with power and authority to regu-
late and license such establishments as
maternity and infant boarding-houses.

No person shall receive for hire or re-
ward one or more infants under the age
of three years for the purpose of nurs-
ing or maintaining such infants for a
longer period than 24 hours unless they
have received a license to do so from the
Medical Officer of Health.

A register must be kept giving tne
names and other particulars and show-
ing what disposal has been made of in-
fants.

Adoptions.

The adoption of infants from these
institutions must be made with the con-
sent of the Children's Aid Society or the
Superintendent of Neglected Children in
order that children may not be bartered
away for a money consideration.

AN ACT RESPECTING INFANTS

R.S.O., Chapter 153.

2.— (1) The Supreme Court or the Sur-
rogate Court, upon the application of the
mother of an infant, who may apply
without a next friend, may make such
order as the court sees fit regarding the
custody of the infant and the right of
access thereto of either parent, having
regard to the welfare of the infant, and
to the conduct of the parent, and to the
wishes as well of the mother as of the
father, and may alter, vary or discharge
the order on the application of either
parent, or, after the death of either par-
ent, of any guardian appointed under this
Act, and in every case may make such
order respecting the costs of the mother
and the liability of the father for the
same, or otherwise as the court may deem
just.

3.— (1) The father of a child under the
age of twenty-one years, whether bom at
the time of the decease of the father or
at the time en ventre sa mere, by deed or
by his last will and testament in such
manner and from time t-o time as he
shall think fit, may dispose of the custody
28

and education of the ctUld, while he re
mainfi under the age of twenty-one years
or for any lesser tiuie, to any pereon in
pofiseesion or remainder.

(3) The person to whom the cu»tod}
of the child is so committed may main
tain an action against an} person who
wrongfully takes away or detains him
for the recovery of the child and for
damages lor such taking away or deteu
tion for the use and benefit of the child
1 Geo. v., chap., 35, s. 3.

(4) In questionfi relating to the cus
tody and education of iniants the rules
of equity shall prevail.

QUABOIANS.

liC— (2) If an infant has no fathei
living or any guardian authorized by la^
to take the care of hia person and fhc
charge of hia estate, if any, upon the
written application of a friend of the
infant residing within tlie Jurisdiction oi
the Surrogate Court and after proof oJ
twenty days' public notice of the appli
cation in some newspaper published with
in the county or district, the court ma>
appoint some suitable and discreet persoL
or persons to be guardian or guardians
of the infant, whether the infant is or is
not entitled to any property.

28.— (1) On the death ot the father ol
an infant, the mother, if ■urviving, shall

14

De the guardian of the infant, either
alone, when no guardian has been ap-
pointed by the father, or jointly with any
guardians appointed by the father.

(2) When no guardian has been ap-
pointed by the father, or if the guardian
appointed by the father is dead, or re-
fuses to act, the Supreme Court or Sur-
rogate Court may from time to time ap-
point a guardian or guardians to act
jointly with the mother.

INDUSTRIAL SCHOOLS.

Under the Industrial Schools Act, Re-
vised Statutes, chapter 271, any child be-
tween the ages of ten and sixteen guilty
of eerious offences, and beyond the con-
trol of a Children's Aid Society, can be
committed to an industrial school. The
cost of maintenance, fifty cents per day
for each pupil, is divided between the
municipality and Government.

The sentence Is indefinite — average stay
In the school about eighteen months.
The echool can recall any ward under
twenty-one years of age whoee conduct
is not satiflfactory.

The schools in Ontario are: —

Victoria School for boys, Mimico, Ont.—
Supt. Mr. C. Perrler.

Alexandra School for girls. East To-
ronto— Supt. Miss L. Brooking.

St John's School for Catholic boys,
East Toronto — Supt, Brother Abnls.

St Mary's School for Catholic girls.
Toronto^upt., The Mother Superior.

The superintendent of Neglected and
Dependent rhlldron is the Inspector of
Industrial Schools and is ready at any
time to give advice to parents or workers
desiring the admission or parole of child-
ren.

16

SCHOOL ATTENDANCE.

The Act regulating school attendance
will be found in the Revised Statutes of
Ontario, chapter 274. Its chief provisions
are: —

1. Every child between 8 and 14 years
of age shall attend school for the full

term during which the school is

open each year, unless excused for rea-
sons mentioned in the Act.

2. No child under the age of 14 years
who has not a valid exause under the
Act shall be employed by any person dur-
ing school hours, while the Public School

is in session, and any person who

employs a child in contravention of this
section shall incur a penalty not exceeding
twenty dollars for each offence.*

3. A parent or guardian or other per-
son having the charge or control of any
child between the ages of 8 and 14 years,
who neglects or refuses to cause such
child to attend school, unless the child is
excused from attending as provided by
this Act, shall incur a penalty of not less
than five dollars or more than twenty
dollars.

S7

MOTION PICTURE HOUSES.

There is an Ontario Act regulating
halls, theatres and cinematographs. So<
Revised Statutes, chapter 236.

Under it houses and operators have to
be licensed and films used must be cen
sored by the Board of Examiners.

Attendance of Ciiildken.

10. Children under the age of 15 years,
unaccompanied by adults, shall not be
permitted to attend any exhibition by
cinematograph, moving picture machine,
or other similar apparatus at which ex-
hibition an admission fee is charged.

Amended April, 1914.

Section 10 of The Theatres and Cine-
matographs Act is repealed and the fol-
lowing substituted therefor: —

10. Unless accompanied by its parent
or guardian or by an adult member of
the household to which he belongs no
child under the age of fifteen years shall
be permitted to attend any theatre or
i^ny exhibition by cinematograph, niovlnp
picture machine or other similar appara
tus at which theatre or exhibition an ad
mission fee is charged.

S8

BILLIARD AND POOL ROOMS.

An Act to prevent minors from fre-
quenting billiard rooms will be found In
the Revised Statutes, chapter 216. It
deals specially with the exclusion of boys.

2. The keeper of a licensed billiard, pool
or bagatelle room, kept directly or indi-
rectly for hire or gain, who admits a
minor under the age of 18 years thereto,
or allows him to remain therein, without
the consent of his parent or guardian,
shall incur a penalty not exceeding $10,
for the first, and not exceeding $20 for
each subsequent offence.

MINORS AND PAWNBROKERS
Under Revised Statutes, chapter 176.
No pawnbroker shall

Purchase, receive or take any goods in
pledge from any person who appears to
be under the age of fifteen years, or to be
under the influence of liquor.

Purchase or take in pawn, pledge or ex-
change the note or memorandum afore-
said of any other pawnbroker.

Employ any servant or other person un-
der sixteen years of age to take any
pledge.

29

FACTORIES AND SHOPS.
Ck)nditione of employment and regula-
tions concerning child labor are dealt
with in an Ontario Act known as " An
Act for the Protection of Persons Em
ployed in Factories, Shops and Office
Buildings." It will be found in the lie
vised Statutes, chapter 229.

Reoisteb of Emplotsss.

The employer in every factory and shop
is required to keep a register of all chil-
dren, youths, girls or women who are em-
ployed therein, and such registec shall be
opened to the inspector whenever called
for.

Plans of Factory Buildino.

Before erecting or altering any build
ing intended for a factory the owner must
have the plans approved of by the fac-
tory inspector.

Factobies to be Repobteo.

Every person who proposes to start a
factory must file with the factory inspec-
tor full particulars of his plans and inten-
tions.

Inspbotobs.

Inspectors for the enforcement of this
Act are appointed by the Government and

they are given all necessary authority to
enter and inspect, and investigate fac-
tory conditions.

Anyone who obstructs an inspector or
attempts to conceal a child or young per-
son who is employed on the premises is
liable to a penalty.

Children.

No child under fourteen shall be em-
ployed in a factory.

Peuit Season.

A child between the age of twelve and
fourteen years may be employed during
the months of June 15, July, August,
September 15, in gathering and preparing
fruits or vegetables for canning or desic-
cating purposes. For indoor occupation
a separate room has to be provided for
these children.

A child of any age may be employed to
gather fruits or vegetables provided such
employment is solely out of doors.

Children in Shops.

Children between twelve and fourteen
years of age may be employed in shops,
but if so employed during school hours a
permit must be secured from the school
'nspector.

•n

Dangebous Employment.

The Lieutenant-Governor in Council may
by proclamation prohibit the employment
of girls under eighteen or youths under
sixteen in factories, the work in which is
considered dangerous or unwholesome.

Seats to be Provided.

In any shop in which girls or women
are employed seats must be provided and
permission given the employees to sit
down when not busily engaged.

No rule or threat must be used to pro
vent a girl or woman from using such
chairs or seats.

Hours or Employment.

No child, young person or woman shall
be employed for more than ten hours in
one day unless where they work extra
time to make up for a Saturday half-holi-
day.

Factories are not to start earlier than
seven o'clock or work later than half-past
six o'clock except under a special permit
and an hour must be set apart at noon
for lunch.

Lunch Rooms.

The Inspector may order an employer
to provide a suitable room in which per
sons employed in the factory may eat
their lunch.

82

Sanitary Regulations.

Full provision is made for suitable lavar
tories, etc., for the separate use of the

sexes.

Heat and Ventilation.

Every factory must be kept in a clean
and wholesome condition, the premises
properly heated and ventilated so as to
avoid the accumulation of dust or poison-
ous gases.

Health of Employees.

No person who is suffering from tuber-
culosis, scrofula, communicable skin dis-
ease or venereal disease shall be employed
in a factory or shop in which food or
food material is manufactured, stored, or
kept for sale.

Sleeping in Factories.

No one is permitted to use a factory or
public laundry as a sleeping place nor
shall a stable be kept under the same roof
as a factory or bake»-shop, except it is par-
titioned off to the satisfaction of the in-
spector.

Clothing Manufacturers.

Where a manufacturer gives out gar-
ments to be made at home he must exer-
cise care that the garments are made in
a sanitary place. A register of persons
33

taking garments to be made up must be
kept for the inspector.

Safktt FUtST.

No child or girl under eighteen shall be
allowed to clean or work with dangerous
machinery and girls and women employed
in factories must wear their hair in such
a manner that it will not get caught in
the machinery or belting.

The above Act is administered by the
factories Branch of the Agricultural De-
jartment, Parliament Building, Toronto.
Address the Chief Factory Inspector.

S4

WORKING IN MINES
R.S.O., chapter 32.

157. No boy or girl under the age ot
fourteen shall be employed in or about
any mine, and no boy under the age of
seventeen years shall be employed below
ground in any mine.

Women Not Allowed.

No girls or women can be employed in
or about any mine, except at office work

An Eight Houb Day.

No workman shall be allowed to remain
underground longer than eight hours in
any one day.

Youths and Hoisting.

No person under eighteen years of age
shall be allowed charge of any hoisting
apparatus at a mine.

t

8S

i

REFUGES FOR FEMALES.

There is important legislation to be
found in "An Act respecting Industrial
Refuges for Females." This Act is In Re-
vised Statutes, chapter 289.

Committal to a Refuge.

Sec. 3 states: Any female between the
ages of fifteen and thirty-five years of
age, sentenced or liable to be sentenced
to imprisonment in a common gaol by a
Police Magistrate, may be committed to
an Industrial Refuge, and any such fe-
male undergoing Imprisonment in a com-
mon gaol including imprisonment for de-
fault of payment of a fine may be trans-
ferred by order of a Police Magistrate or
of the Inspector to an Industrial Refuge,
to be there detained for an indefinite per-
iod not exceeding five years.

Inmate or Industrial School.

An inmate of an industrial school for
girls may be transferred to and detained
in an Industrial Refuge.

Release ob Transfer.

Any inmate of an Industrial Refuge may
be released on parole by the Inspector and
any Inmate who proves unmanageable
may be transferred from the Refuge to the
Reformatory for Females.
S6

CHARITABLE INSTITUTIONS.

Under the Act relating to hospitals and
charitable institutions known as chapter
300, Revised Statutes of Ontario, the var-
ious regulations for the conduct of such
Institutions are given.

Government Grants.

The Government grant towards the
maintenance of destitute persons in hos-
pitals is twenty cents per day.

For inmates of refuges, 7 cents per
day.

For infants under 1 year, 2 cents per
day and for nursing mothers, seven cents
per day.

For orphans 2 cents per day.

All institutions receiving aid must sub-
mit their by-laws and other regulations to
the Provincial Inspector for his approval.

Private Hospitals.

All private maternity and other hospi-
tals must apply to the Provincial Secre-
tary's Department for a license and the
location and manner of conducting such
institutions must be approved of by the
Inspector.

The fee for private hospitals is five
dollars per year.

87

CARE OF THE INSANE*

Full particulars of the methods fol-
lowed in dealing with the insane can be
found in Chapter 295 of the Revised Sta-
tutes of Ontario, being "An Act Respect-
ing Provincial Hospitals for the Insane
and the custody of Insane Persons."

Hospitals Now.

It should first be noted that by a re-
cent amendment the term "asylum" gives
place to the newer and more appropriate
definition "hospital."

How Admittkd.

Admissions are made upon the certifi-
cates of two doctors each of whom must
at separate times examine the patient
and give a full description of the facts
upon which he bases his opinion. Each
certificate must be signed In the presence
of two witnesses.

The certificate together with a family
history and the financial standing of the
patient must be made out on printed
forms supplied by the Provincial Secre-
tary's Department.

Destitute Persot^s.

Where the patient is in destitute cir-
cumstances a medical fee of five dollars
is payable to each physician by the Muni-
cipality and arrangements for conveying
the patient to the institution have to be
made with the Provincial Secretary's De-
partment. 38

Voluntary Patients.

The superintendent of an institution
may receive a patient who voluntarily
makes an application for admission but
cannot detain such a person more than
five days after he has given notice of
his desire to leave.

Dangerous Insane Persons.

Should any person be insane and dan-
gerous to be at large he may be arrested
without warrant and confined in some
respectable place other than a lock-up or
prison until the question of his sanity is
determined.

The Justice dealing with the case shall
immediately transmit to the Provincial
Inspector the medical certificates and de-
positions, so that arrangements can be
made at once for admission to a suitablp
institution.

Property of Patient.

The Provincial Inspector becomes auto-
matically the guardian of the patient
property and may administer his estate
for the benefit of the patient or any per-
sons depending on him.

Maintenance of Patients.

The parents are responsible for the
maintenance of any patient under 21
years of age. A husband is liable for the
maintenance of his wife.
39

PRISONS.

(R.S.O. Chap. 287.)

While awaiting sentence or when com-
mitted for a period less than three months
a prisoner Is confined in the municipal
or county gaol.

When sentenced to a period of over
three months and under two years a pris-
oner is taken to the Ontario Reformatory
at Guelph, formerly known as the Cen-
tral Prison, Toronto.

Any person sentenced over two years Is
taken to the Dominion Penitentiary at
Kingston.

Women Prisoners.

Immoral women can now be committed
for a period of over three months and
under two years and confined in the %
Andrew Mercer Reformatory, Toronto.
Those sentenced for over two years are
taken to the Dominion Penitentiary at
Kingston.

Indeterminate Sentence.

A new provision in the Act respecting
the Reformatory of Ontario states that
every person sentenced directly to the
Reformatory shall be sentenced to im-
prisonment therein for a period of not
less than three months and for an indf>
terminate period thereafter of not more
than two years less one day.
40

Board of Parole.

Provision is made for an Ontario Board
of Parole to meet at regular intervals and
decide upon the prisoners worthy to be
recommended to the Minister of Justice
for remission of sentence.

Employment of Prisoners.

Prisoners may -be employed at any oc-
cupation for which they are suited and
may also be employed beyond the limits
of the reformatory.

Department of Justice.

The minister of justice at Ottawa is the
court of final appeal for all who have
been convicted of an indictable offence.

INDUSTRIAL FARMS.

The Act respecting Industrial Farms
will be found in the Revised Statutes of
Ontario, chap. 292.

A city or county council may estab-
lish and maintain an industrial farm fo:
the better employment of persons com
mitted to imprisonment.

41

SANATORIA
FOR CONSUMPTIVES.

Provision is made under Chapter 298
or tlie Revised Statutes for the establish-
ment by the municipality of an institu-
tion for consumptives. If certain condi-
tions are complied with the government
will give a grant of $4,000 toward the
building fund and will pay $3.00 per
week for any patient who is not able to
pay more than 70c per day.

An indigent patient from another muni-
cipality that does not maintain an insti-
tution of its own must be paid for at the
rate of 70c per day.

THE MUNICIPAL ACT.

The Municipal Act occupies nearly 300
pages in the Revised Statutes (chap. 192)
and is the authority on which all muni-
cipal government is based.

Copies of the Municipal Act can be
purchased from the King's Printer at
fifty cents each, and should be secured by
all who wish to familiarize themselves
with municipal powers and prerogatives.

42

ONTARIO
LIQUOR LICENSE ACT.

This Act will be found in the Ontario
Statutes, chapter 215 and any informa-
tion can be secured by addressing the
Chief Inspector, Parliament Buildings,
Toronto.

Intoxicants.

Any liquor which contains more than
two and one-half per cent, of proof spirits,
shall be conclusively deemed to be in-
toxicating.

COMMISSIONEBS.

Sec. 3 provides for the appointment by
the Government of three persons as li-
cense commissioners without salary, for
each city or county.

Their duties include: Limiting the num-
ber of tavern and shop licenses, respec-
tively, and for defining the times and
localities for issuing licenses.

The license year begins on the first
day of May.

License Inspectors.

Section 6 provides for the appointment
by the Government, of Inspectors for each
city, county or district to enforce the pro-
visions of the act.

43

MiNiSTEB Mat Prohibit Licensk.

Sec. 9 states that, notwithstanding any-
thing in the Act the Minister may at any
time prohibit the granting of a tavern
or shop license. He may also prohibit
the issue of a wholesale license or a
brewer's or distiller'.s warehouse license,
if he deems such refusal expedient in the
public interest.

LiguoR Prohibited on Boats.

Sec. 10 states: No license shall be issued
for the sale of liquor on any ferry boat
or any vessel navigating any of the ^reat
lakes or the Rivers St, Lawrence or Ot-
tawa or any of the inland waters of the
Province of Ontario; nor shall liquor be
sold or k^t for sale in any room or
place on any such vessel.

New Licenses.

Sec. 11. — Provision is made that all new
licenses or application for a transfer to
another neighborhood must be advertised
fourteen days before consideration.

Any ten electors in the polling subdi-
vision may object to the granting of a
license in the subdivision.

The ground of objection may be that
the quiet of the place in which such pre-
mises are situate will be disturbed if a
license 'is granted.

44

Babtendebs Must Have licenses.

Sec. 11 (c).— Requires that Bartenders
must be of respectable character and
must take out a license.

Licenses will not be issued to any wo-
man or to any man under twenty-one
years of age.

Accommodation for Travellers.

Sec. 27. — Every person holding a tavern
license must provide sleeping rooms and
meals for travellers; also proper stabling
for horses.

License Fees.

Sec. 40.— In cities over 200,000 popula-
tion, the fee for a tavern license is $1,600
and for a shop license $1,000.

In a city having a population of more
than 30,000 and not more than 100,000
the fee in either case is $700.

I^ smaller places the fee ranges from
$500.00 to $120.00.

In addition there is a fee of 5 per cent,
on the gross receipts, when the amount
taken in any bar-room exceeds the sum
of sixty dollars per day.

Liquor and Drug Stores.

Sec. 52.— Druggists are permitted to sell
liquor for strictly medicinal purposes on
45

a medical certificate, tbe quantity not to
exceed six ounces at any one time.

HouBS OF Sale.

Under sec. 54 and amendments the legal
hours for sale are from 8 a.m. to 11 p.m..
and on Saturday from 8 a.m. until 7 p.m.

No liquor can be sold on Christmas
day or any day on which a poll Is being
held throughout the municipality or In
the electoral district In which license 1?
situate.

Must Not Solicit Busiwms.

Under section 57 no person holding a
license Is permitted, either by himself or
agent, to solicit orders for liquor.

Shop LiIObasb.

Premises for which shop licenses are
granted must be entirely separate from
any grocery or other business, and liquor
purchased cannot be consumed on the
nremlses.

Cannot Accevt CwKqrrKH.

Under sec. 67 cheques or orders for
wages cannot be accepted or cashed In any
licensed house.

Disorderly Conduct.

Under sec. 76 It Is an offence to supply
Mquor to any drunken person or to per-
mit quarrelsome or disorderly conduct on
tb« oremlses.

46

Liquor to Minors.

Sec. 78 prohibits any person from giv-
ing or selling liquor to any one under
twenty-one years of age with the excep-
tion of liquor supplied by a parent or a
physician.

Licensed persons are prohibited from
permitting young persons to enter or
loiter about a bar-room.

Any young person to whom liquor is
sold or supplied may be compelled by the
magistrate to reveal the name of the
person guilty of selling or supplying such
liquor.

Drunkards.

Under sec. 124 magistrates may pro-
hibit the sale of liquor to a habitual
drunkard.

Any near relative can have any licensed
house prohibited from selling liquor to a
drunkard, by giving notice In writing on
a form prescribed In the Act.

Local Option.

Under sec. 141 the council of a town-
ship, city, town, or Incorporated village
may pass by-laws prohibiting the sale of
liquors, provided the by-law Is duly ap-
proved of by the electors as provided for
In the Act. Three-fifths of the electors
YQtIng being necessary to carry the by-
law.

47

MARRIAGE ACT.

The Act relating to the solemnization
of marriage will be found, in the Revised
Statutes, chapter 148.

Cannot Marry Under Fourteen.

16. No license shall be issued to any
person under the age of fourteen, and
no person shall perform the marriage
ceremony where either of the contracting
parties are under fourteen.

Under Eighteen.

15. If either party is under eighteen
the consent of the father, mother or guar-
dian must first be obtained.

Improper or Hastt Mareiaqbs.

By a recent amendment to the Mar-
riage Act any license issuer or clergy-
man who facilitates the marriage of an
idiot or insane person, or anyone under
the influence of liquor, is Ilahle to a heavy
penalty.

Fifteen days actual residence is ne-
cessary, or publication of the event three
weeks In advance. The registrar-general
may, however, issue a special permit.

HOUSES OF REFUGE.

Each County is Required to Have a
House of Refuge.

Any person authorized for that purpose
by by-law of the County Council may by
writing under his hand and seal commit
to the House of Industry or of Refuge
to be employed and governed according
to the Rules, Regulations and Orders of
the House: —

1. Poor and indigent persons who are
incapable of supporting themselves.

2. Persons without the means of main-
taining themselves and able of body to
work, and who refuse or neglect to do
so.

3. Feeble-minded persons, not fit sub-
jects for commitment to Hospitals for the
Insane. R.S.O. chapter 290.

Childben Not Admissibo:.

No child between the ages of two and
sixteen shall be received in a House of
Refuee.

49

COMBflTTEB OF MaNAOBIOBNT.

The council shall appoint two persons
who, with the warden shall form a board
of management.

Detention of Indigent Persons.

The head of the council shall have au*
thority to order an indigent person to be
received and detained in the refuge.

MAINTENANCE OF WIFE.

A married woman, desened by her hus-
band, may summon him before a police
magistrate, or two justices of '.he peace,
who, if satisfied that the husband being
able wholly or In part to maintain his
wife, or his wife and family, has wilfully
refused or neglected so to do, and has de-
serted his wife, may order that the hus-
band shall pay to his wife such weekly
sum, not exceeding $5, with or without
costs, as the magistrate or justices may
consider proper, having regard to his
means and to any means the wife may
have, for her support and the support
of the family. R.S.O. chapter 152.

60

OFFENSIVE WEAPONS.

The Ontario Act dealing with offensive
weapons is very strict in its provisions.
R.S.O. chapter 239.

Storekeepers or others are prohibited
from selling any revolver, pistol, air gun,
bowie knife or dagger, unless the pur-
chaser can present a certificate from the
Supt. of Provincial Police, or a chief
constable, that he is entitled to have such
a weapon in his possession.

Careful records must be kept of all
sales, so that they can be referred to at
any time.

HOUSING ACCOMMODATION.

Under chapter 220 of the Revised
Statutes an association may be formed
in any municipality to build working-
men's dwellings, and the council may
guarantee the bonds of the association
A^ath a view to facilitating the erection
of such houses.

61

PUBLIC HEALTH.

The Ontario Public Health Act will be
found in the Revised Statutes, chapter
218. It provides for local Boards of
Health and city, county and dlatrlct in-
spectors.

Very wide powers are given for the In-
spection and regulation of all matters af-
fecting in any way the health of the com-
munity.

Imformation can be secured at any
time by addressing the Chief OfBoer of
Health, Parliament Buildings, Toronto.

DEPORTING UNDESIRABLES.

Any official or tocial worker knowing
of undesirable citizens who have not been
residents of Canada for three years can
apply to the Inspector of Prisons and
Charities, Parliament Buildings for
printed forms, on which application for
deportation can be made. The chief
causes for which deportation is asked are
Insanity or feeble-mindedness, conviction
of crime, chronic idleness or dependence
on charity.

6S

_ APPRENTICES AND MINORS.
Chapter 147, R.iS.0.

3. A parent, guardian or other person
having the care or charge of a minor, or
a charitable society authorized by the
Lieutenant-Governor to exercise the
powers conferred by this Act, and having
the care or charge of a minor, may, with
the minor's consent, If the minor Is a male
not under the age of fourteen years, or
is a female not under the age of twelve
years, and without such consent If he or
she Is under sudh age, constltnte to be
the guardian of the child, any resipectable,
trustworthy person who is willing to
assume, and by agreement assumes the
duty of a parent towards the child. The
guardian shall thereupon possess the same
authority over the child as he or sihe
would have were the ward his or her
own child, and shall be bound to perform
the duties of a parent toward such child

4. No minor who has been abandoned
by his parent or guardian, or who Is de-
pendent upon charity for support shall be
removed from any public or private
charitable Institution, or from the custody
or control of any private person who Is
(Aarltably taking care of the minor, by

6S

the father or mother or guardian of the
minor against the will of the head of such
public or private charitable institution,
or such private person without an order
for such removal from a Judge of the
high court or from the judge of the county
court of the county, or mayor or police
magistrate of the city or town where the
minor is, and the judge or other person
hereby empowered to make an order for
removal may refuse to grant an order for
the removal of the minor unless he is
satisfied that the removal will tend to the
advantage and benefit of the minor.

By Order in Council the Children's Aid
Societies of the Province have been given
the powers conferred by this Act.

64

INDEX.

PAGE

Abandoning an Infant 1^

Abduction •• • • • • ,o

Accommodation for Travellers 4Z

Adoptions • •• • ^ q

Allowing Children to Beg i^

An Act Respecting Infants ^^

An Eight-hour Day in Mines ^n

Animals, Cruelty to ^t

Apprentices and Minors ^^

Assaulting Girl or Woman ii

Assisting an Offender . ^

Attempted Suicide • • •••••.• ^^

Attendance of Children at Motion Pic-
tures

Bartenders Must Have License 45

Beating or Over-driving Horses 14

Begging. Sending Children 1»

Betting Devices • . ^

Bigamy • iq

Billiard and Poolrooms ^»

Board of Parole *^

Can Detain Offenders 6

Care of the Insane %l

Charitable Institutions ^^

Cheating at Play • ^^

Cheques. Hotels Cannot Accept 4b

Child Under Fourteen : °

Child Under Seven o

Children Cannot Consent ^\

Children In Shops ^^

Children. Marriage of 48

Children Not Admissible 4»

Children on Streets i»

Children's Protection Act . . • i'

Children Under Fourteen in Factory.. ^Jl

Citizen Can Arrest. . . • ^

Clothing Manufacturers ^^-^4

Commissioners (License) 41

Commissioners' Trial of Children 20

Committed to a Refuge ^o

Committee of Management 4»

Concealing Death of Infant . ii

Consumptives. Care of 4|

Correction of Child o

Counselling an Offence 5

Cruelty to Animals 14

56

PAOf

Dangerous Employment 32

Dangerous Insane Persons 35

Defrauding Hotels 9

Department of Justice 41

Deporting Undesirables 62

Destitute Persons (Insane) 38

Detention of Indigent Persons 50

Disorderly Conduct 51

Disorderly Houses 8

Dog, Shooting of 12

Dominion Criminal Code. 5

Drugs for Private Diseases 7

Drug Stores, Liquor in 45-48

Drunkards 47

Employment of Prisoners 41

Entertainments (Children) ....« 19

Factories and Shops 80

Factories to be Reported 80

Females, Refuges for 3«

Pood, Regulation Concerning 9

Forgery ..18-14

Fortune Telling 18

Foster Homes 81

Fraudulent Schemes 8

Frequenters of Disorderly Houses.... 9

Fruit Season 31

Girl, Assault on 11

Government Grants 87

Guardians 22

Health of Employees 88

Heat and Ventilation 88

Hospitals for Insane 88

Hotels. Defrauding 8?

Hours of Employment 82

Hours of Sale (Liquor) 4«

Houses of Refuge 49

Housing Accommodation 61

How Admitted (Insane Persons) 88

How Admitted to Hospitals for Insane 88

Husband and Wife 12

Idiots or Insane 6

Ignorance No Excuae 6

Ill-treating Children 18

Immoral Resorts 8

Improper or Hasty Marrlagp.*^ 4f

Tndpccncy 8

Indeterminate Sentence 10. 40

Indigents. Care of 60

Industrial Farms 41

Industrial School. Inmate of 8<

M

PAOK

Industrial Schools 26

I nf ants, Abandoning 10

Infants, An Act Respecting 23

Infants, Concealing Death of 11

I nsane Persons 38

Inspectors 30

Interfering With Wards. 20

Intoxicants 43

Juvenile Court Act 15

Juvenile Immigration 21

Juvenile Offenders 20

Killing an Infant 11

Knives and Pistols 6-7

License Commissioners 43

l^icense Fees 45

License Inspectors 43

License to Perform 19-20

Licensee Cannot Accept Cheques 46

Liquor and Drug Stores 45-46

Liquor License Act 43

J^iquor Prohibited on Boats 44

Liquor to Minors 47

Local Option 47

Lunch Rooms 32

Maintenance. ... 18

Maintenance of Patients (Insane) 39

Maintenance of Wife 50

Manufacturers of Clothing 33-34

Marriage Act 48

Mines, Working in 35

Minister May Prohibit License 44

Minors and Pawnbrokers 29

Motion Picture Houses 28

Municipal Act 42

Must Not Solicit Business, Licensees.. 46

New Licenses 44

Nuisances 9

* )ffenders, Youthful 15

< )ffensive Weapons 51

on Streets at Night 19

' mtario Children's Act 17

( )ntario Liquor License Act 43 .

tJverdriving or Beating 14 ,

Owners of Immoral Resorts 8

Parent Liable 18

Parole, Board of 41

Pawnbrokers 29

mans of Factory Building 30 .

67

Pool or Billiard Roomfl S9

Prisons ♦«

Private Hospitals 87

Priae Fights 7

Procuring for Immoral Purposes 8

Property of Patient (Insane) !•

Protection of Infants 12

Public Health Act 68

Railways 14-lf

Keiuge, Committed to 86

Refuges for Females 86

Register of Employees 80

Release or Transfer Reformatories 86

Right of Appeal 20-11

Robbery 18

Safety First .84

Sanatoria for Consumptives 42

Sanitary Regulations 88

School Attendance 27

Seats to be Provided 82

Selling Pistols to Minors 7

Selling Unfit Food 9

Setting Fire to Buildings 14

Shop License 46

Shrubs or Vegetables 18

Sleeping in Factories 88

Stealing Dog or Other Animal 12

Street Traders 19

Supplying Drugs 12

Telling Fortunes 18

Theatrical Performances 8

Threatening 18

Tobacco to Minors 16

Travellers' Accommodation 46

Truancy 10

Under Eighteen, Consent 66

Undesirables. Deporting 62

Vagrancy 15

Violating young Girl 11-12

Visiting Children 21

Voluntary Patients (Insane) 89

. Wife Desertion 9

Women Not Allowed in Mines. Except-
ing Office Work 26

Women Prisoners 40

Working in Mines 86

Youthful Offenders 16

Youths at Hoisting In Mines 86

Youths Under Arrest 16

68

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